CENTRAL CRIMINAL COURT.
FIFTH SESSION, HELD MARCH 4, 1839.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
On the Queens 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, March 4, 1839, and following Days.
Before the Right Honourable SAMUEL WILSON , LORD MAYOR of the City of London; the right Honourable Sir Nicholas Conyngham Tindal, Knt., Lord Chief Justice of Her Majesty's Court of Common Pleas; Sir John Vaughan Knt., one other 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; Sir Claudius Stephen Hunter, Bart.; Sir Matthew Wood, Bart.; William Venables, Esq.; Matthias Prime Lucas, Esq.; Charles Fairbrother, Esq.; and Sir John Cowan, Bart.; 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: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
WILSON, MAYOR. FIFTH SESSION.
A star (*) denotes that a prisoner has been previously in custody—An obelisk (†), that a prisoner it known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, March 4th, 1839.
First Jury. before Mr. Recorder.
NOT GUILTY .
OLD COURT.—Tuesday, March 5th, 1839.
Second Jury, before Mr. Recorder.
GUILTY . Aged 44.— Confined Three Months.
GUILTY . Aged 18.— Confined One Month.
GUILTY . Aged 27.— Confined Six Months.
GUILTY . Aged 33.— Confined One Month.
THOMAS ELLIS . I am in the employ of Sarah Ellis, a widow—she keeps a corn-chandler's shop in Salisbury-street, and sells hay and straw in Portman-market, which is opposite her shop. About eight o'clock on the evening of the 5th of February, I was in the shop with Wharton, and saw the prisoner coming across the street, from the market, with a truss of hay—he went down Stamford-street—I pointed him out to Whaurton, who went after him—we had thirty-two trusses in the market that evening—I went to it, and missed one, which I had seen safe at seven o'clock—Wharton brought the prisoner into the shop in about half an hour—I went to
Hale's stable, and found a truss of green meadow hay belonging to my mistress—it was part of what had been in the market—the prisoner offered to pay me if I would let him go.
WILLIAM WHARTON . I was in the shop with Ellis—I followed the prisoner up the street into Lisson-grove, and into Queen Charlotte-mews, Stingo-lane—I asked him, at the corner of Grove-street, where he got the hay—he said he bought it at Mr. Bunce's, at the top of Capman-street, which is about a hundred and fifty yards from the market—I went to Bunce's, and in consequence of what he told me I went after the prisoner again, and stopped him—I left the bay against Hale's stable, but I afterwards found it inside the stable—it was the same hay—I knew it belonged to Mrs. Ellis from the quality and by the bands.
THOMAS HENRY THOMPSON . I am a police-sergeant. I took the prisoner into custody—I asked him what he had done with the hay—he said it was left in Queen Charlotte-mews, where he was ordered to put it; that Mr. Hale, a butcher who lived there, gave him 2s. 9d. to go and buy it, and 2d. for himself for fetching it—I went to Hale, and asked him if he had authorised him to go for a truss of hay—he said no—he sent Taylor, his man, with me to the stable, and I found it in the stable—Taylor said he had taken it in, being wet, that it might not be spoiled—it had been raining that night—the prisoner said he bought it in Capman-street—Salisbury-street is quite out of the way from there—Taylor was taken for receiving, but was discharged.
Prisoner's Defence. Hale's man gave me 4s. 9d. to fetch a truss of hay—I fetched it, and brought it there—the man was not there—I put it down by the door, and went back with the witness to tell him where I bought it.
GUILTY .* Aged 18.— Transported for Seven Years.
HENRY FULLER . I am a jeweller, and live on Ludgate-hill—I rent the shop of Mr. Croft, and the first and second floors of Mr. Harvey—they do not live in the house—mine is quite a distinct occupation from theirs. On the evening of the 25th of February I was called down stairs, and saw the prisoner—my young man had handed him a gold watch from the window—I took two more from the window, and showed him—the highest price was six guineas—he wanted one about 7l.—I said I had not one higher, except one at 9l. 15s.—he asked to see it—I was taking it out of the window, when he took up a six guinea watch and ran out—I pursued him up the Old Bailey—he was stopped just as I got up to him—I brought him back, and gave him in charge with the watch in his possession.
Cross-examined by MR. PRENDERGAST. Q. Does Mr. Croft' occupy part of the shop? A. Yes; but it is divided from mine by a passage—there is a door goes from his shop to the kitchen, and there is a private door common to both—Mr. Croft rents the shop of Mr. Clay, and I rent part of the shop of Mr. Croft—the kitchen belongs to me, but Mr. Croft has the use of it—they go through it to put up their shutters—I am rated through Mr. Croft, not separately—I have made inquiry about the prisoner, and believe him to have borne a good character up to this time—I understand he was in very great distress.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY of stealing, but not in a dwelling-house. Aged 22.—Recommended to mercy. — Confined Six Months.
THOMAS STORM ROBERTSON . I am a surgeon, and live in Assembly-row, Mile End-road. On the afternoon of the 13th of February, between three and four o'clock, I was in Moor-lane, leading into Fore-street, City, and felt the prisoner run against me, and take my handkerchief from my pocket—I immediately turned round and knocked him down, and at the same moment saw him throw my handkerchief from his hand,—he got up, and ran off across Fore-street, into Aldermanbury-postern, where I again knocked him down, and gave him into custody, without losing sight of him for a moment.
Cross-examined by MR. PAYNE. Q. Did you not stop to pick up your handkerchief? A. Yes, but he was on the ground then—I had knocked him down—he got up again, but had not gone two steps from me when I picked up my handkerchief—it laid behind me, and he was behind me too, close to me—I was near enough to have laid hold of him, but I did not then, as I picked up my handkerchief—I was very much excited, having lost many handkerchiefs—I am certain the prisoner is the person that took this one.
JOHN HENRY STANTON . I am foreman to Mr. Stapleton, of Whitefriars. I did not see the prisoner take the handkerchief, but I saw him throw it away, and saw the prosecutor pick it up—the prisoner was lying on the ground within a yard of him—he got up, and ran off—the prosecutor followed him, and I also, and never lost sight of him till he was taken in Aldermanbury-postern—as we were taking him to the watch-house I happened to say that I saw the prisoner throw away the handkerchief—he pointed over his shoulder, made a signal to somebody behind, and also to me, and I immediately received a severe blow on the cheek, from whom I cannot say, but I have not recovered the use of my jaw since.
Cross-examined. Q. How far were you from the prisoner when you saw him throw the handkerchief away? A. About three yards—I saw it distinctly, and cannot be mistaken—the prosecutor picked it up, and pushed the prisoner down at the same time—he escaped for a moment, and the prosecutor again pushed him down—he got up again, and ran into Aldermanbury-postern, where he was taken.
(Property produced and sworn to,)
GUILTY .* Aged 28.— Transported for Fifteen Years.
(The witness Stanton stated the prisoner had assaulted him, and made a forcible attempt to rob him, very shortly before committing this offence.)
FRANCIS OXLEY . I am a wine-merchant, and live in Cross-lane, St. Mary-at-Hill. A little before three o'clock, on Friday afternoon, the 22nd of February, I was passing through Rood-lane, and missed my handkerchief—I perceived the prisoner close by me, on my left-hand side—I suspected him, but not liking to charge him with it immediately, I stepped aside, let him pass, and saw him endeavouring to get my handkerchief into his pocket—I made a spring at him, and he dropped it, and ran away—I pursued him, struck him with my umbrella, and knocked off his hat—I picked it up, and stuck it on the first post I came to—I cried, "Stop thief," but he turned the corner of Cross-lane, and I lost sight of him—there were one or two others with him—I cannot say whether they were accomplices.
JOHN SAMUEL M'ARTHUR (City police-constable, No. 149.) I was on duty in Thames-street a few minutes before three o'clock on Friday, the 22nd of February, and heard, "Stop thief" cried—I ran in the—direction of the cry, and met the prisoner running without a hat, and four persons following him—I stopped him—he resisted very much, and struck me a severe blow—I was, obliged to send for further assistance before I could take him—a hat was brought by a man who said he took it off a post, and the prisoner owned it as his.
(Property produced, and sworn to,)
Prisoner's Defence. I was passing by Philpot-lane, and two young men came along, and pushed against me—we quarrelled, and I was fighting with one of them—there was a friend of mine behind me, but he did not interfere—I ran away, as they both pitched into me, and knocked my hat off—I did not stop to pick it up, thinking my friend would do that—they hallooed, "Stop him," not "Stop thief"—the policeman stopped me, and asked me to go to the watch-house—I said I would if he would not collar me, but he would, and pulled me along like a dog—I would not go at first, but I did in a minute or two—I never struck him, nor attempted to do so—they went and fetched the gentleman, and the Inspector said to him, "Do you think that is the person?" he said, "No, I do not think that is the person"—the Inspector said, "Step out into the yard"—I did, and then the gentleman altered his mind, and said he thought I was.
FRANCIS OXLEY re-examined. When I went into the room at first it was very dark—I was hardly aware of "any one being present—the Inspector said, "Is that the man?"—I said, "I don't know, trot him out and let me see him in the light"—directly I saw him in the light, I said, "That it the man"—I saw him with the hat on—it was dirtied in the same way as the one I picked up.
Prisoner. It is my hat—I had been in the watch-house full an hour and a half before the gentleman came in. Witness. They did not know where I lived.
GUILTY .* Aged 21.— Transported for Ten Years.
(The prisoner had been previously convicted, and repeatedly in custody.)
St. Martin's-lane, but I reside at Brixton. On Saturday afternoon, the 23rd of February, I was in Whitechapel, near Alderman Johnson's gateway, I felt something move at my pocket—I put my hand there, and my handkerchief was gone—I instantly turned round, and saw the prisoner and another—the one nearest me was passing my handkerchief to the prisoner—I seized him with it in his hand, and kept him till the policeman came—the other tried to raise a mob, and escaped—this is my handkerchief—(looking at it.)
GUILTY .* Aged 21.— Transported for Ten Years.
JOHN DEAR (City police-constable, No. 158.) About half-past five o'clock on the morning of the 9th of February, I saw the prisoner standing about the coach-rank in Farringdon-street—I went towards him to send him away—he saw me and ran away—I pursued him, and as he turned the corner of Farringdon-market, he threw this bridle into some baskets—I secured him and took it up.
(Property produced, and sworn to.)
Prisoner's Defence. I went to Mr. Osborne's stables, as a lot of boys go there in a morning to get a ride—a boy there said to me, "Take this bridle and sell it for 4s.—I will give you 1s. out of it, and meet me at the corner of Field-lane."
NOT GUILTY .
MR. PRENDERGAST conducted the Prosecution.
WILLIAM FENN . I keep the Old George Inn, at Edgeware—the prisoner was my ostler. On the 4th of December, I received information from Ham the constable, and spoke to the prisoner on the subject—he was in bed at the time, it was about eight o'clock in the morning—I went round my premises with Ham, but could not find any trace of hay on my premises—I told the prisoner I understood Mr. King had been robbed of some hay, and asked if he knew any thing about it—he positively denied knowing any thing about it—I asked him if any hay had come on the premises—he said there had been none brought there during the night—I said nothing more to him then—I called him into my room in the evening, and told him I had my doubts about it whether he did not know something about it—I saw his countenance change, and said, "I am satisfied you are concerned in the robbery, now tell me all about it"—I did not say it would be better for him to tell me, or worse if he did not—he said he did know something about it; that Hammond stole it, and brought it to him, and he received it; that he put it somewhere in my back premises, and Halsey took it to London—he did not say where it was taken to—I have a barn or
shed at the back of my premises, about two or three hundred yards from where the hay was taken, it is within sight of it—I said nothing more to him—I saw the prisoner pay a sovereign and 5s. to my wife, but did not hear him say what it was for—I heard my wife ask Mr. King whether, if he got paid for the hay, he would let the matter drop, and he said, "Yes"—that the value was 25s.—my wife took the 25s. from the prisoner's hands, and gave it to Mr. King, who took it—that was in my parlour—I had sent for Mr. King—the prisoner was standing outside the bar at the time—he could see the money paid, but could not hear what was said.
WILLIAM HAM . I am a constable of Edgeware. On the morning of the 4th of December I received information of the loss of some hay from a rick in Mr. King's field, near the Old George—I tracked the hay by footmarks in the grass, to a shed of Mr. Fenn's, from 200 to 300 yards from the rick, in sight of it—a person standing outside the shed could see what was going on in the field—it is in a direct line—in consequence of what I heard, I went to the Horse Bazaar—I took a truss of hay from there, took it to Mr. King's rick, and it matched it—there were two or three hedges between the rick and the shed, and a portion of hay hung on the hedges, and some lay close outside the shed door, not inside—it corresponded with the bay in the rick—there were distinct footmarks of two persons from the rick—I did not try the prisoner's shoes.
COURT. Q. Were the hedges high enough to exclude the sight of what was going on from a person standing outside the shed? A. No, they were low—a person might see the whole transaction—he could not see if it was dark—I do not recollect what sort of a night it was—it was a dewy morning—it would take more than one person to get the hay over the hedges, well—I got information where it was gone, from one of the Halseys, who took it there—Halsey was tried here, and acquitted—the prisoner was not here then.—(See Second Session, page 331.)
JOHN KING . I am a farmer at Edgeware. On the night of the 3rd of December I had some bay in my field which had been sold to Mr. Tootel—it had been cut from the rick, trussed, and laid there ready for delivery—next morning it was gone—I afterwards saw a truss produced by Ham, and to the best of my judgment it was part of what I had sold to Mr. Tootel—I was sent for to Fenn's the same evening, and Mrs. Fenn gave me 25s. as the value of my hay—she would not let me know who the prisoner was, till I had taken the money—I afterwards saw the prisoner, and he told me he had given Mrs. Fenn 25s. to pay for the hay—Mrs. Fenn said before him that he was one of the men concerned in it, and that there were three or four—he said he was very sorry.
COURT. Q. Did not Mrs. Fenn ask you if you would let the matter drop if you were paid? A. Yes, I said I would—I wanted to find out who the thieves were; that was my motive—I lost nine trusses—a man could only carry one at a time—there are four hedges between the shed and my rick—nobody sleeps in the shed, that I am aware of.
Prisoner's Defence. I never saw the hay in my life, and know nothing at all about it.
GUILTY . Aged 31.— Transported for Seven Years.
NEW COURT.—Tuesday, March 5th, 1839.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 42.— Confined Six Months.
GUILTY . Aged 30.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
JOHN PETER . I am butler to Colonel Sir Charles Hopkinson, who lives in Waterloo-place—I have seen the prisoner three times. On the 28th of January my master had a party, and the prisoner was in the kitchen that evening—the spoons and other plate were used on that occasion—he left between twelve and one o'clock—next day the officer came—I examined, and missed a silver table-spoon—the officer produced part of it—it has my master's crest on it—I did not give it to the prisoner, nor authorize him to take it.
NEWSOM GARRETT . I am a pawnbroker, and live in the Commercial-road. On the 29th of January, about eight o'clock in the morning, the prisoner brought this part of a spoon—I asked him where he got it—he said he had been living with a gentleman in Piccadilly, that be bad broken the spoon in cleaning it, and the gentleman had made him pay 6s. for it—I should think it is worth 35s., or two guineas—I was not satisfied, and gave him in charge.
WILLIAM HOMER (police-constable K 173.) I was called to Mr. Garrett's shop on the 29th of January, and took the prisoner in charge with this bowl of a spoon—he was inclined to say a great deal—I cautioned him—he said he had been to see a person at the West-end of the town, that they gave him something to eat with the spoon, and in using it, or trying to bend it, he had broken it, and it was his intention to get it mended, and return it—at the station-house, as he sat on the seat, I heard a noise of something falling—my brother constable looked, and found the other part of the spoon.
(Property produced and sworn to.)
Prisoner. I throw myself on the mercy of the Court.
(The prisoner received a good character, and the prosecutor engaged to send him abroad.)
GUILTY . Aged 20.— Confined One Week.
EDMUND VENIS . I live in St. Ann's-lane. About five o'clock in the evening of the 21st of February, I left my shop to get some coals—I returned to the top of the stairs in half a minute, and saw the prisoner with a jar under his left arm, going out of my door—he looked round at me, got out, and ran—I pursued about ten yards, and he then threw down the honey-pot on the pavement—I did not stop to pick it up, but followed him on to Carey-lane, where the policeman took him—some man took up the honey-pot—it was broken—I put the honey into another pot—this is it—I missed the honey-pot from my shop.
Prisoner. I had been looking after a place, and as I was going down the street the policeman took me—it was not me that had the pot.
GUILTY .*** Aged 16.— Transported for Seven Years.
JOHN DIXON . About eight o'clock, on the 1st of March, I was in King William-street—a person asked if I had lost my handkerchief—I felt, and said I had—he produced this handkerchief to me, which I recognized at mine—I had had it in my pocket the same evening—the person brought the prisoner with him.
BENJAMIN KIDMAN . I am a baker, and live in Upper Thames-street I was in King William-street a few minutes after eight o'clock, on the opposite side to the prosecutor—I noticed the prisoner and another lad following the prosecutor—I saw the prisoner take up the prosecutor's pocket with his right hand, and take his handkerchief out with his left—he was crossing the road, folding it up—I crossed and met him—I took hold of his collar, and he dropped the handkerchief—I took it up—I sent a lad to tell the prosecutor—I gave the prisoner into custody—I have no doubt of his being the person.
Prisoner. When he took me the handkerchief was four yards away from me. Witness. No, it dropped down close to his legs—I saw it in his hand, and he dropped it—I took it up with one hand, and took him with the other—he was very strong, I could scarcely get him along—he and his companion were very nearly across the road before they saw me.
Prisoner's Defence. I was coming from my father's sister, in Field-lane—just as I passed this gentleman he collared me, and said, "You have got the gentleman's handkerchief"—I said, "I have not," and I saw a boy run down a turning opposite—the gentleman must have made a mistake.
GUILTY . Aged 16.— Confined Six Months.
other lads loitering about the prosecutor's premises—the prisoner then went in, took up a Keg of emerald green paint, put it on his shoulder, and went on across Cheapside—I followed him till I saw a policeman—I then gave him in charge.
HENRY DUNT (City police-constable, No. 117.) The witness gave me information, and I went up to the prisoner, who had this keg on his shoulder—I asked him where he had it from—he said it was give him by a man in Cheapside, to take to the bottom of King-Street, and to wait there till he came—I asked what he was to have—he said he did not knew, and did not think he should know the man again.
GUILTY . Aged 23.— Confined Six Months.
BENJAMIN KIDMAN . I live in Upper Thames-street. On the evening of the 21st of February, about seven o'clock, I noticed a young man with a frock-coat on, push open the door of Mr. Gwryther's house, which is opposite to my house—I then saw the prisoner go and push the door gently open, and off a cheese which was there he took this box—be was going up Bush-lane with it—I opened my private door and took him, with this box of blacking.
Prisoner. I was out with a cart, and got a little too much to drink.
GUILTY . Aged 17.— Confined Six Months.
JAMES SULMAN . I was cleaning my master's shop, at No. 168, Fenchurch-street, on the 27th of February—I saw the prisoner Chapman take a handkerchief from some gentleman's pocket, and put it under his jacket—he turned up Lime-street—I ran out and told Mr. Isaacs—I returned to ray master's shop—there were two females, who followed Chapman, sod spoke to him—they were dose behind him when he took the handkerchief—I do not know who the gentleman was.
HENRY ISAACS . I received information from Sulman—I told a policeman to lay hold of Chapman, and I Would follow him—after he took hold of Chapman, he drew this handkerchief from his pocket, and tried to pass it to Clements—I laid hold of it—they were walking arm it arm up Lime-street.
Chapman. I was with no Woman. Witness. Yes, you were with two.
Clements. I was not with the boy. Witness. Yes—she was not taken for two days after, when I was before the Lord Mayor, I went down, and saw her and another girl walking off—I laid bold of them both.
Clements. I was facing the Mansion-house, and saw a young woman
whom I knew—she said there was a little boy up there whom she knew—I walked by—the gentleman ran down and took me—he swore that I was the girl who was going to take the handkerchief—this boy knows that I an not the person.
Chapman. I was going along, and two women began to show me the handkerchief, but not this woman.
CHAPMAN— GUILTY .* Aged 15.
CLEMENTS— GUILTY .* Aged 19.
Transported for Ten Years.
898. CHARLES WILLIAMS was indicted for stealing, on the 28th of February, 1 purse, value 6d.; 10 shillings, and 2 sixpences; the goods and monies of George Irvine, from the person of Catherine Irvine.
CATHERINE IRVINE . I am the wife of George Irvine—we live in Heath-street, Commercial-road. On the 28th of February I was walking with Mrs. Johnson and Mrs. Teshach—we had proceeded to High-street Aldgate, when Mrs. Johnson told me something—I had had a brown silk purse with me containing about 11s., chiefly in shillings, and there were some sixpences—I could not say how many—I put my hand into my pocket, and my purse was gone.
ELIZABETH JOHNSON . About twelve o'clock, on the 28th of February, I was with Mrs. Irvine, and when we were in Aldgate I saw the prisoner taking Mrs. Irvine's purse out of her pocket—it was partly in his hand, and partly in her pocket—there were several young men who crowded round us, but I am sure the prisoner is the person who had the purse in his hand—I took hold of him—he passed the purse to another, and it is gone.
Prisoner. Q. Was there not a person by my side who put his hand around me? A. No.
Prisoner. Yes, there was, and that was the person who had the purse—I did not take it out of the pocket.
Prisoner. I am innocent—there was no purse found on me.
GUILTY .* Aged 19.— Transported for Ten Years.
WILLIAM GROOM. I live at Kensington, and drive a gentleman named Mayor. I had a great-coat, which I left in the carriage, at the White Horse, in St. Mary Axe, about a quarter past twelve o'clock, on the 22nd of February—I had been in the yard four or five minutes, when a witness brought the prisoner and coat to me—this is my coat—(looking at it.)
Prisoner. Q. Did I not say a man had just given it me? A. You are the man that took it out—I saw it in no one's possession but yours—you had scarcely got out of the gate—I did not lose sight of you for half a minute—you had a white flannel jacket on.
Prisoner. A person ran by, and said, "Old man, here is a coat, as you seem hard-up"—I am a poor unfortunate man—I know no more of taking it out of the carriage than a child—I lodged at the Sailors' Home.
GUILTY . Aged 42.— Confined Six Months.
JOHN PYKE . I live in King-street. On the evening of the 21st of February I saw the prisoner Brown take a piece of bacon out of the prosecutor's window, and give it to Simmons, who put it into his apron, and wrapped it up—I crossed, and took Simmons with it—Brown ran away—a person followed, and brought him back.
Simmons. I knocked it down with my arm. and took it op, to take it into the shop again.
BROWN— GUILTY . Aged 15.— Confined Three Days, and whipped.
SIMMONS*— GUILTY . Aged 15.— Transported for Seven Years—To the Isle of Wight.
WILLIAM SUTHERLAND . I live in Middlesex-street, Somers Town, and am a pensioner, I received my pay on the 6th of February, and on the 7th I fell in with the prisoner—I knew her before—she asked me to treat her—we went into a public-house, and had something to drink—she then invited me to go to a private house—I went, and went to bed with her, and between one and two o'clock in the day I was coming away, and found my money was gone—I was not drunk—if hen I went to the house I had two sovereigns and a half in my fob, and some silver—I had seen it sale about an hour and a half before—when I missed it she was gone.
Prisoner. He took me to the house, and gave me five sixpences, and then he gave me a sovereign to cut a lock of his hair, and that was all I saw of his money—the servant in the house lent me the scissors. Witness. No, I did not.
OLIVER BEEDLE (police-constable S 113.) The prosecutor applied to me the next morning, and said the prisoner had robbed him of two sovereigns and a half—I went to her lodging, and saw the man she was living with—she was not at home—I took the man to the office, and went and found the prisoner in Drummond-street,—she had some duplicates in her, hand, and some she swallowed—I said, "You are swallowing these things"—she said yes, she was fond of them—I took some duplicates from her other hand—I took her to the office, and she stated there that the prosecutor gave her a sovereign for the purpose she states here—I only found on her 2d., but on the afternoon that the prosecutor, states he was robbed, the prisoner was riding about in a cab with another woman, and she gave that woman into custody for robbing her—she said she had two sovereigns and a half when she came out, and she had bought a scarf and a pair of
stockings—I saw her with a sovereign and 10s. or 12s. in the station-house, and then she went off with the cab-man.
Prisoner. I had no sovereign—I had 9s., which I got at my employer's—I never was in a cob. Wittiest. She came to the door of the station-house in a cab, and gave charge of the woman.
GUILTY . Aged 39.— Confined Three Month.
JOHN AITKIN . I live at Mr. John Ford's, a baker in High-street, Portland-town. On the 8th of February I was serving my customers in St. John's-wood—I left my basket to go to a customer, and on looking back, I saw the two prisoners by the side of my truck—they each of them took out some bread, went across the road, and down Portland-town—I followed—a policeman pursued, and took them—I saw Gerrard throw away one loaf.
RICHARD SIMMONS . I am a baker. I was serving my customers in Portland-town, and saw the two prisoners—Baker threw down two loaves against my barrow—Gerrard was running, and dropped two halves of a loaf on the ground.
(The prisoners received good characters.)
BAKER— GUILTY . Aged 19.
GERRARD— GUILTY . Aged 18.
Confined One Month.
OLD COURT.—Wednesday, March 6th, 1839.
Third Jury, before Mr. Sergeant Arabin.
GUILTY. Aged 40—Recommended to mercy. — Confined Three Month.
THOMAS HARFORD COX . I am a victualler, and live in Shoreditch—the prisoner was my pot-boy, and slept in the house. On the night of the 10th of February, when I went to bed, I locked my till in the bar where I kept my money, also the bar-door, and took the key up to my bed-room—I came down about a quarter past seven o'clock next morning, and observed the prisoner coming out of the bar—I caught, hold of him, and said, "I have got you, have I, young gentleman?"—I sent for a policeman, and gave him in charge—I found a false key in the bar-door—(I had my own key with me)—the prisoner said he had picked it up in the yard—the till was broken open, and 10d. gone from it—the prisoner was afterwards searched, and exactly 10d. was found on him.
worth of halfpence in the till—I equated the money, and 10d. was missing—I then searched the prisoner, and found 10d. in his trowser's pocket, and likewise an old knife, which I suppose the lock of the till was forced with.
GUILTY. Aged 14.—recommended to mercy. — Confined Three Months.
JAMES DANIELLI . I am shopman to Mr. Isaac Jacobson, a silversmith and miscellaneous dealer, in Oxford-street. On the 15th of February, about seven o'clock in the evening, I was standing in the shop, and saw the prisoner looking in at the window, watching my mistress,, who was busy serving a lady—I watched him, saw him take up a globe, and run away with it—I pursued him, caught him at the corner of Swallow-passage, took it from him, sent for an officer, and gave him into custody—this is the globe—(looking at it.)
Prisoner's Defence. I was passing the shop, and a boy who was standing at the window took the globe, gave it to me, and said I might have it.
GUILTY . Aged 18.— Confined Three Months.
ANN EVAVS . I am the wife of John Evans, a haberdasher, in Crown-street, Finsbury. On the 12th of February, between seven and eight o'clock in the evening, I was standing in the shop, near the door, and saw the prisoner come into the shop, reach his arm as far as he could, and pull down some handkerchiefs which were fixed against the door—be broke two strings and the bell-wire, to which they were fastened, for the purpose of detecting any one, as we had lost several things in the tame way—my husband was writing at the counter, and my son, George Marshall, was in the shop also; but I being on the outside of the counter, ran to the door first, and saw the prisoner drop the handkerchiefs inside the shop—he did not take them out—my ton went in pursuit of him, and brought him back in a very few minutes—he is the person.
Prisoner. I merely took hold of the handkerchiefs to look at them and they fell down—the wire did not break—I did not drop them at all Witness. He pulled them down, the wire was broken, and he dropped them on the alarm being given—there was another person with him at the time, who stood next door to my house.
GEORGE MAESHALL . I am the prosecutrix's son. I was in the shop, and saw the prisoner pull the handkerchiefs down, and run away—I pursued him about forty or fifty yards, then took him into custody, and brought him back—I am sure he is the person.
Prisoner's Defence. The handkerchiefs came down as I was looking at them—the bell rang, and I went away—the boy came out, cried "Stop thief," and a gentleman stopped roe—I went bade, and asked what I had done—they said I had attempted to steal the handkerchiefs—I said that was not my intention, I meant to buy one, and had the-money in my
pocket—next morning they charged me with stealing them, and the day before only with attempting to steal them.
GEORGE EVANS . I am a City policeman. I produce a certificate of the prisoner's former conviction in August last, which I got from Mr. Clark's office—(read)—I apprehended the prisoner, and am sure he is the same person—he pleaded guilty, and had three months' imprisonment.
GUILTY . Aged 20.— Transported for Fourteen Years.
Before Mr. Justice Vaughan.
BERRY— GUILTY [Recommended to mercy by the Jury. See original trial image.] — DEATH . Aged 19.
SUTTON— GUILTY [Recommended to mercy by the Jury. See original trial image.] — DEATH . Aged 19.
Recommended to mercy by the Jury.
Fourth Jury, before Mr. Recorder.
HARRIET WILLIAMS . I am the wife of Thomas Walter Williams, and live in Southampton-buildings, Holborn. On the 2nd of March, I was going up Snow-hill with a friend, about a quarter past ten o'clock, and felt a person's hand in my pocket—I turned round, and saw the prisoner close behind me—there were three persons behind him—he was the nearest to me—I felt immediately, and my pocket-book was gone—it contained a £10 bill of exchange—the prisoner ran away some distance down Seacoal-lane—I did not lose sight of him until he was stopped.
HIGH DUPREE (City police-constable, No, 157.) I was in Fleet-lane between a quarter and half-past ten o'clock, and heard the cry of "Stop thief"—I saw the prisoner running, and went and secured him, as a crowd of people were following him—the prosecutrix came up, and said he was the man—I took him to the watch-house—I found a silver watch and guard, and 3s. on him, but nothing relating to the charge.
ELIZA HAZEL . I am a widow, and live in Christopher-court, St. Martin's-le-grand. I was walking behind Mrs. Williams—I saw the prisoner, with three others, and another man like a porter behind them, with a sack over his shoulder, and a cap on—I saw the prisoner hustle the prosecutrix twice—I then saw him put his hand into the pocket-hole of her gown—I did not see the pocket-book—he ran down Seacoal-lane into Fleet-lane—I followed him, and am certain he is the man—I do not know what became of the other three—I kept my eye on the prisoner.
Cross-examined by MR. PHILLIPS. Q. How near were you to him? A. Almost close to him—I never lost sight of him all the time, until he was secured—I have stated all I saw him do before he began to run—he could not have done any thing without my seeing him.
COURT. Q. Were you nearer to the prisoner than the three men? A. One of them was between him and me—he might have handed the pocket-book to that person, but I did not see him take it—they all hustled round him immediately, and he might have passed his hand down without my seeing it.
(William Mowbray, painter, Club-row, Shoreditch; and John Owen, jeweller, Gray's Inn-lane, gave the prisoner a good character.)
GUILTY . Aged 20.— Transported for Ten Years.
909. HENRY MURRAY and ALEXANDER MURRAY were indicted for feloniously breaking and entering the dwelling-house of John Thompson, on the 10th of January, and stealing therein, 4 coats, value 2l.; 2 shirts, value 5s.; 1 pair of trowsers, value 5s.; 1 jacket, value 1s.; 2 paintings, value 1l.; 2 seals, value 12s.; 1 parasol, value 2s.; 1 shawl, value 1s. 6d.; 3 window-curtains, value 4s.; 3 tablecloths, value 5s.; 1 tea-pot, value 1s.; 2 waistcoats value 3s.; 1 hat, value 2s.; and 2 trays, value 1s.; the goods of Charles Pollard.
ANN POLLARD . I am the wife of Charles Pollard, and lodge in Bostock-street, Old Gravel-lane, in the house of John Thompson. On the 10th of January, we left our lodging to go on board a ship in the London Docks—we locked the room door, and the landlord afterwards, I understood, put a padlock on—we returned on the 4th of February, and found the staple of the padlock drawn, and the door unlocked—I found a chest and a trunk which we had left in the room broken open, and all the articles stated gone—I do not know the prisoners—I have since seen the seals in the possession of Williams, the pawnbroker, and know them to be the same I had left in my trunk.
JOHN THOMPSON . I keep the house in Bostock-street. I live in the lower part—the prisoner, Henry Murray, hit wife, and his son, the prisoner Alexander, lodged in the front room, in the tipper floor—they came about the 24th of December, and remained there until they were apprehended—on the 3rd of February, I noticed a staple which I had put on Pollard's door was drawn, and the door unfastened—I looked into the room, found the chest broken open, the lock of the trunk forced off, and both nearly empty—I immediately went and informed Pollard of it.
GEORGE WILLIAM GRAVE , (police-sergeant.) I was sent for on Sunday the 3rd of February, and apprehended the prisoner Alexander—I took the key out of the door of the room on the upper floor, tried it to the lock of the back room, and it unlocked it—I apprehended the prisoner Henry next day, and told him it was on suspicion of breaking into Pollard's room, next to his own—he said he knew nothing about it—I told him I understood he went to the pawnbroker's, with his ton, to pledge the seals—he said he knew that, but his son told him he picked up the teals in the dust-heap, but he knew nothing of the robbery.
ROBERT GEE . I am a policeman. I apprehended Alexander, after Grave had released him—I said, "I must take you to the station-house, on the charge of pledging two seals at Mr. Williams's, with your father"—he said, "I know nothing about it whatever, I did not go to Mr. Williams's with my father."
Cross-examined by MR. DOANE. Q. Did he not say he never saw the seals? A. Yes—the father said he went with his ton to Williams's to pledge them, and that his son told him he found them on the dust-heap.
this piece of iron behind the skirting-board there—it corresponds with the marks made in the box in breaking it open.
NOT GUILTY .
WILLIAM COOPER . I live with my father, in Chapel-place, South Audley-street, On the evening of the 15th of February, I was in Oxford-street, between six and seven o'clock, and saw the prisoner, with several other lads, three or four yards from Mr. Thomas's shop—I watched them and afterwards saw one of them, not the prisoner, go into the shop, and take out a roll of cloth, and give it to the prisoner, who ran across the road into a Mews, put it into a bag, come back, and come into Brook-street—I told the witness Atkinson he had stolen the cloth, and he followed with me—the prisoner went into Lancashire-court, and seeing us watching him, put it down, and ran—I followed him, leaving Atkinson, in care of the cloth, and followed him to Hanover-square, until I caught him—he threw me down—a butcher came up and laid hold of him—we then brought him as far as Burlington Arcade—he threw me down several times till the beadle of the Arcade secured him—I did not lose sight of him until he was secured by the constable.
Cross-examined by MR. HORRY. Q. What was the first street he went down? A. George-street, right opposite the prosecutor's shop—he then turned into a street to the left, then to the right, into Duke-street—I was not five yards behind him all the time—he was walking, and I was walking behind him, not running—I was watching him for half an hour—I had come from South Audley-street, and was going to my aunt's, in Oxford-street—I stopped, seeing the lads lurking about—there were a good many people about—I did not see a policeman in the whole half-hour—I looked for one—I spoke to a man at the corner of a street, selling potatoes, opposite the shop, and pointed it out to him—the prisoner was about twenty yards from the shop, on the opposite side of the way to me, when I first saw him—he crossed to me, and went down a number of turnings, I following him—when I caught hold of him he said, "What do you want with me?"—I said, "I will hold you till I see a policeman"—he caught hold of me, and threw me down—that was by Hanover-square—I got up again and followed him to Burlington Arcade, where he threw me down again in the same way several times—he tried to hit me once or twice, but did not—I may have told the Magistrate he knocked me down—the mews he went down is a very dark place, but I kept my eye upon him—the butcher came up to me by Hanover-square after the prisoner threw me down—we both followed the prisoner, but some one hit the butcher, and he went away—I did not give any alarm till the prisoner put the cloth down and ran away—I then hallooed "Stop thief"—I followed, and never lost sight of him the whole time.
WILLIAM ATKINSON . I am a servant in Duke-street, Grosvenor-square. On the evening of the 15th of February Cooper pointed out the prisoner to me in Duke-street—he had something on his shoulder—I watched him into Lancashire-court—we were very near him—I suppose he thought we were following him, for he threw or set the parcel down against the wall, and ran out of the court—I went and took the bundle up, and
Cooper pursued the prisoner, calling "Stop thief"—I do not know where they went to—I took care of the cloth—I am sure I took up the same I saw the prisoner put down—I took it to East-street—there was a piece of printed cotton upon it made as a bag, which it upon it now—it only half covers it.
Cross-examined. Q. How far it Duke-street, where Cooper pointed the prisoner out to you, from Lancashire-court? A. Nearly a quarter of a mile—the prisoner was walking quickly at first—he ran, after he saw us witching him.
GEORGE MILLS GIBBS (police-constable C 4.) I received the prisoner in charge from Cooper in Burlington-gardens—the doth was delivered to neat No. 49, East-street, by Atkinson—I produce the same he gave me.
THOMAS SHROULDER . I am assistant to Griffiths Thomas, a linen-draper in Oxford-street. This it hit cloth—it bat a private mark on it—there is thirty yards—we did not mitt it till the prisoner was in custody.
MR. HORRY called
GEORGE WESTBROOK . I am a boot and shoemaker, and lire in Litch-field-street, Soho. The prisoner has been in my service two years, and conducted himself with the greatest propriety and honesty—on tie 15th of February I sent him out, about five o' clock in the evening, or rather before to Shephrd's-market, May-fair, for a bill of 13s. 4d., owing to me by Mr. Groves, a tinman—be was alto to call upon Mr. Start, a builder in Oxford-street, very nearly opposite the prosecutor's, for a bill of 1l. 4s. 6d.—his way to Shepherd's-market from my house would be up Piccadilly—there are various ways from Shepherd's market to Oxford-street—through Duke-street and Brook-street would be as near a way at any for him to come home to me from Oxford-street.
COURT, Q. He would have no business on the prosecutor's side of the way to go to Mr. Stait's? A. I should say not—after calling at Mr. Stait's£s he might-come home again down South Moulton-street, Bond-street, or any of those turnings—neither Mr. Stait or Mr. Grove are here—I was not sware it would be required—I am no relation to the prisoner—I know nothing of this bag round the doth.
GEORGE WESTBROOK re-examined. I did not send any bills by him—they had been delivered previously—he merely called for the money, but did not receive it—I have been paid the 1l. 4s. 6d. since by Mr. Stait.
WILLIAM ATKINSON re-examined. I am quite certain the prisoner is the person I saw with the roll of cloth—I said so when I saw him at the station-house the same evening—I had a very good opportunity of teeing his face underneath a large lamp at the door of Mivart's hotel, in Lower Brook-street—I and Cooper followed him from there, down Davis-street, into Lover Brook-mews, and into Lancashire-court, which is very dark, but we were dose to him—he went down there about ten yards, and then ran away—I did not lose sight of him at all till then—he ran out into Bond-street—that would take him towards Hanover-square—I saw nobody but him—Cooper ran after him directly be set the parcel down—he was not more than ten yards from him then.
MR. HORRY. Q. It was by gat-light you taw him? A. Yes—the light at Mivart's hotel fell right in his face—he was under it—he had a
hat on—there are several doors to Mivart's hotel, and each door has a large lamp over it—he passed the first lamp, then turned back, and turned down Lower Brook-mews—I had plenty of opportunity of seeing him.
GUILTY . Aged 18.— Confined Three Months.
JOHN STEWART . I am compositor to a morning paper, and live in Drury-lane. On Sunday morning, the 10th of February, about four o'clock, I went into the Antelope public-house, in White Hart-street, Drury-lane, went to the front of the bar, and sat down—I undid the clasp of my cloak, but made it fast by the ties, allowing it to remain on my shoulders—I wrapped it about me on the seat, and fell asleep—when I awoke my cloak was gone—I do not think it could have come undone by itself—I was not sitting on it, I merely put it round me not to crease it—I never saw the prisoner till he was at Bow-street.
WILLOUGHBY JOHN ARUNDEL (police-constable F 22.) On Sunday morning, the 10th of February, before five o'clock, I was on duty in Wellington-street, Strand, and saw the prisoner coming from Exeter-street, which is the adjoining street to White Hart-street, towards me with this cloak on—it occurred to me it did not belong to him, and I stopped him—I said, "Where did you get this cloak,?"—he said, "I found it"—I said "Where?"—he said, "A little higher up"—I said, "It looks very clean, it does not appear to have been in the road," as it had been a very blustering wet night, and the roads were in a dreadful state—I took him to the station-house.
(Property produced, and sworn to.)
Prisoner's Defence. I picked it up—it was given me by a lad in Exeter-street.
GUILTY* of Stealing; but not from the person. Aged 21. Transported for Seven Years.
NEW COURT.—Wednesday, March 6th, 1839.
Sixth Jury, before Mr. Common Sergeant,
912. JOHN PRICE was indicted for stealing, on the 14th of February; 17 handkerchiefs, value 3l.; 1 yard of linen, value 3s.; and 1 tablecloth, value 1l. 2s.; the goods of Priest Shrub Ormiston, his master; and ANN WHITE , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
PRICE pleaded GUILTY . Aged 30.— Confined Six Months.
WHITE pleaded GUILTY . Aged 27.— Confined Three Months.
GUILTY . Aged 54.— Confined One Week.
GUILTY . Aged 63.— Confined One Year.
915. MARY WOOD was indicted for stealing, on the 14th of february, 2 sheets, value 1l. 10s.; 2 gowns, value 8s.; 1 pillow-case, value 1s.; 2 shirts, value 12s.; and 1 shift, value 4s.; the goods of Benjamin Ellis, her master; to which she pleaded
GUILTY. Aged 34. —Recommended to mercy. — Confined Three Months.
JAMES SMITH . I am captain of the Red Rover, which was lying in the London Dock. The prisoner was a custom-house officer on board—I had some ale there, which came in casks—I never authorized the prisoner to take any of it—he had no right to do so.
Cross-examined by MR. PHILLIPS. Q. How many casks had there been? A. I do not know exactly—perhaps twenty, thirty, or forty—it was bottled, and placed in casks for the voyage—there is a steward and cook on board, they are not here—I gave directions for some of the ale to be unpacked, and put in the locker—the prisoner had a berth on board, about eight or ten feet from the locker—he had been on board about a month—he behaved very well—the ale k my own—I do not know that seamen dislike custom-house officers.
HENRY JOHN GODFREY . I am a watchman in the London Docks. About nine o'clock in the morning of the 3rd of March, I went on board the Red Rover, looked down the after-hatchway, and saw the prisoner and another man with this poker, break open a cask and take from it a bottle—I called out to him "Below"—he looked up, but made no answer—I went for Mr. Clements, my superior officer, and when we came back, the man on deck and the man who had been below were both gone, but the prisoner was there—we found three bottles in the prisoner's berth—we tasted this one—it contained ale—he made a rambling statement, we could get no direct answer from him.
Cross-examined. Q. What do you mean by a rambling statement? A. He asked Clements who he was, and what his. business was, and so on—it was neither the steward or cook that was with the prisoner—they were both strangers, and did not belong to the ship—they were dressed like seamen—there are seven belonging to the ship, but there was no one on board but the prisoner and those two men.
JOHN CLEMENTS . On Sunday morning I went on board the Red Rover, and saw the prisoner in the steerage—I asked if he had the charge of the ship—he said he had—there was then no one belonging to the crew on board—Godfrey pointed out a cask—the head was then secure, but there were marks of violence on it a if it had been broken—I said to the prisoner, "The watchman charges you with breaking open this cask"—he made no direct answer—he did not appear sober—he invited me to search his cabin, which I did, and underneath, his bed I found one entire bottle, and in a corner of the cabin I found this bottle full of ale, with the neck broken off—the remaining part of the neck was on the floor—he said he did not know how it came there, he knew nothing about them—on taking off the head of the cask, I found a vacancy of one bottle—there were three short in the whole.
Prisoner. I called your attention to it, and said, "You come and examine this berth, I have not slept in it for the last three weeks, as Captain
Smith let me sleep in the cuddy"—there had been carpenters, joiners, and plumbers on board, and the cook told me he put one bottle of ale in there.
Cross-examined. Q. Was that place open to the entire crew? A. No—the prisoner had the key of it—when I first saw it, the door was open, and the prisoner inside—the bottle was not locked up, but standing, so that any body could have seen it—it is a very dark cabin—it was in a corner, but not concealed.
NOT GUILTY .
917. THOMAS BUCKLE was indicted for stealing, on the 15th of February, 18 lbs. weight of fat, value 7s., the goods of George Kidner, his master; and CHARLES SMITH , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
GEORGE KIDNER . I am a butcher, and live in Bedford-street, Red Lion-street—Buckle was my foreman—I know Smith by sight. On the 15th of February, between seven and eight o'clock, I sent Buckle with a sack of fat) to a Mr. Smith's, a tallow-chandler—I afterwards received information from a policeman, and saw the prisoners, and a quantity of fat at the station-house—I asked Smith who gave it him—he pointed to Buckle, and said, "Him"—I asked Buckle whose it was—he said it was mine, and he had given it out of my sack—I do not know what quantity of fat I sent.
Cross-examined by MR. DOANE. Q. You do not pretend to swear to this fat? A. No—I had a good character with Buckle.
JOHN ROACH (police-constable D 116.) I was on duty at half-past seven o'clock, on the 15th of February—Smith passed me, and turned down Chandos-street—I followed, and asked what he had got under his arm—he said, "Some fat"—I asked where be was going—he said, "To Chesterfield-street"—I asked what number—he said he did not know—I asked where he came from—he said, "From Holborn"—I asked what part of Holborn—he said, "Red Lion-street"—I asked what number—he said he did not know—I took him to the station-house—as I was passing by the cell door, after he was locked up, he was crying, and said, "What will become of me?"—I said, "If you are innocent you will get the benefit of it, but if you are guilty. worse will become of it"—he said, "I am innocent; it was given to me by a foreman, Darned Thomas, belonging to Mr. Kidner"—I said, "Where does Mr. Kidner live?"—he said, "In Red Lion-street"—I found out Mr. Kidner, and told him—I heard him ask Buckle as he was shutting up the shop, if he knew a man named Smith—he said he did not—he said, "Did you give away any of my fat?"—he said he did not—he said, "It appears you have, and I give you in charge"—we went to the station-house, and Mr. Kidner asked Smith who gave him the fat (which was then on the table)—Smith pointed to Buckle, and said, "He gave it me"—Mr. Kidner said to Buckle, "Did you do so?"—he said he did.
(Buckle received a good character.)
BUCKLEY- GUILTY. Aged 26.—Recommended to mercy. — Confined Three Months.
SMITH— NOT GUILTY .
Court-road. On the 14th of February, between eight and nine o'clock, the prisoner came to try on some boots—I showed her two or three pain—she said they would not fit her—she said if she had the shoehorn she could get the last pair on—while I was getting the horn I saw her place one pair under her arm—she then pointed to another pair—while I was getting them she put the other boots under her clothes—she returned the last pair I had given her, and said they would not do—I then said she had another pair—she said she had not, that she had given them to my little girl, who had hung them up—I sent for an officer, who found them on her.
(Property produced and sworn to.)
GUILTY .* Aged 20.— Transported for Seven Years.
MART MASSEY . I am the wife of Richard Massey—we keep a shop in Cleveland-street, Marylebone. On the 12th of February, about three o'clock, as I was in the parlour I saw the prisoner behind the counter with his right hand in the till—I saw him take some silver out, and put it into his pocket—I went to the door to call a neighbour, and then saw him patting the silver back into the till—I said, "I have been long looking for you, I have caught you at last"—I sent for a policeman, who found 6 1/2 d. on him—I had examined the money before I went into the parlour, and there were two shillings, two sixpences, and two fourpenny pieces—I looked at it when the policeman came in(and two shillings and two sixpences were gone.
HENRY FOWLER (police-constable E 111.) I was sent for, and saw the, prisoner standing behind the counter with the till drawn out—I asked him. what he was doing there—he laughed—I asked him what money he had taken from the till—he gave me 6d. and a halfpenny from his pocket, and said, "I have taken this from the till."
GUILTY . Aged 8.— Transported for Seven Years.—Isle of Wight.
JOHN JUDEN . I am a miller, and live in Bartlett's-court, Finsbury market. On the 14th of January, about a quarter to twelve o'clock at night, I was in Union-street, and saw the prisoner—she asked me to give her something to drink—I said no, I was going home—I walked a, little way—she terribly wanted me to give her something to drink—we went to a public-house, and had a glass of gin-and-water—she said she knew I could get a bed at No. 8, Rose-lane—I went there—I had 5 crowns, 16 half-crowns, some sixpences, and one fourpenny piece about me in a purse—I asked the landlady how much the bed would be—she said 8d.—I gave her two fourpenny pieces—I went to bed, and fell asleep—about half-past three o'clock I thought I beard some one going down stairs—I got out of bed, and found the room door open—I heard some, one unlock the street door before I could get down—the prisoner: was gone, and the corner of the handkerchief round my neck, in which my money and purse was tied, was cut off—the prisoner had been in the room when
I put it there—I went down, and told a policeman—I did not see her again till the 14th of February, when she was standing at the bar of a public-house in Widegate-alley—I said, "You are the person that robbed me"—she said she knew nothing about it—I am sure she is the person—the purse and money have not been found.
CAROLINE POWELL . I keep the lodging-house, No. 8, Rose-lane. I remember the prisoner and prosecutor coming there on the night of the 14th of January—he paid me 8d.—I am sure the prisoner is the person—she had been there before—I have kept the house about twelve or fourteen years.
Prisoner's Defence. I never saw him before.
GUILTY .* Aged 28.— Confined One Year.
EDWARD COLSILL EDLIN . I live in New Bond-street. On the morning of the 11th of February, between twelve and one o'clock, I was in Holborn—I received information from Mr. Gibbs—I turned round, and saw him holding the prisoner by the collar—part of my handkerchief was in the prisoner's pocket, and part out—I had had it safe in my great-coat pocket a few minutes before.
JOSEPH GIBBS . I am a porter to the Birmingham Railway Company I was going up Holborn on the 11th of February, and saw the prisoner take the handkerchief from the prosecutor's pocket—I took him, and told the prosecutor.
Prisoner. Two or three more boys took the handkerchief, and threw it down—I took it up, and was going to give it to the gentleman. Witness. I saw him take it out of the prosecutor's pocket and put it into his own.
GUILTY .* Aged 14.— Confined Three Months.
CRAWLEY BRITNELL . I am shopman to William Buckstin, a butcher in Exmouth-street. On the 18th of February, about a quarter-past eight o'clock in the evening, I missed St. s. of pork from the window-board out-side the shop—the prisoners were brought to me with the pork, and I gate them in charge.
JOHN BIRD . I live in Exmouth-street, nearly opposite the prosecutor's—I was standing at my door about eight o'clock that evening, and saw the two prisoners—I was watching them about half an hour—they were talking together as if acquainted—I saw Conner go near the shop, and Stacey look over his shoulder—Conner took this piece of pork, and walked away—Stacey walked after him—I went and laid hold of Stacey, and my young man took Conner with the pork, and brought them back.
(Property produced, and sworn to.)
Conner's Defence. I did not have the pork, I was not with this boy.
Stacey's Defence. I was coming down from the Angel, and this man laid hold of me, and soon after this boy was brought back.
CONNER— GUILTY . Aged 15.— Confined Six Months.
STACEY*— GUILTY . Aged 21.— Transported for Seven Years.
MARY PARKER . On the 24th of December, about two o'clock, I was in Sullivan's room—the prisoner came and said, John Sullivan had sent him for his coat—he took the coat off the peg, folded it up, and put it into a handkerchief—I said, John Sullivan said he would bring the goose, and press it out—he said there was no convenience for pressing it out there, he would take it, and do it—he took it away.
GUILTY . Aged 50.— Confined Three Months.
924. JOHN PADBURY was indicted for stealing, on the 15th of February, 2 pewter pots, value 2s., the goods of John Howard: 1 pewter pot, value 1s. 6d., the goods of Evan Jones; and 1 pewter pot, value 1s., the goods of Richard Nathaniel Turk.
GEORGE MARCH (police-constable J 78.) About half-past five o'clock on the 15th of February, I was on duty in King-street, Seven Dials, and saw the prisoner and another go by—I followed them—the prisoner saw me and threw down a bag which he had, and ran away—I caught him in Smart's-buildings—the bag had these pots in it.
Prisoner's Defence. I found the pots, and was going to take them to the watch-house.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Three Months.
PETER LAWSON . I am a shoemaker, and live in Bell-alley, Goswell-street. On the 2nd of March, the prisoner came to me before I was up in the morning, one of my family let him in-r—I knew him before—I asked
him to light the fire—when I came down he was gone, and three pairs of shoes also—I found him in Fleet-street—one pair was in his pocket—the other two he said he had sold, one in Saffron-hill, and the other in Lower White Cross-street—I went to those places and found them—these are them—(lookinq at them.)
GUILTY . Aged 28.— Confined Three Months.
THOMAS BOUCHER . I am a journeyman painter. On the 8th of February I was at a workshop, in Nottingham-place, Shoreditch—I left my brash there at two o'clock—about twenty minutes before five o'clock I was going down a street, about fifty yards from the shop, and met the prisoner with the brush in his hand—I knew it, but did not like to accuse the prisoner till I went to my workshop—I then missed it—I went and took him—he said he had bought it for twopence of a lad at the end of the place—he was carrying it quite openly, and shaking the water out of it—I had left it in water—the workshop was open, and he could have gone in.
Prisoner's Defence. I met a man in Percy-yard with the brush—he wanted 4 1/2 d. for it, I gave him twopence.
NOT GUILTY .
JOHN DUNSFORD . I keep the Prince Regent, in Salmon's-lane, Lime-house. About half-past nine o'clock, on the morning of the 12th of February, I was called by Bryan—I ran out, and saw the prisoner running down the lane—he had these four quart and two pint pots in his apron—I ran after him, for half or a quarter of a mile, came up to him, and said they were mine, and he ought to be ashamed of himself for taking them from my barrow, at the front of my house—my boy had left them while be knocked at two or three other doors—I gave the prisoner in charge.
Prisoner. After I took the pots, that man lost sight of me.
GUILTY . Aged 32.— Confined Three Months.
ELIZA ESTHER ANN HAWKINS . I lived in Compton-street, Soho, with Mr. and Mrs. Segrave. I am not married, hut live with a person named Benjamin Hawkins, as his wife—I have known the prisoner between seven and eight months—on the 6th of February, about half-past ten o'clock at night, I met him at the Crown and Anchor—we drank together—I changed a sovereign to pay for a glass of rum and water, and got six half-crowns, and three shillings change, which I put into my bag—I do not know exactly at what time we left, but the prisoner told me he had leave till twelve o'clock, and I think it must have been nearly twelve o'clock—in crossing some square, from there to my own house, he persuaded me to go to another public-house to have some other liquor—I do not know the name of it, it is kept by a person named Kendrick—we had a glass of rum
and water there—I cannot say who paid for it—I was sober—my bag was placed on the table, during this time, with the money in it, and two letters, on? from a physician, and one from my mother at Bath, and a pocket handkerchief, which he had lent me in the evening—on leaving, I took the bag up, and found it completely empty.
Cross-examined by MR. PHILLIPS. Q. What is your name? A. Eliza Esther Ann Gibbons—I have been living with Hawkins three years, and have passed by his name—it is not known to my mother or my friends but that I am his wife—I gave the name of Hawkins before the Magistrate, being so generally known by that name it was the first that entered my thoughts—I do not know that I swore I was his wife—Hawkins left me on the 22nd of June—I have not been in the habit of giving the prisoner money to keep—I never gave him any—I never said I did—I paid for what he drank at times—I have gone to the barracks, but never, after the prisoner—he was not very sober when I first saw him—it was not what he had to drink while I was with him that would have made him tipsy—I do not know whether he was tipsy—he lent me his handkerchief about half-past six o'clock—I do not know where—it was at a public-house—it was four o'clock when I first met him, and at six o'clock left him—it was then he lent it to me—I took it by his permission—I told the Magistrate I was the wife of Mr. Hawkins, a grocer in London—that was after I had kissed the book, but I did not understand it, never having been in a Court before—the prisoner appeared to be tipsy after the policeman took him, but not before—when I first accused him, he appeared perfectly sensible, and said he had not taken the bag—he had four glasses of ram-and-water while with me, but he sent for Corporal Morris off guard, and it was drank by three persons—I think he had-three pints of beer besides—I was twice in his company that day—I had not seen him for a month or five weeks before—I used to see him much oftener—I was not at all jealous of him—I inquired at the barracks for a man of the name of Halford, I think—I had not been in the habit of going there—I never should have gone there, but I was taken by a lodger in the house—I never went there to stay—I never went to inquire for Halford but once.—I have been in his company two or three times—I have been as intimate with him as I could be.
REED BENTON . I am a waiter at the Crown and Anchor, in Clarence-street, Regent's-park. On the evening of the 16th of February I saw the prisoner and prosecutrix there—I served them with a glass of rum-and-water—the prosecutrix gave me a sovereign, and I gave her 19s. 6d., change—I do not recollect in what coin.
WILLIAM MOODY (police-sergeant S 8.) I was on duty at the station-house at twenty-five minutes to three o'clock in the morning, and took the prisoner in charge—he said he had nothing about him except a handkerchief—I requested Edmunds to search him, and he found six half-crown a, 4 shillings, 4 sixpences, and 3 3/4 d. in copper, in his breeches pocket—the handkerchief he took from his cap himself—he was very drunk indeed.
Cross-examined. Q. Were there any letters found on him? A. No—be was accurately searched.
were standing together, and she was crying—the prisoner was very drunk—he denied it, and said he had no property about him but this handkerchief, which he drew from his bosom—I took him to the station-house, and found six half-crowns, four shillings, and four sixpences on him.
Cross-examined. Q. Did he not say something? A. When he was down in the cell be said he had rather be shot. than taken to the station-house.
(The prisoner's Colonel, and several of his regiment, gave him a most excellent character.)
NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
929. JOHN BURRELL was indicted for stealing, on the 17th of February, 1 handkerchief, value 3s. 6d., the goods of Richard Field, from his person.—2nd COUNT, stating it to be from the person of a man unknown; to which he pleaded
GUILTY .* Aged 19.— Transported for Ten Years.
930. JOHN WIGLEY was indicted for stealing, on the 16th of february, 2lbs. weight of leaden pipe, value 6d.; and 1 metal cock, value 1s.; the goods of Michael Sloman; and then being fixed to a certain building; to which he pleaded
GUILTY . Aged 20.— Transported for Seven Years.
931. THOMAS REYNOLDS was indicted for stealing, on the 1st of March, 2 baskets, value 10s.; and 37 loaves of bread, value 15s.; the goods of Samuel Walsh; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 26.— Transported for Seven Years.
932. ABRAHAM MESSENT was indicted for embezzling, on the 19th of September, 10s.; on the 19th of February, 1s. 6d.; and, on the 21st of February, 9d.; which he had received on account of Frederick Sodan, his master; to which be pleaded
GUILTY . Aged 25.— Confined Six Months.
933. WILLIAM YOUNG was indicted for stealing, on the 5th of February, 20 yards of printed cotton, value 10s.; the goods of William Booker; and that he had been before convicted of felony; to which he pleaded.
GUILTY . Aged 23.— Confined Six Months.
MR. PRICE conducted the Prosecution.
HENRY BURRELL . I am parish clerk of Christ Church. I have the register of marriages of that parish, which states that "John Scriven, of this parish, bachelor, and Mary Ann Byford, of the same parish, spinster, were married on the 9th of October, 1814, by me. Samuel Crowther's. Signed by John Scriven and Mary Ann Byford, in the presence of John Knight and Ann Reeves"—Knight was the clerk, whom I succeeded—Reeves is the sextoness, and is alive, but she is blind—this is Mr. Crowther's writing.
Cross-examined by MR. BODKIN. Q. Did you know Knight? A. Yes, for ten years before he died.
THOMAS REED . I am messenger of Marylebone parish. I know the prisoner perfectly well—I had a warrant, and apprehended him for deserting his wife and child fourteen or fifteen years ago—he did not object to the proceedings—his wife identified him, and he went with me very quietly—I took him and his wife over to Bermondsey parish, to which they belonged—I do not know any thing about that child now, but I saw his wife yesterday.
ESTHER ANN MILLS . I live in Fenloy-street, Bermnondsey—I am the widow of Alexander Mills. I have known the prisoner these thirty years, and know his wife—they were my lodgers—they had a child born in my house—I did not know his wife before they were married—her father and mother-in-law lived at Barnet—the prisoner and his wife lived with me two years and a half—their child is in her twenty-second year—she left me five or six years ago—she maintained herself—the parish of Bermondsey allowed her something, which was paid by her father, who came to see her when it suited him—I brought her up, and when she was seventeen she went to a situation—her father saw her after that, and her mother saw her frequently—her father and mother have met together by chance—when the prisoner saw his daughter, he generally said, "When did you see my wife?"
Cross-examined. Q. How old are you? A. Sixteen next July—I am the prosecutrix's daughter—I was asked about the handwriting, and I said it was his before the Magistrate—I have been shown his writing, and I have some writing which I saw him write; and from looking at that and at this, I believe them to be written by the same person—no one told me to look at his writing—I did it out of my own head.
RICHARD COOLING . I was present at the marriage of the prisoner with Harriet Johnson, on the 30th of November, 1834—I was a witness to it—I saw the prisoner sign his name in the book, at St. James's, Westminster—I believe this signature to this marriage register at Christ Church to be his—I have not a doubt of it.
Cross-examined. Q. You saw him sign his name once? A. Yes—that is all, and from comparing the one with the other I have no doubt this is his.
NOT GUILTY .
JOSEPH HENRY ELLIS . I am a boot-maker. On the 12th of February, about nine o'clock in the evening, I was in Jerusalem-passage, and saw the two prisoners—I saw Chestney take a pocket-handkerchief from a gentleman's pocket, and put his hand behind his back towards the other prisoner, who was close to him—I took the handkerchief from him—I took the prisoners, and met an officer, and gave them in charge.
JURY. Q. Had you seen them together previously? A. No, but they
were close together, and I am certain Haswell would have taken it if he had had an opportunity.
Haswell's Defence. I was looking after a situation—this prisoner, my brother-in-law, came with me, and we were coming through the passage—I stopped, land he went on before me—I was four yards from him at the time—I came up, seeing a mob, and a gentleman laid hold on me.
CHESTNEY— GUILTY . Aged 13.
HASWELL— GUILTY . Aged 15.
Whipped and Discharged.
CHARLES HOOD . I live with Mrs. Martha Lamb, and another, pawnbrokers in Stanhope-street, St. Clement Danes. On the 15th of February, about three o'clock, I was in the shop, and heard something pulled down—I went out—a person opposite told me something—I went to the end of the street, up another street—I there found the prisoner, with these shawls, which are my employers', under his arm.
Cross-examined by MR. BODKIN. Q. These were exposed outside the house? A. Yes, on the door-post—it is a corner shop—the prisoner said he picked them up.
GUILTY . Aged 18.— Confined Fourteen Days.
(The prisoner's father promised to provide for him.)
SARAH JONES . I am the wife of William Jones—he has one partner—they keep a shoe warehouse in Crawford-street—the prisoner was my servant for two months—on the 12th of February she was going out, and I thought she looked rather stout—I stopped her, and found these boots in her pocket, which are ours—I asked her where she got them—she said, "Out of the ware-room."
GUILTY . Aged 17.— Transported for Seven Years.
938. MARGARET HUBBARD and MARGARET HAYES were indicted for stealing, on the 12th of February, 1 pair of boots, value 4s., the goods of John Aaron: and that Hubbard had been before convicted of felony.
JOHN LOADER . I am assistant to Mr. John Aaron, a salesman, in Whitechapel-road. On the 12th of February, between seven and eight o'clock in the evening, the prisoners came to the shop—Hayes began pulling some candlesticks about—I was busy with another customer, and
Hubbard went off with these boots—I detained Hayes in the shop, and pursued and took Hubbard with the boots.
Hubbard. I took them from mere distress.
HUBBARD— GUILTY . Aged 54.— Confined Eighteen Months.
HAYES— NOT GUILTY .
939. CHARLES MINGUARD was indicted for stealing, on the 13th of February, 3 half-crowns, 8 shillings, and 5 sixpences, the goods of Elizabeth Robinson; and that he had been before convicted of felony.
ANN ROBINSON . I am the daughter of Elizabeth Robinson, who keeps a cook's-shop in Brill-row, Somer's Town. The prisoner came on Wednesday, the 13th of February, and called for a quarter of a pound of beef, and 4d. worth of potatoes—I served him—he went into one of the boxes—during that time we went to have our dinner—I heard a noise in the shop, and the prisoner got up and said, "Mrs. Robinson, I am going"—he went out—we had seen him there before—my mother said to me, "Have you taken the money?"—I said, "No"—we missed the money from a small bowl from the dresser behind the counter—I had seen it there just before, and no one had been there but the prisoner—we lost three half-crowns, eight shillings, and five sixpences—the whole was gone—we have never seen it since—we took the prisoner on the Saturday following—he was not to be found sooner.
WYNN ROGERS (police-constable S 151.) I received notice of this on Wednesday, the 18th of February—I found the prisoner on the Saturday after at his father's house—I found his dress was altered from what it had been on the Tuesday, when I had seen him with old torn clothes, and on the Saturday he had got another suit of clothes altogether—he said he had bought them in Petticoat-lane on the Thursday morning—I asked him where he got the money—he said he was out bone-picking, and had picked up the money at the back of some houses.
Prisoner. When Mrs. Robinson was at Marylebone office, she said it was twenty-three.
GUILTY . Aged 14.— Transported for Seven Years.
ANN JAMES . I am the wife of John James; he keeps a shoemaker's shop in Spread Eagle-street On the 18th of. February the prisoner came into the shop, with another woman, who asked for a halfpennyworth of nails—I served them—I turned, and thought I saw the prisoner put some thing under her shawl—when they were gone, I looked in the window, and missed a pair of boots—I ran after the prisoner, who had got eight or ten yards off—I asked her for them—she said she had not got them, or if she had, the child must have taken them—(she had a child in her arms)—they dropped down in the street, almost close to the prisoner.
Cross-examined by MR. PAYNE. Q. Where was the other woman when you stopped the prisoner? A. Close to her—I was so much flurried, that I cannot tell who they dropped from.
NOT GUILTY .
ALEXANDER HOFFMEISTER . I am a baker, and live on Great Saffron-hill. The prisoner had been my journeyman for three years—he went to bed a few minutes after twelve o'clock on Monday night, the 25th of February—it was customary for him to call me about three o'clock in the morning, but he did not do so—I went down, between four and five o'clock, and he was gone—I found a brandy-bottle empty—I found that the counter had been cut, and the till taken out—the till was then empty, and about ten shillings' worth of copper, which had been in it, was gone—I went with the policeman, and found the prisoner in bed, in about twenty minutes—the policeman showed this one farthing to me, which is one that I had in my till the day before—I know it, because I gave it to a person, and it was returned as being a bad one.
WILLIAM ADAMS (police-constable G 184.) I found the prisoner in bed with a prostitute, at a house in West-street—I found this farthing in his coat-pocket, and 3s. in silver, and 2s. 3 3/4 d. in copper on him.
Prisoner. I was very much intoxicated, and did not know what I was doing.
GUILTY. Aged 36. Recommended to mercy by the Prosecutor.
Confined Three Months.
GREGORY pleaded GUILTY . Aged 16.— Confined Three Months.
ALFRED PHILP . I am a baker, and live at Harlington. I went out with bread on the 2nd of March, and left my barrow for about three minutes while I went into a customer's—when I came out I missed five two pound loaves and a sack—I saw the prisoners run away, and Gregory threw the sack and one loaf away—Collins was carrying some loaves in his smock-frock—he was taken two or three hours after—I had known him before.
Collins. I had no bread at all—I was not with this chap at all. Witness. Yes he was—he was not three yards from my barrow when I first saw him.
WILLIAM LAWRENCE . I am a horse-patrol. On the 2nd of March I received information that Collins had stolen some bread—I galloped after him—he got into a shrubbery—I got off my horse, followed, and took him.
COLLINS— GUILTY .* Aged 16.— Transported for Seven Years.
ELIZABETH ANSELLE . I am servant to Mr. James Brown, "of Porter-street, Long Acre—the prisoner was his servant. On the 4th of February she was sent to pay Mr. Brown's club money to the secretary, in Tottenham Court-road—I gave her 12s. 2d., in one half-sovereign, two shillings, and four halfpence—she never came back—I never saw her till the Saturday morning following, when she was in custody.
Prisoner. She gave me the 12s. 2d.—I put it in my bosom, and lost it with some money of my own—I offered to make it up—they would not take it.
GUILTY . Aged 23.— Confined Three Months.
OLD COURT.—Thursday, March 9th, 1839.
First Jury, before Mr. Sergeant Arabin.
944. WILLIAM KINDERSGATE, alias Richardson, was indicted for feloniously uttering a counterfeit half-crown, well knowing it to be counterfeit; and that he had been previously convicted of uttering base coin; to which he pleaded
GUILTY . Aged 22.— Transported for Seven Years.
GUILTY . Aged 58.— Confined Six Months.
GEORGE JOHN LOVEDEN . I am clerk to Mr. Edwards, an ironmonger, in Poland-street, Oxford-street. On Saturday, the 17th of February, I had walked a great distance collecting my accounts, and between twelve and one o'clock on Sunday morning I walked from Turnham-green—and passing through Kensington the prisoner accosted me, saying she was drunk, and would I have the goodness to take care of her to Westminster—I said, "My good woman, I have quite as much as I can do to take care of myself, I am exceedingly tired, you had better pass on"—she kept near me, and I crossed the road—she followed me, and kept by my side—I crossed again—she kept staggering as if in liquor, but she did not annoy me—we passed a policeman, and a few yards beyond him she fell, catching hold of some wooden palings—I drew my right hand out of my pocket, and lifted her up from the dirt, and I suppose at that moment my money was taken out of my right-hand pocket—after picking her up I said, "You had better go on, I shall have nothing more to do with you if you fall again"—I put my hand into each trowsers' pocket, having money in both, and missed a five-shilling piece—I said, "Before you go further, I charge you with robbing me"—I found by feeling my money that I must have lost
either two sovereigns or two shillings as well—I called a policeman, and charged her with robbing me of 2l. 5s.—I asked the policeman to lend me the lantern to see if I had drawn my money out of my pocket when I took my hand out to lift her up—I went to the spot with the lantern, and picked up 1s.—I then gave her in charge for robbing me of 1l. 5s.—at the station-house she produced a five-shilling piece from her bosom, and presented it, saying, "That is all the money I have got of his"—she went to make a catch at me with both hands extended, and at that moment dropped a sovereign—her hand must have been in my pocket as I lifted her up, but I did not feel it.
Prisoner. He dropped the sovereign himself when I went to strike him—all I had of his was 5s.—he said if I would give up the money he would not take me to the station-house—I said I would not till I got there.
THOMAS PRICE . I am a policeman. I saw the prosecutor and prisoner pass me, and about fifty yards further on, I heard the prosecutor say, "If you do not give me my money, I will give you in charge"—I followed them about fifty yards further, and heard her say, "I have got no money"—he said, "I will give you in charge"—he asked me to lend him my lantern as we went along, saying, perhaps as he took his hand out to pick her up, he might have dropped the money; and there he found a shilling—I took her to the station-house—she produced 5s., and said, "This is all I have of his," and as she was making a blow at him, I saw the sovereign drop from her hand—when I first took her she denied having any money at all—she was the worse for liquor, but I fancied it was a good deal feigned.
Prisoner's Defence. I consider the 5s. was mine, he gave it to me; but because I would not go to Westminster with him, he wanted it back.
GUILTY . Aged 21.— Transported for Ten Years.
JAMES CATHIE . I live in East-street, Manchester-square. On the 15th of February, about one o'clock, I was in Oxford-street, and saw the prisoner take a piece of bacon from the shop of Mr. Clark, and run away—I took hold of him and asked what he had under his coat, and he gave me this globe and kaleidescope from. under his coat, and said a boy gave them to him—I took him to the station-house, and the policeman found the owner.
JOHN HAMILTON . I live with Charles Danielli in Oxford-street. I know this globe and kaleidescope to be his—I have the top part of the globe with me—it was against a glass case inside the door—the kaleidescope was outside—I did not miss them till the policeman brought them.
Prisoner's Defence. As I was walking along, a boy put these things into my cap.
GUILTY .* Aged 13.— Transported for Seven Years.
take the meat from Mr. Goodwin's shop window, And walk away—I followed, stopped him, and asked what he had got—he said he had got nothing—I took the meat from him—he said, I knew him very well, and if I would make it right with him, he would make it right with me.
GUILTY. Aged 48.—Recommended to mercy. — Confined Seven Days.
WILLIAM COX . I drive a cab. On the 14th of February, about ten minutes to one o'clock in the night, I was in Co vent-garden, riding on the top of my cab—my coat was inside—It was a box-cab, with a door behind—I saw the prisoner walking away from behind the cab—I got down, went after him, got up to him about twenty yards off, and said, "That is my coat"—he had it on his arm—he said, "No, it is not"—I said, "It is," and then he gave it to me, and ran away—I hallooed, "Stop thief," and he was secured—this is my coat—(looking at it.)
Prisoner. I picked it up in the street—did it not drop out of the cab? Witness. I cannot say, but I know I put it into the cab, and saw him go away from behind the cab with it—he was three yards from the door when I first saw him.
FREDERICK JOHN JOHNSON . I was in the market, and heard a cry of "Stop thief"—I saw the prisoner running towards me—he saw me going towards him, and then turned round, but I followed and took him in Henrietta-street.
Prisoner's Defence. In crossing the street I picked up the coat—when the prosecutor came up and said it was his, I said it was not, but when at said it was his again, I gave it to him.
GUILTY . Aged 20.— Confined Six Months.
Before Mr. Justice Vaughan.
MR. PAYNE conducted the Prosecution.
JOHN M'LEAN . On Saturday night, the 16th of February, about half-past ten o'clock, I was walking with my wife in Hackney-road (which is a great thoroughfare) going to market—it was a dark night—we were going towards Cotton-gardens, which are opposite my house—we were crossing the road, and when we were within about ten feet of the curb-stone, I heard the report of a gun or pistol out of Cotton-gardens, and my wife fell down, and cried out that her leg was broken—I went to lift her up, and found the blood flowing from her—I took her into my own house with assistance—two surgeons came, and from their recommendation she was taken to the London Hospital within twenty minutes of this happening—she remained there till Thursday, at eleven o'clock, and then died—her name was Bridget.
Cross-examined by MR. CLARKSON. Q. Were you in the middle of the road when she received the wound? A. Rather nearer the curb than the middle—we were right opposite the court leading to Cotton-gardens.
ELIZA FOULKES . On the 16th of February I was in Hackney-road, going for some porter—when I came towards the end of the court I saw the flash of fire-arms—it appeared to me to be towards the road—I know
where the prisoner lives—it came in a direction from his garden—I saw the woman lying in the road.
Cross-examined. Q. The prisoner lives at No. 4, Cotton-gardens, on the left-hand side, as you go in from the road through the passage? A. Yes—there is a footpath, which goes right through the gardens—I think the shot must have rebounded from something before it struck the woman—if it had been in a direct line of the fire it must have struck one of the walls of the court—if he had stood in the passage he could have fired straight out of the court, but where I saw the flash he could not, unless the ball rebounded.
TIMOTHY TOOMY (police-constable H 89.) I was on duty in Hackney. road, on the 16th of February—in consequence of information I went to No. 4, Cotton-gardens, and knocked at the door, the prisoner opened it—I asked him if he had fired off a gun or pistol that night—he said, "No"—I then asked if he had any in the house, he said, "Yes," and called to his younger brother up stairs, who brought down this gun—I asked him to show it me, which he did, and it smelt of powder very strongly, as if recently discharged—I went away for four or five minutes, returned, left him in care of my brother officer, went up stairs, and then found the gun had been put behind the bed—I found some powder and shot there—on the Monday following he was brought to Worship-street office—Mr. Broughton cautioned him not to say any thing, unless he liked, as it would be brought against him—I believe this to be Mr. Broughton's handwriting—this was taken at the time the prisoner was examined—(read)—"The prisoner says, I stood in my own garden when I fired it off—I fired at a cat—it was the first time I ever fired it off with a ball—I am very sorry for what I have done."
Cross-examined. Were you desired by the Coroner's Jury to make any communication from them to his Lordship? A. Yes—the foreman said he could do nothing there, but hoped we should recommend the prisoner to mercy, on account of his youth.
ALFRED HAMILTON . T am an assistant-surgeon at the London Hospital. The deceased was brought there on Saturday night, the 16th—I examined her thigh and found a wound—she died on the following Thursday—I made a post mortem examination next day—I found the thigh bone shattered, and extracted a bullet—in my judgment her death was caused by the injury she received—she was about sixty years old—the ball had penetrated the thigh.
COURT. Q. Do you think it could be done by a ball fired at any thing else, and recoiling? A. That is a matter of opinion—the ball was flattened, but the bone of the leg would have done that, as much as it was flattened.
(The prisoner received an excellent character.)
GUILTY. Aged 19.—Strongly recommended to mercy.
Confined Two Months.
Before Mr. Justice Williams.
951. JEREMIAH CADOGAN was indicted for unlawfully, maliciously, and feloniously assaulting John Wilson, on the 8th of February, and stabbing, cutting, and wounding him upon his left breast, with intent to murder him.—2nd COUNT, stating his intent to be to maim and disable him.—3rd COUNT, to do him some grievous bodily harm.
JOHN WILSON . I am a seaman; the prisoner it the same. I never knew him till the 7th of February, when I saw him on board a ship at St. Katharine's Dock, but had no words with him at all—on the 8th of February, after eight o'clock in the evening, I went to the Anchor and Hope, East Smith-field, with Bartlett, a shipmate, up to a back room—the prisoner was standing in the archway with another seaman, and as I passed them to go into the room, the other seaman told roe to mind how I passed by, or I might get the skirt of my coat cut off—(I had a frock coat on—frock coats are unusual for sailors)—I told him I did not think he would do it, or any body else—I was passing on, and he and his companion began to quarrel about cutting my coat off—I did not hear what they said—I told them to behave themselves, and not quarrel, and I walked away from them; and just as I was going to leave them, the prisoner came and struck at me—I was in the room about three minutes—I was standing talking to a shipmate, and had no time to get any refreshment before the prisoner came up to me and struck me—I cannot recollect where, because as he came up, I pot myself in an attitude for defence—we had a bit of a row first in the passage—I struck him after he struck me, before I went into the room, there was a sort of fight between ns for two or three minutes before we got into the room; blows were exchanged on both sides—I then got from him, and went into the room; and as I was talking to a shipmate, he came up and struck me before I was aware of him, on the back of my neck—I then placed myself in a fighting attitude, and blows were exchanged between, us—about four others then overpowered me, and get me down among them—I got up again, and the prisoner was standing at the table, ready to fight with me again—I went towards him, and we both struck at once—I saw blood spirt right in my face, but I did not know where it came from—it was three or four minutes between my being thrown down, and the blood coming, for my shirt was torn to pieces, and I had to take it off before I went to him again—I did not see any thing in his hand—he was stooping down to the table when J went towards him, I could not see what for—I saw no knife, or any thing—after the blood spirted, a man came and told me I was stabbed, but I do not remember what passed afterwards, until I was down in the tap-room, and the doctor came to me—the prisoner had the advantage at first, but I believe, had I not been stabbed, I should have had the next advantage—I was struck by them all, and knocked down among them—I knew them to be his shipmates—I was hurt under my left shoulder—it is almost healed up now, and my health is good—the doctor stopped the blood.
Prisoner. I was in liquor, and do not recollect anything about it—I did not know the man was stabbed till the morning. Witness. I cannot say whether he was drunk, he did not appear to me so—I was not perfectly sober, but not in any way drunk—I had been at work the whole day—I had drank about two gills of whiskey during the day.
JOHN SMITH . I am a farrier. On the 8th of February, about eight o'clock in the evening, I was at the Hope and Anchor, in the room where this happened—the prisoner and prosecutor were both strangers to me—I was perfectly sober—the prisoner and his shipmates first came in, and had two pots of half-and-half—they had been drinking, but all appeared sober—I believe he had five shipmates with him—they drank the half-and-half, and were in the act of going out, when Wilson and his shipmate were coming up the passage, leading from the bar into the tap-room, where I
was—I heard a row in the passage, between the prisoner and Wilson, what about I cannot say—they were talking and fighting—I went into the passage, and saw the prisoner strike Wilson in the passage—the prisoner's shipmates were keeping him from fighting Wilson, who did not seem to want to fight at all—the prisoner ran into the tap-room, threw off his coat, and swore by Jesus Christ, "Where is he, let me get him, I will kill him"—Wilson was not in the attitude of fighting when he was struck—he was standing apart, not wishing to fight at all, his hands were down by hit side—Wilson then came into the tap-room, with some of the prisoner's shipmates, to have refreshment—the prisoner ran to him, and struck him again—Wilson turned round in his own defence, and struck at the prisoner, but did not hit him, as he stood a little way from him—they sparred, and Wilson was knocked down several times by the prisoner—Wilson was defending himself then as well as he could—he was knocked down by the blows of the prisoner alone—Wilson was stripped—he had nothing but his shirt on, and the wrist was doubled over his hands—he pulled his shirt off after that, and the prisoner was standing by the table, as if he was feeling for something—Wilson went up, and struck the prisoner, who was stooping at the table—I cannot say where Wilson struck him, but he hit him, and the prisoner returned the blow with a knife in the left breast—I saw him draw the knife from a sheath at his side, and strike him on the left breast—he then threw the knife out of his hand on the floor, and resumed the fight with Wilson, as if nothing had happened—I immediately took up the knife, and showed it to the company, standing round the room—I ran to Wilson, and grasped his wound, where the blood was flowing from him in torrents—he did not know he was stabbed at first—he fought one round after he was stabbed, and was knocked down over a bench by somebody, I do not know who, but two more of the prisoner's shipmates were before the Magistrate, and discharged—I stopped the blood as well as I could—he told me he was not stabbed, chucked my hand away from the wound, and told me to let him go, that he was a dead man, that he should die by him—I told him he would recover—I took him down to the bar—Howard, the policeman, was coming up the passage, and I gave the knife to him—the blade was covered with blood, half way up—somebody went for a doctor, who refused to come—Mr. Gurney came in about a quarter of an hour—Wilson was in a very weak state—he seemed to know what was going on—I held the wound to stop the blood till Mr. Gurney came.
Prisoner. Q. Did you see roe have a knife? A. Yes; I saw you draw it from the sheath at your side—it hung by a belt at your side—you had not your coat on at the time—you threw your coat down in the tap-room—you were in your shirt-sleeves—you dropped the belt down behind the bench—you had the belt round your waist, round your trowsers, inside your coat—you had a pilot coat, which you threw off—Wilson had not a coat on—he came in in a red shirt, without any coat on—he had a waistcoat on.
Prisoner. The prosecutor said the quarrel was about his coat. Witness. I understand that happened on board ship before he came there—the prisoner had been drinking but knew perfectly well what he was about—Wilson appeared perfectly sober, and knew what he was about—the prisoner had the advantage during the fight, till the latter end.
the time—I asked Smith for a knife, which he gave me—it was all over blood, and wet at the time—I produce it—I have had it ever since—I went up into the tap-room, and took the prisoner—I told him he was my prisoner, and must go with me—he said, "Very well, I will go" and went very quietly—I got this belt and sheath from M'Donald—the prisoner had been drinking, but was not drunk—he knew what he was about—he walked very well.
ANGUS M'DONALD . I was in the room when this happened—I did not see any body draw a knife, nor see it in any body's hand till I saw it in the possession of Smith, after the prosecutor was stabbed—I picked up a belt and sheath on the opposite side of the room to where the prisoner stood, about three minutes after the prosecutor was stabbed—I had not observed whether the prisoner had such a belt on—I saw the prisoner strike Wilson a blow, and at that very instant a noise came as if water was gushing out—I looked at Wilson, and saw the blood coming from him—the prisoner resumed the fight as if nothing had happened—Wilson was standing in his own defence—I had observed the prisoner stooping and feeling about his trowsers with both hands, immediately before this blow was given—there was a meeting between them, and I heard the blood ooze like water—whether it was a knife or not I cannot tell—it must have been the blow I saw that caused the oozing of blood.
Prisoner. Q. Had Wilson a coat an when he came in? A. I did not see him enter the tap-room.
THOMAS CUMMINS . I am a policeman. I was with Howard, and took the prisoner to the station-house—several people accused him of stabbing the man on the road—he denied it, saying he had no knife, nor belt—this was both going along, and in the house too—he afterwards said he did not stab him, he knew who did stab him, and said, "I will be d—d if I will tell"—he had been drinking, but knew what he was about.
JOHN GURNEY . I am a surgeon. I was called into the Hope and Anchor, about half-past eight o'clock in the evening, and found the prosecutor—a good deal of bleeding had taken place from a wound about an inch and a half below the collar bone, between the first and second ribs—the wound was about two inches, extending obliquely upwards towards the wind pipe—it was about half an inch deep—I closed the wound, and stopped the blood—he was rather low and exhausted from the previous loss of blood—it was certainly a dangerous wound, as the upper lobe of the left lung was slightly injured—he expectorated blood—if it had been a little lower, and passed between the ribs, it would have penetrated the lungs and the large vessels of the heart, and death would have immediately followed"—this knife is an instrument likely to have done it—I have no doubt the blow was struck with force, from the nature of the wound—the man must have been in a stooping attitude at the time, which prevented it going further—the rib prevented it from entering further.
JAMES THOMPSON . I am a surgeon. I saw the wound—in my judgment, it was rather of a dangerous nature—it the knife had passed deeper or the pointed side downwards, it would have caused death instantly—he is nearly well now.
Prisoner's Defence. My shipmates and I came ashore, and drank all day together, as we were to sail next morning—I saw one of his shipmates, who had been with us to New York—he had left his clothes in our vessel, which I took care of, thinking he would come home in the next ship, and
he did—I did not have all his things right—there was a coat one of my shipmates had taken on the passage, which I did not know of, and when he came on board for his clothes, he asked if they were all right—I said, "Yes," I believed it was all correct—he said there was a bag of clothes besides his chest—I had not seen it, but I found the bag and his clothes with one of my shipmates, who it seems had cut about six inches off the coat tail to disguise it—I told the man to say nothing about it, as he had got his coat, and he said he would not—we came into the Anchor and Hope, and as we came in, Wilson was standing in the passage, and said, "I should like to see some of the crew that cut my coat tail"—I said, it was not me, "I am not the man that cut it," and then it commenced—it was the first scrape I was ever in—he struck me, or I should not have offered to strike him—I have suffered enough for my conduct since—if I had not been in liquor, I should have kept clear from fighting—directly I saw the knife, I knew it belonged to Reeve, a shipmate of mine, who was in the room at the time, but sailed in the ship next morning—one more of my shipmates was taken, and one of the prosecutor's shipmates—the ship sailed next morning, and left me destitute of every thing—I am an American and a stranger.
GUILTY on the 3rd Count. Aged 27.—Recommended to mercy by the Prosecutor. — Transported for Fifteen Years.
Before Mr. Justice Vaughan.
952. ERICK LONQUEST was indicted for feloniously assaulting Sarah Lonquest, on the 27th of February, and striking and wounding her on the left knee, with intent to maim and disable her.—2nd COUNT, stating his intent to be to do her some grievous bodily harm.
SARAH LONQUEST . I am the prisoner's wife—I have been married to him ten years and two months; he is a seafaring man—we have been living apart for four years—I have two children by him, one nine, and the other six years old. On Wednesday night, the 27th of February, between eight and nine o'clock, he came to my lodging, in Bluegate-fields, Shadwell, under the pretence of proposing to leave me his half-pay to take the two children out of the workhouse, and go to sea again—we stopped and talked together for about an hour—he then wished me to go out and drink with him—I went, and bad one glass of gin and water—I persuaded him, if he meant to do what he proposed, to go home and go to bed, as he had had sufficient, for he was very tipsy when he came to me—it was near upon between ten and eleven o'clock—he went back with me—I have only one room—as soon as he got into the room he began irritating his temper, and said he would not sleep with me for 5l.—I told him that was not the proposal he made when he came to me, and directly I said that, he up with his fist, and knocked me down on the floor, and kicked me on ray arm with his foot—it is quite black from the elbow to the shoulder—I got up, and he knocked me down again, and jumped upon me—I took hold of his collar to prevent his going out, and then he knocked me down the stairs—my head caught one corner of the stairs, and both feet caught in the bannisters—I called out for help, and the witness Sanders came to my assistance—she got my feet out of the bannisters, and I got up again—he knocked me down again against a room door, and the door came open—there was a mahogany chair standing within the door—he took it up, smashed it all to pieces, and with one piece hit
me over the knee, saying, with an oath, "I will do for you, but I will do what I can now"—I then lost my senses, and cannot remember more—Sanders went out to look for a policeman, and when she came back he was gone—I was conveyed to the London Infirmary next morning, and have been there ever since—there was a wound in the side of my knee that I could bury the first joint of my finger in—I have suffered a great deal of pain from it within the last few days, and have been confined to my bed—my knee was violently bruised, besides the hole.
SARAH SANDERS . I lodge in this house. A little before twelve o'clock at night I was in bed, and heard a noise up stairs—I took up a light, and gave it to the prosecutrix—(I sleep one pair of stairs below her)—they were in their own room—I saw the prisoner knock her down two or three times while I was standing there, and kick her on her arm with his foot—I got her up, and sat her down—her clothes were all torn off—whether it was done by him I do not know, but she had not a bit of clothes upon her—I returned to my own room—they came down stairs, and he knocked her down, and burst my room door open—I got out of bed, got her up, and went in-doors again—he kicked her down stairs—I came out again, and eased her foot out of the bannisters—the chair was broken while I was gone for the policeman—just as I was coming back I met the prisoner going to get a policeman himself—I found the prosecutrix in the passage, without a bit of clothes on her—I took her up stairs, and put her to bed, and saw where her knee was cut with the piece of chair—it was bleeding so much I could hardly see what was the matter—it was ragged and bruised—she seemed to suffer great pain—she was sober—the prisoner was in such a passion I could hardly tell what state he was in—I really think, if it had not been for assistance, he would have murdered her.
EDWARD ANDREWS . I am a dresser at the London Hospital. The prosecutrix was brought there about the middle of the day—I found a wound on her left knee—it was a very uneven wound, not as if done by a cutting instrument—it was not very severe in itself, from the situation it was in—it is now going on very well—it must have been done with violence—a piece of a chair would make such a wound—it was about half an inch deep, and rather above the cap of the knee—there were also extensive bruises on the left arm, and rather severe—she did not appear to have suffered a great deal—she complained of other parts of her body, but very slightly—they were of no moment—she will be cured without being lame—the wound itself would be very immaterial in any other part of the body—if it had been on the middle of the thigh, it would hare been of no importance at all, except making her lame for the time.
Prisoner's Defence. We went to have some gin at a public-house—she was in liquor, kicked up a row, and broke a glass—she was about to be taken to the station-house—I begged her off, and took her to her lodging—I told her I would not stop with her—she laid hold of me with both arms, and tried to choke me—I got from her—she fell down stairs—I got out of the house with great difficulty by shoving her away from me—she lodges at a bad house, is constantly drunk, and I could not live with her—she took every thing we had for drink.
GUILTY of an Assault only. Aged 46.— Confined One Year.
Before Mr. Justice Williams.
953. MARY TONGE was indicted for feloniously uttering, offering and exhibiting to the Commissioners for executing the office of Lord High Admiral of England, a certain forged writing, purporting to be an extract from the Register of Marriages of the parish of Stoke Damerel, Devon, with intent to sustain a claim to a pension as the widow of John Pole, deceased, formerly an officer in her Majesty's navy.—Other COUNTS, varying the manner of stating the charge; to which she pleaded
GUILTY. Aged 44. Recommended to mercy by the Crown. Confined One Year.
Before Mr. Justice Vaughan.
955. JOHN GARDINER was indicted for burglariously breaking and entering the dwelling-house of Lewis An well, since deceased, about the hour of two in the night of the 14th of January, with intent to steal, and steal-therein, 5 watches, value 10l.; 17 spoons, value 15s.; 2 brooches, value 15s.; 1 watch-key, value 2s. 6d.; 2 pairs of ear-rings, value 10s.; 4 handkerchiefs, value 10s.; 72 pence and 100 halfpence; his property.
Mr. Phillips conducted the Prosecution.
HARRIET ANWELL . I am a widow, and live in Buckle-court, Whitechapel—my husband died on the 29th of January. On the 14th of January I retired to rest, about half-past two o'clock—I saw my house secure and fastened—I was the last person up—I came down about eleven o'clock next morning, and found a little door leading through the partition from the parlour to the bar open—it fastens with a button, but has no lock—I saw it fast the night before—the button was forced back—on examining the bar I found the cash drawer had been broken open, and missed five watches, seventeen spoons, a trinket box, and other articles—in the course of the night I had been disturbed by a noise as if a person had fallen from the skylight into a room called the long room in the house, which is twelve feet from the floor—I had not quite got into bed at the time, but my husband was ill and unable to go down, and I did not go down—I had not particularly noticed the skylight that night, as it had not been open for three months on account of the coldness of the weather—it opened by a pulley inside—I found a birch broom put under the skylight to prop it open—they could get to that by getting on the water butt in the yard—it is an enclosed yard—I consider the parties must have concealed themselves in the yard—I never saw the prisoner till ten days before—he was very well acquainted with my pot-boy.
HENRY BROWN . I am the prosecutrix's father, and live with her. On Saturday night, the 14th of January, between nine and ten o'clock, I saw the prisoner in the long room with Lawson, who was convicted last sessions, and I had seen them there the Saturday night before—he and Lawson were pulling up the skylight—Lawson lived in the house, and would have the means of propping up the skylight inside—on the morning of the 15th of January I came down about half-past seven o'clock—I went into the long room, and found the hall door open—I did not notice the skylight then, but an hour after I went into the room again, and found it open as far as it could be, and a broom put up to keep it open—it was sufficiently
large to admit a man—I had seen Lawson and the prisoner putting it up the night before, and placing it as I found it next morning.
Prisoner. It is a dancing-room, and it was full of people at the time.
Witness. There was nobody dancing in the room that night—there might be thirty or forty people in the room at the time this was done—it is never opened when the room is crowded—I was looking at them, fearing they would break the glass—it was a very cold light, and did not want to be opened—I saw the skylight shut after that—I did not see the broom put under it then—after putting the broom there, a person outside could drop into the room.
Prisoner. Lawson worked in the house every night. Witness. I do not know at what time he went away—he did not sleep in the house, but used to go away about one or half-past one o'clock.
ANN TAYLOR . I am a woman of the town, and lived with Lawson, who has been convicted of this offence. About seven o'clock one Tuesday morning (I do not know the day of the month) Gardiner came to my room, knocked at the shutters outside, and shouted out "Fred"—Lawson was in bed at the time—Lawson let him in, and he said, "I have done the job"—Lawson said, "No, never"—Gardiner said, "I have got five watches, and here is one out of the five," producing a large silver watch—Lawson got up and went away with him—they returned together about eleven o'clock—I am sure this was Tuesday morning—on the Monday sight before, between seven and eight o'clock, Gardiner came and asked if Fred was at home—Lawson was not at home—Gardiner took a box of lucifer matches, some keys, and a piece of iron out of his pocket—he put the matches on the hob, and said to me, "These are the things that I do my work with"—Lawson returned, and he and Gardiner left about eight o'clock—Gardiner left the iron and box of matches on the hob, and put the keys in his pocket—Lawson came home about half-past two o'clock on Tuesday morning—I have seen the iron since—when Gardiner came on the Tuesday morning, and produced the watch, he also spoke of some silver spoons, and produced one silk handkerchief and one watch—I did not see any of the spoons—I was not examined on the last trial—I was here—I came now with Pipe, the policeman.
Prisoner. I did go to her house on Tuesday morning, as Fred asked me to go to his house, but I took no watch there. Witness. He brought a watch on Tuesday morning, and said, "Hers is one watch out of the five, I have got four more at home"—he told Lawson to get out of bed to go with him, and they went away together—Lawson is twenty-seven years of age.
ALLEN PIPE (police-constable H 51.) I took Gardiner into custody the same day as he was discharged from this prison last Sessions, as the bill against him was thrown out—I told him I must charge him with the same offence as he was discharged for—he said he did not know why he should be locked up for nothing, for he had done nothing—I took him again, in consequence of information from Taylor—she did not give evidence on the last trial—she was here, but had nothing to do with the case—I took her into custody, and through her traced the property—I searched Lawson's room, and found the duplicate of a watch in the coal-hole—I found a watch afterwards at Lawson's brother's lodging, which the prosecutrix claimed.
and found the prisoner lived there—I did not see him there, but I asked a woman there—I asked him, before the last trial, when I took him, where he lived—he said he lived with Barney Mahoney, No. 2, Rose-lane—I went there, but could not find any such person—I saw Barney Mahoney, and followed him to No. 1, Castle-alley, and ascertained that he lodged there—I searched a room on the first floor there, and found a piece of iron, and two common door-keys—I found the iron by the fire-side—Barney Mahoney slept in that room—he has moved since—I compared the iron with the prosecutrix's cash-drawer, and found it corresponded exactly with the marks on the drawer—the impression went about an inch into the drawer—the iron is a chisel.
Prisoner. I told him No. 4, Rose-alley. Witness. He said No. 2.
WILLIAM NORMOYLE . I am a policeman. I went to the prosecutrix's house after the robbery—I found the skylight open, and kept up by an old birch broom under it, and on the bottom part of the skylight was dirt rubbed off, as if by a person dropping down into the room—there was the mark of iron, or some instrument, on the skylight—the marks on the drawer, and the small window leading from the long room to the bar, corresponded exactly—this is a very common chisel, it is not a jemmy.
MARY WRIGHT . I am the wife of John Wright, a labourer. I know Lawson, and have seen the prisoner—on the Tuesday morning, between ten and eleven o'clock, I saw Lawson and Gardiner together is Lawson's room; and about four o'clock in the afternoon I saw Gardiner there alone; and about seven o'clock I was in Lawson's room, when Gardiner came in.
MARY ANDREWS . I am the wife of Edward Andrews, and live at No. 1, Castle-alley, Whitechapel—the prisoner lodged at my house in January last—I heard of this robbery when the policemen came—the prisoner had left my house four or five nights before—this piece of iron belongs to me—Barney Mahoney is my brother—he now lives at No. 1, Castle-alley—the prisoner never slept in the house at all, but used formerly to lodge with me in Rose-lane, in September, when I lost my goods, and then came and slept at my house in Wentworth-street—that is the last place he lived at with me—he lived with me in Wentworth-street in January—he slept in the same bed with Barney Mahoney, my brother.
HARRIET ANWELL re-examined. This watch is one of the five I lost—I lost also three silk handkerchiefs and seventeen German-silver spoons—my father opened the house in the morning—it is in the parish of St. Mary, Whitechapel.
Prisoner's Defence. I know nothing of the robbery—on Monday night I left Mrs. Anwell's house about half-past eleven o'clock, and did not go there any more—on the Tuesday morning, between seven and eight o'clock, I went to Lawson's house, as he asked me to go, having something to sell me—when I went, he asked me to buy a watch—I offered him 10s. for it—he would not take it, and asked me 12s.—I left the house, went again in the afternoon, and offered him 12s. for it—he said he had pawned it, but offered to sell me the ticket, and said he had exchanged his watch with his brother for another one—I asked where he got it—he said he bought it of a man travelling with earthenware—there were four besides me turned up for this case.
GUILTY of Larceny only. Aged 21.— Transported for Seven Years.
Before Mr. Justice Williams.
The prisoner was in my service for nearly two years—on Tuesday, the 19th of February, about half-past ten or eleven o'clock at night, she came down stain to me in the parlour, and told me that there was a man up stairs under the bed—I caught up the poker, and ran to the door—she did not appear much affected by the alarm—I sent her to the public-house to get assistance—I did not go up stairs till five or six men came from the public-house, which was in about two minutes—Mr. Marsh was one of the men—the prisoner said the man was under the bed in the best bed-room—nobody had slept there for a fortnight—it was not her bed, but she told me afterwards that she was going to sleep in it to air it—when Marsh came in, four or five of us went up stain, bat could find no man at all—I examined under the bed, crawled under it, and every thing, but could see no marks of any body having been there—the window was about fifteen inches up—it is about fifteen feet from the ground—a man could have dropped out, but he must have dropped on an iron grating or some stones—the prisoner went up with us to search the place—I said nothing to her that night—I did not miss any thing till I went to bed between eleven and twelve o'clock—I then looked in my drawer, and found my cash-box was gone—I had seen it the day before—there were two £10 country notes in it—the box was found, on the Wednesday morning, under the bed where the said the man had been—it was not there when I searched on the Tuesday night—there was a large square box there, and a muff-box, but nothing else—I have never seen the notes again—the prisoner was given into custody on Wednesday—I found this instrument—(producing it)—in the kitchen window that morning, which, I think, opened the box—it is a nail or spike—I had seen it lying about the house before—there are marks on the box, which it appears to have made—(pointing them out.)
Cross-examined by MR. PHILLIPS. Q. How many does your family consist of? A. Only the prisoner and myself—there was no one else in the house—she was taken up about twelve o'clock on Wednesday—the cash-box was found about eleven o'clock—I was not out of the house all that day—I sent somebody for a constable to take her—there are plenty of men working on my premises on the wharf—I do not know who I sent—I sent a man, I think—I did not send the prisoner—she went down into the kitchen after I accused her of it, and remained there till she was taken—she might have gone out if she liked, without my knowing it, and I have no doubt she did go out into the yard to get water, or something—when I taxed her with it, she denied it very strongly—I was very much hurt at it, as much so as if it had been one of my own children—the men who worked on the wharf had nothing to do with the house—I had given orders more than two months ago that they should not come to the house, but if they wanted any thing, to go to the office and ask for it—I did so because I did not like them to come into the house, they dirtied it so, and things went, which I did not like—I thought I missed things—beer and things would go away, which I did not like, and I ordered them not to come.
hearing an alarm that a man was in the house, and went up stairs with the prisoner into the one-pair of stairs bed-room—she told me that was the bed the man had hid himself under—I did not examine under the bed then—other persons had been up previously, and examined it—I slept in the bed that night, and when I went to bed about one o'clock I examined, but could perceive no signs of any man's feet, or any thing of the sort—I saw a large box under the bed, and a muff or hat-box, but no cash-box—I looked very particularly, and am sure it was not there then—I could not see any foot-marks on the floor—the prisoner had said there would be dirt from feet, or something of that sort—I examined, but could see no particular marks—there were no marks to make me suppose a man had been under the bed—the window had been shut before I got up—I looked at it, but perceived no marks about it.
Cross-examined. Q. About how many persons were in the house that night altogether? A. Seven or eight—I did not go up with them—they had been up before me—I saw several in the room when I went up—I saw no particular marks from their feet—I do not think they did make any marks, or I should have seen them—they came out of the road—I do not know what sort of a night it was—I do not think it could have been very wet, or I should have noticed it—I should think it was dry, from that being no dirt in the room—Mr. Fowler requested me to sleep there that night, as he was very much alarmed, not knowing whether the man was gone or not—he is a nervous man—I did not see any of the persons in the room get under the bed—they looked under, and so did I—I did not creep under—I feel confident the cash-box was not there then, for I examined particularly.
ELIZA FRANCES FOWLER . I am the prosecutor's daughter-in-law. I went to his house on Wednesday morning, the 20th, a little after nine o'clock, and went into the best bed-room, but did not look under the bed then—in consequence of something, I again went into the bed-room with the prisoner, about ten o'clock, and asked her to relate the particulars to me how she found the man—she said, about half-past ten o'clock at night she took a candle and went to turn down this bed—she put the candle on the table, and proceeded to turn down the bed—on going round the bed she perceived one curtain down, and the bed appeared low as if some one had been concealed in between the two beds, (being a spare-bed, one bed was placed upon another,) she went on the side of the bed, looked under the bed, and saw a man, but to satisfy herself, she turned back and looked again, and he was lying with his toes to the ground and his feet at the head of the bed—she then went down to apprise her master—she thought she heard the man follow her down stain, and kick his fool against a bedstead which was lying on the stairs, but she supposed he returned to the bed-room and jumped out of the window—after this I again went to the room, about eleven o'clock—I then for the first time looked under the bed in presence of the constable, and found this cash-box under the bed, by the side of the muff-box—it was plain to be seen when I got under the bed—the prisoner was not there then—I told her afterwards that I had found it—she said she was glad of it—I searched her, but found nothing.
SAMUEL BARBER . I am a constable. I was sent for by Mr. Fowler, about half-past nine o'clock on Wednesday morning, and examined the bedroom—I did not see any appearance of any body having been under the
bed, or having got out of the window—there was a little grit between the two beds, where the prisoner represented the man to have been lying—there was not the least scratch or mark about the window, or window-sill—it is fourteen feet two inches from the ground, and there is an iron grating, beneath, on which he must have dropped—if he had dropped into the street, be must have dropped on some very rough pavement—I saw the cash-box found under the bed—I took the prisoner into custody, about two o'clock, the same day—I asked her if she had any suspicion of any person who committed the robbery—she said she could not think of any one, she had not the least idea of any one whatever—I asked her what sort of a man it was she saw under the bed—she hesitated, and gave no answer—I said, "Was it a labouring man, with half-boots, and tied up with laces; or did it appear as if they were a respectable man's feet"—she said she considered they were the feet of a respectable man, because he had straps under his boots—I said, "How do you know that?"—she said she looked back, and had another look, to satisfy herself—I charged her particularly not to tell me whether she was guilty, but if she was, and another person older than herself had persuaded her to do it, to tell me in mercy to herself whether she had any accomplice—she said she had none whatever—I applied this instrument to the marks on the cash-box, and they corresponded exactly—I have not the least doubt it was opened by that instrument.
MR. FOWLEE re-examined. This instrument had been lying about my kitchen, for two or three weeks—it is a large nail, but has been altered since then—I found it on the Wednesday morning lying in the same place, where I had seen it before.
NOT GUILTY .
First Jury, before Mr. Common Sergeant.
957. SARAH HEYMER was indicted for stealing, on the 19th of February, 1 gown, value 3s. 64.; 1 shawl, value 1s.; 1 shift, value 6d.; 1 petticoat, value 6d.; 1 pocket, valve 3d.; 1 pair of stockings, value 3d., the goods of Rachel Grose; and that she had been previously convicted of felony; to which she pleaded
GUILTY . Aged 46.— Transported for Seven Years.
958. MARY BURTON was indicted for stealing, on the 4th of March, 10 yards of mouslin-de-laine, value 7s., the goods of James Barrow; also, on same day, 10 yards of mouslin-de-laine, value 10s., the goods of Edward Manning and another; also, on same day, 10 yards of mouslin-delaine, value 9s., the goods of Thomas Gervas and another; to all of which indictments she pleaded
GUILTY .— Transported for Seven Years.
959. JAMES ANSTEY was indicted for stealing, on the 2nd of February, 2 coats, value 5l. 11s.; 2 pairs of trowsers, value 2l. 13s.; 3 waistcoats, value 1l. 9s.; 1 gold shirt-pin, value 4s.; 1 hat, value 5s.; 1 metal watch, value 1l. 5s.; 1 watch-guard, value 1s.; 1 shirt, value 6s.; 1 handkerchief, value 8s.; 1 satin stock, value 8s., and 1 piece of waistcoating, value 10s.; the goods of Henry Ayres, in the dwelling-house of Arthur Ayres.
MR. DOANE conducted the Prosecution.
and told a very pitiful tale—out of charity my parents gave him shelter in the house, and he partook of all our meals—he slept in a room by himself adjoining mine—it is an attic parted off—on Saturday morning, the 2nd of February, I left my bed-room door padlocked—all the articles stated were then safe in my bed-room—they are worth about 13l.—I went to ray room about eleven o'clock in the evening, in the dark, and unlocked the door with the key I had in my pocket—I then got a light, and found a bottle on the table, which I had left on my box, and all the property gone from my box—it had not been locked—some articles were taken from a chest of drawers—I found the prisoner's hat in my hat-box, instead of my own—on looking at the door, I found the staple had been drawn out, and just put in again loosely.
Cross-examined by MR. PRENDERGAST. Q. How old are you? A. Twenty years old—the things were bought with my own money—I earn wages of my own—this note was sent by the post to my mother, with three duplicates, and 2l. in it—the duplicates were for a frock coat, and a pair of trowsers, 2 waistcoats, and another pair of trowsers—some of the property was restored about a week or nine days after it was taken away.
(The note being here read, in which the prisoner expressed great contrition for his ingratitude in having committed the offence, stated, that 2l. and two duplicates were enclosed, and that those for the watch and other things would be sent in a week—that he had got into a situation, and that his employers had advanced him 5l., which enabled him to send the money—that he had obtained his situation by a strong recommendation, which of course was false, and for which he paid 3l. 10s.)
JANE PEARCE AYRES . I am the last witness's mother. We allowed the prisoner to come to our house—on the 2nd of February, he came home in the evening, and asked me to lend him a light, as he wanted to fetch a basket which he had up stairs—the servant gave him a light—he went out in about twenty minutes, calling out, "I have left the candle here," meaning in the passage—I did not see him go out—I think it must have been near six o'clock when he left—I have seen him write, and believe this letter to be his handwriting.
Cross-examined. Q. I believe you know some of his family? A. No, I have merely seen his father's friends—the letter came on Monday, and he was taken up three days afterwards—I never heard of his having a place—he lodged with my sister about two years ago, for I think more than twelve months, and I always had a good opinion of him—his friends keep a little public-house.
Cross-examined. Q. You know nothing about his having a situation in the city? A. No.
on the 14th, in Compton-street—I found on him twenty-three sovereigns, 2l. 11s. in silver, a watch, and a guard-chain—the Magistrate ordered 10l. of the money to be given up—I have not got the watch and chain—the solicitor took them at the office.
Cross-examined. Q. Did you apprehend him at a snuff-shop? A. No, in the street—he was given in charge by a man named Wells, who keeps the post-office there—I could not find that he had any situation in the City.
GUILTY . Aged 22.— Confined One Year.
MR. CLARKSON conducted the Prosecution.
RICHARD NATION . I am a solicitor, and live in Somerset-street, Portman-square. The prisoner came into my service in August last—he had been working for Mr. Price, of Staple's Inn, previously—I observed his situation, and offered him employment—while he was with me I missed a variety of trifling articles, and on the 8th of February I missed some papers, and spoke to him about it on the morning of the 9th—I told him I thought there were a great number of papers gone out of different boxes and pigeon; holes, and taxed him with taking them—he denied having done so—I went to his lodging, and, in consequence of what I saw there, went on the 11th to Mr. Marner, a pork butcher in Charles-street, Hatton-garden, where I saw some of my papers, consisting of briefs, drafts of deeds, office copies, bundles of original letters, bills and answers in Chancery, and legal proceedings of every description—I understand there was about 5lbs. weight altogether—I never authorised the prisoner to dispose of any of them—they were of great value to me—some were papers in cases now pending—most of the letters were on matters now concluded, but they are always important, as we never can tell when we may have occasion to refer to them—some were agents' letters—this letter (looking at one) is in the prisoner's handwriting.
Cross-examined by MR. PRENDERGAST. Q. What did you pay him a week? A. 1l.—it was what he asked me—I understand he has three or four children—the eldest appears about twelve or thirteen—I have heard that he lost his wife about two years ago—I should never dispose of or sell any of my papers as waste paper—I do not think it is commonly done—it is a most improper thing to do—it were better to destroy them.
MR. CLARK SON . Q. Was it out of compassion for the prisoner's destitute situation that you took him? A. Yes, principally, and his writing a good hand—I got clothes from my family, and gave to his children, and, things for himself as well.
RICHARD BATLIS . I am a constable of Hatton-garden police-office. I took the prisoner into custody on the 9th of February, at his lodging, in Tash-court, Gray's Inn-lane—I told him he was suspected of robbing his master, Mr. Nation, of papers—he said he had never taken a paper out of Mr. Nation's office in his life—I examined his premises, and in a cupboard found a bundle of papers—I brought it to the office, and afterwards went to his lodgings, and, in consequence of what his child told me, went to Mr.
Marner's, in Charles-street, Hatton-garden, and received from him a bundle of papers—I went there again on the 11th, and received from Mrs. Maner another bundle of papers, and on the 12th I received another bundle from her—(producing them.)
MR. NATION re-examined. These are my papers—some of those found at his lodging are the outside sheets of papers which are in the other bundles, and bear my name on them—some of the papers relate to very old transactions, but some to actions still in existence—here is one of Bunce, and something which is a suit in Chancery now going on, and has been for fourteen or fifteen years—some refer to suits in Chancery, where the costs remain still untaxed, and without which we could not proceed to tax the costs—they are of considerable value to me.
ELIZABETH MARNER . My husband is a pork butcher, in Charles-street, Hatton-garden. I bought some of these papers myself of the prisoner's daughter as waste paper, at 3d. a pound—I was present on Saturday, the 9th of February, when my husband delivered up a bundle of papers to Baylis, the officer—on Monday, the 11th, I delivered up another bundle to him, and on the 12th another.
Cross-examined. Q. I believe you have known this poor man and his family some time? A. Only by bringing paper to the shop—I do not know any thing about them.
(The letter from the prisoner was here read—it was a petition for mercy, and contained the following sentence:—"And as I shall doubtless be found guilty on Mr. Nation's indictment, I hope Mr. Price will not proceed against me. ")
GUILTY . Aged 35.— Confined One Year.
(There was another indictment against the prisoner.)
CHARLES HORATIO WIMBOLT . I live at Gravesend. On the 2nd of March, about seven or eight o'clock, I was at Hadley, in Middlesex, and coming from my brother's house there with Mr. Stewport—three boys overtook me—they kept abreast of me some little time, and I observed what I thought was my pocket handkerchief pass towards the one on my right hand—I immediately turned round to Mr. Stewport and said, "I believe that fellow has had the impertinence to take my handkerchief,"—I immediately caught hold of him, and was in the act of searching him, when he slipped out of my hands, and made his escape—I was going after him, when Mr. Stewport called out, "I have got the fellow who has got your handkerchief," and I went back—this is my handkerchief—(looking at it.)
GUSTAVUS TOWNSSND STEWPORT . I was in company with Mr. Wimbolt on this evening, and observed the three men pass—Mr. Wimbolt said he believed one of them had his handkerchief—I saw it in the hands of the man nearest to me—he passed it to the furthest of the three—Mr. Wimbolt laid hold of the man who had taken the handkerchief—the others ran on some distance—I followed, and took the prisoner, who had got the handkerchief in his possession—he took it from his bosom, and laid it on some rails—I took it up.
Prisoner's Defence. I was going to meet my father—a person ran after
me, and shoved the handkerchief into my hand, and I laid it down.—I was not with the others.
GUILTY. Aged.—Recommended to mercy. — Confined One Month.
NEW COURT.—Thursday, March 7th, 1839.
Fifth Jury, before Mr. Recorder.
962. GEORGE M'DUELL , JUN., was indicted for stealing, on the 25th of February, 1 coat, value 10s.; 1 jacket, value 2s.; and 1 handkerchief, value 6d.; the goods of George M'Duell; to which he pleaded
GUILTY . Aged 16.— Transported for Seven Years.
963. JOSEPH THURGOOD was indicted for embezzling, on the 4th of February, 1l. 16s. 5d., the monies of Godfrey Thurgood, his master; also for stealing 1 silver watch, value 20s., the goods of John Thurgood; to which he pleaded
GUILTY . Aged 17.— Confined Three Months.
964. HENRY BATTERSON was indicted for stealing, on the 18th of February, 1 desk, value 1l. 18s., the goods of John Burbidge; also, on the 23rd of February, 1 looking-glass and stand, value 1l. 16s., the goods of Giovanni Antonio Albino: also, 1 dock, value 14s., the goods of James-Lawrence; to which he pleaded
GUILTY . Aged 21.— Transported for Seven Years.
GUILTY . Aged 82.— Confined Three Months.
966. WILLIAM WATSON was indicted for steeling, on the 24th of February, 4 handkerchiefs, value 8s.; 1 shawl, value 7s.; 1 gown, value 3s.; 2 shirts, value 4s.; 1 snuff-box, value 4d.; and 1 tobacco-stopper, value 1d.; the goods of John Clarringbold.
MR. CLARKSON conducted the Prosecution.
JOHN CLARINGBOLD . I live in Mile End-road. I have been in the gardening line, but now live on my property—the prisoner is a tailor, he had lodged with roe, and left about twelve months ago—he had come backwards and forwards since—on the evening of the 24th of February I went out, between five and six or six and seven o'clock, and was out about for two hours—the prisoner was not at my house when I left—I left my wife there—I have been married six years—when I returned, between seven and eight o'clock, my wife was gone—I went into my bed-room, and found the drawers had been robbed of five or six shirts—I then went to the drawers in the parlour, and my wife had taken all her clothes—I had seen my shirts in the drawer at three o'clock that day—I went with the police-officer to the Bull and Mouth, in St. Martin's-le-grand—we got there about twelve o'clock at night—a room was pointed out to me there—we broke the door in, and found the prisoner and my wife in bed together—my wife jumped out of bed—I saw the officer search the prisoner's clothes, and he found in his pocket a snuff-box and a tobacco-stopper of mine, but I had not seen them for some time—four duplicates were found in my wife's possession—the officer afterwards produced two of my shirts to me—some silk
handkerchiefs and a shawl were also found—the shawl was my wife's, the handkerchiefs were my own, and what I used myself—my wife had not used them—I also lost ten sovereigns.
Cross-examined by MR. PAYNE. Q. What kind of property is it you live on? A. I sold some houses and land two or three months back for 300l., and I live on the money—my wife had been living with me up to that time—she had never been away—she never made any complaint of my ill. treatment—she swore the peace against me through the prisoner about twelve months back, and I found bail—she never did that more than once—we had not quarrelled on the day she left, nor lately before that—she never went to live with her sister or her mother—I had quarrelled with the prisoner, but not often.
COURT. Q. At the time you found bail, was the prisoner lodging with you? A. No, but he was always coming to the house, and so on—my wife was before the Magistrate on the last examination on the prisoner's behalf.
JAMES YOUNG . I am a cab-driver. On Sunday night, the 24th of February, I was on the stand at the Mile End-gate—about half-past seven o'clock the prisoner came to me—I said, "Do you want a cab?"—he said, "Yes, follow me"—I followed him to Jubilee-place, and he said, "Take this luggage"—he gave me a large bonnet-box and a large shawl tied up full of things—I put the box in first, and then the shawl on the top—a lady then got into the cab, and then the prisoner—I drove on to Red Lion-street, Whitechapel—I got down to let them out there—the prisoner then said, "Go on to the Bull and Mouth"—I went there, and the prisoner paid me—the porter took the things out.
Cross-examined. Q. Do you know Mr. Claringbold's house? A. Yes, it might be about thirty yards from there that I took them up.
CHARLES M'EVOY (City police-constable, No. 449.) I was called on Sunday night, the 24th of February, about twelve o'clock at night—I went with the prosecutor to the Bull-and-Month—we burst the bed-room door open, and found the prisoner and a lady in bed—the lady jumped out of bed—I found in the lady's clothes five sovereigns and four duplicates, which she said were of her husband's property which had been pawned by the prisoner—there was a bandbox in the booking-office, which contained mostly female wearing apparel, and the bundle was mostly the same, except one red handkerchief, which the prosecutor said was his—I went to No. 5, New-street, Dock-head, that being the prisoner's lodgings—I found there one shirt, tied in a black silk handkerchief, and one gown—and up stairs another silk handkerchief and one shirt in it.
Cross-examined. Q. Did you go before the Magistrate? A. I did—the prosecutor's wife was examined there, in presence of the prosecutor—I believe what she said was taken down in writing—she was not bound over—the Magistrate made some comment on the woman and her evidence—she was called by the prisoner's solicitor.
JAMES WALTERS . I am a pawnbroker, and live in Thornton-street, Horsleydown. I have a silk handkerchief, pledged on the 12th of february, in the name of William Watson—I gave this duplicate for it to the person who pawned it—(looking at a duplicate.)
Bishopsgate-street—I produce a shawl pledged on the 8th of February, in the name of John Jones—I do not know the prisoner—the officer has produced the duplicate I gave for it.
JAMES ASHLEY . I am assistant to Mr. Fleming, a pawnbroker in Whitechapel. I have a handkerchief, pawned on the 12th of February, in the name of John Jones—the officer has produced the duplicate given for it.
JOHN CLARINGBOLD re-examined. This snuff-box and tobacco-stopper are mine, and are worth 5d.—this is a shawl which my wife used to wear—these handkerchiefs are mine—I had lost sight of the box and stopper for some time—I should have complained if they had been given to the prisoner, at a distant period—if there bad been no going away I would not have authorized my wife to have given them to him—I was not on such terms with the prisoner as to suffer a trifling thing to be given to him.
MR. PAYNE called
MR. CLARKSON. Q. Did he lodge in that house? A. Yes—he first lodged there six years ago—he was there with us for eight months—he came again last October twelvemonth, and continued three weeks with me—he came again five weeks ago—the officer came to ray house, and I took him up into the room that the prisoner slept in—the last time he slept there was last Saturday week—I gave the officer the shirts myself—one was clean in the drawer, the other amongst some dirty linen—the prisoner had taken it off in the course of the week—I am no relation of his—I gave the officer a gown, tied up in a handkerchief, from a table in the room in which the prisoner and we all lived—I did not see it brought into the house, and do not know who brought it—I should consider it was rough-dry—I had not washed it.
COURT. Q. Where were the shirts? A. In my room, where the prisoner pulled his dirty linen off—he had worn one which I had washed—he had brought them as clean linen, I should think a fortnight before—he told me they were given him by mistake, and that they were not his own—one was a bran new shirt, with no button and no mark—I said, "This is new"—he said, "It is given me in mistake"—the other bad no collar, only a band—they were not both alike—I sewed the buttons on one.
JOHN CLARINGBOLD re-examined. These two shirts are mine—I had not lent them to the prisoner—I would not have permitted my wife to have lent him them—my new shirt was not marked—I had no charge of any of the prisoner's shirts, nor had my wife to my knowledge. (The prisoner received a good character.)
GUILTY of stealing the shirts only. Aged 28.— Confined Six Months.
ARTHUR ATHELSTAN CORNISH . I live near Sevenoaks, in Kent. On the afternoon of the 5th of March, I was in Newgate-street, crossing to St. Paul's Church-yard—I felt a sort of twitch at my coat-pocket—I
turned, and saw the prisoner endeavouring to hide my handkerchief under his great coat—I took it from him, and gave him into custody—this is my handkerchief.
Prisoner. I was walking along, and you took it off the pavement.
Witness. No, it was not on the pavement, it was in your hand.
Prisoner. I just crossed over from a court, where I had been singing, I got a penny, and was going to some more courts to get some bread.
GUILTY . Aged 8.— Confined Three Months.
968. JAMES JOHNSON was indicted for stealing, on the 18th of February, 130 squares of window glass, value 12s., belonging to a certain building; and 1 window casement, value 3s.; the goods of the Eastern Counties Railway Company.
MR. DOANE conducted the Prosecution.
Cross-examined by MR. PRENDERGAST. Q. This house was taken to be pulled down, not as property that was to be kept? A. No—it was an oldish house—I do not know whether any of the windows were broken—one side of that street has been purchased by the Company, and Harper had the charge of it—he had no charge to sleep in that street at all—the house was empty.
JOHN HARPER . I am a constable of the Eastern Counties Railway Company, and am paid by them—I was directed to look after these houses. On the 18th of February I left No. 11, about six o'clock in the evening—the leaden window frames were then all safe, and all the doors—I had nailed them up that afternoon—the squares of glass were all safe—I went there the next morning, and found two casements taken out, which I had seen safe the night before, and more than one hundred panes of glass were missing out of different parts of the house—I should think them worth 1d., or 1 1/2 d. a pane.
Cross-examined. Q. Could you get that for them? A. They charge 2d. when new—some of these were cracked—the back of the premises was open to a garden—a person could not get in without breaking the doors or windows.
WILLIAM ROWLAND (police-constable H 120.) I was on duty at a quarter to eight o'clock, on the 18th of February, in Phoenix-street—I heard a noise at No. 11, and found the back first-floor window open—I got in at the window, and found the prisoner in another back room apparently asleep—I asked him what he was doing there—he said he had seen two men the night before, taking away some glass, and he thought he might as well have some himself—I found a glazier's diamond, a putty knife, pincers, two screw drivers, and some glass in his pocket, and a box of lucifer matches—I called in another officer—I then found two leaden casements, which bad been taken out, and a hundred and thirty squares of glass, tied up in a bag, and in a handkerchief that he had by his side—a number of squares of glass had been taken out of different windows, where the casements were not taken out—these casements fitted into the window-frames.
Cross-examined. Q. There is a garden behind? A. It has been a garden—it is a kind of yard now—these houses appear as if they were to be pulled down.
(The prisoner received a good character.)
GUILTY . Aged 84.— Confined Three Months.
969. ANN SHANNON and HANNAH SCOTT were indicted for stealing, on the 21st of February, 2 handkerchiefs, value 1s. 6d.; 1 towel, value 1s.; 4 knives, value 3s.; 3 forks, value 2s.; 1 dish, value 6d.; 8 plates, value 3s.; and 1 sugar-basin, value 9d.; the goods of Thomas Meyrick Field, the master of Ann Shannon.
THOMAS MEYRICK FIELD . I live in Albion-street, St. Pancras—Shannon was my cook. All my family were absent from home from the 14th to the 21st of February, except Shannon and myself—I kept the key of my wine-cellar on a ledge of my sideboard, and locked up—on the 21st of February I had left the door of that sideboard unlocked, and the key in it, while I had my breakfast in another room—on that day my wife came home, and Shannon was given into custody—I lost these articles.
Cross-examined by Mr. PAYNE. Q. Do you know the other prisoner? A. No.
JAMES MAYCROFT FURNACE (police-constable T 116.) On the 21st of February I was sent for to the prosecutor's. I went down stairs, and found Shannon sitting on a chair, leaning on a table, and Scott lying on the floor drunk—they were given into my custody—I took them to the station-house, and found in Scott's pocket a knife, a fork, a towel, and two handkerchiefs with the name of Field on them—she pointed to Shannon, and said, "She gave them to me"—Shannon said, "If you say anything, speak the truth; don't bring me into disgrace"—Scott then said that she had got another knife and fork at home that Shannon had gives her, and she lived at No. 8, Oxford-buildings—I went there, and found three knives, two forks, eight plates, a dish, and a sugar-basin.
Shannon. I gave her the plates and dish to take care of—I had them from a friend—I thought this month I should be going oat of town, and I left them with her—I know nothing about the towel and handkerchief, or how she got them, unless she took them out of the clothes-basket in my mistress's bed-room.
MR. FIELD re-examined. I know these handkerchiefs and this towel are mine—I swear to them from their having my wife's writing on them—also the knives and forks, and these other articles—the plates are a common pattern, but they have "Greenwich" marked on them—they match what I have at home, and mine were deficient.
Cross-examined. Q. How lately before bad you seen the plates? A. I cannot say—the sugar-basin was in use in the nursery—I used to breakfast and sleep at home—these knives and forks are the same as we have in use, and they have "London-made" upon them—these handkerchiefs were taken from a basket of clothes which came home.
JOHN UPTON . I live in Oxford-buildings. The prisoner Scott, who is my sister, and her husband, rented a room at No. 16, in the same buildings where I live, she gave up room-keeping, and asked my wife to
let her leave some things at my room five or six days before she was taken—I cannot say what she brought, but it was something on a tea-tray—I do not know any thing about the plates myself, but they were taken out of the box by my wife.
Shannon's Defence. This prisoner slept with me, as I was frightened to sleep by myself—on the Wednesday I told her she had better not sleep there, as I expected my mistress home, but she came and slept that night—next morning I went to light the nursery fire, and after that she came down—we had a little wine, and when my mistress came home we were taken—I know nothing of the things.
Scott's Defence. Shannon gave this parcel to me, and said it was some calico to make a frock-body for a child—she asked me to stay a week with her.
(The prisoner received a good character.)
SCOTT— GUILTY. Aged 23.—Recommended to mercy.
Confined One Month.
SHANNON— NOT GUILTY .
FERDINAND M'KEE (police-sergeant H 4.) I went to a marine store-shop in Dock-street, Whitechapel, on the 15th of February—I found the prisoner there, and this copper on the floor—I asked who it belonged to, and the prisoner claimed it—I asked where he got it—he refused to tell me—he said the copper was there, and I might have that if I would let him go—I asked him to carry it to the station-house—he said he would not, and I took him.
Cross-examined by MR. PAYNE. Q. Did he afterwards tell you where he got it? A. The next morning he said he got it from a person whom he did not know—I found him in the shop about half-past five o'clock, or I should think, after that.
SAMUEL ROSE . I am foreman to Messrs. Webb, of Clerkenwell—they are builders, and have some work to do at the Commercial Railway. I had charge of a house in George-yard, St. Georges-in-the-East—I had set the prisoner to work there—on Friday, the 15th of February, I saw the copper fixed in that house, and the prisoner was there at work—I saw him at half-past five o'clock at my house, when he came there to book the time—this is the same copper—one man could carry it.
Cross-examined. Q. How do you know it? A. By seeing it so often—I had possession of that house for a week or a fortnight—I saw the copper every day—there were several other persons employed in that house—the prisoner was a labourer to the bricklayers—he had been employed under me from the 24th of December—I saw him in the house at five o'clock, and the copper was then in its place.
Q. Have you any proof of the existence of this Railway Company? A. Here is a copy of the Act here—I do not understand it—it is not an official copy.
COURT. Q. Are there any persons here who can give us any account of this copy of the Act of Parliament? A. I cannot tell, I got it from one of the engineers—I know nothing about it—the man who keeps the marine store-shop is not here.
NOT GUILTY .
971. JAMES WILLIAMS was indicted for stealing on the 17th of February, 1 till, value 6d.; 1 half-crown, 7 shillings, 2 sixpences, 1 groat, and the sum of 3 1/4 d. in copper; the goods and monies of Joseph Pearce.
JOSEPH PEARCE . I live in Richard-street, Limehouse-fields, and am a green-grocer. On the night of the 17th of February I was in the parlour, I heard a noise in the shop—I got up and saw a man outside lurking about—I saw the prisoner alongside of my counter, going round, crawling, with my till before him—he went out of the shop, and on his reaching the door I caught him, and took the till from him—the person who had been going to and fro outside was coming to meet him—I gave the prisoner to Simms, and ran after the other man to the end of the street, and caught him, but about twenty persons got round me, got him away, and pelted me with stones—there was 10s. 10d. in silver in my till, and some coppers—there was a half-crown, some shillings and sixpences—there was the same amount in it when I took it from the prisoner, as before.
Prisoner. I saw some boys running—I saw them put down this till—I went to pick it up to take it into the shop, when the gentleman caught hold of me—I had not been in the shop.
GUILTY . Aged 14.— Confined Three Months, and Whipped.
WILLIAM COOK . I am a shoemaker, and live in Clare-market. About four o'clock in the afternoon, on the 20th of February, I saw the prisoner come to the door—he looked through the window, put his hand inside the door-way, untwisted this pair of boots off the nail, put them together, and ran away—I pursued him into the market—he ran into Bear-yard into a public-house, and into Vere-street—the officer and I took him together—he had thrown down the boots, and my apprentice took them up—I am positive he is the person who took them—I had watched him about the door for several days.
Prisoner. Q. Did you see me run into the public-house? A. No, but the policeman followed you up Bear-yard, and you ran into the back-way of the Bull's Head, and into Vere-street—the landlord said you was not there to have any thing to drink.
COLIN FORBES (police-constable T 115.) On the afternoon of the 20th of February I was on duty, and saw the prisoner run up Bear-yard—he went into the back door of the Bull—I went in, saw him going out of the front-door, and took him.
Prisoner. I had been half an hour in the house, and had a pint of beer—I told you, if you would ask the landlady, she would tell you so, and you said, "That is not my business." Witness. I saw you go in at the back door—I lost sight of you in the house, but I took you coming out of the front—some one did say, "I think that is him, policeman"—I went to
the house to know if you had had any thing to drink, and they said you had not.
Prisoners Defence. I was coming up Holborn at three o'clock, and met a shopmate of my brother's—he asked me to have a pint of beer—I went with him to that house, and remained till near four o'clock, when I was taken—the prosecutor says the boots were stolen at four o'clock, and I was at Bow-street office by four o'clock.
GUILTY . Aged 20.— Transported for Seven Years.
RICHARD HUTCHINSON . I am barman to Mr. Young, who lives is Great Peter-street, Westminster. On the 13th of February I was in the Strand, and felt a tug at my pocket—I felt, and my handkerchief was gone—I turned, and caught the prisoner with it in his hand—I took hold of him—he threw the handkerchief down, cried, and begged of me to let him go, and he would never do so any more—I kept him till the officer took him—this is my handkerchief—(looking at it)
Prisoner. It was not me—there were two more boys going up the Strand—they chucked it down, and I took it up. Witness. There were two other boys in his company, and a girl—I ran up against the girl, and passed them all at Charing-cross—when I laid hold of the prisoner he threw down my handkerchief to one of the other boys—I laid hold of that boy also, shoved him on one side, and got the handkerchief in my own hand.
Prisoner's Defence. I was going on an errand with some shoes—I met the two lads in Parliament-street—they came along the Strand, and got behind some men, and then they came running along, and threw this handkerchief down—I took it up.
—NETTLE. I am the prisoner's father. I live in Drury-lane—he worked for me, and was a hard-working, industrious boy—I had sent him out that day with a pair of shoes to Mr. Johnson, in Plumber's-buildings Westminster.
GUILTY .* Aged 20.— Confined Six Months.
Sixth Jury, before Mr. Sergeant Arabin.
WILLIAM CHALKLEY . I am servant to Mr. Nutter, a cheesemonger, in Whitechapel. On the 23rd of February, about eight o'clock in the evening, I saw the prisoner, and another soldier, walk by—my master spoke to me, and I saw a piece of bacon in the prisoner's hand, and saw him drop it about two feet from the shop.
WHITAKER LEIGHTON NUTTER . I keep the shop. I saw the two soldiers going by, and I saw one of them take the bacon—I went out, and stopped them—they both seized me, and said they would give me in charge
—I got them to my door, and the policeman took them—I cannot swear the prisoner took it, but one of them did, and I am inclined to think it was the prisoner.
NOT GUILTY .
975. ELIZABETH PACKMAN was indicted for feloniously receiving, on the 16th of February, 4 spoons, value 1l., the goods of Michael Haynes, well knowing them to have been stolen; against the Statute, &c.
JANE POOLE . I am servant to Mr. Michael Haynes, of Dorchester-street, Oxford-terrace. On the 16th of February a boy got over the rails, and took four tea-spoons—the boy has not been found—I know nothing of the prisoner.
JOSEPH WOLSTENHOLME . I live with Mr. Gideon, a pawnbroker, at Lisson Grove. I took in these three spoons of the prisoner, on the 16th of February—I knew her before by the name of Randall—I asked how she came by them—she said they belonged to her sister, who had sent her to pledge them.
JOHN LLOYD (police-constable T 49.) I took the prisoner, and found the duplicate of the spoons in her bosom—before I searched her, I asked her whether she knew any thing of the duplicate—she said her sister gave her the spoons to pawn, and she had given her the money and the ticket.
Prisoner. My sister gave me them to pledge.
GUILTY . Aged 39.— Confined Six Months.
HENRY NIESS . I am carman to Mr. Henry Taylor. On the 19th of February I had his horse and cart, in George-street, Portman-square—I had a cloth on the horse—I was at the tail of the cart, putting some trunks down an area, and saw the prisoner start away with the horse-cloth—I went and collared him, and asked him what he did it for—he said he did it from want.
Prisoner. I had been looking for work—I saw something in the road, near the horse—I took it, and put ft under my arm—I deny taking it.
GUILTY . Aged 47.— Confined Three Months.
JOHN MILES (police-constable N 110.) On the 19th of February, about seven o'clock at night, I saw the prisoner coming from behind an unfinished house, near the new church at Islington, with a basket, and these two pieces of lead in it—I asked what he had got—he said, "Nothing"—he then said he had had two pieces of lead which were given him by one of the stone-masons—I asked the mason's name, and then he said be took it himself.
WILLIAM SPENCER DOVE . I am a builder. The prisoner worked on these premises for about three weeks, as a mason's labourer—I have no doubt this lead is mine—it fits this ladle in which it was melted to run it in the rails of the church.
(The prisoner received a good character.)
GUILTY. Aged 40.—Recommended to mercy. — Confined Six Days.
978. SAMUEL RAMSEY was indicted for stealing, on the 7th of February, 1 pair of shoes, value 2s. 6d.; 1 hat, value 6d.; 1 pair of stockings, value 6d.; and 1 pair of gloves, value 1d.; the goods of Edward Brown: and 1 coat, value 2s.; 1 pair of shoes, value 2s.; 1 waistcoat, value 1s.; and 1 handkerchief, value 1s.; the goods of John Bannister.
EDWARD BROWN . I lodge in Buckeridge-street, and am a wood-cutter—the prisoner lodged in the same room for about a week. On the 7th of February I went to bed at half-past nine o'clock—the prisoner was in bed before me—I awoke about half-past seven o'clock in the morning—he was then gone, and my clothes also, which I had worn the day before—he had left his own clothes—this hat and stockings are mine—I have not seen my shoes since.
GUILTY . Aged 31.— Confined Four Months.
FRANCES HAYLOCK . I am the wife of Thomas Haylock—we live in Westbourne-street, Pimlico. On the 16th of February I hung out a counterpane to dry, at half-past nine o'clock, in our yard, which is in the building yard, where the shops are—I missed it in about ten minutes—one of the men said that a man had just gone out of the yard—I went and asked him if he had got it—he said no, but two girls had been there—he came down from where he was at work, and went and brought the prisoner with the counterpane in her lap—this is it—(looking at it.)
ROBERT BUCK . I went out of the yard, and saw the prisoner and another girl standing at the gate—the prosecutor then asked if I had seen the counterpane—I went and saw the prisoner with it in her lap—she ran and dropped it, but I took it, and took her—the other girl ran away.
Prisoner's defence. I was coming from Chelsea, and met the other girl—she had the counterpane, and a tub—she asked me to carry one, and I carried the counterpane in my apron—when the witness came and asked what I had got, I showed it to him—the other girl put the tub down, and ran away.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined One Month.
THOMAS JAMES BARRETT . I am a shoemaker. On the 20th of February, I was in Shoreditch, and saw the prisoner and another in company—I watched them for some time, and saw the other, who was taller than the prisoner, take a handkerchief out of a gentleman's pocket—the prisoner was close to him at the time—I had seen them in company together, and
they had been following the gentleman—the other man put the handkerchief behind him, and the prisoner took it—I went and told the gentleman—he sung out "Stop thief"—the prisoner and the other ran—I followed the prisoner until he came to Cock-lane—the policeman was there, and I pointed him out—I still followed until he fell down, and dropped the handkerchief—I do not know who the gentleman was—I went back to the place, and he was gone.
THOMAS BURCHAM , (police-constable H 33.) I saw the prisoner and another running up Church-street—the witness said, "Stop the short one, he has got the handkerchief"—the prisoner then took this handkerchief out of his pocket, and carried it in his hand—he ran on until something, caught his toe, and he fell—he was then taken—he dropped this handkerchief.
GUILTY . Aged 19.— Transported for Ten Years.
JOHN POMFRETT . I live at Tottenham, and am a poulterer and pork dealer. On the 22nd of February, I was out backwards, and was called in—a piece of pork was then gone from my window, which I had seen a quarter of an hour before—I had seen the prisoner about the shop four or fire times.
RICHARD M'CARDELL . I saw the prisoner take the pork from Mr. Pomfrett's shop—she stood outside, reached her arm over, and took it—I told Mr. Pomfrett's daughter—she went after the prisoner, and I saw her come back, just as I was going into my master's shop—the pork was not found—I am quite sure I saw the prisoner take it, put it under her cloak, and go away—she was brought back in five or ten minutes.
Prisoner. I had gone twenty yards past the door—the young girl came after me, and said I had a bit of pork—I said I had not—the prosecutor said if I would produce the pork or the money, he would say no more about it—I said I had not got it—he said he had transported seven, and I should be the eighth.
NOT GUILTY .
GEORGE COOPER . I was in the employ of Mr. Henry Imray and another, at a warehouse on Old Fish-street-hill. The prisoner was a bricklayers' labourer, employed on the premises—I have seen the lead which was taken from the premises—it had been there for a week previous to its being taken—there is 18lbs. weight of it—it is my master's property.
MARY ANN MORETON . I keep a marine-store shop opposite to this warehouse. The prisoner brought this lead to me on Saturday night, the 2nd of March, about nine o'clock—he said he was authorized by the foreman to sell it there—I bought it of him, and gave him 12s. 6d. for the whole—there was one piece we could not weigh in my scales—I had seen him at work opposite, and thought he brought it from there.
Moreton's house, where I found this lead, which I now produce—I took Moreton's husband into custody—he was discharged, and she was bound over to give evidence.
JABEZ SINGLE . I am a bricklayer. The prisoner worked under me on these premises for about five weeks—I never authorized him to take the lead away—we were all away by half-past five o'clock on that Saturday—I locked the place up, and gave the key to one of the proprietors—I paid the prisoner at the yard about seven o'clock—he must have gone back after that, and got in by getting down one of the iron gratings, as one bar was taken up.
Prisoner's Defence. On that Saturday night Moreton's husband met me, and told me to bring two small pieces of lead into his house, and he would give me a drop to drink—I had no more hand in taking it than what I tell you—the lead laid by the side of the street—I took it in for him—he gave me a shilling, and told me to give him a drop to drink—I got a quartern of rum and a pint of ale.
GUILTY . Aged 22.— Transported for Seven Years.
FREDERICK MEREDITH . I am the brother of Thomas Meredith, of Edgware-road, a corn-dealer. On the 20th of February I was at dinner in the parlour—I looked up, and saw something black behind the counter—I went and found the prisoner behind the counter, with the till open, and in his right hand were some halfpence—I laid hold of him, and he threw them into a meal-bin behind the counter—he was quite a stranger to me—I got an officer, and took him—I found the copper stated, which he threw into the bin, and at the station-house they found upon him a sixpence, which we suspect he took from the till, as there had been one put in just before, and it was then gone.
Prisoner. The sixpence was my own.
GUILTY .**—Aged 11.— Transported for Seven Years.
JOHN HOOKS . I live in Silver-street, Clerkenwell. On the 19th of February, between five and six o'clock, I was in Mr. Gregory's coal-shed—Ward came and asked for the truck—he said he wanted to take some iron to Mr. Cohen's—Mr. Gregory lent him the truck, and I followed—I saw him go up the dust-yard in Coppice-row, and climb over a wall—he got the iron from there, and took it to Mr. Cohen's—the prisoner Clarkson was there, and he drew the truck, with the iron in it—I saw the iron put into the truck—there was another person with them.
THOMAS GREGORY . My mother keeps a coal-shed in Ray-street, Clerkenwell. I was at home when Ward had the truck—I did not know him before, but he asked me for it, to take some iron, as there was more than he could carry—I asked him who it was for—he said, "Mr. Cohen"—I sent Hooks to watch him, as I suspected him—he was to pay 3d. an hour for the truck—I have seen Clarkson before.
19th of February a man, who is not in custody, came and asked me if I would purchase any old iron, and in about twenty minutes the two prisoners came with a truck, with a plate of iron, and two bars—I suspected it was stolen, and gave information—the policeman came, and they all ran away—the prisoners are two of the men—when we were shipping we employed Clarkson as an extra hand, and found him very honest.
SAMUEL BROWN (police-constable G 88.) On the 19th of February I received information that three men had offered iron at Mrs. Cohen's—I went there, and saw the two prisoners, and another who has escaped—they all ran away—I took the iron to the station-house—I took Clarkson at his own house.
Clarkson's Defence. I was in Turnmill-street—a man came by with a track, and asked me for an old iron shop—I went and showed him Mrs. Cohen's—she asked him where he got it, and he said, "It is all right, my mother keeps an iron shop"—he went to the door, saw a policeman, and ran away.
(The prisoners received a good character.)
CLARKSON— GUILTY . Aged 26.
WARD— GUILTY . Aged 21.
Confined six Weeks.
THOMAS JAMES ADAMS . On the evening of the 18th of February I was on Clerkenwell-green, and felt something at my pocket—I put my hand down, and my handkerchief was gone—I turned, and saw the prisoner with it in his hand, stealing away—I took him instantly—this is ray handkerchief—(looking at it.)
RICHARD INGLEDON . On the 18th of February I saw the prisoner, and another boy, on Clerkenwell-green, attempting several gentlemen's pockets—I missed them in the crowd at the hustings, and then saw the prosecutor bringing the prisoner out.
(The prisoner received a good character.)
GUILTY . Aged 16.— Confined Three Months.
WILLIAM BRYANT . On the 28th of February I was passing the prosecutor's shop, and saw the prisoner in the act of taking these boots, which were on a nail, outside the shop—I passed on to the end of the premises, and stopped—he came towards me with the boots, then turned, and ran away—I pursued him to Sutton-street—I then cried out, "Stop him"—he threw the boots down, I took them up, and still followed him—
he was stopped in Wilderness-row, but the mob assisted him in escaping—I said, "If you let him go, I shall pursue him," which I did till he was taken—the prisoner is the person.
Prisoner. I had been taking spirits on account of the trouble I had on my mind—I really did not know what I was about.
(The prisoner received a good character.)
GUILTY. Aged 25.—Recommended to mercy. Confined Six Weeks.
987. SARAH SINGLETON, JOHN JONES , and JAMES SMITH , were indicted for stealing, on the 19th of February, 1 jacket, value 3s.; 1 pair of trowsers, value 4s.; 1 pair of shoes, value 5s.; 1 pair of braces, value 6d.; 1 penknife, value 6d.; 3 books, value 3s.; and 1 shilling; the goods and monies of Frederick Bye; and that Smith had been before convicted of felony.
FREDERICK BYE . I live in Titchbourn-court, Holborn, with my father. On the 18th of February I was in Gray's Inn-lane, about half-past ten o'clock in the evening—I saw Singleton there—I asked her if she could tell me where I could get a cheap lodging—I had left my father's home, because I had stolen a few things from my father—Singleton took me to a house, in Carrier-street, St. Giles's rookery—I was to give eightpence for my lodging—I went there, and went to a room with her—the other two prisoners came, and we all four slept in one bed—I stripped, and went to bed first, and put my clothes by the side of the bed—Jones and Smith got up first in the morning—I remained in bed with the prisoner Singleton—I did not watch Jones and Smith dress themselves—when they were dressed, they went away—Singleton got up about ten minutes after them, and she went away—I remained in bed about five minutes longer, and when I got up, all my things were gone, every thing stated in the indictment—I had nothing left but my shirt that I had slept in—I lost 1s., and three duplicates—Jones had put on my trowsers, and left his—I went to the station-house—I saw the prisoners again on the evening of the 19th, and Jones had got my trowsers on then.
Jones. It being dark, I put on his trowsers instead of my own.
JAMES GILLING (police-constable E 159.) On the 19th of February I apprehended the two male prisoners at the Clarence theatre—Jones had these trowsers on him—I have found no other property—both the prisoners said they had sold the other things; that they were gone far enough, and that they might as well be lagged first as last.
JOHN FREEWEEK . I lodge in the house which the prosecutor was taken to—I know the prisoners by their living there—on Monday night, the 18th of February, between ten and eleven o'clock, I saw Bye standing at the prisoner's room door—he was then decently dressed—I went into the yard, and heard the voice of a female say, "Boy, don't go away"—he said, "I am not going away"—he entered the room, and they began to sing till they went to bed—the next morning I saw Bye with nothing but his shirt on.
Smith. Singleton knows nothing about it—Bye is a returned transport
himself—he was transported for seven years, and got off with eighteen months.
SINGLETON— GUILTY . Aged 20.
JONES— GUILTY .* Aged 18.
SMITH— GUILTY . † Aged 21.
Transported for Seven Years.
OLD COURT.—Friday, March 8th, 1839.
Third Jury, before Mr. Sergeant Arabin.
WILLIAM HARVEY . I am a bricklayer. On the 16th of February, about twenty minutes after seven o'clock in the evening, I was in High-street, Whitechapel, and, passing Mr. Hutchins' shop, heard a noise at the iron bar—I turned my head, and saw the prisoner throw a shawl down, and run off towards Whitechapel church—I picked the shawl up, gave it to a person in the shop, and pursued the prisoner with several others, crying "Stop thief"—I did not lose sight of him—he stopped in a crowd, and then turned back—I kept alongside of him two or three hundred yards—he walked through a public-house—I followed, but not seeing him in there, and knowing there was another way out, I went round the other way, and took him, and told him he must go back with me to Mr. Hutchins'—I am sure he is the same person.
Cross-examined by MR. CLARKSON. Q. How far from Mr. Hutchins' door did the shawl drop? A. Very near; within a foot or two—the shawls were fastened to the iron bar, which I heard move.
WILLIAM HENRY HUTCHINS . I am a linen-draper, in High-street, Whitechapel. This is my shawl—(looking at it)—it was hanging with others over a shawl-stand, pinned to an iron upright, which goes from the ceiling to the floor—it must have had some force to pull it down.
Cross-examined. Q. Was it inside or outside the shop? A. Inside, about four or five feet—I was in the shop at the time—the shawl has my mark on it—I have no partner—I had one, a gentleman in the City, but he ceased to be so about twelve months since—the firm was Hutchins and Co.—that name remained up till the 14th of January, when I altered it to Hutchins only—I am not now in partnership with any body—a gentleman lends me a sum of money to work the business, for which I pay him interest—I am alone responsible to my creditors—no one has any interest in the business but myself—I have had no partner for the last twelve months.
GUILTY .* Aged 18.— Transported for Seven Years.
GEORGE BARTHOLOMEW . I am a hearth-rug manufacturer in Little Moorfields, and have partners—the two prisoners and the witness Dean, were employed in my manufactory—I did not miss the rug till my attention was drawn to it.
REUBEN DEAN . I worked for Messrs. Bartholomew, with the prisoners. One Monday night, about six weeks ago, about half-past five o'clock, they both spoke to me, and asked me whether I would take a rug out and pawn it—I told them no—I was outside with Taylor, and Orange gave it us through the iron bars—Orange afterwards came out, and we all went into Finsbury-square to the pawnbroker's—Taylor went in with the rug—I and Orange remained outside—Taylor came out and said the pawnbroker desired him to send for his father—we were all going down the street, and were taken into custody—I told this story before the Magistrate.
WILLIAM HORGOOD . I am a pawnbroker. Taylor brought this rug to me, and asked me to lend him 6s. on it—I asked him who it belonged to—he said, to his father, who was a cabinet-maker, and that be himself was a cabinet-maker, and his name was Matthews—I told him to send his father to me—I sent my lad to watch him—he saw him join the other two, and they were brought back to my shop.
(Property produced and sworn to.)
TAYLOR*— GUILTY . Aged 14.
ORANGE*— GUILTY . Aged 15.
Transported for Seven Years.
Before Lord Chief Justice Tindal.
NOT GUILTY .
(See Fourth Session, page 576.)
991. THOMAS WILLIAM MILLER was indicted for unlawfully, maliciously, and feloniously assaulting George James Harris, on the 10th of February, and striking, cutting, and wounding him upon his head, with intent to maim and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
GEORGE JAMES HARRIS . I am a journeyman-baker, and live in Duke's-court, Bow-street. On Sunday morning, the 10th of February, I came from the East-end of the town, and went to a public-house in Newcastle-court, Strand, for about two hours—I did not see the prisoner there—I left about twenty minutes before six o'clock, and went to No. 3, in the same court, nearly opposite the public-house—I did not go into the house It first—there was a young woman standing at the door of No. 3—I merely asked her how she did—I had not been there more than half a minute before the prisoner struck me with a stick while I was standing outside the door—it gave me a slight scar on the forehead, and struck me on the left shoulder—he came from the front parlour of the house—I followed him into the passage, and from the passage into the room he came from—he must have known that I was following him, for before I could get up to him, he took the poker from the fire, and struck me on the left side of the head—I had got into the room, but not close up to him, not to touch
him—the blow caused me to fell on the ground senseless—I bled a great deal—I never saw the prisoner again till be was in custody, about six o'clock I was taken to Bow Street first, and from there to Charing Cross Hospital, where my wound was dressed—I went to bed, and remained in the hospital a fortnight—I was then discharged as being better, but was not able to work then.
Cross-examined by MR. PHILLIPS. Q. Had you been up all night? A. Yes, with Brimley and Palmer—we had not been into any public-house, from the time we left our friends at the east end of the town, till we got to Newcastle-street—we had only been in two altogether that night, I am sure of that—I had not been knocking at the doors and windows in Newcastle-court, or insulting any young woman there—I never went by any other name than Harris—I never went by the name of Harrison—I swear that—I never took out a summons in that name—I lived with a person named Henshaw—I was quite sober on this night—I never knew the prisoner before this—he came and struck me, without my saying any thing to him—no words had passed between him and me, or either of my companions—I left off work at seven o'clock that evening, and came to the west end of the town—I was not out all night drinking, I was at home a good part of the time, where I have been lodging for the last fortnight—I did not go to bed that night—I met Brimley about ten o'clock that night, at No. 3, Duke's-court, Bow-street, which is a cow-keeper's—I frequently go there, and sleep there once a week, on Saturday nights—I work at No. 120, Whitecross-street, and used to live there—I lived there at the time of this transaction, and worked and slept there—I have a fancy for sleeping is Duke-court once a week—it is a very respectable house—it is kept by a relation of mine.
Q. How did it happen you did not go to bed alt that night? A. Because we stopped out later than we could get in—I tried to get in—Brimley was with me when I tried to get in—I did not drink any thing in this house—I left at eight o'clock at night, with Brimley, and went with him to a public-house in Bartholomew-square, St. Luke's—I do not know the sign—we had several pints of half-and-half there, I cannot say how much—I was sober—I should say I paid 1s. or 1s. 6d. for what I had there—we left at one o'clock—we did not get there till ten o'clock—Palmer joined us there—we left together—we then went home to Duke's-court, and knocked at the door, but could not get in—we then went to the public-house in Newcastle-court—we got there at four o'clock and staid till six—we had two pots of half-and-half and a quartern of gin there—we were perfectly orderly in Newcastle-court—we molested nobody—we did not knock at any doors or windows, or disturb any female—we did nothing that night but walk about to these places.
GEORGE PALMER . I am a journeyman baker, and live in Silver-street, Wood-street, Cheapside. On the 10th of February I was with Harris and Brimley, at Newcastle-court, Strand—when we came out of the public-house, I was talking to another young man, who had not been with us before—he is not here—Harris then went towards the top of the court—I then heard a row, and saw Brimley enter the house—I believe it was the third door on the right-hand side—I followed him in, hearing the row, and saw Harrison standing by the prisoner, bleeding.
Q. What did you call him? A. Harris, not Harrison—I am not particularly acquainted with the name—he was standing upright—I saw the
prisoner strike Brimley on the hat with the poker—I went to his assistance, and tried to rescue the poker from the prisoner—he got the best of me, and ran out of the house with the poker, and I after him—the prosecutor was then in the house bleeding—I cannot say whether he was sitting down or standing, for my attention was directed to the prisoner—I followed him till the policeman stopped him—about ten yards before the policeman sewed him, he saw the policeman draw his staff, and he dropped something of the sound of iron—the policeman took him into custody, and desired me to assist him, as he seemed rather afraid of the man—I did so, till another policeman came to his assistance—after the policeman took him, the prisoner said, "I know I have done it, and am sorry for it"
Cross-examined. Q. On your oath, did not he call out for the police as he was running? A. Not as I heard—I called, "Police"—I was within, I should say, three yards of him, from the time he left the house till the policeman caught him—if he had called "Police" I must have heard him.
Q. How did you happen to slip out the name of Harrison just now? A. A thing may slip out—it was mere accident—I might have said so—it was mere chance—I first met the prosecutor and Brimley about ten o'clock, at the White Bear, in Bartholomew-close, or square—they found me there—it is a house of call—I belong to a club there—I had something to drink, I cannot say how much, it was half-and-half—they drank with me at times—I do not know what they drank—they had not any gin there, to my recollection—we left there about one o'clock, and went from there to Newcastle-court—we loitered about, because we found it too late to get to our lodgings—I parted from them to go to my lodgings, and met them again in Newcastle-court, about four o'clock—I was not doing any thing particular from one till four o'clock—I was walking about the street—it was by accident I met them in Newcastle-court—we bad two pots of half-and-half there, and a quartern of gin, as we left the bar—we left there, I should say, at twenty minutes to six o'clock—we were quite orderly and sober—there was no disturbance or knocking at the doors in the street—when I saw Harris in the house bleeding he was standing up—I did not speak to him, or he to me—I did not notice whether he was stanching the wound with any cloth, or any thing—he was not lying senseless on the ground—it is a house of ill fame, I believe—I was never in it before—I have found that out since—I had heard of it before.
GEORGE BRIMLEY . I am a journeyman baker, and live at Swallow-street, Regent-street. On. the night of the 10th of February, about twenty minutes to six o'clock, I left the public-house in Newcastle-court, with Harris and Palmer—there was a young woman standing on the opposite side of the way—I saw Harris make towards her—we had not been out of the public-house above a minute before I saw the prisoner come and strike him on the shoulder with a stick—I cannot say where he came from—it was from inside the house—the prosecutor was outside the house, at the door, and the prisoner struck him as he stood in the passage—there is a step to the door—Harris was in the court, not on the step—I then saw Harris go into the passage—I walked towards the door on seeing him do so, and when I got to the door I heard a noise—they were out of the passage then, in a room on the right hand—I walked in, and when I got to the room door which opened into the passage, I heard a noise like iron moving, and saw Harris and the prisoner scuffling together—I immediately went towards them, to Harris's assistance, and saw the prisoner
strike Harris on the head with a poker—he struck me also, and had it not been for my hat I dare say I should have had a cut—the blow Dearly knocked Harris down—I cannot say whether he was quite down, for I ran to his assistance directly—I was nearly down myself, and by that time the prisoner had made his escape out of the house, before I could recover myself—I saw him run out at the door, and followed him—I believe he had the poker in his band, but I cannot positively say—Harris was bleeding from the head very much when I ran out after the prisoner—we both came out of the house nearly together—he came out very little after me—I ran after the prisoner a little way, but stopped for Harris—he came out of the house, and walked as far as he was able, to the end of the court, and then stopped, from the loss of blood, I suppose, which made him faint—I had observed Palmer follow me into the house—I cannot say what he did, because as he got into the house I had the blow on my hat, and by the time I could recover myself he and the prisoner were both gone—I did not observe Palmer endeavour to wrest the poker from the prisoner.
Cross-examined. Q. Had you got the blow before Palmer came in? A. No, after—I saw him come in clear enough—I did not see him attempt to do any thing before I was struck—I have known Harris between three and four years—we went out together that evening to see a few friends—I first saw him about six or seven o'clock that evening, and went to the east-end of the town—we went to a public-house in Bartholomew-square—that was not the first public-house I went to with him—the first public-house we went to, was the Adam and Eve in Jewin-street—I think we got there about nine o'clock—we did not stay there more than half or three-quarters of an hour, and we went from there to the house in Bartholomew-square—we met Palmer there—I cannot say whether he was there when we went in—I drank with him there—we had a pint, or perhaps two pints of half-and-half—we did not have four—that was the only liquor I had—what the rest had I cannot say—I did not hear them call for any spirits—I drank no gin as I left the bar—I cannot say what they did—I left with them—Harris and I then walked through Smithfield—we lost Palmer in Smithfield—we walked up Holborn, through Lincoln's Inn-fields, into the Strand, and into Newcastle-court—we had a glass of half-and-half each there—before that we went into a public-house at the corner of Red Lion-street, Holborn—that was about two o'clock—we did not stay there more than twenty minutes, I should think—we had some half-and-half, or porter there—we then went through Lincoln's Inn-fields into the Strand—Harris was with me from the time I left Bartholomew-square till I got to Newcastle-court—we never parted company—he was not two minutes from me—the first thing I saw when I went into this room, was Harris and the prisoner scuffling—I saw the blood running down Harris's face—I do not know which I saw first, the bleeding or the scuffling—(looking at his deposition)—this is my handwriting—it was read over to me before I signed it—I said, "I went in directly, and saw Harris in the front parlour, bleeding from the head, and the prisoner was standing near him with the poker in his hand, and then I saw him strike Harris on the head with the poker."
Q. How do you reconcile that with sweating to-day that the first thing you saw was Harris and the prisoner scuffling, and you then saw the prisoner strike Harris on the head? A. He was bleeding from the head at the time they were scuffling together—it was about four o'clock in the morning
when we got to the public-house in Newcastle-court—it was between five and seven o'clock when I first met Harris—I never parted company with him till this occurred—he could not have gone the distance of a street from me without my seeing him—he was not knocking at any doors or windows—he was not refused admittance into any house, to my knowledge—he never went to his lodging, he knew it was too late.
COURT. Q. Do you know where his lodgings are? A. I do not know the number, it is in White-cross-street—I do not know of any other lodging where he meant to sleep that night—we went to Duke's-court, Bow-street,—that is where I met Harris at six o'clock—we did not go there at any other part of the night.
MR. PHILLIPS. Q. About what time was it you lost Palmer in Smithfield? A. Nearly two o'clock—I saw him again, accidentally, about four o'clock, at the end of Newcastle-court—that is a mile and a half from Smithfield—it is not a very public place—it is a thoroughfare.
DANIEL WELLS . I am a policeman. On Sunday morning, the 10th of February, about ten minutes before six o'clock, I heard a loud noise and cry of "Police"—I turned round the corner and saw the prisoner running furiously up Little Shire-lane—I could not discern positively whether there was any thing in his hand, but seeing the fury he was in, I drew out my staff to stop him—I perceived him slacken his pace, and he said, "Police, I called police first, I give the charge"—I took hold of his collar on the left, and said, "Never mind that, you must go back again"—in turning round I saw another man come up, he seemed to be frightened to approach the prisoner, and said, "Where is the poker, where is the poker? he had a poker, he struck my friend, and wanted to strike me"—I said, "Seize hold of him, seize hold of him, lest he should get from me"—he took hold of his opposite collar, and we returned to meet the mob—there were but very few persons in the street—I saw none but the mob, who seemed connected with this affair—I walked about ten yards, and saw the poker lay—I snatched it up and produce it—when we got to the bottom of Little Shire-lane I saw the prosecutor bleeding very much down his coat and waistcoat, and without a hat—he said, "That is him, I give him into custody"—in going along, a female came up, and said to the prisoner, "Have you got your watch safe?"—I gave her into custody of the first policeman I met—the next policeman I met, I asked to assist me, and liberate the man who came up at first, which I believe was the witness Palmer—when I met more constables, I looked round to arrest the others, but they disappeared—I proceeded to the station-house where I received this stick, I believe from the prosecutor—the prisoner said over and over again, that he had called the police, and he would give the charge, he knew Sergeant Pocock.
Cross-examined. Q. You say you looked about to take the others, what others do you mean? A. The whole of the mob—there were four or five persons I suppose in the lane, and some in the court—the narrowness of the lane would not admit of more—every house in the lane, I believe, is a brothel.
EDWARD CANTON . I am house-surgeon at Charing-cross hospital. The prosecutor was brought there on Sunday morning, the 10th of February—he had received a lacerated wound on the upper part of his face, about an inch and a quarter in length—it was less than a quarter of an inch deep
—it went to the scalp—the wound was dressed, and he was discharged in a fortnight—the wound had then healed.
MR. PHILLIPS called
LUCY DYER . I live at No. 1, Newcastle-court, Strand. I am the person the policeman took into custody—about half-past four or five o'clock on this morning, I was standing at a door, and saw seven or eight men about the court, making a dreadful riot, and knocking at the doors—two of them approached me, and I called a policeman, but there was none about—I went into the house, and shut myself in—they forced the door open, and I got a dreadful blow in my face, which made my nose bleed—this was half or three quarters of an hour before I was taken into custody—I heard a disturbance two or three times—I heard a noise in the parlour of a house in the court, as if they were fighting—the candle-sticks were thrown down, and they were all in the dark—I saw the prisoner dragged out of the parlour into the court, by the men—his watch was hanging out of his waistcoat-pocket—he was quite a stranger to me, only he was very kind in taking my part—I did not see a person come out with his head bleeding—the prisoner at last ran away, and some of the men threw the poker at him—they all ran out of the house, and I ran after them—when I saw the prisoner in custody, I went up, and asked him if he had his watch—I asked the policemen what they were going to take him for, as he had done nothing, he had only taken my part—they took me to the station-house, but I was released in a few minutes.
COURT. Q. How long before the policeman took the prisoner, had you seen him? A. About half an hour—I first saw him going down Newcastle-court—he saw I was insulted, and came up to me—I heard several knocking—I came out of the door, and asked them what they were knocking about, and one of them struck me—the prisoner then came up to me, and went into the house with me—I could not shut the door after me—they pressed it open—the prisoner pushed me in, and tried to shut the door, but they all burst in upon him, and struck him two or three times—they pushed him into the parlour, and knocked two candles out, which were burning there—I did not go in, I was so frightened—it was the room I had come out of—I do not lodge there, but had been sitting there with the landlady—she ran out into the passage—I think the landlord was in the parlour—they were all fighting together in the dark—I saw the prisoner fall down, and they dragged him out into the court—they said it was a b—good lark—they took his stick away from him, and broke it—he had a stick in his hand when I first saw him—one of the men threw the poker after him in Little Shire-lane.
WILLIAM HENSHAW . I am a baker, and live at No. 241, Strand, three doors from Temple-bar. Harris once lived with me—two years ago he summoned me in the name of Harrison—I was ill in bed at the time, and my wife attended for me, but I saw the summons—I would not believe him on his oath.
COURT. Q. Why? A. He came to me one Saturday night, about six months ago, when I was ill, and got a mob about the window—I went and said, "What do you want there?"—he said, "What is that to you, you old b—, I want you to come out and fight"—I said, "I am not going to fight with such a blackguard as you," and he kept a mob about my house for a quarter of an hour—I think he would say what is false—I did not believe a word he said all the time he was with
me—he was guilty of many depredations, cutting people's meat when I was ill in bed, and through it I lost my customers.
NOT GUILTY .
Before Mr. Justice Vaughan.
992. FREDERICK FRAKE and JAMES GIBLETT were indicted for stealing, on the 16th of February, at Staines, 1 sheep, price 2l., the property of John Goring.—2nd COUNT, for killing the same, with intent to steal the carcase.
MR. CLARKSON conducted the Prosecution.
HENRY BENTLEY . I am a policeman, stationed at Staines. On Saturday evening, the 16th of February, in consequence of information from Spelling's, I paid particular attention to the flock of Mr. Goring, in the Lammas-field—I went out, about half-past ten o'clock that night, with Lee—Taylor, our inspector, had given directions to Mr. Goring to have his sheep counted—about eleven o'clock that night I saw Giblett go into the White Lion, which is a quarter of a mile from Church-street, and saw him come out about ten minutes after eleven o'clock, with Frake, Duffin, and three others—Frake and Duffin saw me, and began to whisper together—they afterwards parted, and Frake called out to somebody, "Half-past eight in the morning"—they made answer, "It's all right," and parted—Frake crossed the road towards me, in the town—Giblett kept on the other side of the way, and went up the town, the same way as I did—Duffin went quite the contrary way—I watched Frake up the town—he went down Tilley's-lane, leading to where he lives—that is in a direction from London to Staines, leading towards Church-street, and so to Colebrook-lane—I walked about the end of Tilley's-lane, and waited there a few minutes, expecting he would come up again—he came up, and by that time Duffin had got up, and met him at the top of the lane—they went on, I followed them along to the end of Church-street, to High-street, that is in a straight line to Lammas-field, and about a quarter of a mile from it—I met Taylor, and told him what I had seen—I and Lee went the back way to the Lammas ground, and waited there for Taylor—we found out where the sheep were in the field, and watched them until a quarter past one o'clock—they were at that time in an undisturbed state—at a quarter past one o'clock we came away, and Lee went home—I went up the town with Taylor, and remained in the town a little time to see that ell was quiet—about two o'clock we went back again, and found the sheep as we had left them, all quiet, and in the same place—we returned again to the town, went back about half-past three o'clock, and then found that the sheep had been driven a considerable way from where they had been, across the road into another field—it is an open common there—we searched round the field, but could see nobody—we then went towards Giblett's house, at the corner of Black Boy-lane, which comes into Clarence-street and Church-street—I waited about by Giblett's house till about twilight, and at ten minutes after six o'clock, I saw Frake and Giblett coming together up Church-street, as if from the Lammas-field—Taylor was with me—we observed that Giblett had something under his coat, under his right arm—when he saw us, he seemed to try to avoid us, by going across the lane—the moment they saw us, they moved off, and tried to avoid us—when Giblett came to where he should turn to go to his own house, he went quite in a contrary direction, along the Laleham-road, and Frake went down the town, towards his own house—I went
down the Laleham-road after Giblett—I lost sight of him for a second, in consequence of a projection in the road by a school—I followed, and when I got sight of him again, I found he was further a-head of me than before, he must have quickened his pace—I came up with him about a quarter of a mile down the lane—he had passed by the school-house, and by the orchard—I called, "Giblett" after him—he said, "Hollo"—I said, "Where are you going to?"—he said, "To get turnip-greens"—I said, "Do you stop out all night to get turnip-greens?"—he said, "No"—I said, "You have been out all night"—he said he had not—I said, "What were you doing in Church-street with Frake?"—he said he had not seen Frake—I then asked him what that was he had under his arm—he said, "Nothing"—I said, "You had something"—he said, "You may search me if you like"—I felt down his coat, and could not find any thing—I asked him if he had got a knife—he said, "No"—I said, "What were you doing with Frake in Church-street?"—he said he had not seen Frake—I said, "I am sure I saw you come down Church-street"—he said, "You night see me, but I have not seen Frake, I came down on the moor to get turnip-greens"—I said, "Turnip-greens don't grow on the moor"—I told him to come up into the town with me, which he did—he held his hands down by the side of his coat—I said, "What is the matter with your hands?"—he said, "Nothing"—I said, "Let me look"—he put up his right-hand, and it was all over blood, back and front; the inside, and round the outside of the finger nails—the blood was quite damp, as if it had been fresh, and between the fingers also—I asked him to show me the other hand, that was all over blood also, but not so bad—I asked how he accounted for it—he said he had been dressing a sheep's head over night—I asked him where he bought the sheep's head"—he said he did not know, for his wife always went to market—I then told him I strongly suspected he had stolen one of Mr. Goring's sheep, and I should lock him up till I ascertained it, which I did—this was about ten minutes after six o'clock in the morning, between the lights—I afterwards went with Taylor to Giblett's house—I did not see Giblett's wife—I found no sheep's head there—Taylor and I then went to Frake's—we found him at home with his shoes off—I observed blood on his hands, which appeared fresh—it was noticed to him, and he laughed at it—we took him into custody, and gave information to Mr. Goring—I was present about seven o'clock that morning, when a sheep-skin, the feet, and part of the entrails was found in the Thames, which joins the Lammas-field—they had been tied together with string, and thrown in—a sheep's head was left with me by a young man named Denyer—I took it to Mr. Goring's, about ten o'clock that morning, and saw it compared with the skin, which was taken out of the Thames—the lip of the sheep, where there had been no wool, had been starred down—part of the flesh remained on the lip, and part on the skin.
Cross-examined by MR. PAYNE. Q. Where is the Lammas-field? A. At the back of Staines church—I did not search for a sheep's head or any thing at Giblett's—I have been at Staines sixteen months—Giblett has been there all that time—I asked him all these questions before I told him I took him into custody.
MR. CLARKSON. Q. Why did you not look for the sheep's head at his house? A. Because we knew he had not been home—he had gone on by his house, and could not have got in without my seeing him.
Spellings; and on the Thursday before this I received further information from him, in consequence of which I and my men were on the look-out about the Lammas-field—my attention was culled to the two prisoners and Duffin, about a quarter-past eleven o'clock on Saturday night, going down Church-street—I knew their persons perfectly—I first saw Frake and Duffin coming down the town in company together when I was going up Church-street—it would lead them to the Lammas-field—in consequence of information I placed Lee and Bentley at the Lammas, the back way, and I went down Church-street, to see which way Duffin and Frake went—I lost sight of them in consequence of having some conversation with a man—I joined Lee and Bentley again, in about ten minutes or a quarter of an hour, at the Lammas—we remained there till a quarter or half-past twelve o'clock—I then sent Lee home, and Bentley and I left for a short time, and went down the town—we went from the town to the Lammas at different times, and at three or four o'clock in the morning found the sheep disturbed, and looked about to find who was concerned—about ten minutes after six o'clock I was standing opposite the turning going down Church-street, and heard some body coming up Church-street—it was not quite light—Bentley was with me—I went towards the place, and observed Giblett and Frake—I have not the least doubt of them—they were coming in a direction from the Lammas—we were standing opposite the turning which leads down to Giblett's house—the prisoners separated very abruptly—Giblett went away from his own house down the Laleham-road, and Frake went towards his own house—I directed Bentley to go after Giblett, while I went to Frake—I asked him where he had been all night—he said, "In the field"—I said, "What field, and what did you do there?"—he said he had been sleeping in a field at the back of Murrell's-mill—that is about two or three hundred yards from his own house——I told him I had been watching for him, and considered he had been out thieving all night—he said, "Well, you know very well where to find me if you should want me"—it was a bitter cold night, and frosty—I saw him go down towards his own house—I then went down the Laleham-road after Bentley and Giblett—I afterwards saw Giblett's hands examined—they were bloody, and appeared damp in some parts, particularly between the two fingers—(when I saw him in Church-street he had something under the arm of his coat)—I heard him say he had been dressing a sheep's head overnight for his supper—he said he went out at four o'clock, and had not been out at night—the police sometimes go off duty about four or half-past four o'clock in the morning—people who an watching us would know that—he said he had been out on the moor to get turnip-greens—there are none there, it is a large common—he was locked up—I then went to Frake's—I examined his hands, and there was blood on them—I said, "Why, Frake, your hands are bloody"—he said, "Are they?" or words to that effect—the blood appeared in the same state as Giblett's as to freshness, but not in quantity—I locked him up, and caused information to be given to Mr. Goring—about eleven o'clock the sheep were brought from the Lammas—he described directly that be had lost a bell-wether sheep—I was present when the skin was found in the Thames—I saw the place where the sheep had been killed—it was in the field adjoining the Lammas-field—both fields bound the Thames—I saw the head compared with the skin, and there is no doubt the skin had belonged to that head—I afterwards saw the carcase, and saw the joint compared
with the bead where they had been parted—I have not the slightest doubt the head belonged to that sheep.
Cross-examined. Q. Did you make any memorandum of the questions you put and the answers you got? A. No; the field in which the sheep was killed I think bounds the county—it is in Buckinghamshire—the Lammas is in Middlesex.
THOMAS GORING . I am a butcher at Staines. On Saturday night, the 16th of February, my father had sixty-four sheep in the Lammas-field—I had been cautioned by the officers to count than—on Sunday morning, in consequence of information, they were counted again, and there was one missing, which had a bell round its neck—I afterwards saw a skin found in the river—on examining it I found on it the marks by which we distinguish our sheep—I afterwards saw that compared with a head produced by Brown, a cowboy—in my judgment the head had been taken from that skin—the Lammas-field is in Middlesex—there is a ditch separating the two fields, which it the division in Middlesex—it is called Shear Ditch—I afterwards found the carcase buried in a duns heap, about five hundred yards off the county—I compared it with the skin, and fitted the head on—I have not a doubt that it all corresponded—the sheep belonged to my father, John Goring—there it a deep bank to the ditch between the Lammas-field and the next field—it is impossible to get over it, but there is a gate which is not kept locked—there would be no difficulty in getting the sheep through or over that, and taking it into the field where the carcase was found—we traced the sheep by the wool all along to the gate—sheep are in the habit of remaining in the same place all night—I have no interest in the business.
Cross-examined. Q. Did you discover any signs of a sheep having been killed? A. Yes, about two hundred and fifty yards from the Lammas, and we found the bell of the sheep close by it—it was not cut up—it was stuck in the neck, and the skin was taken off very badly, not like a butcher would do it.
JOSIPH BROWN . I am a cow-boy to Mr. Holgate—his orchard is on the Laleham-road—there is a little school-room built by the road side, with a paling about five feet high. On Sunday morning, the 17th of February, between eight and nine o'clock, I was going to milk master's cows—I went into the orchard near the school-room as the cows were there, and found a sheep's head about a yard from the paling—a man might have pitched it over as he passed by—Mr. Denyer was coming along, and asked me to give it to him, which I did.
Cross-examined. Q. You did not see it come over? A. No.
RICHARD DENYER . I am a collar-maker, and live at Staines. I saw Brown with the sheep's head in his hand—I took it from him, and took it to Mr. Goring—I afterwards gave it to Lee, the police-sergeant, at half-past nine o'clock—I saw Mr. Goring compare it with the skin and the carcase, and it fitted.
ROBERT SPILLINGS, JUN . I was a drayman in the service of Messrs. Ashby, the brewers, at Staines. One Sunday morning, about a month before Mr. Goring's sheep was lost, I was in the White lion public-house, at Staines, and saw the prisoners there—Frake asked me if I wanted any thing for dinner—I said, "Yes," and asked him what he had got—he said a leg of mutton—I communicated the conversation we had to Taylor, and told him what I had purchased of them—I saw them again in the evening—on the Thursday before the Saturday when this sheep was taken, I saw
Frake at the White Lion—he asked me to give him some beer—I gave him some—he said, "We will make it all right by Sunday if we have a pull before then"—I asked what they were going to have, and said, "A woolly one?"—he said, "Yes"—I said, "One of Mr. Goring's?"—he said, "Yes"—I asked him when he was going to have it—he said, "If we don't to-morrow night, we shall on Saturday night"—I went and told Lee the policeman what had passed—Frake told me to be at the White Lion on Sunday morning, by half-past eight o'clock, to receive a leg of them—on the Friday evening I was coming home with the dray through the town and met Frake coming up Church-street from the Lammas, where the sheep were—he said he had been and looked out a good one—I went after the police to tell them, but they were out on duty, and I told the watchman—I had regularly told them what passed from time to time—Frake had told me on Thursday night what time the police came off duty—he said, "We can always beat them, we know what time they come off duty, between four and five o'clock in the morning"—on Saturday evening, as I was going home from the White Lion, about a quarter before eleven o'clock, I met Giblett—he asked me if I had seen Frake any where—I said, yes, I had, and I had been hunting after him—I told him Frake was at the White Lion—he said, "I hope he ayn't gone down the field, for the policemen are gone that way, and if he does not mind what he is at, they will nick him"—I was in the tap-room of the White Lion on Saturday night, and so was Frake, but I was gone home before they parted—I did not hear any thing said about "It's all right."
Cross-examined. Q. Did you go and tell the Magistrate of this? A. No, this is the first time I have given evidence on oath—I am a native of Staines—I had been in the public-house about four hours on the Saturday night—I left at a quarter to eleven o'clock—I was not drinking all the while.
Frake. Q. You say you saw Giblett and me there on Friday night? A. No, on the Sunday morning after Simmons's sheep was lost, not Mr. Going's—I said, If you would go down in the country with me, you could go on the Monday and bring things back—I did that to keep in with you, and to know when you were going to do the deed—I never told you so but once—I have not been offered 5l. to come here—I never told any body so, or any thing of the sort.
MR. CLARKSON. Q. Were you ever charged with any offence before a Magistrate in your life? Q. No—I have lived with Messrs. Ashby six years.
Frake to HENRY BENTLEY. Q. How could you see me and Giblett coming up Church-street, when you stood against a large building, which prevented your seeing us? A. I could see to the end of Church-street, and I heard you coming before I saw you—I was not twenty yards from you. Frake's Defence. I am innocent of the charge—I came out of this house on Saturday night, and went up the town—I came along with this Thomas Duffin—he was at the top of the town—he went as far as the top of Church-street, and wished me good night—I wished him good night, and went and laid down—I never saw Giblett till next morning, at the Cage.
FRAKE— GUILTY . Aged 23.
GIBLETT— GUILTY . Aged 40.
Transported for Fifteen Years.
Before Lord Chief Justice Tindal.
993. JAMES COLTMAN was indicted for a robbery on John Frederick Miller, on the 3rd of March, and stealing 1 handkerchief, value 2s. 6d., his goods, and, immediately after the said robbery, striking and beating him.
JOHN FREDERICK MILLER . I am a lithographic printer, and live in Pitfield-street, Hoxton. On Sunday night, the 3rd of March, about half-past eleven o'clock, I met two females in Old-street-road, near Pitfield-street—they asked me to go home with them—I at first refused, they afterwards prevailed on me, and I went into a house in Old-street-road, on the opposite side of the way to where I met them—I went up into the secondfloor front room, and staid there about twenty minutes—they were both in the room with me—one of them asked me to send for drink—I gave them 1s.—another woman came into the room and fetched some gin—I drank a very little myself—they prevailed on me to send a second time for drink—one of the women then went out, and in about two minutes after the prisoner rushed in—he either kicked or attempted to kick the female who was in the room—I told him not to hurt her, for no harm had happened—his foot was up, as if to kick her, but whether it reached her or not I cannot say—he knocked me down on the bed, and hit me several times with something hard which he had in his hand—I could not distinguish what it was—it was some dark substance, about an inch above his knuckle—the female remained in the room the whole time—there was one candle in the room—he got me down on the bed in a moment, and struck me a great number of times on the face, chest, and throat—he took a yellow silk handkerchief out of my pocket, and rubbed me down the front of my trowsers as hard as he could, feeling towards my fob—I had a watch, but it was in my waistcoat pocket, and my coat was buttoned—I had a greatcoat on, as well as a body-coat—I made an effort with all the strength I could muster, and pushed him back with my hands against the fire-place—I ran down stairs, and he after me all the way, swearing very much—I hallooed out, "Murder," "Police," at the street door—there were two women standing just within the door, at another door, which leads into a shop—there was no light, but a fire—I kept just within the doorway, with my head and part of my body out, and called out, "Murder," "Police"—the prisoner did not follow me further than to the foot of the stairs in the passage—a policeman came up to me in about a minute—I told him the circumstance—I was all in one gore of blood—I bled at least a pint from my nose—he said he must go and get somebody else, and he came with assistance in two or three minutes—I had much to do to keep within the door till he came, for the women wanted me to go out, for them to shut the door—I went up stairs with the policeman, and found the prisoner in the room where he had ill-treated me—the door was fastened—I spoke very loud to the policeman, so that he must have heard it—I said, he would have taken my life if I had not got down stairs—he said something, and refused to open the door, but in eight or ten minutes after the policemen threatened to break it open, he opened it—I then went into the room with the policemen, and told the prisoner he had stolen my handkerchief—he produced a yellow handkerchief, and asked me if that was mine—I said, very likely it was—I do not know where he produced it from—I looked at it again minutely, and said it was not mine, for I had been taking snuff all the afternoon, and mine was stained with it—my handkerchief was not found at all—the prisoner was given into custody in the room—my head was not hurt, only my face and throat—I put up my hat to save my face, and the crown
of my hat was covered with blood inside, and my eye was very much injured—I have been very bad in my chest ever since—he struck me very violently indeed.
JOSEPH FEARN . I am a policeman. I came up on hearing the screams of "Murder" and "Police," about twelve o'clock on Sunday night—I found the prosecutor at the door of No. 84, Old-street-road, which is a brothel—he was covered with blood all over, his face, coat, and all—I could not find the prisoner at the bottom of the house—the prosecutor said he thought he was up stairs—I went up to the second floor—the room door was fastened—I knocked at the door several times—the prisoner answered—I told him to open the door—he said he would not—I could hear something sliding, as if he was drawing it towards the door to fasten it—I told him if he did not open the door I would break it open, and was in the act of breaking it open as the prisoner opened it—there was a woman in the room with him—the prosecutor said he would give him in charge for stealing his handkerchief—I searched him at the station-house, but did not find the handkerchief—I found 1s. 6d. on him.
Prisoner. It is not a bad house—I have lived there five months, and never found a strange man in the house before in my life. Witness. There are regular prostitutes going in and out at all hours of the night—I searched the room after taking the prisoner to the station-house, but did not find the handkerchief.
Prisoner's Defence. I came home on Sunday evening, and found this gentleman in my room—I ordered him out, and began to accuse the female I have lived with for above twelve months, with having a strange man up in my room—the gentleman then came up to me and threatened to knock me down—a fight occurred, and I knocked him down on the bed—he hit me several times, but as to taking his handkerchief, such a thing never came into my head—he ran down stairs and hallooed, "Murder and Police"two men came up, and after a few minutes I opened the door—I said, "What do you want?"—he said he had been robbed of his handkerchief—I pulled out my yellow handkerchief and asked if it was his—he said, yes, it was—I said, "That is mine, and my name is on it, come let us go to the station-house"—when he got to the station-house he saw it, and said it was not his handkerchief—I was locked up and taken to the office next morning—as to my having any thing in my hand, there was nothing in my hand—I wished him to go out directly I entered the room.
GUILTY . Aged 29— Transported for Fifteen Years.
Fourth Jury, before Mr. Common Sergeant.
JOSEPH COLLARD . I am chief Inspector of the Great Western Railway Police. I have examined a piece of timber here—it is the property of the Great Western Railway Company—we have an Act of Parliament to enable us to prosecute in that name.
Cross-examined by MR. PHILLIPS. Q. Where is the Act of Parliament? A. I have not got it here, but it is notorious, it does not want proof.
THOMAS LITCHFORD . I am a policeman. Between four and five o'clock on the afternoon of the 11th of February, I was on duty at Acton, about one hundred or one hundred and fifty yards from the railway, and
going into a meadow I observed the prisoner cutting up a plank—I went up to him and asked how he came by it—he said he found it—I told him it was the property of the Great Western Railway Company, and I should take him to the station-house.
Cross-examined. Q. You thought he was stealing it? A. Yes, and took him into custody—I am certain of that—I secured the timber and let him go about his business—I could not secure him and the property too—he said he was going for his waistcoat, and I let him go—I took him into custody at the time, and took the axe from him—he did not tell me he was cutting up wedges for the railroad—he told the Magistrate so—I have been drinking but very little to-night—I am not drunk—I know the prisoner very well—he was working on the railroad.
CHARLES MILES . I am a policeman. I took the prisoner in charge for stealing some sheets—I asked him if he lived at Acton—he said he did not know Acton—I took him there, and the sergeant recognised him as having taken the plank a week before—he gave his name as Lovegrove to me, but at the station-house he said Shepherd.
Cross-examined. Q. Did not the Inspector ask you if you had told the prisoner the charge, and you said no? A. Yes, the sergeant then said to the prisoner, "You answer the description of a person who slept at the George Inn at Acton, a fortnight ago, and stole a pair of sheets"—he said he never slept at Acton, and knew nothing of the sheets—he then gave the name of Shepherd.
NOT GUILTY .
995. ELIZABETH ANN BROWN was indicted far feloniously taking away Sophia Edwards, a child, 4 years of age, with intent to steal 1 pair of boots, value 2s., the property of John Edwards, then being on the person of the said child.
SARAH EDWARDS . I am eight years old, and live with my father and mother, in Brook-street, Rateliff. On the 9th of January, I was in White Horse-street, Ratcliff, with Sarah Ann Brown—I had a little sister with me, named Sophia Edwards—the prisoner came up to me and told me to go down a street to borrow sixpence of her aunt, and she would stand round the corner, because she did not like her aunt to see her—she took my little sister and set he on the bank, and took off her shoes after taking her away—I cried and told some women, who ran and took my sister away.
REBECCA HILL . I am the wife of Robert Hill. About two o'clock that afternoon, I was at my window, and saw the prisoner go by with the two children—she had the little one in her arms—I watched her, and saw her send the witness down the street—she stopped a minute, then ran down a lonely alley with the child, between two banks—I ran out, and saw the witness come out of the street crying—I asked if she knew who had got her sister—I went with a neighbour and found the prisoner sitting on the bank with her hands down at the child's shoes—I asked if she knew the children—she asked what business I had to come after her, for her aunt lived at the child's house, and that she had brought them from Love-lane, and then she said she would muzzle me.
MARY EDWARDS . I am the mother of this child—I sent her out with my daughter—she had a pair of nearly new boots on—they were gone about an hour and a half—I began to get uneasy, and sent my eldest daughter after her—a policeman afterwards came—these are the boots the child had on—(looking at them.)
GUILTY. Aged 18.— Judgment Respited.
THOMAS FITZGERALD . I live in Golden-lane, St. Luke's. On the 19th of February, I was taking a quantity of soap, belonging to my father, Edmund Fitzgerald, into Mr. Barton's shop, in Bishopsgate-street—my younger brother was with me—I received information, went out, ran across the road, and found the prisoner with a bar of soap in his apron—I believe it to be ours, but cannot swear to it.
RICHARD FITZGERALD . I am brother of last witness—I have come from Clerkenwell House of Correction, where I am confined for a month, for running away—I was taking the soap into Mr. Barton's shop, and when I came out I saw the prisoner in custody.
Prisoner's Defence. As I was passing through the City, the prosecutor and his brother were unloading some soap—the brother gave me a cake of soap to hold for him till he came for it—I have known him more than two months—I have been with him about Shoreditch—he is very often about there—he told me to hold it for him till the cart had done unloading—a woman passing at the time told his brother of it, and he came and asked where I got it—I told him his brother gave it to me—he said he did not, and I was given in charge.
RICHARD FITZGERALD re-examined. I did not give him any soap—I never saw him before to my knowledge—I am not very often about Shoreditch—there is no truth in his statement—my brother was coming out every minute, and he must have seen—I was taking it into the shop, and my brother was outside, giving it to me.
THOMAS FITZGERALD re-examined. I did not see the prisoner before I received the information—my brother was carrying the soap in from the cart with me—we both carried it in—sometimes he did, and sometimes I did—the prisoner did not tell me directly that my brother gave him the soap—I do not know him—I do not know of my brother's being about Shoreditch—he works with me, and is occupied every day—he has been a bad boy, and my mother put him in the House of Correction for running away from home.
NOT GUILTY .
WILLIAM HENRY SMITH . I am a linen-draper, and live in Assemblyrow, Mile End-road, next door to the White Horse public-house, it is my dwelling-house, I rent it. On the 14th of February I lost 224 yards of cotton from inside my doorway—I saw it safe about one o'clock, tied up in a bundle, there were eight pieces—they formed a pile about six feet high—this is it—(looking at it)—it is worth 8l.
February I received information from the prosecutor—I went round the neighbourhood and into the White Horse public-house, next door to the prosecutor's—I saw the prisoner there, in a stooping position, with a very large black silk cloak on—there was another female drinking gin at the bar—I went out, and returned in about a minute and a half, and saw the prisoner in the same stooping position—I went up, took hold of her cloak, and said, "Have you got any thing here?"—she made no answer—I found all the prints under her cloak—she said a young woman gave them to her to take care of—I asked who she was—she said she did not know, but she used to work with her—this was about half-past one o'clock.
Prisoner. The policeman certainly took them from me, but the young woman asked me to mind the parcel for her till she came back, and she took me into the house and gave me a quartern of gin. Witness. She did not say the young woman in the house had given it to her—the other woman was not there when I went back, but that woman was not in her company.
GEORGE LAKE QUARMAN . I am barman at the White Horse. The prisoner came in with another female, who was drinking gin when the policeman came in—as soon as the policeman went out the first time, we lost sight of the other female—we did not notice her go out—the prisoner and her appeared acquainted—the woman called for half a quartern of gin, and gave the prisoner a glass.
Prisoner's Defence. She asked me to mind it, and took me into the public-house, and told me to stop there till she came back, she would not be many minutes.
GUILTY .* Aged 19.— Transported for Ten Years.
JONAS LEVY . I live at No. 48, Strand, in the house of Elisabeth Harris. On the 15th of January the prisoner came into my shop with a lad to look at a brooch—he pointed to one in a window where I had a drawer of brooches—I took out the drawer—he looked at one marked nine guineas—he said, "What is the price?"—I said, "Can't you see the figures? it is marked nine guineas"—he showed it to the boy alongside of him, and got fumbling over the drawer, and said, "Good God, are they diamonds?"—I said, "Yes, they are marked diamonds"—he said, "Oh, I don't want diamonds, I want something commoner"—I took the diamonds away, and showed him a cushion with common brooches in it—he selected one at 3s. 6d.—he fumbled about his pocket, and said, "I have only one shilling I will give you that as a deposit, put it away for me, I will call for it in the afternoon—my name is Jones"—I put his name on the paper, and put the brooch on it—they went away together—I had my doubts about them, and in the afternoon locked the drawer up in my iron chest with my other goods—next morning I got it out, and missed a diamond brooch worth 6l.—it was not the one the prisoner had examined, but another one—it was in the drawer when I took it out to show to him—I had not taken the drawer out between his being in the shop and my missing it, except to put it into the iron chest—nobody was in the shop but myself—it was about two o'clock that he came—he and the lad appeared acquainted—it was the prisoner that spoke and did every thing, and he selected the pin.
Cross-examined by MR. PAYNE. Q. Had you no customers from two o'clock in the afternoon till you locked up at night? A. No—I am quite sure the brooch was in the tray when I took it out—I did not look at it till between six and seven o'clock next morning—I compared my stockbook with the goods in the tray—I looked at the tray first, but could not ascertain my loss till I examined the book—I had never seen the prisoner before, to my knowledge—he was only there a short time—I have not a doubt about him—I read in the newspaper that a man named Jones was taken up for stealing a ring, and I went to Bow-street to see him, a fortnight ago.
JURY. Q. Did the prisoner come back after the 15th of January to purchase the brooch on which he had left the shilling? A. No—the brooch could not have fallen into my iron-chest, as I inclosed it in another box first—I had compared the stock-book with the drawer the day before the robbery.
NOT GUILTY .
LEONARD HUMPHREYS BAUGH . I am a jeweller, and live at No. 199, Strand. On the 12th of February the prisoner came into my shop with a little boy, and asked to see a coral snap—I took out the tray, on which were various rings, wedding-rings, and snaps—the little boy kept looking over the tray, and the prisoner also—he wanted a different kind of snap—the prisoner at last bought one for 5s., at the same time saying he wanted another one, which I promised to get him in a few days—on the 14th he and the boy came again—he asked if I had got the snap—I said I had not—he asked to see some ear-wires—they were on the tray which he had seen before—I. produced the tray—he bought a pair, and paid me 3s. 6d. for them—as soon as he had gone out I missed six wedding-rings—I had seen them while he was in the shop, and the moment he went out I missed them—I went out immediately in search of him, but could not find him—on the evening of the 22nd he and the boy came again—I was then by myself—the prisoner asked me, "Have you got the brooch?"—I said, "I believe my boy has got it"—I rang my bell, and went between the prisoner and the street-door—my boy came up—I told him to send my neighbour in from next door—the prisoner immediately sent me forcibly out into the middle of the street—I had not made any charge whatever, or said any thing—I just turned my head to see if my neighbour was coming, when he forced me into the middle of the street, and ran out with the boy—I ran after him, calling "Stop thief"—he was stopped in Holywell-street, and taken to Bow-street.
Cross-examined by MR. PAYNE. Q. He paid you honestly for what he bought? A. He paid 5s. for the snap, and, on the 14th, 3s. 6d. for a pair of wires—I missed the rings two or three minutes after he was gone—I was behind the counter—the rings were on a glass case between me and him—he took my attention to another part of the shop—there were eighteen rings, and other things, in the tray—I had counted them a week before—my young man came in just before the prisoner went out—he drew my attention to the tray the moment he was gone.
COURT. Q. They were all safe when the prisoner came in, and immediately he was gone you missed them? A. Yes—my shopman has
been with me five or six years—I have not had the least reason to distrust him.
GUILTY . Aged 31.— Transported for Seven Years.
NEW COURT.—Friday, March 8th, 1839.
Sixth Jury, before Mr. Recorder.
GUILTY . Aged 27.— Confined Eighteen Months.
GUILTY . Aged 15.— Confined One Month.
GUILTY . Aged 21.— Confined Three Months.
GUILTY .* Aged 17.— Transported for Seven Years.
GUILTY . Aged 19.— Confined Three Months.
1005. WILLIAM SHACKLES was indicted for stealing, on the 2nd of March, 1 knife, value 1s.; 1 half-crown; 1 shilling; 4 sixpences; and 1 groat; the goods and monies of James South: and 1 sheet, value 2s., the goods of Mary Pope; to which he pleaded
GUILTY . Aged 38.— Confined Six Months.
GUILTY . Aged 60.— Confined Three Months.
MESSRS. SCARLETT and BODKIN conducted the Prosecution.
HARRIET PAINTER . I am bar-maid at Mrs. Cross's, in High-street, Stepney. On the 19th of January I served the prisoner with something to drink which came to 1d.—she gave me a sixpence, and I gave her 5d.—I put the sixpence into the till, where there was no other I am sure—Mrs. Cross came in in about a quarter of an hour—she went to the till—there was no other sixpence there—she looked at it, and showed it to me, and it appeared to be bad—there had been no one in the bar from the,
time I received it—Mrs. Cross kept the sixpence—on Friday, the 25th, the prisoner came again—I think she had half a pint of beer, which came to 1d.—she gave me another sixpence—I put that in the till, and it was mixed with other silver—she left, and came again in about two hours—she then wanted half a pint of beer—she gave me another sixpence—I found it was bad—I told her so, and told her to wait till Mrs. Cross came down—I went up stairs with the sixpence to Mrs. Cross—the prisoner waited till Mrs. Cross came down, and asked where she got it—she said she did not know—an officer was sent for, and she was given into custody—Mrs. Cross afterwards took a bad sixpence out of the till—I am certain she is the person who paid me all the sixpences.
FRANCES JANE CROSS . I keep the Angel and Trumpet, in High-street, Stepney. Painter was my bar-maid—I looked into the till on the 19th of January, and took a bad sixpence out—there were two four-penny pieces, and one shilling in the till besides, but no other sixpence—I pot that sixpence on the mantel-piece in the bar-parlour—on the 25th Painter came to me with another bad sixpence—I went to the bar—there was a man there, and the prisoner—I asked the prisoner where she got the sixpence—she said the did not know how she came by it—I said if she did not tell me where she got it, I should give her in charge—she was very abusive, and asked me to let her look at it, which I refused, and sent for a constable—I then went and found another bad sixpence in the till—there was no other sixpence there—I put the two bad sixpences on the mantel-piece, and gave them to the constable the next morning—the last one that I took of the prisoner, I broke, and gave her one half, and the other half to the constable.
WILLIAM YEOMAN (police-constable K 57.) I took the prisoner on the 25th of January—I found nothing on her but a few rags—I found a child's sock, which was put away in a hole just outside the step of the door, and in that was 1s. 1 1/2 d. in copper—the prisoner made a snatch at it, and after that she denied any knowledge of it—I received the two sixpences, and one half sixpence.
Prisoner. I sell things in the street—I do not know where I took it.
GUILTY . Aged 47.— Confined Twelve Months.
RICHARD PERRY . I live in Porter-street, Soho, and am a coal-dealer. On the 2nd of February, the prisoner came about half-past nine o'clock, and asked for 71bs. weight of coals—she gave me a shilling—I gave her 101d. in change—I put the shilling in my mouth, and when she was gone I looked and found it was a bad one—I bent it and put it on a shelf—I then put my hand into my pocket, and found I had three more bad shillings—I put them on the shelf, but I did not mix the one the prisoner gave me with them—she came again the same night, about half-past eleven o'clock—she asked for 2d. worth of coke, and gave me another bad shilling—I asked her if she had got another—she asked what I meant—I said, "Another shilling, this won't do"—I gave her in charge—I gave the two shillings to the policeman—I had not seen her till that evening, but I took such notice of her on the first occasion as to be able to say positively she is the same person.
JOHN DUPERE (police-constable C 90.) I was catted to the prosecutor's, and took the prisoner. I got five shillings from the prosecutor, but two of them were separate from the rest—the last one the prosecutor received bad a hole punched through it in my presence—nothing was found on the prisoner, but in going along in King-street, Soho, she put her hand into her bosom and put it to her mouth—I caught hold of her by the throat, and some hard substance went through her throat, but I could not tell what it was, it appeared to me that she swallowed something.
Prisoner. I had not any thing in my mouth—I had never been in the shop till that night.
GUILTY . Aged 26.— Confined Twelve Months.
EDWARD SMITH . I am a grocer, and live in Wigmore-street, Cavendish-square. On the 20th of February, the prisoner came between seven and eight o'clock in the morning for half-an-ounce of tea—it came to 2d.—she tendered me a shilling, and I gave her ten-pence in change—as soon as she was gone I put the shilling on the counter, it bent, and I found it was bad—I put it into my pocket where I had no other silver—on the 21st she came again, at the same hour, for the same article, and tendered me another shilling—I saw that it was bad—I had the former shilling then in my pocket—I asked where she lived—she said she should not tell me or any one—I said, "If you do not I will send for a policeman"—she said, "I do not live anywhere"—I sent for an officer, and gave him the two shillings after I had marked them—these are them.
HENRY JAMES PITT (police-sergeant D 8.) I took the prisoner—on the way to the station-house, she gave me a good shilling and said, "Perhaps that is a bad one?"—at the station-house she refused to give her address.
Prisoner. The servant said to the prosecutor, "The shilling was brought back an hour after," and he said, "Speak when you are spoken to."
GUILTY . Aged 19.— Confined Six Months.
ELIZABETH POYNTINGTON . I am the wife of John Poyntington, a dairyman, in Leather-lane. On the 16th of February, the prisoner came for two eggs, they came to 1 1/2 d.—he tendered me a half-crown, which appeared good—I gave him two good shillings, and was going to give him the hall-pence—he took up the shillings with his left-hand, put them into his right-hand, then immediately put down a bad shilling with his left-hand and said, "I don't like this," and pushed it towards me—I said it was a bad one, and I did not give it him—I called my husband, and an officer was sent for—before he came, the prisoner took up the bad shilling and gave me the two good ones back—he said he did not say it
was bad—he put the same hand to his mouth with which he took up-the bad shilling.
JOHN ARCHER (police-constable G 150.) I was called, and took the prisoner—there were two good shillings on the counter—I asked the prisoner what he had done with the shilling—he said he had no money about him—I searched, and found on him a good half-crown and 4 3/4 d., and in his mouth I found three counterfeit shillings.
Prisoner. She gave me two shillings—I said I did not like one, and I took one up, and left the other on the counter—she said, "I did not give you this"—the officer took three good shillings out of my mouth, and at the station-house they passed through two or three hands before I saw them again.
GUILTY . Aged 20.— Confined Two Years.
HENRY TATE (police-constable G 133.) On Friday night, the 22nd of February, I was in Chiswell-street, about seven o'clock—I saw the prisoner in company with two women and a man—I watched them, and saw something pass from another woman to the prisoner, and those two went on towards Bunhill-row—the prisoner turned her head and saw me—she looked confused—I went up, and seized hold of her left hand, which I saw her put up to her mouth—I struggled with her till the sergeant came up, and in her hand was found a rag, with four sixpences in it—she was then taken, and said she had been led into it—that she saw them made, and if we would go with her she would show us where they were made—I took her to the station-house, and next day she told us the same—she took us to a house, and led us to a room—we burst in, and it was not there—she then took us to another room, and we burst in there—there was no one there—she then said it was another house, and then she said she did not know where it was.
Prisoner. I was very tipsy—I met a man and a woman—they took me to a house—I do not know where it was—in coming along they gave me this in a bit of rag—I never saw what they were—the woman asked me to hold it—when the officer took me—I said, "Don't hurt my hand, and I will show you what I have got"—I said, "I will show where I got it"—we went—it was in Red Lion-market, but I do not know whether it was a one-pair room or two—I never offered a bad sixpence in my life.
JAMES BRANNAN (police-sergeant G 20.) I came to the assistance of Tate, who I saw struggling with the prisoner—I saw him take a piece of rag out of her hand, which was very near her mouth—we found in the rag four counterfeit sixpences—she had been drinking, but was not drunk—I went the next morning with Tate to every house, and she pointed first to one place and then to another, and then she said, "If it is not here it must be somewhere else."
GUILTY . Aged 35.— Confined Eighteen Months.
WILLIAM SMITH . I am in the employ of Mr. Priddy, a hatter, in Fleet-street. On the 16th of February the prisoner came, about half-past eight o'clock, and asked if I could oblige him with a half-crown for 2s. 6d., which he threw on the counter—I examined them, saw they were good, and gave him a good half-crown out of my pocket—I am positive it was a good one—it was very bright, and had not been in many persons' hands—he turned his back to me, as if he had been going to the door, and then he asked me, was that a good one—I told him I would give him another one for it, which I did—he put a bad half-crown in my hand, politely wished me a good night, and walked out—I found the half-crown he gave me was very smooth—I looked at it—it was very black, and the one I had given him was very bright—I ran after him—he had got two or three yards from our shop towards Temple-bar—I caught him round with my arms, and brought him back into the shop—the bright half-crown was what I should call a new one—I marked this one that he gave me back, it is a bad one.
Cross-examined by MR. CLARKSON. Q. Was the first half-crown you gave him bright? A. Yes, very bright; and then he put another into my hand, which was a black one—I had given him the second before he put that into my hand—before he produced the one. I had given him the other—nothing was found on him, I believe, but a ring that was taken off his finger, because, when I took him back to the shop he gave me back the second half-crown which I gave him, and said, "There is your money, what do you want?"—no bright half-crown was found upon him, but he had got two or three yards from the door, and there were a good many people about.
GUILTY .* Aged 20.— Confined Twelve Months.
MR. PAYNE conducted the Prosecution.
REUBEN HALL (police-constable T 55.) I was on duty near the Bell public-house at Ealing, on the 2nd of March, at six o'clock—I saw a cart of hay there—both the prisoners were by the side of the cart, and appeared to be speaking together—the name of William Colley was on the cart—I saw Dean get on the cart, and take down a truss of hay—Tilbury, the ostler, went into the corn-house, which was four or five yards from the cart—a person can see from the corn-house to where the cart was—Dean took the truss into the corn-house, and, as he was going in Tilbury was coming out—when Dean had taken the hay in he came out, and both the prisoners went to the water-trough together, and appeared to be talking—Dean then came to his cart—I went, and asked him what truss of hay that was that he had taken into the corn-house—he said he had not taken one in, and he did not know any thing about it—I said, "Come here, and I will show it you"—I took him to the corn-house, showed it him, and said, "Now I will swear I saw you take that truss off the cart, and put it down there"—he said, "I hope not"—I said, "I will"—he said, "I hope not, as I am a poor man, I hope you will look over it"—he said he would satisfy me, and as there was nobody but Tilbury, me, and him, knew of it, I might look over it—Tilbury was at that time standing near the water-trough, about
six yards from where we were, and must have heard what he said—I went to Tilbury, and asked what truss of hay that was that the carman took into the corn-house—he said he had not seen one—Tilbury was so close to Dean at the time Dean went into the corn-house, that they almost touched one another—I took them both into custody—I then got on Colley's cart, and found two trusses of hay that were loose, not tied with ropes, besides the load of hay.
Cross-examined by MR. DOANE. Q. Were there not other wagons there? A. There was a cart of hay, or something—there was one other—Tilbury was not near any other cart but Colley's—the other cart was before Colley's—I should think the leading horse's head of Colley's cart was four or five yards from the other cart—it was Tilbury's duty to attend on the carts—when Dean took the hay into the corn-house Tilbury was coming out, in a direction to the water-trough—then Dean came out, and Tilbury made a sort of stop for Dean to come out, and they went together to the trough—I saw no other person there—the carter of the other cart might have been in the public-house—I was four or five yards from the prisoners—I was on duty, and in my police dress—I did not see Mr. Williams, the landlord—this is the truss of hay.
Q. Do you mean that here is any thing like a truss of hay? A. Yes—I will swear here is more than twenty pounds.
Dean I did not take the hay off the cart, it was by the side of it, and I went into the house with a leg of pork, after you spoke to me—I never went to the trough at all. Witness You did not go into the house, you went towards the trough, talking to Tilbury—you did not quit the spot till I took you.
JURY. Q. IS the corn-house distinct from the stable? A. It joins it—there is a way through from one to the other—the carmen do not go into the corn-house.
WILLIAM COLLEY . I am a farmer, and live at Northolt. Dean was my carter—I saw the cart loaded on the 1st of March—the hay produced by the policeman is mine—I had not authorized Dean to leave any at the Bell—he had no authority to leave any hay on the road—he was only to take one load and one truss, which I allowed for the horses—two trusses he took wrongfully.
Cross-examined. Q. Did you see the load at all? A. I did, the day before, between nine and ten o'clock at night—one truss was allowed the carter, and I saw that truss on the top—there is not quite a truss of this hay now—there is more than forty pounds weight—it has been pulled about.
COURT. Q. Is this what a farmer would call a truss of hay? A. Not at present—it was when it left my premises—I first saw it on the 2nd of March, at the station-house—it was then a truss of hay—we took it from the station-house to Brentford, and to London, it lost five or ten pounds in pulling about.
(Tilbury received a good character.)
DEAN— GUILTY . Aged 55.
TILBURY— GUILTY . Aged 22.
Confined One Year.
1014. GEORGE WALKER was indicted for feloniously receiving, of an evil-disposed person, on the 22nd of November, 1 watch, value 20l.; 1 watch-chain, value 1s.; and 1 watch-key, value 6d.; the goods of George Waite, since deceased; well knowing the same to have been stolen; against the Statute, &c.
JAMES GOLDER . I am in the service of Mr. Franklin, a pawnbroker, of Tottenham. On the 27th of November a gold watch was pledged there by the prisoner for 7l. in the name of Wilson, Windsor-terrace, he represented it as his own property—he came again in two or three days or a week after, and wanted 1l. more advanced on it—we declined to do it—he came again on the 31st of December, and sold the duplicate to the witness Phillips.
WILLIAM PHILLIPS . I live in Peter's-lane, Clerkenwell, and am a silversmith. On the 22nd of December I purchased a duplicate of a watch of the prisoner, which had been pawned for 7l.—I accompanied him to the pawnbroker's, and the duplicate was made out in my name—this is it—(looking at a duplicate)—this was on the 31st of December.
HENRY WILLIAM DUBOIS (police-sergeant N 14.) On the 7th of february I went to the house of Mr. George Waite, the prosecutor, who was then alive—I found, concealed in a room there, the prisoner's son, who was convicted last session—I had received information on the 22nd of November that this watch had been stolen, but the prisoner and his son had then absented themselves from home—we looked after them, and found them about six weeks after—this is the watch—I received it of the prosecutor after the former trial, and have had it in my possession ever since—the prosecutor is since dead—I was present before the Magistrate when he was examined on oath upon this charge against the father and son originally—I saw the deceased George Waite make this mark to the deposition—the prisoner and his son were present—they had the opportunity of seeing and hearing every thing—I know that George Waite was sworn—I know Mr. Broughton's handwriting—this is it to this deposition—the prisoner had every opportunity of cross-examining the witness—this was read over to Mr. Waite—he was asked if it was true, and he said yes—(read)—"The information of George Waite, the 12th of January, 1839. I lodge at No. 29, Weymouth-terrace, Hackney-road, and am a gentleman. I have known the prisoners for some time past, and have occupied a part-merits in their house for the last seven or eight months, and the wife of the prisoner George Walker attended upon me. On Wednesday, the 21st of November last, about seven o'clock, the prisoner William Walker came up into my room with part of a blind—he stopped in the room about half an hour, and then, as I thought, went out; shortly after, I went to bed, locking my room-door—I placed my gold watch, with chain and key attached, on the table. In the morning, when I got up, I found that my watch and appendages had been stolen, and my room door was unlocked—I went down stairs, and discovered that the prisoners were both out. In a few days afterwards, in consequence of information I received, I went to a small trunk, which I always kept locked in my bed-room—I found it had been broken open, and several articles of plate had been stolen therefrom—I do not know when these things were stolen, as I had not been to the trunk for some time past—the prisoners absconded on the 22nd of November, and I saw nothing of them till the 5th of this month, when they both came home—I sent for the policeman, and gave the prisoner, George Walker, into custody, and on the following Monday, the 7th, the other prisoner, William Walker, was apprehended—the elder prisoner admitted to me that he had pawned my watch,
and the younger prisoner admitted taking my plate from the trunk—the whole of the articles now produced, consisting of the gold watch, twelve silver tea-spoons, two salt-spoons, one pair of sugar-tongs, three rings, two gold snaps, and the cornelian stone belonging to the seal, I identify as being part of my property—the watch is worth 25l.—The mark x of George Waite.
R. E. BROUGHTON."
HENRY ALLEN (police-sergeant N 21.) On the 5th of January I was sent for to the prisoner's room—I saw him in the back-parlour, and in a few minutes the late prosecutor came down, and accused the prisoner of stealing his gold watch—the prisoner said, "I know I have done wrong, but I did not steal it, I only pawned it," and he told us where he pawned it—on searching him I found this paper, which proved that the duplicate had been changed by him—(read.)
"Memorandum, 31 Dec. 1838. Change the name of J. Wilson, of No. 2, Windsor-place, City-road, to William Phillips, of No. 28, Aylesbury-street, Clerkenwell, of a gold watch, pawned for 7l. in consideration of 1l. "
Prisoner's Defence I throw myself on the mercy of the Court.
GUILTY . Aged 52.— Transported for Seven Years.
1015. JAMES FOSTER was indicted for stealing, on the 15th of February, 2 sheets, value 4s.; 3 shirts, value 6s.; 3 shifts, value 4s.; 2 aprons, value 2s.; 1 gown, value 6s.; I flannel shirt, value 4s.; 2 nightcaps, value 6d.; 1 pair of stockings, value 6d.; 1 frock, value 1s.; and 3 pinafores, value 2s.; the goods of James Clare; and GEORGE REX , for feloniously receiving 3 shifts, value 4s.; 1 night-cap, value 3d.; 1 pair of stockings, value 6d., and 1 frock, value 1s., part and parcel of the said goods; well knowing them to have been stolen; against the Statute, &c.
CATHERINE CLARE . I am the wife of James Clare; we live in Brick-lane, Spitalfields, and keep a green-shop. On the night of the 15th of February, about seven o'clock, I put some articles of linen into my back-kitchen, on the table, and the door was shut—in a few minutes a knock came at the door, and a person asked my little girl if her mother had lost anything—I then went into the kitchen, and missed these things from the table, and some from the line—I lost two sheets, three shirts, some shifts, and the other things stated—I have since seen in the hand of the officer a frock, shift, night-cap, and shirt; they are part of what I lost.
Rex. Q. How can you swear to them? A. I know them well by my making and mending them—there was a white apron, with strings to it, which I have not recovered—the best things are all gone—they were all taken together wet.
MARY ANN PAGE . I am the wife of Isaac Page; we live at Mrs. Clare's. On the evening of the 15th of February, about seven o'clock, I was going in at the private door, and met Foster coming out with a bundle in his hand, wrapped in a white apron, and the white string was hanging down—he went towards Spicer-street—the kitchen stands at the end of the passage, out of which Foster was coming—I asked Mrs. Clare if she had lost her things—she said, "No"—I went up stairs, and then Mrs. Clare went into her kitchen, and missed them—I thought, when I met Foster, that he was some person belonging to the house—I am quite clear that he is the person.
Foster Q. What sort of a bundle was it? A. A biggish bundle.
WILLIAM ALDERMAN (police-sergeant H 7.) Foster was given into my charge on Saturday night the 16th, about eight o'clock—I took him to the station-house, and he gave his address, No. 16, Little York-street—I could find no such person there—on the following morning I heard him tell a little boy to go to a person of the name of Rex, in York-street—I went with the boy to No. 6, York-street, Bethnal Green, and found Rex the prisoner living at the top of the house—I asked if he knew a man named Foster—he said yes he did—I asked what character he bore—he said, "A very good one," that he was a rule maker, and had lodged with him about six months—I asked if he had any property there belonging to him—he said, "No, Foster has nothing but what he stands up in"—I then fetched Mrs. Clare, and searched the room—it is about five minutes' walk from the prosecutor's—I found this frock on Rex's child, which Mrs. Clare said was hers, but the bottom had been torn off, and in searching a box which Rex said was his, I found the bottom of the frock—I then went towards another box which Rex said belonged to Foster, and in that I found some other things—I found this pair of stockings hanging on a loom—Rex said he bought the frock some days ago in Petticoat-lane, and he could bring the woman he bought it of—this was on Sunday morning the 17th.
Rex I said I bought it two or three days before, and then I said on Saturday night in Rosemary-lane. Witness "Some days," was what you said.
Rex's Defence I had the misfortune to lose my wife on the Monday before I was taken—on the Saturday I was going down Rosemary-lane to buy a coat, I saw this frock, which my girl was in need of, and I purchased it.
Foster's Defence On that Friday I was coming from the West India Docks—I went down Whitechapel-road, and bought a small loaf—I went down Brick-lane with it—that was all I had in my apron.
FOSTER*— GUILTY . Aged 19.— Transported for Seven Years.
REX— GUILTY . Aged 24.— Confined Six Months.
MR. JERNINGHAM conducted the Prosecution.
RACHEL BROOKS . I am the wife of William Brooks, who is gone to America—he went in the Michaelmas week, and left me forty sovereigns and some bills that I was to get in, and to go after him—I have known the prisoner for nine or ten years, and I went to reside at her house at Southall Green, in the parish of Norwood—about the 6th of January she said to me, "I suppose you have spent five or six of those forty sovereigns"—I said I had spent three and lent one, which made four—she advised me to lock it up, as her son-in-law was out of work, and money was a temptation—I then locked the thirty-six sovereigns in my trunk, which stood in their room—on the 10th of January I went to my box, at twenty minutes before twelve o'clock at noon, to take something out, as I was going to Harrow—my box was all right, and the thirty-six sovereigns were there—I went
to Harrow and returned at nine o'clock at night—on my return I met the prisoner's husband at the door, but the prisoner was not there—her husband went to bed at ten o'clock, and I sat up till twelve o'clock, expecting the prisoner to return, but she did not—I then laid down till the morning—the prisoner's husband got up and went to work as usual—I then went to make my bed, and I noticed that the prisoner's night cap and gown were not there—I saw her box was ajar, and her clothes were gone—I then went down and said to her son-in-law that Mrs. Avenell must have run away, as her things were gone—in a few minutes something struck me to go and look if my money was safe—I went up—it was then between ten and eleven o'clock—I took out my key, opened my box, and saw my clothes had been moved—I put my hand down and my money was gone—I ran down stairs, stated that it was gone, and was going to the prisoner's husband to tell him—a lodger who was there said, "You must have mislaid your money"—I said, "I have not"—I ran up stairs, turned every thing out of the box, and it was not there—I went down, put on my bonnet and cloak, and went to Avenell, to see if he could tell me where his wife was—he disclaimed all knowledge of it, and joined me in the pursuit—we came to town by the steamer, and went to Mary-le-bone office.
JAMES HALSALL . I am an officer of Liverpool. In consequence of information, I searched the house of a person named Johnson, in Regent-street, Liverpool—I found the prisoner there on Friday, the 15th of February, a little before eight o'clock in the morning—I had written to the prosecutrix, and she had come down, and was with me—I got the landlady to knock at the prisoner's room door, and say she was wanted—the prisoner was in bed—as soon as she opened the door, I said, "Mrs. Avenell," she said, "You are wrong, my name is Hooper"—I said, "No, it is Avenell, you have committed a robbery in Middlesex, and the party is come down"—she said, "Well, I will tell you all about it, I have taken the money, and I have redeemed a quantity of things"—her stays were there, and a pocket attached to them, in which I found nineteen sovereigns and 19s. 6d.—I asked what she had done with the other money—she said, "Redeemed some things out of pledge—this watch, and some other things"—she owed a week's rent, and with the consent of the prosecutrix I paid 5s. out of the silver.
Prisoner. Q. Did I tell you I had redeemed this watch? A. Yes, this watch, a parasol, and some other articles.
Prisoner I told you I had spent the money, you said, "In what?"—I said I had been there five weeks, and it cost me 1l. a week for living, and I had redeemed some things.
About a month before she went away, I went into her house, and she said to me, "Because I am so badly dressed you think I have no money"—she went up stairs, brought down a black glove, and showed me thirty-seven sovereigns which she said she had saved out of her husband's income.
Prisoner It was laying about, and it was a great temptation to me—I did not say I had saved it out of my husband's income.
Prisoner His wife some time ago went off with another man—she came back—they quarrelled, and he struck her, and then he sold off what he had, and came and lodged at our house, and that day we were all joking
together. Witness I said, "You are joking, suppose I got a nice comfortable home for you, would you go?"—"Yes," says she, "by G—I would"—Mrs. Brooks was present—I think the prisoner meant it in earnest—she had asked me before to go with her, but she had never said about the forty sovereigns before.
Prisoner You said your wife was gone, and you wanted another—Mrs. Brooks has been a friend to me—she was with me from the 3rd of September till the 10th of January—when Mr. Ryder was in trouble she asked my husband to let him bring his things, and stop at our house—he and she were remaining there—my husband did not have so much money as he had had—I had myself to keep, my son-in-law, and my husband, Mrs. Brooks and Mr. Ryder, and all out of 14s. a-week—I was in that state, that I was about to make away with myself—the prosecutrix and I were two sworn friends—I should never have thought of robbing her, had it not been for the way I was in debt with the baker and every one.
RACHEL BROOKS re-examined. Q. Did you hear the conversation with Ryder and the prisoner? A. Yes, but there were such jokes passed that I did not think that was in earnest—the prisoner said she had 150l. in the Sinking Fund, and the interest she put into the Kensington Savings Bank, and she could raise forty sovereigns any day—she said she would sell out her money and go off with Ryder any day—we had been good friends up to this time—I never saw any thing singular in her behaviour except when she was intoxicated, which I have seen her several times.
Prisoner Never but when I was going to murder my husband, and you too.
GUILTY . Aged 38.— Transported for Seven Years.
CHARLES EDWARD KENDALL . I am a shoemaker, and live on Great Saffron-hill. On the evening of the 5th of March the prisoner came to my door, about six o'clock—he took a pair of shoes in his left hand, and with something sharp he cut the string, and ran away with them—I pursued him down Red Lion-court, and he threw the shoes into a passage—I pursued him down Caroline-court, and to Saffron-hill again—I then took him, and brought him to my shop—I then took the shoes from the passage—I never lost sight of him till a person stopped him.
GUILTY . Aged 13.— Confined One Month.
JOHN BROOKER COOPER . I live in Windmill-street, Finsbury, and am a grocer. On the 18th of February I went to my shop door, about six o'clock in the evening—I missed four bars of soap—they had been four feet within the door, on a cask—I had seen them safe just before—on the Friday following I heard of the prisoner being in custody, and received information from Archer.
had got four boys with him—they were against the shop window—I saw the prisoner and two of the boys come away from the window, and two others entered the shop, and stooped to take the soap—I saw the prisoner receive two cakes of soap from one of those who entered the shop—the prisoner put a silk handkerchief over it, and came to the corner of Hill-street—he stopped there, and another boy went with the boy that took it before—they took some more to the prisoner—I stopped to watch which way they went, and then Mr. Cooper came out, as some one went to give him information—I am quite sure the prisoner is the person who wrapped the soap in the handkerchief.
JOHN ROADNIGHT (police-constable S 167.) I was on duty in Old-street on the 18th of February, about eight o'clock—I met the prisoner with another boy—I stopped the prisoner—the other ran away—the prisoner asked what I wanted him for—I told him he had been stealing soap—he said he had not—he was then about a hundred and fifty yards from the shop.
(The prisoner received a good character.)
GUILTY . Aged 13.— Confined Three Months.
SAMUEL DAVIES . I live in Brewer-street, Golden-square, and am a cheesemonger. On the 23rd of February, about a quarter before twelve o'clock I went out, and when I came back my shopman told me he had missed a piece of bacon—I then went out for about an hour and a half, and on my return went to the station-house, and saw the bacon, which I knew.
WILLIAM HAYDON (police-constable C 41.) On the 23rd of February I was in Gravel-lane, and met the prisoner, about a quarter to twelve o'clock at night, with two pieces of bacon, with this ticket on them—I asked where he bought them—he said, in Piccadilly, but he could not tell me what shop—I took him to the station-house.
Prisoner's Defence I bought it in Piccadilly—I did not notice the ticket on it—I took it just as it was—I think I bought it in John-street, but there are so many shops, I do not know where.
GUILTY . Aged 32.— Confined One Month.
ROBERT WILLIAMS . I work for Mr. Daniel Keen, a coachmaker in North Audley-street. I took a carriage to Grosvenor-mews, on the 25th of February—it had two cushions in it—I left them safe—I afterwards saw them in the hands of the policeman—they were those I had left in the carriage.
THOMAS WELLS (police-constable C 99.) On the evening of the 25th of February, I met the prisoner in Grosvenor-market with these two cushions under his arm—I followed and stopped him, and asked where he was going with them—he said to Newman-street, Oxford-street, to a coachmaker's shop, and he had brought them from a wheelwright's shop, down a mews, which he did not know the name of—he took me down the mews, and there was a phaeton there—I asked him if he took them from that—he said he did not, but a man gave them to him—I took him about three hundred yards from where the carriage was.
Prisoners Defence I was coming through a court, a man asked me to carry them to a coachmaker's in Newman-street, and I was to have 6d.
GUILTY . Aged 19.— Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabin.
1021. JANE BURTON was indicted for stealing, on the 23rd of February, 1 tablecloth, value 14s.; 3 shirts, value 18s.; 2 shifts, value 8s.; and 1 pillow-case, value 2s.; the goods of Elizabeth Squire; to which she pleaded
GUILTY . Aged 46.— Confined Three Months.
1022. CHARLES HAMMOND was indicted for stealing, on the 14th of February, 2 coats, value 7l.; 1 desk, value 1l.; 3 tablecloths, value 10s.; 1 cloak, value 2l.; 12 yards of stained paper, value 3s.; 1 frock, value 4s.; 2 frock bodies, value 1s.; 1 cap, value 1s. 6d.; and 15 yards of ribbon, value 2s. 6d.; the goods of William Hennes Rayner, his master.
MR. CLARKSON conducted the Prosecution.
WILLIAM HENNES RAYNER, ESQ . I live in Beaufort-terrace, King's-road, Chelsea. Some months ago Mrs. Rayner was taken ill, and I went into the country—I returned eight or ten weeks ago, I think, in December—my cottage in Beaufort-terrace was undergoing repair, and I took another the while, and let the prisoner and his wife live in my cottage in Beaufort-terrace, to take care of it, from the good character I received of him—I had a wardrobe there, which had tome keys in it—it had some brass trellis-work in front of it—on the 14th of February I missed those keys from that wardrobe, and was obliged to employ a man to break open some closets—I then missed from the closets two coats, four ox five waistcoats, a desk of Mrs. Rayner's, three tablecloths, a cloak, and other articles, among which was some stained paper—I think I had from thirty to forty pieces of stained paper there, and there were not more than eight or nine left—I spoke to the prisoner about it, and told him to quit the house, in consequence of my suspicion—I cannot say that I explained to him the articles I had lost, but I went to the station-house, and explained it to the Inspector—the policemen came to the house with me just as two of the prisoner's boxes were in the act of being wheeled away in a barrow—the policemen insisted that they should be brought back, and they were examined in presence of the officer, myself, and Mrs. Rayner—some few things were found in them, but at the bottom of one of them was found a roll of paper measuring twelve yards, which corresponds exactly with the thirty or forty which I had had in the closet in my chamber—the value of all I lost was more than 12l. or 13l.
Cross-examined by MR. DOANE. Q. Perhaps much more? A. I should say from 30l. to 40l.—the prisoner had been in my house from eight to ten weeks—he had no wages—he was to have the benefit of living there free of rent and taxes—I had eight or ten workmen there, as bricklayers, carpenters, and plasterers, but I have no reason to suspect any of them—I told the prisoner to leave my house before I went to the station-house—it was his wife to whom I gave the first intimation, as I
imagined the prisoner was at his work, and she went to give the intimation to him—I cannot say whether she was present when the policemen came.
AMELIA RAYNER . I am the prosecutor's wife. On the 14th of february the wardrobe and closet were searched, and these things missed—I was present at the search of the prisoner's box—there was a child's long frock, a child's cap, and fifteen yards of ribbon, in it, which I can swear to (they had been locked in the bottom drawer of the wardrobe,) and some other things, which I believe are mine—I saw this piece of paper found in the prisoner's box—he stood over the box, with a smile on his countenance—I pointed out the articles I would swear to—I cannot say that I recollect what remark the prisoner made—the coats, and other articles of more value, have never been found—these things were all kept in the drawer of the wardrobe, and the closet—the keys were in the top of the wardrobe, with the trellis-work before them.
JAMES SHEPHERD . I am an Inspector of the B division of police. I went to Beaufort-terrace on the 14th of February—the prisoner was about to leave the house, with the boxes on a barrow—I sent the sergeant to bring them back, and they were examined—I produce the articles that were found in one of the boxes, and claimed by Mrs. Rayner—the prisoner said the caps belonged to his little girl—here is the stained paper.
HENRY KIMBER (police-constable V 29.) I was present at the examination of the prisoner's box—this paper was at the bottom of it—I asked the prisoner if it was his—he said yes, it was; he had had it some time before he came to the house, and it was given him by some man—I asked him at the station-house, "Is that your paper?"—he said no, he did not know that it was; it might belong to Mr. Rayner.
GUILTY . Aged 25.— Transported for Seven Years.
1023. JAMES KEATH and JOHN SMITH were indicted for stealing, on the 19th of February, 1 pair of trowsers, value 5s.; 1 gown-skirt, value 2s.; 1 shawl, value 2s.; 3 yards of merino, value 1s. 6d.; 1 handkerchief, value 1s.; and 3 yards of ribbon, value 3d.; the goods of David Edwards.
DAVID EDWARDS . I live in Hoxton Old-town, and am a dyer. On the 19th of February I was at home about a quarter-past eight o'clock—the door of my shop is usually kept fast, but that night it was only put on the latch—I did not see any body come in, but I found the door wide open—I shut and bolted it—about five minutes after, the policeman came, and I missed from the counter a bundle of goods, amongst which was a shawl and a handkerchief—I missed a pair of trowsers, a gown-skirt, and the other things stated—the prisoners were brought back—these are my articles—(looking at them).
Cross-examined by MR. DOANE. Q. Was the property sent to be dyed? A. Yes.
SAMUEL MORRIS . I live in that neighbourhood. I was near the prosecutor's shop that evening, and saw the two prisoners in company together—I saw Smith go into the shop and bring out a bundle—Keath was close by, and they went along Hoxton, and turned up James-street—when they went some distance down they turned back—I seeing that, thought they were coming after me—I went into the public-house, and Smith came in—
he came out again, and so did I—I then saw him go into the prosecutor's shop, and bring out another bundle—I told the officer, and they were pursued—Smith got away, but Keath was taken—he had nothing, but the bundle was found.
Cross-examined. Q. Smith ran after you? A. No—I ran into the public-house, and he came in after me—I saw the bundle picked up by the policeman—it was about a quarter past eight o'clock in the evening—I am a shoemaker.
(Keath received a good character.)
KEATH— GUILTY . Aged 20.
SMITH— GUILTY . Aged 18.
Confined Six Months.
1024. MARY ANN ANDREWS . was indicted for stealing, on the 24th of February, 1 half-sovereign, 7 half-crowns, 2 shillings, and 1 sixpence, the monies of John Roche; and that she had been before convicted of felony.
JOHN ROCHE . I am a bricklayer. At half-past twelve o'clock on Saturday night, the 23rd of February, I was at the Marquis of Granby, at Knightsbridge, in the parlour, and saw the prisoner—she was a stranger to me—I went home with her to a street in Westminster I do not know the name of it—I agreed to stop all night with her—I went up stairs to bed about one o'clock—I was sober—I fell asleep—I awoke about three o'clock—when I went there I had seven half-crowns, a half-sovereign, and four or five shillings, and three sixpences, in my coat pocket—I put my coaton a chair at the foot of the bed—a female and a man came into the room about three o'clock—they awoke me, and wanted me to leave the room—the prisoner was then gone—I took hold of my coat, and my money was gone—I cannot say whether those persons who came in might have taken it—I refused leaving the room—I put on my clothes—the two persons remained in the room, and another man came in—I staid till the policeman came—they fetched the prisoner—she said at first she had not seen me—I said I knew her, and she had robbed me—I am sure she is the person.
MARY BOUCHER . I live in Old Pye-street, Westminster, and keep the Three Compasses. The prisoner came about half-past one o'clock that night, and left 20s. with me—there was one half-sovereign, three half-crowns, two shillings, and one sixpence—she wished me to take care of it till the morrow—I had known her as a customer—I did not know her name.
ROBERT SUTTLE . (police-constable B 97.) At half-past three o'clock that morning I heard some noise up stairs at the house where the prosecutor was, and heard some one say, "I have been robbed"—I went in, and met the prisoner coming down stairs—I went up, and the prosecutor said he had been robbed—I said to my brother officer, "Go and bring that woman back"—he went and brought her, and the prosecutor said that was the woman—the prisoner said, "I have not seen you before"—when I took her to the station-house she said she had seen him at Knightsbridge—the house is a brothel—the prisoner had lived there, but had left, she knew where to find the key.
WILLIAM UPCHURCH (police-constable B 25.) I was on duty with Robert Suttle, and went after the prisoner to the Three Compasses—she was then knocking at the door there—I took her back, and the prosecutor said the was the person that had robbed him—she said she did not know him, but at the station-house she said she had seen him at Knightsbridge.
Prisoner. I met this man at Knightsbridge—I had seen a gentleman I knew before, and he gave me 25s.—the prosecutor took me to the Rising Sun, and I got very much in liquor, and remember no more till I was in the Three Compasses, and some person was giving me vinegar—I left the money there—amongst it were two of the new shillings—the prosecutor said one of his shillings was a new one, but what I had was mine—hit money I never saw.
WILLIAM WILLERMAN . (police-constable B 95.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Gibbons, the Clerk of the Peace for Westminster—(read)—the prisoner is the person.
GUILTY . Aged 29.— Transported for Seven Years.
1025. JOHN SMITH was indicted for stealing, on the 17th of february, 2 tame ducks, price 4s. 8d., and I tame drake, price 2s.; the property of John Riley; and that he had been before convicted of felony.
JOHN RILEY . I live in Caroline-court, Great Saffron-hill—I buy and sell ducks—I keep them below in the kitchen—I lost two ducks and a drake between the 17th and the 18th of February—I had seen them safe on the 17th, and lost them out of my kitchen—I had no lock on the door, only a hasp—I went on the morning of the 18th to Leadenhall-market—I found a young man with my ducks and drake—I said they were mine, and he gave them up—they were mine, but I sold them the same morning in the market—I know the prisoner by sight, he lived near Seven Dials.
Cross-examined by MR. DOANE. Q. Is not your place at Saffron-hill a considerable distance from Seven Dials? A. Yes—I am quite sure they were my ducks and drake—I have seen the prisoner selling poultry in the market, and have bought of him.
Cross-examined. Q. Is it not usual to ask persons in the market whether the things are their own? A. No, I knew the prisoner, and had bought poultry of him before.
EDWARD MABB (police-constable F 114.) On the 20th of February, I apprehended the prisoner—I told him it was on suspicion of stealing three ducks—he denied it, and denied knowing the prosecutor's name at first, he then he said he did know him, and he knew who stole the ducks, but he would not split on them, as they had a knife drawn across their throat.
GUILTY . Aged 23.— Transported for Seven Years.
MATTHEW MOORE . I am a policeman. On the 2nd of March, at a quarter to eight o'clock, I saw the prisoner in Brewer-street—he came out of Warwick-row, where Mr. Postan's premises are—I asked what he had got—he said some lead which he had just picked up—it was tied in a handkerchief—I found it was this lead.
Cross-examined by MR. DOANE. Q. Did he not lay he trying to find the owner?A. No.
HUGH KILLINOER . I am a carpenter. I know the building from where this lead was taken—I have the care of it—it belongs to Mr. Thomas Postans—I have fitted thi lead to the gutter—the nail holes correspond exactly.
Cross-examined. Q. Is there any relationship between the prosecutor and the prisoner? A. Not that I know of—the building is not finished—the roof was put on, but the slating was not done.
(The prisoner received a good character
.) GUILTY . Aged 22.— Confined Six months.
JOHN CHAPMAN . I am a glover, and live in King William-street, Strand. On the 26th of February, about a quarter-past ten o'clock in the morning, I left my shop for a few minutes, and on looking from my back parlour I saw the prisoner leaving the shop with something bulky under his coat—I ran after him into the Strand—he found I was pretty close to him, and he dropped from his coat twenty-three handkerchiefs and a scarf which had been taken from my shop window—I took them up, and called "Stop thief"—a person brought him back in a few minutes—these things cost me about 5.
Prisoner's Defence. I was standing at the door, and a boy chucked them it me—I took them up—a man ran out and said, "Thief, thief," and I pat them down again.
GUILTY .* Aged 14.— Transported for Seven Yean.
WILLIAM VINCENT . I live next door to Mr. Pearson, a cheesemonger. on the 25th of February I saw the prisoner go to the shop, and then come past our shop with half a ham in his hand—I told my master—he said, "Go and see if he is in the public-house"—I went, and he was gone—he was taken the next day—I am sure he is the person.
Prisoner. Q. If you saw me take it, why did not you call out? A. I did not see you take it—I saw you with it.
GUILTY . Aged 26.— Confined Six Weeks.
1029. CAROLINE EARLE was indicted for stealing, on the 22nd of February, 1 thimble, value 6d.; 2 rows of beads, value 6d.; 2 pairs of socks, value 4d.; 3 yards of ribbon, value 6d.; and 1 tea-caddy, value 5s.; the goods of William Smith.
MARIA SMITH . I am the mother of William Smith, of Ebenezer-place, Shackle well. This property was missed between four and seven o'clock, on the 22nd of February, from a tea-caddy in the front room—the door was on the latch—I had seen the prisoner two or three times—she lives a Church-street, Newington.
JOHN BURGESS . I am a pawnbroker, and live in High-street, Kingsland. I produce a tea-caddy, pawned with me by a young woman resembling the prisoner, about eighteen years of age, but I can hardly say that it was her.
MARY SMITH . I am the wife of William Smith. These beads are my little girl's, and this caddy is mine—I leave my mother-in-law in the house when I go out—my room is on the ground-floor—I know the prisoner—she lived servant in a house where I worked six month ago.
Prisoner. I picked the beads up.
GUILTY . † Aged 18.— Transported for Seven Years.
EDWARD GOWER BURTON . I live at Chelsea, and am a butcher. On the 1st of March, between seven and eight o'clock in the evening, I saw the prisoner come up to the front of my shop, reach over the board, unhook a piece of beef, and walk away with it—I ran after him, and saw him in a corner with two or three more—I collared him, and held him till the policeman came—just before I collared him, I heard something fall, and the beef was found there.
Prisoner. I never went near it.
GUILTY . Aged 17.— Confined Three Months.
WILLIAM MILDON . I am a tailor, and live in William-street, Pimlico. On the 24th of February, about one o'clock in the morning, I met the prisoner Jones at the corner of Broad-street, Hoi born—I was sober—she caught me by the arm, and asked me to go home with her—I went with her to Lascelles-court, leading out of Holborn, or St. Giles's, opposite
plumtree-street, into a room on the ground floor—after I got in she asked me for 2s., which I gave her—we then got on the bed—I had not been there two minutes, before I felt her hand in my skirt coat pocket, where I bad 21s., some halfpence, and a handkerchief—I jumped up as quickly as possible, and so did she, and 4s. fell on the floor—I found my handkerchief partly out of my pocket—I accused her of robbing me—the other two prisoners then came into the room, and two or three more persons—Jones made her escape—I followed her—there were two men outside—I followed Jones, and came up to her in Lascelles-passage—I seized her, and threw her down—the other two prisoners and some more persons came to her assistance, and I could see the money pass from one to the other—they did not strike me, but they released Jones from me, and kept me down till she got across the street—I had seen the money pass from her to the others—in a short time two or three policemen came—I stated the case—they went across the street, and brought the three prisoners back to me in less than two minutes—I lost 17s.—I picked up 4s. in the room, and 2s. which Jones tried to drop into an area, when she was in custody.
SAMUEL RUTHERFORD (police-constable F 118.) I was on duty—the prosecutor described the event to me, and soon after I saw the three prisoners standing in Plumtree-street—I took them, and in going to the station-house Jones attempted to throw 2s. down an area—I then saw her fumbling in her bosom, and took 6s. 6d. out of her hand.
Jones's Defence, I was not the girl that he picked up—I was in the White Hart at the time—I gave the, officer the money from my hand, and what fell was from my bosom.
EDWARD GOLDSMITH . I am a plasterer. On the 23rd, or early on the 24th of February, the prosecutor came and broke open my door, at No. 9, Salutation-court, which is very near Lascelles-court—he actually tore my wife out of the house—he said, "You b—y w—e, you have robbed me of 30s."—I told him he had made a mistake, but I was ill with the rheumatic gout at the time—it was between twelve and one o'clock—my door was partly open—I was having my supper—I am a journeyman plasterer—I worked for Mr. Cubit for seven years, and since then three months for Mr. Theobald, of Islington.
WILLIAM HORFORD . I am a basket-maker, and live in Belton-street. I was in St. Giles's on this night—I turned up the court, and heard a disturbance between Mr. Goldsmith, his wife, and the prosecutor—I was not with the prisoners—I know nothing of them, but I heard the prosecutor say to Mrs. Goldsmith that she was the b—y w—e who had robbed him, and he would give her in charge—I did not know Mr. Goldsmith before, but I met him last night again, and he said, "The trial comes on tomorrow, will you have the kindness to come and speak the truth?"
JONES— GUILTY . Aged 27.— Transported for Ten Year.
LAWLESS— NOT GUILTY .
CLYNE— NOT GUILTY .
1032. ELLEN WRIGHT was indicted for stealing, on the 2nd of March, 1 purse, value 6d.; 1 sovereign, and 1 half-sovereign, the goods and monies of James Hope Drummond, from the person of Catherine Drummond.
CATHERINE DRUMMOND . I am the wife of James Hope Drummond. On the 2nd of March, I was in the shop of Mr. Hubbert, a cheesemonger, in Whitechapel-road, at near nine o'clock at night—I went to buy a joint of pork and some butter, and in paying for them I took some silver out of my pocket—I had a purse in my pocket containing a sovereign and a half. sovereign—my pocket has a parting in it—my purse was in one side, and the silver in the other—in turning to go out I stepped on my thimble—I stooped and picked it up—my husband was waiting outside, and he said, what had I stooped for?—I said my thimble, that I had bent it, but I would straighten it when I got home—I put it into my pocket, and then missed my purse—I went back and told Mr. Hubbert—the prisoner was in the shop, and had been very close to my right side when I paid for my articles—Mr. Hubbert asked if any one was near me—I said, "Yes, the young woman in the blue bonnet," (which was the prisoner)—as soon as I said that, the prisoner was going out, but Mr. Hubbert reached his am over and stopped her—he saw my purse fall, and took it up—it was then empty—the prisoner had been as close as she could be to me, and pressed very ranch against me.
Cross-examined by MR. DOANE. Q. I believe the shop was full of people? A. There were a great many people there, but not near the butterscale where I was—I had a shawl on, not my cloak—I was five or ten minutes in the shop—I did not miss my purse till I had got out of the shop, and put my thimble in my pocket.
JAMES HUBBERT . I am a cheesemonger. The prosecutrix was at my shop—I did not observe the prisoner come in—the prosecutrix came in again and complained of losing her purse—she said that loud enough for every one in the shop to hear it, the prisoner was there, and I have every reason to suppose she heard it—when the prosecutrix said the girl is the blue bonnet was the person she suspected, the prisoner attempted to come out—she had not been served with any thing, nor had she asked for any thing—I put out my hand and stopped her—the shop was then very full—when it got clear, the prisoner was at the bottom of the shop—as she came up. I saw something go down, and I picked the purse up from under her clothes—I have every reason to suppose it fell from her, became I had looked over the shop before it fell.
Cross-examined. Q. How near was the prosecutrix to the purse when it fell? A. I was two or three yards from the prisoner, and the prosecutrix was close to me.
GUILTY .* Aged 18.— Transported for Ten Years.
GUILTY .* Aged 15.— Transported for Seven Years.—To the Prison ship.
OLD COURT.—Saturday, March 9th, 1839.
Second Jury, before Mr. Sergeant Arabin.
1034. FRANCES NICHOLS was indicted for stealing, on the 9th of February, 240 dozen boxes of matches, called lucifers, value 4l., the goods of Thomas Henry Veale Lukey and others, her masters; to which she pleaded
GUILTY. Aged 19.—Recommended to mercy. — Confined Six Weeks.
JAMES HEFFERMAN . I am a servant out of place—I sleep in Orange-court, Drury-lane. On Sunday night, the 5th of March, the prisoner slept in the same room—he got up at six o'clock in the morning, and went away—before he got out of the house I missed my hat—I got out of bed, followed him down stairs, and took it from him on the stairs—I returned to, my room, and missed my waistcoat—the landlord went after him, and I found him at the station-house with the waistcoat.
(Property produced and sworn to.)
GUILTY .* Aged 20.— Transported for Seven Year.
BENJAMIN HARRISON . I drive a cab. of which I am proprietor. On the 4th of March, between three and four o'clock in the afternoon, I was opposite my gateway, in New Gloucester-street, Hoxton—I had a great-coat in the cab, and half a handkerchief in the pocket—I was absent about ten minutes, and when I came to it again the coat was gone—this is my handkerchief—(looking at it)—it was in the pocket of the coat when it was taken—I have not found the coat—I do not know the prisoner.
RALPH WOODWARD . I am servant to the prosecutor. On the 5th of March I met the prisoner, about twelve doors down New Gloucester-street, with the handkerchief tied round his neck—I did not know him before—I know the handkerchief well, as I often wear it at night when I go out—the prisoner said he had bought it the day before.
Prisoner. I said I bought it a month ago. Witness. He said, the day before.
GUILTY . Aged 16.— Confined Six Months.
1037. JAMES MATTHEWS was indicted for stealing, on the 22nd of February, 15 yards of carpet, value 30s., the goods of Horatio Hasleham, HORATIO HASLEHAM . I am a broker, and live in Jerusalem-passage, On the 22nd of February, about nine o'clock in the evening, in consequence of information, I went out, and found the prisoner about a hundred and fifty yards from the house, with my carpet under his arm, which had been in the front of my shop—he mumbled something, which I could not understand—he walked very well—I think he pretended to be drunk.
Prisoner. Q. Who gave you the information? A. The boy next door—I was in my shop—I followed you into Seckford-street, I believe, and saw you walking along with the carpet, and laid hold of you—you did not make any resistance—there is no mark about the carpet, but I have no hesitation in saying it is mine.
Prisoner's Defence. A boy was examined at the office—the Magistrate said to him, "Is the prisoner the person who stole the carpet?"—he said, "No, he is not the man"—now that is a very material witness for me, and I expected he would be here—he ought to have been here—I had been to the house of Mr. West, a friend in St. John-street—I left about half-past eight o'clock—I live in Skinner-street, and was going up St. John-street—I turned up Ay les bury-street—a young man, who had the carpet, said, "Can you tell me the way to Exmouth-street?"—I said, "I live just there, I will show you"—he said when we got about half way, "I want to ease myself, I wish you would hold this a minute"—I had no hesitation in holding it—the prosecutor came up, and said, "Oh, you have got the carpet"—I said, "It is not mine, it is that young man's," pointing down the street—he took me into the public-house—I would have done any thing to point out the person who stole it.
GUILTY .* Aged 24.— Transported for Seven Years.
Before Lord Chief Justice Tindal
1038. THOMAS HARDY , the younger, was indicted for burglariously breaking and entering the dwelling-house of William Palmer and another, about one o'clock in the night of the 7th of February, at St. James's, Clerkenwell, with intent to steal, and stealing therein, 26 sovereigns, 14 half-sovereigns, 58 half-crowns, 200 shillings, 200 sixpences, I order for the payment of 8l. 7s. 6d., and I order for the payment of 14l. 7s. 1d. their monies and property: and THOMAS HARDY, the elder , for feloniously receiving the same, knowing them to have been stolen; against the Statute, &c.; to which Thomas Hardy, the younger, pleaded
GUILTY . Aged 13.— Transported for Ten Years.
MESSRS. PHILLIPS and CLARKSON conducted the Prosecution.
WILLIAM PALMER . I am a manufacturer of candle-lamps, and live in Great Sutton-street, Clerkenwell. I have one partner, Benjamin Helps Stacey—the younger Hardy was in our employ—on the 7th of February my premises were closed at eight o'clock in the evening—the men all leave at that time—I left in my desk, in the counting-house, twelve sovereigns, and 3l. in silver—the desk was locked—at six o'clock in the morning a person named Hunt, in my service, gave me information—I went to the counting-house, and found seven desks there broken open—I discovered that gold and silver had been taken from several of the desks—I only know myself what had
been in my own desk—I missed that, and there was none left in the other desks—I found screw-driver, a file, and a hammer on the premises, which might have effected the breaking of the desks—the office joins the ware-house, in which is a window—there was a crate of glass under that window—I caused the younger prisoner to be apprehended, in consequence of suspicion—on the 20th of February I went to the house of the elder prisoner, in company with Fink, the officer, at the corner of Vincent-street, Old-street-road—the elder prisoner was not there at the time—in a drawer in the back bed-room there we found a quantity of silver, wrapped up in a rag, to the amount of 3l. 9s., and sixpence in a box by the side of it—it was an old box, containing old shoes—I saw a woman, calling herself the prisoner's wife—on the evening of the 21st, the elder prisoner and that woman called at my counting-house—the elder prisoner said, "I hope you will be so good as not to go on with this thing, ft will be the ruin of me"—I said, "I certainly shall not stay the proceedings; and moreover, we can swear to some of the money that we have found"—he said nothing about any more money but what we had found—on the 22nd be called again, before nine o'clock in the morning, by himself and told me he had found a quantity of money in an old boot, up stairs in his house; that the silver which we had found, he himself had put into that rag; that the other money, which he then handed me, he had himself hid under a coal; that he was counting the money, and heard a knock at the door, and then the money which was found he put into that rag in the drawer, and the rest he hid under a coal—the money be then brought me was 31l. 10s. in gold, and 7l. 7s. in silver, making 42l. 6s. altogether—shortly after this he was taken into custody—I went to the station-house with him—it was the same day as he brought the money—on the road there he said that the boy got into the premises by pushing away the board—there was a board on the top of the glass crates under the window, which appeared to have fallen down—a person, by getting on those crates, could get to the window—the crates were inside the premises, under the window, and a board on the top of them had the appearance of having been pushed down from there—I cannot prove that the board had been there the day before—the boy had 6s. a week—when I first took the elder prisoner before the Magistrate he ordered him to be discharged—he afterwards ordered him to be apprehended again—I never made him any promise to induce him to tell me anything.
Cross-examined by MR. BALLANTINE. Q. I understand the 20th was the day you first went to the prisoner's house? A. It was—the boy was taken and examined that day, at Hatton-garden—no charge was then preferred against the elder prisoner—when he came to me on the 21st, and aid he hoped I would not go on with this, he alluded to the charge against his boy—I lost nearly 55l., besides the two cheques—I have never seen them since—I believe they have not been presented for payment.
MR. CLARKSON. Q. You say he called on the 21st, had you searched his house on the 20th? A. Yes—he did not come to me before I searched his house.
GEORGE HUNT . I am a time-keeper in the prosecutor's employ. I went to work on the 8th of February, a little before six o'clock—I found the whole of the desks broken open in the counting-house, and found a screw a file, and a hammer—I had left a little after eight o'clock, over
night—I alarmed my master—I imagined the premises had been entered by the window, that they were assisted up outside, and got through the window, and on some crates of glass—the window is seven feet from the ground—it could be reached by a ladder or on a man's back—one pane of glass was broken, large enough to admit the body of a man—it had been broken before, but I cannot tell whether the board had been placed against the window—I observed the board on the top of the crate, apparently having fallen from the window—I had not seen the board before.
JOHN PARKER . I am one of the prosecutor's clerks. I left the office, on the night of the 7th of February, about half-past eight o'clock—I had a desk in the office, which I locked before I left—I was not the last person there—I left in my desk 5l. in gold and 4l. In silver, as near as I can recollect—there was a shilling among the silver, very much battered, as if it had been driven over—on the following morning, when I came to the office, I found the desk broken, and the money gone—it belonged to my employers—(looking at a shilling)—I can swear to this positively, it Was amongst the silver—I saw it on the 20th, and knew it directly—I was present when the elder prisoner and his wife called.
JOHN BUTTERFIBLD . I am a clerk in Messrs. Palmer's employ. On the 7th of February I left my desk, safely locked, about eight o'clock—then was about 9l. in it—there was about 4l. in sovereigns and a few coppers—I went to the office about nine o'clock next morning, and found my desks broken open.
BENJAMIN HELPS STACEY . I am in partnership with Mr. Palmer. On the evening of the 7th of February, about a quarter before five o'clock, I left the premises, and left my desk locked—I found, by balancing my cask next morning, what was missing—I know I left gold and silver in my desk the night before—there was from ten to fifteen sovereigns, and two cheques—next morning I came to the premises before eight o'clock, and found my desk broken, and my money and cheques gone.
Cross-examined. Q. I believe the younger prisoner treated some boys? A. Yes—he treated me and another boy to the play after the robbery—I do not know of his treating boys on another occasion.
THOMAS COPELAND . I am clerk to Mr. Sturge, a coal-merchant. The elder prisoner Bad been in the habit of dealing with us in a small way for coals—I received money from him, but not always—I have an extract from our ledger which I made this morning, but I know the particulars of my own knowledge, without that—between the 6th of February and the 20th, he contracted a debt of 7l. 6s. 3d.—on the 20th of February he paid me 5l. 8s., and on the 25th 1l.—I never received so large a payment as 5l. from him before.
Cross-examined. Q. Where did you receive the 5l. 8s. from him? In Mr. Sturge's counting-house—he came to pay me—I did not make any arrangement about the times he was to pay these instalments—I do not know of any arrangement by which he ought to have paid any instalment the week before the 20th of February.
Cross-examined. Q. When did you take the younger prisoner? A. on
the 20th. between twelve and one o'clock in the day—I went to the elder prisoner's house about four o'clock in the afternoon.
(The elder prisoner received a good character.)
HARDY, Sen.— GUILTY.—Recommended to mercy by the Prosecutor and Jury. — Confined Twelve Months.
Before Mr. Common Sergeant.
HENRY STEVENS . I am a green-grocer, and live in Castle-street, Oxford-market—the prisoner was in my service. On the 8th of February I gave him a bill, to take to Mr. Clyde, and ask him for the money, which was 8s.—he returned very quickly—I asked him if Mr. Clyde had paid—he said no, he had no change—he has never given me. the money.
JAMES CLYDE . I live in Newman-street, Oxford-street, and deal with Mr. Stevens. On the 8th of February the prisoner came to me, and asked' for the money—I sent him back for the hill, which he brought, and receipted it in my presence—I paid him 8s. for his master.
Prisoner's Defence. The gentleman paid me half a sovereign—I returned him two shillings—I placed the half-sovereign in my pocket, said lost—I was discharged that evening, and not having wages enough to receive I could not make it good.
(The prisoner received a good character)
GUILTY . Aged 21.— Confined Three Months.
GRIFFITH THOMAS . I am a linen-draper, and live in Oxford-street The prisoner was working for me, behind the counter in my shop—I suspected him, followed him into the area, and charged him with robbing me—he produced this print from under his apron—he had no business to tones it—it is worth 5s. 6d.
Cross-examined by MR. HORRY Q. You had repairs going on, and he we repairing your things? A. Yes—a fellow-workman of his gave me information—he is still at work at the house—the prisoner was in the kitchen when he saw me, and went into the area, bat could not get into the street—I went up to him and said, "You axe robbing me"—he said he hoped I should forgive him, and he was very sorry for what he had some—there was a female servant in the kitchen—I could not observe whether he had been speaking to her—he must have passed her to go to the area—she has left my service—he had no jacket on—he had been rating for me for about a fortnight—there were many things of much greater value about, but he could not have taken them, without opening. wrappers.
(The prisoner received a good character.)
GUILTY. Aged 30.—Recommended to mercy. — Confined Three Months.
Church-street, Stoke Newington. On Sunday evening, the 3rd of February, I put my coat in the hall, at Mr. Foster's, about ten o'clock at night—I saw it there about ten o'clock next morning—I missed it on the Tuesday, between one and two o'clock—this is it—(looking at it.)
Cross-examined by. MR. PHILLIPS. Q. What kind of a hall it this—what doors has it? A. A door from the street, and there is an inner door besides.
PETER ROBERTSON . I am shopman to Mr. Abel, of Church-street, Hackney. I took this coat in pawn, from George Dean, on Tuesday morning, the 5th of February, about half-past nine o'clock—he asked 10s. 6d. on it, which I lent him—I asked whose it was, he said it was his brother's—I asked where he got it from—he said he bought it in town—it was redeemed on Tuesday evening, by Welch.
SAMUEL WILCH . I am pot-boy at the Woodbine public-house. On Tuesday evening I met George Dean in the fields—he asked me to have a drop of beer with him—I gave him 2s. for the ticket of this coat, and redeemed it at Robert's—I knew him before.
HENRY GRATTON . (police-constable N 153.) On the 7th of February, I was standing at the station-house steps—I did not go after any body—I received some information, and in consequence of that, I saw the prisoner, William Dean, in Church-street, Hackney—I went after him, and took him, and told him he was wanted—he asked what for—I said if was nonsense, he knew as well as I did—I was then obliged to collar him, and take him to the station-house—when he got to the station-house, be was told what he was charged with—I told him, but he denied it, and said he did not know any thing about it.
Cross-examined. Q. How long have you been a policeman? A. four years.
GEORGE DE GRAY . (police-constable N 107.) I was sent from station-house, to No. 14, Well-street, and apprehended George Dean—I brought him to the station-house—he asked what I wanted—I said my brother officer wanted him—he said, "What for?"—I said I could not tell—when I went for him, I asked him if his name was George Dean—he said, "No," but I insisted that it was, and he came with me after that.
Cross-examined. Q. What a servant-girl taken up on the charge? I Yet, the servant of the house, I believe—I did not take her—I saw at in custody—I cannot tell how long she was kept.
(The deposition of the witness Gratton being read contained the following sentence:—"I charged him with stealing a coat"—he said, "I did not steal it, a servant-girl gave it to me"—he then said, "I did not pledge it myself, I gave it to my brother to pledge.")
ALFRED JOHNSON . (re-examined) The girl is not in Mr. Foster's service now—he took her back after she was discharged—she was have last Tuesday, waiting for the trial—she is not here to-day—the Magistrate did not bind her over to appear—he did not think it necessary—the caw of her own accord on Tuesday—she was remanded once.
NOT GUILTY .
the Tower—my master had four table-spoons and nine tea-spoons—we lost time table-spoons and two tea-spoons on Tuesday, the 12th of February—(I cannot tell when I saw them safe—I know I saw them in February)—on the Thursday evening I said to the prisoner," Mary, I have lost a spoon—I have not told my mistress of it"—on Friday I went over to her, and said, "What shall I do about the spoons, have you taken them; if you will tell me, I will give you a sovereign?"—she said she had not taken then—these are them—(looking at tome.)
Cross-examined by MR. CLARKSON. Q. How long have you known the prisoner? A. Ten months—she lives with her rather on the parade in the Tower—the kept company with a soldier named Morris—I never knew say thing wrong of her.
) (The prisoner received a good character.)
GUILTY. Aged 21. Recommended to mercy.— Confined seven Days.
JANEHOPLEY. I keep a shop in Stepney. On the 24th of February, I hang this frock behind the shop door at three o'clock in the afternoon—I missed it at five o'clock—I received information, and ran after the prisoner, whom my daughter pointed out to me—I overtook him, and liked what business he had with the frock, but he had dropped it at the door when my daughter called out "Mother"—I did not see him drop it.
GEORGIANA HOPLEY . I live with my mother. About five o'clock this afternoon, I was walking out of the parlour into the shop—I saw the prisoner walk out of the shop with this frock under his arm—I called my mother, and he dropped it on the step of the door—he had moved it some distance—I am certain of aim.
Prisoner's Defence. I was passing on mother side of the road, and saw a boy run out of the shop—the girl hallooed out to her mother, and the young man ran and took hold of me, but I am not guilty.
GUILTY .* Aged 16.— Confined Six Months.
JOSEPH. HEYWOOD BROWN . I keep a lodging-house in King-street. The prosecutor of lodged with me occasionally—the prisoner also lodged with me one night—on the 2nd of March he called between six and seven o'clock, to know if he could have a bed for two or three nights—I said, "Yes"—became between nine and ten o'clock, went to bed, and in the morning, between ten and eleven o'clock) went out—after he Was gone I went up to the room, and found the snuffers broken—they appeared to have been used to try to force open a box of mine—I looked at Smith's box, and mined a coat and waistcoat from it.
into custody on Tuesday the 5th of March, and found the coat and coat upon him.
GUILTY . Aged 18.— Transported for Seven Years.
1045. MARTIN SMITH METCALFE was indicted for the sums of 17l. 14s., on the 23rd of August; and 84l. 8s. on the 15th of November; also the further sums of 17l.; 54l. 2s. 6d.; and 6l. 14s. which he had received on account of John Easthope and others, his masters: to both of which indictments he pleaded.
GUILTY. Aged 45.—Recommended to mercy by the Prosecutors.
Confined One Year.
1046. ROBERT SMITH and WILLIAM LONG were indicted for stealing, on the 8th of February, 5 pairs of slippers, value 13s. the goods of James Ennis Rose; and that Long had been previously convicted of felony.
JAMES ENNIS ROSE . I live in Lower Sloane-street, Chelsea. On the 8th of February, I lost six pairs of slippers, which were in a bundle, at the corner of my door—I saw them safe at twelve o'clock, and missed then before one o'clock—I have not seen them since.
GEORGE MATTHEWS . I live with a green-grocer in Little George-Street, Chelsea. On the 8th of February, I saw the prisoners about Mr. Roses shop—I had seen Long before—I saw him cut a string, take the slipper's and put them into Smith's black apron—they both went away—Long went round Little George-street, and Smith up Sloane-street—I an certain of them both.
Smith's Defence. I was going along, and was taken—I never spoke to Long until I was taken.
Long's Defence. I never spoke to Smith until we were taken—the prosecutor said the shoes were taken a fortnight before we were taken.
SAMUEL DILLON . (police-constable D 92.) I produce a certificate of Long's former conviction, which I got from Mr. Clark's office.—(read)—he is the person who was tried and convicted on that occasion.
SMITH— GUILTY .* Aged 15.— Confined Three Months.
LONG— GUILTY .* Aged 18.— Transported for Seven Years.
WILLIAM GRAVENOR . I am a hatter, and live in Ratcliffe-highway On the 22nd of February I had some hats hanging just inside the doom)—I went out at half-past eight o'clock—I was sent for at nine o'clock, and missed one—this is it—(looking at it.,)
Cross-examined by MR. PHILLIPS. Q. How do you know it? A. By a mark inside—all my hats have the same mark—I cannot tell that it was not sold.
WILLIAM WEBB . I live in Ann's-terrace, Old Gravel-lane. On the evening of the 22nd of February I and another little boy were standing hearing a man singing just against Mr. Gravenor's—I saw the three prisoners and another standing there—they seemed to know each other, and
were all standing together—we looked at them, and one of them spit in, the other little boy's face—Bruce and Smith walked on, and Evans stepped into the shop, and took the hat—he dropped it as he was coming, out—he picked it up again, and ran down Old Gravel-lane, in a contrary direction to what Bruce and Smith had gone—they had left him about two minutes before he went into the shop—I saw him again near King's Arms-yard, and saw him put the hat on his head—I told a policeman that I had seen.
ROBERT GEE . (police-sergeant K 179.) On the 22nd of February, in consequence of information from Webb, I apprehended the prisoners against the King's Arms, in Back-lane—they were all three together, within two or three yards of each other—I first took Smith, left him with my brother officer, and went up to Evans and Bruce—Evans had the hat his his head—I looked at it, and saw it was a new one—I took it off his head, and asked him how he came by it—he said, "That is best known to myself'—I said, "You have been into the Highway, and taken it from Mr. Gravenor's"—he said, "I have not"—Smith and Evans both said, We have not been in the Highway these three hours"—I said, "You must go to the station-house"—I took them there with the assistance of my brother officer, and fetched Mr. Gravenor, who recognized the hat, and said he had not sold it.
Cross-examined. Q. Did you tell the Magistrate that Mr. Gravenor aid he had not sold it? A. Yes—I do not exactly know whether it was taken down—I heard Mr. Gravenor say to-day he could not tell whether he had sold it—it was not on that account I said it.
SAMUEL LEWIS . I am an officer. I went to assist in taking the prisoners—I took Smith—he said he had not been into the Highway—Evans and Bruce afterwards appeared, and I took them up towards the. King's Arms to hear what they had to say—Smith asked me to allow him to step on one side—I did so, and saw his hands go up to his own hat and this cap fall from his hat—I took him to the station-house—after he got there, he told me not to be hard with him, and he would make me a present of either a crown or a pound, I could not understand which, at he was crying at the time.
(vans and Smith received good characters.)
EVANS— GUILTY . Aged 20.— Confined Three Months.
BRUCE and SMITH— NOT GUILTY .
FRANCIS RANSOM . I am servant to James Mortimer Howe, of Camden-road, Bethnal-green-road. On the 20th of February I was in Whitechapel with a truck containing a basket and a tea-chest, with four loaves of sugar weighing half a cwt.—as I was proceeding along, on turning my bead suddenly, I saw a man in he dress of the prisoner Broddock run away from behind with a loaf of sugar—I had nobody to mind the truck, so I went on further, and then I saw Broddock, and another man not in custody, following me—I turned into Houndsditch, to deliver some goods at the Bell, behind Aldgate-church, and saw Broddock pass the window, and return—he was watching me—I went to the door, to be ready if anything as taken—he came back, and laid his hand on the back of the truck—I came to the door, and saw him turn and walk on the pavement with his
companion—he proceeded down Houndsditch—I followed and gate Broddock in charge on suspicion of being the man who took the first loaf of sugar—I afterwards found Martin at the station-house, with the loaf of sugar, which I have no doubt is my master's, by a mark at the bottom of the paper, which was on it when found—it resembles the figures 44,
Cross-examined by MR.HORRY. Q. It was Broddock you saw going to and fro in the street? A. Yes; I did not see Martin till I got to the station-house, and then he was pointed out to me, and I said I had not seen him until then.
Broddock. Q. Did you see me take any thing? A. I am not certain—it was, a man dressed like you—I believe it was you—I missed two loaves of sugar.
JOHN CORNELIUS M'BANE . I am an accountant, and live in Clifton. street, Finsbury. I was in Whitechapel, about seven o'clock in the evening, and observed the two prisoners, and another not in custody, watching the truck—it raised my suspicion, and I was looking for the street-keeper to tell him—I saw them going to and fro—next day I was at Lambeth-street on business, and saw the two prisoners in custody, and recognised them as the men who had been passing the truck at short intervals, and crossing the street, behind the truck—I had left them near Petticoat-lane.
Cross-examined. Q. It was dark? A. Yes—they crossed seven times—it is not a regular crossing—I did not see other people cross is that suspicious way—the truck was not going quite in the middle of the road—I was going in the same direction as the truck—the persons were not out of my sight—they did not go on to the other side of the way, they came on the pavement again—to the best of my belief the prisoners are the men—I believe Martin is one of them, and I swear it—I followed them about one hundred yards to the City boundary, and then had to go another way.
Broddock. Q. Did you see me take any thing? A. No, I have not said so—I saw you with the other two.
JOHN MANTEL . I am a policeman. On Wednesday evening, between six and seven o'clock, I was on duty in High-street, Whitechapel, and saw Martin coming on the pavement from the carriage-way, carrying the loaf of sugar—he saw me coming towards him, chucked it down and ran away—I had not said any thing to him—I ran after him, crying, "Stop thief—my brother-officer took him—I turned back, and took up the sugar.
JOSEPH CRICKS . I am a policeman. I was on duty on this evening, and heard the cry of "Stop thief"—I saw Martin running in Essex-street, and overtook him—I asked him what he ran away for—he said he did not know, he had done nothing—after having him a few minutes, my brother-officer brought up the sugar—as I took him to the station-house, he said "Mind, I have said nothing to you.
Broddock. The sugar was taken in Whitechapel, and I was taken a Houndsditch—I never saw this man before.
MARTIN— GUILTY .* Aged 26.
BRODDOCK— GUILTY .* Aged 36.
Transported for Seven Years.
1049. JOSEPH PEMBERTON and JAMES RILEY were indicted for stealing, on the 28th of February, 3 planes, value 7s.; 5 chisels, value 2s.; 1 gimlet, value 6d.; 1 pair of pincers, value 2s.; 1 gauge value 4s.; and 1 square, value 2s.; the goods of William Andrews; and 3 planes, value 3s.; 8 chisels, value 5s.; 2 hammers, value 2s.; 2 gauges, value 4s.; 1 pair of compasses, value 2s.; 1 square, value 1s.; 1 spokeshave, value 1s.; 1 axe, value 2s., 2 gimlets value 6d.; 1 pair of pincers, value 2s.; the goods of Kidman Bull: 1 jacket, value, 8s.; 1 apron, value 1s. plane, value 2s.; 1 square, value 2s. 6d.; 1 gimlet, Take 6d.; 1 pair of pincers, value 2s.; and 2 chisels, value 1s. 6d. the goods of William Hutching: 1 chisel, value 6d.; 1 axe, value nine 2s. 6d.; and 1 rule, value 2s.; the goods of John Seccum: and 1 hammer, value 2s., the goods of John Chater; and that Pemberton had been previously convicted of felony; to which Pemberton pleaded.
GUILTY . Aged 17.— Transported far Seven Years.
JOHN HORSFORD . I am a constable of the Mendicity Society. Between seven and eight o'clock on the evening of the 28th of February, I was walking up Bond-street, and saw Riley passing up and down by the home, No. 16, Old Bond-street, where the robbery was committed—I saw; him go up, and knock at the door twice—it was opened by Pemberton, who came out with a bag on his shoulder—they both went up Bond-street together—Riley did not go into the house—I followed them to Burlington arcade—Pemberton there left Riley, and I took Pemberton with the things.
WILLIAM HOOKER . I am a police-sergeant. I took Riley into custody—I asked who he was in company with the other evening—he said,' with Pemberton, that Pemberton asked him to go with him to fetch some. things, they went to Bond-street, Pemberton went in, and when he came out he shut the door after him.
RILEY— NOT GUILTY .
First Jury, before Mr. Common Sergeant,
GEORGE FAIRWEATHER . I am footman to Mrs. Vance, of Down-shire-hill, Hampstead. On Tuesday evening, the 26th of February, was in High-street, St. Giles's, and a man took a red silk handkerchief put, of my pocket, which I had seen safe an hour before—I have not found it.
JOSEPH TYLER . I am a butcher, and live in Phoenix-street, Crown-street, Soho. On 26th of February I was in High-street, and saw the two, prisoners, in company with another, go behind the prosecutor—I saw Holdham draw a handkerchief from the prosecutor's pocket, and hand it over to Hyatt, who directly drew back, and made a stand-still—an omnibus was coming down Oxford-street, and a coal-cart up High-street—they did not know which way to turn—I stood looking between the omnibus and. coal-cart, and the moment the cart passed, Holdham started down High-street, and the other ran off—the constable caught hold of Holdham, and Hyatt ran into Monmouth-street—he got under a post, and I fell, by treading upon a piece of orange-peel—finding he had got the best of me, he turned up his fingers, made a motion to me, and I lost him all in a moment, but I have not the least doubt of him.
have secured both, but the omnibus passed at the time—Holdham ran down High-street—I secured him while Tyler ran after Hyatt.
Hyatt's Defence. I am innocent of the charge—I worked for Mr. Wilkins, of Long-acre.
Holdham's Defence. I was standing there—a woman told the gentleman his pocket was picked, and said I was the man, but I did not do it—Hyatt was not there at all.
(Hyatt received a good character.)
HYATT— GUILTY . Aged 19.— Confined Three Months.
HOLDHAM*— GUILTY . Aged 22.— Transported for Ten Years.
1051. JAMES GOODWIN was indicted for stealing, on the 19th of February, 1 lamp and glass, value 15s.; 1 pair of plyers, value 3d.; iron bolt, value 4d.; 1 saw, value 2d.; 1 file, value 2d.; and 1 brad-awl, value 1d.; the goods of Edwin Edward Capsell, his master.
WILLIAM BEAN . I live with Edwin Edward Capsell, at Poplar—the prisoner worked with me. On the 19th of February I missed some tools which I had seen safe on the 15th, in the shop over the hay-loft—the lamp and glass were not lost at the same time, but the other articles were—I spoke to the prisoner on the 20th, about the property being missing, but did not suspect him—these are them—(looking at them.)
Prisoner. I used to have things out of the place by my young master's orders—this man knows I have had his things, and brought them back again. Witness. I never knew him have authority to take any thing—I never noticed him bring things back—he asked me for the saw.
HENRY HOULTON . I am an officer. I searched the prisoner's premises, and found all these articles there—I asked him at the station-house how he got the lamp—he said a man named Thomas Mansell had lent it to him.
THOMAS MANSELL . I am carman to the prosecutor. I went to examine the premises with the policeman, and found the tools and the lamp—I did not lend him the lamp, and knew nothing of its being lent to him.
Prisoner. Q. Can you look me in the face, and tell me so, and you took me to a public-house, and gave me a quartern of gin afterwards? A. It is not true.
Prisoner. He gave it me out of the cart, as I stood in the stable, and the lamp I asked master to lend me—I lived over the stable, and very often took these things in-doors—I took them in to make a bird-cage.
(The letter being read, contained the following sentence: "do not expect to trouble you for any thing more in this country; I shall have to for what I have done.")
Prisoner's Defence. My sister has a great spite towards me, and has had for years, she has told me she would do me all the injury she could—Mansell did lend me the lamp—after he took it to the counting-house he said, "If you want it you can get it from there"—I asked Mr. Capsell if I might have the tools to make a cage, and he said, "Yes, you can take them, you know where to put them back again."
NOT GUILTY .
Prisoner. I took it out of the stable to sharpen my razor with. Witness. He had no right to take my things—it used to be kept in my missed it—I asked him for the key of the stable to get it one Sunday, and it—I mentioned it to him, and he denied all knowledge of it, and accused boy, named Webster, of taking things away—he advised me to lock after the boy, that he was a suspicious character, and no doubt had,, got my hone—I never quarrelled with the prisoner—the chest the tools were taken from was locked, and was broken open.
Prisoner. Q. Was not the box for any body to go to? A. The box the hone was in was, but not the box the tools were in—you had no right to take the home.
NOT GUILTY .
1053. CATHARINE RYAN was indicted for stealing, on the 28th of November, 1 plane, (value 1s. 8d. the goods of George Stephenson; 1 plane, value 1s. 8d., the goods of William Smith; and 1 plane, value 8d., the goods of William Morton.
Cross-examined by MR. PRENDEROAST. Q. When had you seen it? A. The day before it was taken—I went to High-street Office the witness Newman was taken up for offering it in pawn—the prisoner was not there the first or second time—I think Newman was the second time, and then the prisoner was taken—I did not hear remanded say that the prisoner was not the woman who gave her the plane.
Cross-examined. Q. Did not Newman state that she received it from a with a black bonnet and black trimmings? A. No, a white. bonnet, black trimmings, and a black dress—she said there was another son present—she did not give that person's name and address, but she, it herself—that woman was taken through mistake, and was discharged.
ELHABRTH NEWMAN . I was selling onions in the toad—the prisoner came up to me, and asked if I would be so kind as to go and pawn these planes—I asked her why she gave them to me to pawn—she said she had a bad husband, or she would go in herself, she did not like to go in, but not married.
Cross-examined. Q. Did she say she was not married? A. I thought
it was a gown she was giving me to pawn—I am not married—I may look so, but I am not.
Q. When do you expect to be brought to bed? A. I do not know what you mean, by being brought to bed—I do not understand it—I and not in the family way—I do not know that the prisoner is not married—I have not said she was not—I did not tell you she was not married—she came to me, and asked me to pawn them, and I went into a pawnbroker's, and he detained me, and gave me in charge—I live in Carrier-street, St. Giles's—I had a raffle when I came out of trouble—I was put in prison for this case, and got false imprisonment—the prisoner was brought forward and I swore to her—I got eight days' imprisonment—the prisoner was brought forward on the second charge, and I said she was the person was gave me the things to pawn—the policeman let her go, and for letting her go he got some bribery money—the Justice asked him where the prisoner was—he said, "I dare say her friends know where she is gone"—I remanded for another hearing, and then discharged—I made up the raffle to set myself to market—the policeman said he had received some money from the prisoner's friends—he was broke, but I do not know how I for he is still a policeman—when I left the bar, I asked him for my money and pen-knife—he returned them to me, and said, "I am in wore trouble than you are, and I hope before night I shall have the prisoner in my power"—I was never in a station-house before this—when I was in service, some lodgers stole nine yards of cotton from me, and I was in against them, and got them free—I have lived in Carrier-street about two years—none of the prisoner's friends subscribed to my raffle—they never came to it—I never asked them to subscribe to it—I never asked the prisoner's brother to do so—I never spoke to him, nor to any one belonging to him.
Q. What sort of a dress had the woman on that gave you the planes A. I do not know—I did not observe—I only know she was an Irish woman, and wore a red whittle shawl, and carried milk-pails—I had frequently seen her going past in the market with her pails, and I can swer to her.
MR. PRENDERGAST. called
MARGARET SHEA . I live in Sussex-street. The witness Newman told me, this day week, that if the prisoner's brothers came to her raffle, and gave her 5s., or 2s., or if they came, and put 2d. in the plate at her raffle, she would not come against her.
JOHN O'BRIEN . I live in Lombard-court, and am a broker. Newman told me to-day, in the Court-yard, that the prisoner's friends were fools to employ counsel, for, instead of giving him a guinea, they ought to have given her part of it, and that would have been better.
NOT GUILTY .
NEW COURT.—Saturday, March 9th, 1839.
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 42. Confined Three Months.
GUILTY .— Confined One Month.
MR. BALLANTINE conducted the Prosecution.
RICHARD MARTYN . I live in Holborn-hill, and am a grocer. On the 21st of February, about half-past seven or eight o'clock in the evening, a hogshead of sugar was delivered at my house, by one of Mr. Dale's carts, it weighed 14cwt. 1qr. 7lb.—I expected it would have weighed 16cwt. 3qrs. 14lbs.—the head of the cask is in Court now—I delivered it to Davies.
Cross-examined by MR. CLARKSON. Q. You do not know who delivered it is your home? A. I cannot say that it was the prisoner—I have four servants—none of them are here—the first time that I saw the prisoner, to my knowledge, was at Lambeth-street—I had every reason to believe that I had, before this, lost half a hundred weight of sugar, but I did not complain—I have the same men in my employ now—I was at home when the hogshead of sugar arrived—the person brought a delivery ticket, which I have here—it has on it the weight of the sugar from the West India Docks—I had the sugar weighed the next morning, about twelve o'clock—it weighed net 12cwt. 3qrs. 14lbs.—it was weighed directly it was turned out.
COURT. Q. What was the weight of the hogshead? A. 1cwt. 2qrs. 14lbs. is the regular allowance—I did not weigh the empty hogshead.
MR. CLARKSON. Q. Do not hogsheads vary from 1cwt. to 2cwt.? A. I never saw one yet that did—they vary 7lbs. or 14lbs., or they may 2St. s.—I will swear there was never a cask weighed 2cwt.—we leave business at nine o'clock, and this was weighed about twelve o'clock the next day.
MR. BALLANTINE. Q. Where was the hogshead put? A. It laid in my warehouse—it had not been opened till I took the top off—there was no appearance of its having been opened—I ought to have received 14cwt. 1qr. 2St. s. net sugar, and all I received was 12cwt. 3qrs. 13lbs.
NATHANIEL BERRY . I am a delivery foreman at No. 4 wharf, at the West India Docks. On the 21st of February I delivered one hogshead of sugar to Mr. Dale's carman—I cannot positively say whether the prisoner was the carman, but I think he was—the hogshead was weighed at the time it went out—the gross weight was 16cwt. 3qrs. 14lbs.—this is the head of the hogshead.
Cross-examined. Q. What books are those you have before you? A. The day-book and the ship-book—I keep them both—when it was landed in October it weighed 16cwt. 3qrs. 21lbs.—it had lost 7lbs. by drainage through the staves—it was Jamaica sugar—some of that is hard, and some is more soft—I only delivered this one hogshead on that day to the person who came for it—I saw the wagon which came for it—there were two other hogsheads in the wagon when the carman applied for this—as far as I know, it could not be under others.
COURT. Q. Do not hogsheads vary very much in weight? A. At
times they do—they vary from 14lbs. to 20lbs. on an average, according to the time they lie in the warehouse—1 1/2 cwt. was allowed for the weight of the cask—casks do vary in size—this was a middling-sized one—I have seen casks weigh 1 1/2 cwt.—supposing this weighed 16cwt. 3qrs. 14lbs. when it left the docks, the contents must have weighed more than 12cwt. 3qrs. 13lbs.—I never knew a cask weigh 4cwt.
WILLIAM ALLISON . I live in Dempsey-street, Stepney—I saw the cask weighed at the Dock—the weight which has been stated is correct—I have seen empty casks weigh, I think, not more than 1cwt 2qrs., or from that to 1cwt 2qrs. 14lbs.—I do not conceive that in its passage it could have lost one pound.
HENRY DERECOURT . I am a carman to Mr. John Dale. The prisoner is one of his carmen—I produce the day-book—here is the prisoner's day's work entered by Mr. Dale's son—it is customary to make entries in the presence of the man, and the name of the man is written against it—I was not present when this was entered.
JAMES'DALE, JUN. I am the son of Mr. John Dale. I made this entry in the day-book in the presence of the prisoner, and from what the prisoner told me—(reads)—"Two hogsheads of sugar from the West-India Docks to Mile-end-road; one to Mr. Martyn's, in Holborn, and two to Lock's-fields"—this was on the 21st of February—he had to go to Mile-end-road first.
Cross-examined. Q. I believe your father succeeded in business to Mr. dark? A. Yes—we took the prisoner with the business—he has been four or five years with my father—it appears that on the day on which this complaint was made he delivered five hogsheads of sugar—Mr. Martyn compiling that the sugar was short of weight—I mentioned it to the prisoner on the Saturday night—he said he delivered it as he received it—he came to work on the Monday morning as usual, and said he wished I would see into it—I told him I was going to Sewell's in the morning, and would make inquiry about it—he came to work till he was taken.
HENRY DERECOURT re-examined. Q. Have you examined this hogshead, and can you give any notion how the sugar could have been extracted? A. Yes—in every hogshead there is a square hole cut to take a sample out, and as soon as that is done, a piece of tin is nailed over the hole—this is the piece of the hogshead—the tin is turned back, and these men get a piece bf iron, end poke it into the hogshead, and with working it backwards and forwards, and the shaking of the wagon, the sugar shakes out, and they put a sack under to catch it.
RICHARD MARTTN re-examined. I delivered this piece of the hogshead to Henry Derecourt—it came from the side of that hogshead—I did not observe this particular part when the hogshead was delivered; but when Derecourt came to me, he wished to have it—that was on Saturday morning—I have not got the tin here.
ROBERT DAVIES . I am a constable of Lambeth-street. I took the prisoner on Tuesday, the 26th of February, in Gracechurch-street—Derecourt was with me, and said, "I give you into custody for stealing sugar from a hogshead which you conveyed to a grocer's in Holborn"—the prisoner made no reply—I put him into a cab, and as we were going along he said, "I am an innocent man"—I said, "Taking two cwt. of sugar out of one hogshead was rather too much"—he said, "I delivered it as I received it"—I asked him if he had ever left the wagon on the road—he said, "No
—I searched his lodgings, and found a fig drum, which I remarked had been filled with sugar.
Cross-examined. Q. Will you state how you "remarked" that it had been filled with sugar? A. There was a small quantity of sugar in it, perhaps two ounces—I swear there was more than half-an-ounce, and at the upper art of the drum was a hoop, and the ledge between the top of the hoop and the body of the drum was filled with sugar—that sugar was whiter titan the sugar at the bottom—it was dryer than the other.
COURT. Q. From the position in which you found the sugar on the top of the hoop of the drum, were you satisfied that sugar had been up to and above that part? A. Yes, I have no doubt of it—it was such at would have been left if the dram had been filled—I have not brought the drum here—I took the prisoner about twelve o'clock, and I found this drum about three o'clock in the afternoon—there is no doubt but that the drum might have been introduced into the hogshead, but it would have been a very inconvenient receptacle for the sugar.
MR. MARTYN re-examined. Q. In whose custody was the sugar before it was weighed? A. It had been in the warehouse—all my servants sleep in my house—my warehouse was locked up at nine o'clock at night, and till that time our people are about, so that nobody could meddle with it—the warehouse was open at half-past seven o'clock in the mornings—all my servants were then about, and the hogshead could not be opened by any one without the knowledge of the rest—at twelve o'clock it was weighed—I did not examine the tin till the Saturday morning, when Mr. Dere-court called to examine it.
Prisoner. When I had the order it was one o'clock in the day, and then I had to go to the warehouse and to the docks, and I did not leave till four o'clock.
COURT. Q. Who put that on? A. One of the clerks in the office—it means four o'clock in the afternoon—I delivered the note before twelve o'clock—it goes from me to the office—the prisoner received the hogshead in the wagon before he received this note—he had to go to another warehouse after I gave him this—I do not know how long he was detained at the other warehouse—without this note he could not get out of the gate—he could not go out and come back without a fresh pass—at times it might occupy four hours to get the other hogsheads, and to get out—a person might get out at twelve o'clock with this note—they take no notice in passing.
JURY. Q. Did he get the other two hogsheads at different warehouse? A. Yes, he did.
WILLIAM ALLISON re-examined. Q. What does this note mean? A. I know the clerks write out a number of these for four o'clock, because it is the last delivery, but it does not signify—that it must have been four o'clock before he left—I do not know whether this "H 4" means four o'clock, or the fourth hour of business—the Dock opens at nine o'clock in the morning—the hogshead was delivered before twelve o'clock I am certain—there were two in the wagon before he came to us, and if he had to take in two more, I should not suppose he would be more than half-an-hour or three-quarters—there would be nothing to prevent his going out by one o'clock,
and he might have gone in less than half-an-hour to Mile-end, and from there to Holborn in three-quarters—I should say by looking at this note that he left at four o'clock in the afternoon.
GUILTY . Aged 35.— Confined Twelve Months.
MARY TURVEY . I am a widow, and live at Stepney-causeway. The prisoner lodged at my house for three weeks—he left on the 19th of January, without any intimation of his going—he did not pay me for the last fortnight—he bad a pair of sheets on his bed—I missed them directly he was gone—when he did not pay me I told him he could not stay in my house.
(Property produced and sworn to.)
Prisoner. The sheet never was on my bed, and never was pledged by me.
GUILTY . Aged 52.
RICHARD MALLINSON . I live in the Minories, and am a slop-seller. On Saturday, the 9th of February, the prisoner came to my shop—he inquired the price of my shirts—I told him—he said he should want from four to six hundred, to go to Carolina—he went away, and returned, and said he thought the shirts would do very well, that be would pay me half the money on Monday, and the other half before the goods were sent from my house—on the Monday I received a note from him, which I have here—I sent my son down with four patterns, as he requested, to show his friends—he came afterwards, and said the shirts would do very well, and he was to have a hundred and fifty of each pattern—I had sent the patterns merely to show his friends—I expected them to come back, to form a portion of what were to be sent—I did not give him credit, to pay for them after they were delivered—the declaration the prisoner made was, "I am ready money, I shall pay you half the money on Monday, and the other half before the goods go out of your house"—I received this note on Monday evening—I had not sent any before I received it, nor did I know where to send them—I sent the shirts merely as samples, not upon sale—I sent eight shirts as samples, and he selected four.
Prisoner. I admit having these shirts from him as samples of what I was going to purchase. Witness. He came again, and said he wished to extend the order to some slops—the shirts would come to about 60l., and be said he would make it up to 100l.—I then received another note from him—I began to think that things were not altogether right—I sent a coat down that was not finished—on the Saturday morning after I took the coat I saw him—he said, "At four o'clock you shall have the money"—I said "You have told me so many different stories about the money, I shall take
the coat back—he then coloured up, and said, "You are very strange, or crusty, about this coat"—I said, "You give me reason"—I had delivered six handkerchiefs into his hands, to show to the same person—they were as patterns, not for sale—I only delivered them as samples—these an the shirts and handkerchiefs—(looking at the them.)
JOHN MALLINSON . I am the prosecutor's son. I saw the prisoner the second time he came on the Saturday—he said the shirts would answer the purpose, and on Monday he would bring part of the money—the Monday came, and we began to have our doubts till this note came; and on the Tuesday, in consequence of this note, I took eight shirts to the prisoner's lodgings—he took four—I saw him, and he said, "You have come here with the patterns."
(Read)—"MR. MALLINSON, I shall not be able to Call on you to-day, but will thank you to send me, for the inspection of my friend, who joins with me in the shipment of the shirts, but who is an invalid, a shirt of each pattern, the dark and the white, for him to see—I shall be up in the morning, and will pay you one half of the amount, and the other half before the delivery from your house.
"I am, respectfully, your obedient servant, GEORGE SAYCE.
"At Mr. Codd's, No. 2, Cannon-street-road, St. George's in the East."
Witness. I went on the Monday evening, and he was gone to bed—I went again on Tuesday morning, and laid a different quality before him—what I left were not on sale, but merely as samples to show to his friend.
THOMAS MICKLEFIELD . I am in the service, of Mr. Telfer, a pawnbroker. I have six handkerchiefs, pawned by the prisoner on the 14th of February—to the best of my belief, it was in the latter part of the forenoon.
(Property produced and sworn to.)
Printer's Defence. I was in expectation, when I called on Mr. Mallinson, of going to South Carolina—I had a friend, whom I expected here, who would have paid for these—I took patterns, and I admit I pledged them, but I considered them as part of the order.
GUILTY . Aged 52.— Transported for Seven Years.
JESSE BALLARD . I live servant with Mr. Henry John Neale Chase, of Tavistock-place, Tavistock-square. On the evening of the 14th of February I was in the kitchen—I heard a knock at the door, and answered it—I saw the prisoner there—he said he came for some shoes—I showed him into the back parlour, and told him to wait—I went into the drawing-room to speak to my mistress, and, as I was coming down stairs, I heard the street-door slam to, and when I came down the prisoner was gone—I found the door a little ajar—I missed from the table a great-coat of my master's brother's, Mr. Samuel Compeny Chase—it had been safe when I let the prisoner in.
Cross-examined by MR. CLARKSON. Q. Is your master here? A. No—I had never seen the prisoner before—it was between six and seven o'clock—this was all done in a minute.
GEORGE THORNTON (police-constable E 91.) I apprehended the prisoner as he was coming out of a pawnbroker's shop, in Broad-street, St. Giles's—he had a coat, which I have here, doubled up under his arm—I said, "What
have you got there—he said, "Nothing, Mr. Thornton, it is all right"—said, "I don't know that it is"—he said, "Oh yes, it is"—I said "What have you got?"—he said, "A coat"—I said, "Where did you get it?"—he said, "I bought it of a Jew, in Petticoat-lane," but he could not tell me at what shop—I took him to the station-house, and then he said he bought it of a Jew, under a gateway, and gave 3l. for it—I cannot find an owner for this coat—it is not the one in this case.
GUILTY . Aged 22.
SUSANNAH KEEFE . I am the wife of William Keefe. I live with Mr. William Backley Hutchinson, of Guildford-street, Russell-square. On the evening of the 6th of February I was in the kitchen, and heard a knock at the street-door—I went, and saw the prisoner—he said he came few Goodge-street, Tottenham Court-road, about some chairs, and he begged me to inquire if the chairs would do on Saturday morning—I went up to the drawing-room, and left him at the door—when I was coming down I heard him run from the entrance door, and shut the door; and on getting down, I missed my master's great-coat from a peg in the hall—it had the hanging there when I left the prisoner—I am quite certain he is the man—the coat has not been found.
GUILTY . Aged 22.— Transported for Seven Years.
LOUISA GARNHAM . I live at Mr. Fisher's, in University-street. On the evening of the 1st of January the prisoner came to the house—I am quite certain of his person—I opened the door to him, and he told me to ask whether, if the boots came home tomorrow morning instead of to-night, it would do—I left him in the passage, and went to my mistress—while I was delivering the message the door opened, and when I came down the prisoner was gone—there had been a coat and a cloak in the hall—the coat belonged to Mr. John Savage—he had not been an hour in the house at that time—the coat was worth 3l.—the cloak belonged to Mr. John Houlding, and it was worth 7l.—they were both gone.
Prisoner. I can prove I was not the person at all in this instance—I was in the House of Correction from the 16th of December till the 26th of January—it will show how people may be deceived—the other persons swore as clearly to me as this person does.
LODISA GARNHAM . I am sure of the day—it was New Year's-day, at ten minutes before seven o'clock in the evening—the man had a hat on.—(the prisoner here put his hat on, by desire of the Court)—The prisoner is the man—I am quite sure of it—I feel no doubt about it.
GEORGE THORNTON . When I was at Bow-street Office, the prisoner said to me, Thornton, I can prove an alibi in this case, as I was down at Westminster Sessions, hearing another prisoner tried on that day," and be mentioned the name of the prisoner, whom I knew very well—the witness Garnham saw the prisoner and another together, and she pointed out the prisoner directly—not Russell.
(Russell, another prisoner, was here placed at the bar.)
COURT to LOUISA GARNHAM. Q. Does the production of this other man I alter your opinion at all? A. Nat at all—the prisoner is the man.
Prisoner. The policeman told the mother of my child that I should never see my child any more.
GEORGE THORNTON re-examined. I never said so to any one—he has a child, and the mother of the child is down stairs' now—when I went to Bow-street Office, the prisoner said he should like to see his child, and kiss it—I went out and said to the young woman, "Charley says he should like to see his child, and kiss it"—she said, "I cannot bring it dots, the child is very ill."
(At a subsequent period of the day, the following witness appeared,)
GEORGE HOARE . I am the principal turnkey of the House of Correcttion. I keep an account of the prisoners in custody there—I know this I prisoner by the name of Charles Shannon—he was committed on the 17th of December last, and was there for six weeks—he was discharged on the 15th of January or the 5th of February, I am not sure which—he was in custody on the 1st of January, and had no means of getting out.
1062. ROBERT READ was indicted for feloniously receiving, on the 8th of February, 2 pewter pots, value 1s. 7d., the goods of William Taylor, well knowing them to have been stolen; against the Statute, &c.; upon which no evidence was offered.
NOT GUILTY .
MARY GOLD ING . I am single. On the 2nd of March, I was standing next to Mr. Humphrey's door in Whitechapel-road—I saw the prisoner and mother man looking in at the window—the prisoner took a pair of shoes in his hand, turned them round, and cut or broke the string, and tried to conceal them about his person—the two persons then went away.
THOMAS MASTERS . I am shopman to Mr. Edward Humphreys is Whitechapel-road—Golding made a communication to me—I took the prisoner about a dozen doors off, and asked what he had got under his waistcoat—he made no answer—I pat my hand round him, and felt the shoes under his waistcoat—his companions rescued him, after a quarter of an hour's struggle, but I followed, and never lost sight of him until the officer took him—these are the shoes I took from him.
GEORGE KING (police-constable H 111.) I heard a cry of "stop thief"—I ran, and on coming to the end of the street I fell down—the prisoner passed me—I followed immediately, and overtook him—he said he had done nothing, he was merely running with the mob, but he was a considerable distance before them.
Prisoner. I heard the cry, and was running with the mob—I never had the shoes.
GUILTY . Aged 18.— Transported for Seven Years.
The indictment not describing them as tame pigeons, the prisoner
1065. ANN WILSON was indicted for stealing, on the 1st of March, 1 coat, value 10s.; 1 waistcoat, value 2s.; 1 pencil-case, value 5s.; 1 pair of gloves, value 6d.; and 4 3/4 d. in copper, the goods and monies of George Pearce Pocock: and 1 towel, value 6d., the goods of Henry Meyrick Elderton.
SUSAN YOUNG . I am a servant, at Norfolk-chambers, Norfolk-street, Strand. From information, on the 1st of March, I went up to the hall of the house, and found the prisoner there—I asked what she did there—she said she had been up to Mr. Whitehead's office—I said this was the way, and showed her into his office—I came out, and I saw the clerk turn her out—I said to Bull, "Go after her"—I went up to Mr. Pocock's room, found the door and drawers open, and the things littered about the room—I missed these things, which I left safe there at twelve o'clock the night before, when I locked the door, but left the key in it—they were found on the prisoner when she was brought back—this pencil-case and money was in the waistcoat-pocket—the clothes belong to Mr. George Pearce Pocock, and the towel to Mr. Henry Meyrick Elderton—these are them.
HENRY BULL . I ran after the prisoner, and found her in Mr. Beauford's coal-shed. I asked for the things—she refused to give them to me—laid I would fetch the policeman, and then she came back to Norfolk-street—she then refused to let me look at the things she had, and the witness fetched the policeman.
Prisoner's Defence. They were given me by a young man who I kept company with for some time—he always led me to believe that he was clerk in an office there.
GUILTY . Aged 49.— Confined Six Months.
CATHERINE CRANE . I am servant to Mr. James Bennett France; he lives in Davies-street, Berkeley-square. On the 23rd of February the prisoners rang the door-bell—they said they wanted to look at the apartments I had to let—Berry said she wanted them for a single gentleman, who had lodged with them for five years—I showed them a room on the second floor—there was a tablecloth on a caddy on a table in that room—I then showed them a room on the first floor—Berry went into an adjoining bed room—there was a handkerchief in that room on the floor—I saw her stoop, and pick up something—I told her I begged her pardon, but I should like to see what she picked up—she said she did not pick up any thing—she had an umbrella and a handkerchief—she showed them to me, and said they were her own—I said no, the handkerchief was mine—I took it from her—she said she was very stupid, and very foolish, she ought not to have taken it—she said I was a very good girl, and asked me to let her out—I said I would, but I detained them, and found the tablecloth on the top of the stairs, which had been in the room up stairs—they had both been in the room where it was—I had no means of seeing how the cloth was
moved from the room to the stairs—I went out to call for assistance—handkerchief belonged to a gentleman who lodged there.
ANN MONTAGUE . I am the wife of William Taylor Montague, of Titchbourne-street, Edgware-road; the prisoner, and Berry, occupied an apartment in our house, and left this day fortnight. I missed a table-cloth, which had been let with the lodging for their use—they had the apartment between them—this is it.
Prisoner. You did not take it in? Witness. I was there when it was take in.
Prisoner. I only pledged it for a temporary purpose, and would have taken it back—but we could not return.
ANN MONTAGUE re-examined. The prisoner left a basket and some towels, worth about 5s., at my house—they belonged to both of them—there is no doubt but they intended to return, but I did not intend they should—I packed up some things on the Monday, and brought them into the back-parlour.
GUILTY . Aged 26— Confined Ten Days.
Sixth Jury, before Mr. Sergeant Arabin
1068. ELIZABETH ATKINSON was indicted for stealing, on the 3rd of November, 1 spoon, value 4s.; 2 pillow-cases, value 4s.; 3 shirts, value 12s.; 5 handkerchiefs, value 10s.; 3 tablecloths, value 12s.; 5 pain of stockings, value 5s.; and 2 sheets, value 14s.; the goods of George Dimsdale Baldwin; to which he pleaded
GUILTY. Aged 52.— Judgment respited.
WILLIAM LOWLEY . I live in Cranbourne-street, and am a hosier, the prisoner lived servant with me. On the 27th of December I missed a handkerchief, and after that some blankets—I found some duplicates on the top of her box, on Tuesday last—they led me to the pawnbroker's—this handkerchief I can swear to, and the blankets I believe are mine.
Prisoner. I pawned them, being in distress, and meant to return them again.
GUILTY . Aged 30.— Confined Six Months.
THOMAS BRUSEY . I live in High-street, Camden-town, and am a grocer. I missed a bag, containing about 17 lbs. weight of coffee, about ten o'clock on Saturday morning, the 23rd of February—I saw it again in possession of the policeman—I know the bag was mine—it was three parts of the way in my shop—there were five bags stood before it—this was the sixth—the prisoner is a stranger.
Cross-examined by MR. PAYNE. Q. When did you see it safe? A. About a quarter before nine o'clock that morning—it was in the bag as it is now—here is the mark of "ED" inside of the bag.
HENRY EDWIN KNIGHT (police-constable 5156.) I met the prisoner in Great Camden-street, about two hundred yards from the prosecutor's shop, a little after nine o'clock that morning—he had hold of this bag—I saw him talking with two others—I went and stood at the corner—he came past me, I followed him—he turned his head, and saw me—he threw down the bag and tried to make his escape—I took him, and asked what was in the bag—he said he did not know—I asked him what made him throw it down—he said, "I was sure there was stolen property in it, by your following me."
Cross-examined. Q. Did he say it had been given him by a person to carry? A. Yes—I found nothing on him but a tobacco-stopper and a pipe—I let the bag remain in the care of two females who were coming along—I found them there with it when I came back—I know the bag by a hole in the end of it.
(The prisoner received a good character.)
GUILTY.* Aged 22.—Recommended to mercy. — Confined Six Months.
WILLIAM COOK . I am a glass grinder—the prisoner was my apprentice. On the 27th of February I sent him to Newington Butts, with some articles, to Mr. Brown—the bill was 7s. 6d.—he was to receive the money, but he only received 5s.—it was his duty to bring it home, and give it to me directly—he never returned at all.
JAMES CUNNINGHAM . I am clerk to Mr. Brown, a window-glass cotter. The prisoner brought the goods to me—the bill was 7s. 6d.—I paid him only 5s., as I thought there was an over-charge—this is the receipt he wrote in my presence.
Prisoner. I was coming home, and lost the money out of my pocket.
GUILTY .* Aged 18.— Transported for Seven Years.
GEORGE MOODY . I keep a broker's-shop in Exeter-street, Lissongrove. On the 26th of February I was in my parlour—I saw the prisoner take a blanket off a table in my shop, and run away—I ran out, and brought him back with it.
Prisoner. I and another boy were playing, he pulled a tub down, I
picked it up, and went into the gentleman's shop—took the Blanket, and threw it at the boy's head.
GUILTY . Aged 14.— Whipped and Discharged.
MART STYLES . I am the wife of Joseph Styles, who keeps a shoe-shop in St. John's-row, St. Luke's. On the 21st of February, about half-past two o'clock, the prisoner Loring came, and snatched a pair of shoes from the door, and ran away—I was sitting in the back-parlour—I ran out, and cried, "Stop thief"—he threw the shoes away—they were picked up and given to me—I pursued him till he was stopped—I saw Walker in custody of a policeman—I said he had got the wrong boy, as I did not know that he had done any thing—these two pair of shoes are. ours, and had been at our door.
JAMES GOLDSMITH . I saw the prisoners running along between five and six hundred yards from the prosecutor's shop—Walker was furthest off, and pratently I heard the witness call "Stop thief"—Walker then stopped, and was returning back—I said, "What have you got here?"—he said, "Nothing"—I found this pair of new shoes in his pocket.
(Loring received a good character.)
LORING— GUILTY . Aged 15.
WALKER— GUILTY . Aged 15.
Confined Six Months.
WILLIAM JEFFERT . On the evening of the 23rd of February I saw the prisoner take a piece of bacon from the prosecutor's shop, in Blandford-street, put it in a cloth on her arm, and walk away—Mr. Whitbread ran out and brought her back with it.
Prisoner. I went to market and bought the bacon, and some other meat—I did not go into this gentleman's shop at all. Witness. It was my bacon—I missed it before I went after the woman—I have no doubt it was mine.
GUILTY . Aged 34.— Confined Three Months.
WILLIAM THOMAS DWELLY . I keep an ironmonger's shop in upper St. Martin's-lane. On Saturday evening last I left my shop for a minute, and on my return I missed a fender—I ran to the door, and saw the prisoner walking round the corner with it—the policeman took him immediately—this is my fender—(looking at it.)
Prisoner's Defence. I was standing at the corner, a man put it into my hand, and asked me to go and sell it for him.
GUILTY . Aged 19.— Confined Three Months.
JAMES ROGERS . I keep a cheesemonger's shop at Paddington. On the 4th of March, about a quarter before three o'clock, I saw the prisoner go out of my shop—I had been in an adjoining room—I missed a gammon of bacon, and followed her—she had got two or three hundred yards—I took her, and took the bacon from under her shawl—she said she was very sorry, and hoped I would take no notice of it.
GUILTY. Aged 15.—Recommended to mercy by the Prosecutor and Jury. Confined Eight Days, and delivered to her father.
PETER STACEY . I am the father of William Richard Stacey—I live in Gray's Inn-lane, and am a baker—the prisoner came to my house occasionally, and went on errands, for about two months—on the 24th of February I counted the money in my till after dinner—there was 9s., and some odd half-pence—among them I noticed one marked "I A"—about half-past eight o'clock in the evening my mistress went to the till, and there was not above a shilling's worth of copper in it—I called the prisoner, and said, "What money have you got?"—he said, "I have not got a farthing"—I found in one of his pockets 1s. 8d., among which was the one marked "I A"—I said then if he would tell me the truth I would forgive him—he seemed very hardened, and said he had it from his father—I called in a policeman, who found 1s. 3d. more in another pocket.
Prisoner. I found the pencil-case in Gray's Inn-lane.
GUILTY . Aged 19.— Confined Eight Days.
(The prosecutor promised to take him again into his service.)
HARRIET BROCKWELL . I am a widow, and keep a haberdasher's shop in Ivy-terrace, Hoxton. On the 1st of March the three prisoners came together to my shop—Smith and Sullivan came to the counter, and Smith inquired for some net at 3/4 d. a yard—I said I had none at that, but I had some at 1d.—I showed them what I had, and Smith said she would go and tell her mother—during this time Garland had stood near the door—as soon as they went out I missed a shawl—I went after them—I passed by Smith and Sullivan—I overtook Garland, and took from her this shawl,
which I had missed from my shop—some person told the policeman, and he brought all the prisoners back.
JAMES POTTER (police-constable N 118.) I received information, and took the three prisoners—in the meantime Garland dropped a new pair of black stockings from under her shawl—I found on her at the station-house a new purse, which I have found the owner of since.
SMITH— GUILTY . Aged 17.
SULLIVAN— GUILTY .* Aged 17.
GARLAND— GUILTY . Aged 16.
Confined Six Months.
GEOROE ROBINS . I am apprentice to a pawnbroker. On the 24th of February I was in Drury-lane, at ten o'clock at night, going home to my father, in Berwick-street, Oxford-street—the prisoner accosted me, and asked me to give her a halfpenny—she stood close to me—I told her I had not got one—she went away—I found after she left that my watch was gone from my left-hand waistcoat pocket, and the guard with it—I am sure it was safe when she came to me—she ran—I ran after her, and caught her just by the Mogul, in Drury-lane—I told her she had stolen my watch—she put a ginger-beer bottle in my face, and said, "Is this your watch?"—I said, "No, it is not"—she called out, "Eliza"—the people all came round her, and they called out, "Bung it" and "Ding it"—the policeman says that "bung it" means, "Put it back"—I do not know what "ding it" means—I still kept hold of her—the people threatened to pull my jacket and hat off if I did not let her go—they pulled me about, and a witness saw the watch passing from one to the other—the prisoner was taken, and after I got home I found my watch in my right-hand jacket pocket—I am sure it had been in my left-hand waistcoat pocket.
CHARLOTTE HARRIS . I was passing through Drury-lane, and saw the mob—I went up, and heard some one say, "Bung it" and "Ding it"—I saw the prisoner pass the watch from under her shawl to another woman—it had a braided guard to it, and a white tassel.
HENRY NEWMAN . I am a policeman. I went to see what was the matter—the prosecutor gave me the prisoner in charge for stealing his watch—the prisoner was searched, but nothing found on her—the prosecutor came back in au hour or more, and said he had found the watch in his pocket.
Prisoner. I know nothing about the watch—I did not see it till I was at the office—I asked him for a halfpenny, it is true, but saw nothing else.
GUILTY .** Aged 38.— Transported for Fifteen Years.
WILLIAM SEAL . I am a haberdasher, and live in Old-street-road. On the 12th of February the prisoner Anderson came to ray shop, and bought a yard of narrow black ribbon for 1 1/2 d.—he paid me, and went away—soon after, I missed fifteen yards of black gauze ribbon—I followed him—he had then got about two hundred yards from my house, and joined the prisoner Renew—I followed them both for about two hundred yards more—Renew then went into a public-house, and Anderson went into another
haberdasher's shop—I then spoke to a policeman—Anderson came out, and joined Renew again in the street—the policeman took them, and brought them back to the haberdasher's shop—on Renew was found several pieces of ribbon, and amongst the rest, the piece which I had lost, and the piece I had sold to Anderson.
Cross-examined by MR. PAYNE. Q. By what do you know this ribbon? A. My wife bought it the day before, and I measured it over—there was a private mark on it, but they destroyed it—I know it by the pattern and the length—I can swear it was the only piece of this pattern in my drawer—it had not been cut—there were other pieces of ribbon found on Renew, but they had torn the private marks off them, and the persons would not swear to them—I asked the Magistrate if he would pass a summary punishment on the prisoners, as I thought, not having a private mark on my ribbon, they might escape justice.
Renew. You said you did not know how much there was of the ribbon to half a yard—you said there was fourteen yards and a half, to fifteen yards, or fifteen yards and a half to sixteen yards, and the Magistrate said, "We will put it down at fifteen yards," and you said you could not swear to it, because you had no private mark on it. Witness. No, I did not.
CHARLES PATTEN (police-constable G 157.) On the evening of the 12th of February, about a quarter before nine o'clock, the prosecutor came and told me Anderson had been in his shop and stolen a piece of ribbon—I saw Anderson come out of Mr. Sears' shop, a haberdasher, in Featherstone-street—he walked up the street, and Renew crossed over to him—I went up, tapped Anderson on the shoulder, and said, "What have you been in that shop for?"—he said, "To purchase a yard of ribbon" I took him back—I found three duplicates on him, and Bean found on Renew a quantity of ribbons.
HENRY BEAN (police-constable G 111.) I took Renew—I found one piece of ribbon in his hat, two pieces in his side-pocket, five pieces in his left-hand pocket, eight or nine pieces in his waistcoat pockets, also three or four gross of mother-of-pearl buttons, and a ball of silk twist—he told me he was a dealer in those things—at Worship-street Anderson denied going into the prosecutor's shop at all.
Renew's Defence. I was returning from Edmonton, and met an Irish traveller—we went into the Gun public-house—he showed me a lot of goods he had purchased as a job—he put out this lot of ribbon, the buttons, and the twist—I bought them of him for 2l.
ANDERSON— GUILTY . Aged 20.
RENEW— GUILTY . Aged 32.
Confined Six Months.
1081. HANNAH MILES was indicted for stealing, on the 23rd of february, 1 shawl, value 2s.; 1 bonnet, value 1s.; 1 apron, value 6d. 1 Pair of stockings, value 1s.; and 1 sovereign; the goods and monies of John Burson.
ARABELLA BURSON . I am the wife of John Burson, a sawyer, and live at Hammersmith. The prisoner is my niece—I took her in out of kindness about three weeks before this happened—I lost these articles, and she went away—I found her a week afterwards in Henrietta-street, Oxford-street, and I gave her in charge—I found my shawl on her—that is all I have found—this is it—(looking at it.)
GUILTY. Aged 17.—Recommended to mercy. — Confined Ten Days.
WILLIAM PARSONS . I live at Kentish Town, my wife takes in washing. The prisoner washed for her—we have lost a great many articles—on the 26th of January we sent for an officer, and gave her in charge—I told her I suspected her of having stolen a good many things—she denied it I took her to the station-house, and, a her lodging we found some duplicates.
GUILTY. Aged 30.—Recommended to mercy by the Jury. — Confined Six month.
(There was another indictment against the prisoner.)
JAMES DAVIES . On the 4th of March, I was at my door, about three o'clock, and saw the prisoners at the corner of Mr. George Jobson's shop, at the corner of Sermon-lane, Liverpool-road, Islington—they stood a minute or two and then Herbert took a white apron from his waist, held it up, and Toombs chucked a bundle of shoes from the prosecutor's door into Herbert's apron, and they ran up Sermon-lane—I ran and took Herbert, and the prosecutor took Toombs—they left the shoes at the top of the line in White Conduit-street.
GEORGE JOBSON . My attention was drawn to this by my neighbour—I went after the prisoners, they were then standing, but the minute they saw us they ran off; we followed and took them—these are the shoes, there are five pairs, and they have my shop bill on them.
(Herbert received a good character.)
HERBERT— GUILTY .—Aged 18.
TOOMBS— GUILTY .—Aged 18.
Confined Three Months.
OLD COURT.—Monday, March 11th, 1839.
Third Jury, before Mr. Recorder.
GUILTY . Aged 23.— Confined Twelve Months.
NOT GUILTY .
GUILTY . Aged 35.— Confined Nine Months.
THOMAS QUESTED . I am a corn-chandler, and live in Harrow-road, The witness Reynolds is in my employ—in consequence of what he said to me, I went after the prisoner, and found him in the road, with a truss of hay on his back—he went into a wharf in Wharf-road, and put the hay down in a shed—I asked him who he fetched it for, he said for Mr. Cripps—I told him it was false—he said young Mr. Cripps would be there directly—I told him a policeman would soon he there—he directly ran away, I ran after him, and Atkins stopped him—I found some trusses of hay booked to Mr. Cripps—I know the hay to be mine.
STEPHEN REYNOLDS . I am in the prosecutor's employ. On Friday, the 8th of. February, the prisoner came and said he wanted a truss of hay for Mr. Cripps, who is a customer—I believed him, and let him have it—he came again on Monday, and said he wanted a truss of hay for Mr. Cripps—I gave it to him—he came again on Wednesday, and said the same, and I gave it to him—in consequence of suspicions, I then informed my master, who followed him.
GUILTY. Aged 17.—Recommended to mercy. — Confined One Month.
WILLIAM STARLING . I live in Bishopsgate-street-without The prisoner called on me on the 7th of February, and requested payment of 3s. 10d., due to her mistress for washing—she did not mention her mistress's name—I owed Mrs. Cowling that sum, and believing her to be in her service, my wife paid her 4s. in my presence—she brought a piece of paper, stating that her mistress wanted to make up a bill, and requested payment.
SARAH COWLING . I am a laundress. The prisoner was nearly five months in my employ—she left on the 4th of February—I did not send her to Mr. Starling on the 7th, requesting payment of the account—she never brought me the money.
THOMAS MEADOWS . I am an officer of Shoreditch. The prisoner was brought to the workhouse by one of the officers of the Houseless Poor, being found destitute, but her conduct had been so bad before, that the authorities determined to send her before a Magistrate—she was given into custody on this charge.
GUILTY . Aged 18.— Confined One Month.
NOT GUILTY .
1090. HENRY FRIBERG ISAAC and GEORGE BICHARD KENDALL were indicted with others, not in custody, for forcibly entering into the dwelling-house of Morris Bernard.— 2nd and 3rd COUNTS, for a riot.— 4th COUNT, for a conspiracy; Isaac pleaded
GUILTY to the third COUNT and gave security to attend for Judgment, when called upon.
(No evidence Was offered against Kendall, who was acquitted.)
GUILTY on the 2nd Count— Confined Eighteen Months.
COTTER— GUILTY . Aged 21.
DONOVAN— GUILTY . Aged 20.
Confined Twelve Months.
NEW COURT.—Monday, March 11th, 1839.
Sixth Jury, before Mr. Common Sergeant.
SELITA WHITELAW . I live in Sussex-street, Tottenham Court-road. Between seven and eight o'clock, on the 23rd of February, I was in my kitchen, and heard footsteps in the front-parlour, I ran up immediately—I found the street-door nearly wide open, and my parlour-door also, which I had left locked a few minutes before, leaving the key in it—I said, "Who is in the parlour?"—no one came out—I stood, on the mat outside the door, and said again, "Who is in the front-parlour?"—the prisoner then came from the cupboard, in the corner of the parlour, with this coat on his arm—he rushed by me and ran out—I ran and calked "Stop thief"—he shut me in the passage—I got the door open as soon as I called, and called "Stop thief"—a man with a wood-cart called out also—I followed, and saw the prisoner throw down the coat at the corner of Pancras-street—the man who was following him picked it up and gave it to me—I then returned—the prisoner was brought back in two or three minutes—I am confident he is the man—this coat belongs to Joseph Holland, who is our apprentice, and lives with us.
Prisoner. You cannot swear that I am the person? Witness, Yes, I can—there is a gas-light opposite our door, and the parlour-blinds were up, quite to the top—I can see to read in the parlour by the gaslight.
Prisoner. I hope you will be merciful.
GUILTY . Aged 20.— Transported for Seven Years.
MR. BODKIN conducted the Prosecution.
MART MILLER . I am married. I know the shop of Messrs. Smith and another, in Aldersgate-street, the prisoner served in their shop—I had been in the habit of going to their premises in a morning, and I remember the Monday on which I was taken into custody—I had been to the shop on the Thursday before, and on the Friday before, about twenty minutes or half-past eight o'clock in the morning—that was the usual time I went in a morning—I also went on that Monday morning, and I saw the prisoner there—I asked him for half a pound of edgings—he gave me two bundles of whalebone, for which I paid 1s. 7d.—I am sure of that—I then left the shop, and went to a public-house, where my husband was waiting for me—the officer came in there, and took me—I had on the Saturday before, given the prisoner half a dozen herrings in the street, which my husband had sent him.
Cross-examined by MR. PHILLIPS. Q. I suppose you did not think you were doing any thing wrong? A. I was sent by my husband, I was afraid it was not right—I was taken up myself—I did not tell this story to save myself, I told it to tell the truth—I have always said that I gave 1s. 7d., except on the Saturday, and then I gave 2s.—on the Thursday I went for half a pound of edgings—he gave me some bones—I gave him 1s. 7d. on the Friday, and he gave me some more—I paid him 1s. 7d. on the Saturday—I went and gave him half a dozen herrings—he told me the shop would be open in a few minutes, I went in, and he gave me some bones—I went again, at twenty minutes past eight o'clock, and he gave me some more—I gave him 2s.—I went on the Monday for half a pound, and paid him 1s. 7d.—Ballard the officer asked me what I had paid, and I said 10s. but I did not pay 10s.—I was frightened at the time, that made me say it—I have been frequently in the shop when Mr. Smith was there, and bought before his face.
WILLIAM JOHNSON SMITH . I am a whalebone-cutter, and live in Aldersgate-street. I have one partner—the prisoner was in our empty for about three years—it was part of his duty to attend to the shop while I went to breakfast—I used to go generally at five or ten minutes after eight o'clock, and was away half an hour, or twenty-five minutes—if the prisoner took any money during my absence, it was his duty to lay it on the desk in the counting-house, I found it there when I came down, and he told me what it was for—for several mornings, before the 4th of March, when I came down, he would tell me he had sold half a pound of edgings for 7d.—I received information from Mr. Thomas, a neighbour of mine, and I called in the assistance of Ballard and Forrester, on the morning of the 4th of March—on that morning I went to breakfast as usual, and on my return I saw 7d. on the desk—I asked the prisoner what it was for—he said, "Half a pound of edgings"—I asked him if there had been nothing else—he said, "No"—he did not live on the premises, but came early in the morning.
THOMAS. I am a linen-draper, in Aldersgate-street. My house is nearly opposite the prosecutor's—I had seen the witness Miller,
for some mornings before the 4th of March, watching very minutely about the prosecutor's shop—on the Thursday morning I saw her run across, in a harried manner, go into the shop, and, in a second or two, come out with a bundle of whalebone; and so again on the Friday and on the Saturday—I saw the prisoner receive a bundle of herrings on the Saturday morning before the shop was open—I communicated this to the prosecutor.
WILLIAM BALLARD . I am a police-officer. I was stationed, on Monday morning, the 4th of March, in a place which commanded a view of the prosecutor's shop—I saw Miller that morning, at a little after seven o'clock, in Aldersgate-street—she went on to Barbican, looked about,, and came back—about twenty minutes past eight o'clock she went into the prosecutor's shop, and came out almost immediately, with some whalebone—she crossed the road, went down a variety of courts into Long-lane, into a public-house there, and threw the whalebone on the seat—she went into the tap-room, and called her husband out—he tried the whalebone in his hand, and then said something about change for half a crown—the woman was then going out—Forrester took her, and I took her husband—I went to the prosecutor, and saw the prisoner—I asked him if he had sold any thing besides the half-pound of edgings that morning—he said he had not—(I had seen Mr. Smith before, and directed him to put the same question to him)—I then asked if he sold them to the same woman that he had before—he said, "Yes"—I asked him if he had sold any thing else to any other person—he said, "No"—I then said we should show that that was not true, for the woman had been seen to go into the shop without any thing, and she came out with some whalebone—she had been followed and taken, and had had no edgings at all with her.
Cross-examined. Q. Might not that be done by a thief? A. It might—I should have stated, that before the woman went into the shop, the prisoner came to the door, and stood for two or three minutes, looking about him—when we took the woman, we asked her where she got the whalebone from—she said, "From Aldersgate-street," and named the-shop—I said, "What did you give for it?"—she hesitated, looked at her husband, and he took it up in his hand, tried the weight of it, and said 10s.; the woman then said 10s.—the man then said that they had pawned a ring to get the money; but I looked at the duplicate, and saw it had been pawned for only 5s.—I did not say any thing to frighten the woman, or to terrify her to say 10s., but she was frightened; and a more pitiable look I never saw a person give to any one than she did to her husband—when we got to the Compter, I told her she need not answer me any questions without she liked, and said, "You were there on Thursday?"—she said, "Yes"—"You were there again on Friday?"—"Yes"—"You were there again on Saturday?"—"Yes"—"Where is the whalebone you took away?"—"At home"—her husband was not present at this time—I asked her husband about it—he said he had sent her, and she said so also—he did not say that he had taken any himself.
GUILTY .— Transported for Seven Years.
(There was another indictment against the prisoner.)
1095. SARAH JACOBS was indicted for stealing, on the 23rd of February, 1 petticoat, value 2s.; 9 yards of printed cotton, value 4s.; 2 shawls, value 16s.; 2 frocks, value 4s.; 6 gowns, value 1l. 15s. 15s.; and 1 Thibet shawl, value 3s.; the goods of Thomas Harmston.
EDWARD HORNE . I am taking care of a pawnbroker's shop, in Ernest. street, Regent's park, for Mr. Thomas Harmton. On the 22nd of February I was leaving the shop, when the prisoner came in, and on my return I discovered that a child's cloak had been taken down—we missed, about a month ago, this black merino gown.
Prisoner. I beg for mercy—I was in great distress.
GUILTY . Aged 59.— Confined Six Months.
(There was another indictment against the prisoner.)
ISABELLA COOK . I am single, and live with my brother-in-law, John George Weston, a tobacconist, in Queen-street, Holborn. On Tuesday, the 5th of March, I was in the parlour at the back of the shop, and saw something hang down the front of the counter—I went and saw the prisoner on the counter, with his hand round the glass case, with one bundle of cigars on his arm, and getting another—I went up to him, touched him, and called "Stop thief"—he jumped up and ran out—I followed, but was not able to overtake him—he was brought back almost directly—I have not a doubt he is the person.
SAMUEL TOPLIFP LUCY . I lire opposite the prosecutor. I was in my shop and saw the prisoner looking through his window—I then saw him go in and then run out, with Cook after him—I pursued and brought him back—he is the person I saw go in and come out.
GUILTY . Aged 23.— Transported for Seven Years.
HENRY BUTT . I am shopman to Joseph and Edward Butt, of Mortimer-street, Cavendish-square. On the 4th of March I received information, went into the street, and saw the prisoner running away with a piece of print in his hand—I pursued him with my brother, and as I got near to him he threw the print on the pavement—I overtook him and gave him in charge—I had seen the print safe half-an-hour before—this is it—(looking at it)—it is my employer's property.
Prisoner's Defence. I know nothing about the print—I was sent to Mortimer-street by a gentleman I work with in Somer's-town, for some money—I stopped in a public-house, and was running to make my time up, when they collared me and took me to the shop, but I was never near the place.
GUILTY . Aged 21.— Confined Three Months.
THOMAS COE . I am a shoemaker—the prisoner is the same. On the 26th of February, I called on him to know if he had any work—we went together to a public-house, and had two pots of porter among four of us—we then went to the corner of Bedfordbury, and had two pints of half-and-half, for which I paid—he told me he had nothing but 2d.—I treated him, knowing him as a shopmate—I was not tipsy—we then Went to the Star and Garter in St. Martin's-lane, and being cold, had a pint of porter—I fell asleep there, having been up very early that morning—before I went in, I had put a half-crown in my right-hand waistcoat pocket to buy a piece of binding as I went home, that I should not break into it—the prisoner was with me when I did that, but I do not know whether he saw it—I had the half-crown when I went into the Star and Garter—I paid for the pint of porter out of my left-hand trowsers pocket, not out of the half-crown—it was between seven and eight o'clock in the evening when I fell asleep—the prisoner was there at the time—I was awoke by a soldier and a boy—they told me I had been robbed—the prisoner was gone then—I felt my pocket, and the half-crown was gone—I ran directly to the Crown, where I knew the prisoner used to go, and there found him changing a halfcrown at the bar.
Prisoner. Q. Had not I a good bit of money? A. You shewed me a soveregin.
JAMES WOOD . I was at the Star and Garter—I saw the prosecutor fall asleep there, and saw the prisoner search his pockets—he took something out of his right-hand waistcoat-pocket, looked at it, and went out of the tap-room—I told the prosecutor what had happened.
JOSEPH THOMPSON (police-constable T 39.) I was called by the prosecutor, and took the prisoner into custody—the prisoner-said the halfcrown was his own, and in going to the station-house he told me he took it off the table, not out of his pocket.
Prisoner's Defence. The prosecutor came to me in the afternoon, took me to these public-houses and treated me—we fell asleep in the last house, and I went home to take an order for a pair of boots—the half-crown was my own.
(The prisoner received a good character.)
GUILTY. Aged 37.—Recommended to mercy. — Confined Six Months.
THOMAS MARKS . I am a shoemaker, and live in Eagle-street, Marylebone. About half-past seven o'clock on the morning of the 4th of March I went to a public-house—I was not drunk—I was a little the worse for liquor—as I was going along the prisoner accosted me, and asked if I would treat her—I said I would—she took me to the Red Lion in Gilbert-street, and we had something to drink—I fell asleep, having been up all night—I had five half-crowns, two shillings, and two sixpences—I saw it safe when I paid for some purl when I went in—I fell asleep immediately; and was roused up again by feeling the prisoner's hand in my pocket—I Put my hand in and missed ray money.
THOMAS ARNOLD . I was in the tap-room, and saw the prisoner with her arm round the prosecutor's neck, and her hand in his pocket—the prosecutor sat up, asked for something to drink, put his hand in his pocket to
pay, and had no money—I asked what he had lost—he said 14s. or 15s.—I said, "Recollect yourself"—he then said it was five half-crowns, two shillings, and two sixpences.
JAMES CLOUGH (police-constable C 142.) I was sent for, and searched the prisoner—I took her outside the public-house—it was rather dark in the tap-room, and as she got outside I saw her attempt to throw something away—I caught her hand, and found in it five half-crowns, two shillings, and one sixpence—the prosecutor was not so drunk but he knew what he was about.
Prisoner's Defence. I had 17s., which was the change of a sovereign my landlady gave me on leaving home.
MRS. HAYLINS. I live at No. 21, Short's-gardens, Drury-lane, and let lodgings to working people, not to women, only single men. I had but one young woman in the house, and that was the prisoner—she was very nearly twelve months off and on at my place, and always bore a honest character—I never heard of her being tried before—I was surprised to hear she was in Newgate—she gave me a sovereign on Saturday week, as she was going out—I gave it to her back again on the Sunday, between four and five o'clock, as she went out, that I swear—she was working indoors washing—I gave it to her on the Sunday afternoon, as she was going out, and she said, "I will fetch in some beer when I come back."
GUILTY .** Aged 33.— Transported for Ten Years.
THOMAS RUSSELL DRURY . I am a printer, and live in Bartlett's-buildings, Holborn. On the 27th of February I met the prisoner about twelve o'clock at night, and was induced to accompany her to her lodging, in Compton-street, Clerkenwell—after being there some time I took some refreshment, and when I essayed to go I found she had stolen my purse—I had 8l. 4s. In my purse, and some loose silver in my pocket—I charged both her and her attendant, who was in the room, with it, and told them they had stolen my purse—after some little noise and dispute, the purse was returned to me, with 4l.—I had not given her any money, nor had she asked me for any—I was not going, but this was the occasion of my going—I was not in bed when I missed the purse—I might have staid longer but for this—we had not the least discussion about money—a few minutes after she returned me the 4l. I told her I missed 4l. 4s., and counted the money over—she then looked about, and returned another half-sovereign—I told her I would not go, I would have a policeman, and she in fact opened the window, and called out for the police herself—the policeman came, and I gave her in charge for the robbery—she did not make any complaint against me—the policeman found 2l. 11s., I believe.
Cross-examined by MR. PHILLIPS. Q. Had you been with any other lady that night? A. Not to my knowledge—no, I had not—I had not been in Chapel-street with any lady that night—I never said I had—I WAS sober, and the policeman can answer that—I took up the poker, and swore that no one should go out till I had the money—I believe I also said I would beat out the brains of every body in the place unless I got my 4l.—I dare say I said so, as I was in a passion—I did not tell the prisoner I had been to an accommodation house in Chapel-street—I sent out for some
porter and ale, and I think there was some gin—I drank some—there was a young man with me when I met the prisoner—he is not here—I met him in a tavern in Wardour-street—we had some gin there, I think—I cannot recollect how much—I paid 8d. or 9d.—I drank the gin neat—I do not recollect going to any other public-house, but I cannot exactly charge my memory—I will not swear I did not—I do not remember having a quartern of gin at a second public-house, but it may have slipt my memory—I have seen a person described to me as the prisoner's sister—I lost 3l. 14s. out of my purse—I had other money besides, half-crowns, shillings, and sixpences—I did not charge the prisoner with robbing me of 4l., not more than & 14s.—I have had 4l. from her sister, but it was not got from her by—I could not attend at Bow-street on the Saturday, and sent a person specifying my incapacity to attend—I went on Friday, and saw two or three females—one got up, and asked if I came to prosecute—I said, "Certainly"—she asked if I wished to prosecute—I said, no, ill I wanted was my money—she offered me 5l.—I said, "No"—she then offered 4l.—I said it was 3l. 14s.—I offered to give back the half-sovereign—she said, "No"—I went there to ask Sir Frederick Roe to pass the thing over—I got the money, and made use of it—nobody saw me with the money before I went to the prisoner's lodging—she examined the counterpane of the bed for the money—I might have looked, but did not look so far as the counterpane—I did not pick my purse off the bed, nor a half-sovereign from the counterpane—I had not undressed myself—I had undone part of my things—I had not paid the woman for the room, nor the prisoner either—I did not want to prosecute, but was compelled to do so—I told the sister I would not—I do not think I ought to return the 4l.—it has been more than 10l. out of my pocket in trade—the prisoner went out of the house, and returned again—she might have run off if she liked.
ANN HORTON . I keep a chandler's shop, in New Compton-street, Soho. I know the prisoner by sight—she came to my shop on the 27th of February, between twelve and one o'clock in the night, gave me a small parcel, and asked me to take care of it till the morning—I laid it, on the shelf, till I gave it to the policeman—I saw him open it—it contained two sovereigns, one half-sovereign, one shilling, and a small picture.
Cross-examined. Q. Did she not appear to be terribly frightened? A. I did not see whether she was—there was nothing to prevent her going off.
(Read)—"DEAR SISTER,—I am sorry to tell you but unless you come to me, and see what you can do, I shall be transported, as I have robbed a man. I am locked up in Bow-street watch-house; be sure be there tomorrow by one o'clock, and bring 5l. or 6l., or I shall be sure to be sent out the country, and please to pay the messenger; do not be after one o'clock.—Your sister, C. SAVILLE.
"To Mrs. Saville, 14, William-street, Hampstead-road."
JURY to JOSEPH SACK. Q. Was the prosecutor drunk? A. He was not sober—he was not so very drunk.
NOT GUILTY .
(The prisoner being a foreigner, had the evidence, interpreted to him.)
SHEIK MAHOMMED . I came to England in the ship Ann Robinson, On the 24th of February the vessel was in the Docks—the prisoner did not belong to that ship—I had a box on board containing a good many things, amongst which were three shawls, and fourteen yards of silk—I went to the hospital for a week, and had the key of my chest with me—a man came to me, and I went on board, found my chest broken, and the things gone—this silk and these shawls belong to me.
Prisoner. Two men that are gone away gave them to me—I do not know their names—they ran away—they belonged to the Ann Robinson.
GUILTY . Aged 30.— Confined Three Months.
MARY ANN ROBERTSON . I am the wife of Robert Robertson, of Farringdon-street, a cheesemonger. On the 4th of March the prisoner came in with another person, and while I was serving the other, I saw the prisoner take something out of the window, and as soon as they were gone, I missed the pig's head—I sent the boy after them.
CHRISTOPHER MANDERSON . I was sent after them—the prisoner and the other woman went into a public-house—I got a policeman, and gave the prisoner in charge—the pig's head was found under her arm—it is my master's.
Prisoner. I knew nothing about it till the next morning—I had come out of the workhouse, and met a person, who gave me something to drink.
GUILTY . Aged 50.— Confined Three Months.
JOSEPH KING (police-constable N 220.) I saw the two prisoners coming along about two hundred yards from the prosecutor's shop, George Hairs raised his apron up, and said to the other prisoner, "Is it not a fine one, won't mother like it?"—I said to George Hairs, "What have you under your apron?"—they both said, "Nothing"—I turned up the apron, and saw the sheep's head—I said, "Where did you get it?"—they said, a long way up Shoreditch, that their father had sent them to meet their uncle, and he gave it them.
Abraham Hairs. My brother did not steal it, my uncle gave it him.
NOT GUILTY .
GEORGE DIBLEY . I keep a public-house on Saffron-hill—the prisoner was my servant. On the 6th of March, about seven o'clock in the evening, I was in my bar, and my son cried out, "Father, there is Julia in the cellar"—I went half way down the cellar stairs, and the prisoner blew out the light—I went back, got a light, and went down, and then the prisoner came from the side of the spirit cellar, and smelt strongly of spirits—I went to where she came from—there was a glass bottle lying down, and the rum running out.
Cross-examined by MR. PAYNE. Q. how long have you kept this house? A. Nearly two years—the prisoner had lived with me about five months—I ordered her clothes to be tied up, and brought down for her to go—I put her clothes outside, and persuaded her for above half an hour to: go—I then said, "I have watched your clothes half on hour, I can't stop any longer, take your things, and go"—she would not, but knocked at my door afterwards, and I gave her into custody.
COURT. Q. Had she any business to draw the rum at all? A. No.
GEORGE DIBLEY, JUN . I was going through the passage into the yard that evening—there is a hole in the passage, and I saw a light shining in the cellar—I looked down, and saw the prisoner drawing the rum into a glass bottle—I called my father, he, and my mother, and I went down into the cellar—this bottle was lying down, and the rum running over a piece of stick—the prisoner's hands were wet with rum, and she was wiping them under her apron—the rum cask was wet, as some rum had been drawn out—I believe this is my father's bottle.
Cross-examined. Q. What sort of a hole was this? A. About as large as I could put my fist into—I was standing up at first, and then I knelt down, and saw what I did—I am quite sure I saw has drawing the rum—I go to church—I am twelve years old.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy. — Confined Nine Days.
NAPOLEON JOHN CROTON . I live in Hope Cottage, Chapman-gardens, Hackney-road, and am a brush-maker—the prisoner had been with me about three weeks. On the 19th of February I saw him put half a dozen toothbrushes into his cap, and put the cap on his head—I got a policeman, and took him to the station-house—one more brush was found on him, who duplicates for 141 brushes pawned at different pawnbrokers—they an all mine, and belonged to Mr. Patey, of Lombard-street.
Prisoner. I was not in the prosecutor's employ, but that of his daughter—she said he had nothing to do with it—these brushes were my own manufacture at the time of my starting in business, eighteen months ago.
correspond with some others which I have brought here—some of them have Mr. Patey's name on them—my daughter carries on business for me.
GUILTY. Aged 22.—Recommended to mercy.
Confined Six Months.
JOHN NEALE . I live in Blue Gate-fields. On the 22nd of February I was intoxicated—the prisoner was drinking with me—I went to bed that night, and I then had my jacket—I missed it about eleven o'clock the next day—I charged the prisoner with having taken it—he said he knew nothing about it—this is my jacket.—(looking at it.)
Prisoner. He gave me the jacket that night when he was drunk, and told me to pawn it—he keeps a brothel—there was a captain robbed in his house, and he does this to keep me from finding the captain out he told my sister, Catherine Page, that if I sent him the jacket back, he would say no more about it, and told me to keep out of the way of the police; and if he had not been drunk he would not have put it into the hands of the police. Witness. My wife does keep a brothel—I did not give him the jacket to pawn—I agreed to take some other property which his sister has brought back—if I had given him the jacket, he had no business to tear up the duplicate; and when I asked him the next day, he said he had taken no such thing.
THOMAS SQUIRE (police-constable K 282.) I took the prisoner—I said I wanted him for stealing a jacket—he jumped up from a chair, and said to a woman "You b.., if you bad not given him information, he would have known nothing about it"—when he was at the station-house, he said to. the prosecutor, "You know you gave me the jacket."
Prisoner's Defence. I got it out on the Monday, and sent it back by my sister.
MARGARET PYBUS . I live in Broad-street, Ratcliff. The prosecutor told me several times, that this was a drunken frolic entirely, and that he gave the prisoner the jacket to pawn, to get more liquor—he took the jacket back of the prisoner's sister, and then he told me he would not hurt a hair of his head—he said this voluntarily this morning, when I and Mrs. Page and her husband were drinking with him at the public-house over the way.
CATHERINE PAGE . I am prisoner's sister. I went to the prosecutor—he said he and my brother had been drinking together, and my brother had pawned his jacket—I said I was very sorry, but if he had pawned any thing, and I could redeem it, I should be glad to do it—I lent my brother the money, and got the jacket, and took it back—the prosecutor said, this morning, that he was sure my brother would not get hurt, and he said he gave it my brother to get more drink.
NOT GUILTY .
NOT GUILTY .
Before Mr. Recorder.
1108. THOMAS RAYNER was indicted for feloniously breaking and entering a building within the curtilage of the dwelling-house of Henry Burchfield Swabey, on the 23rd of February, and stealing therein 2 car riage-lamps, value 5s., and 1 whip, value 2s., his goods.
JAMES DUNT . I am servant to Henry Burchfield Swabey, of Pladget-house, East-Ham, Essex. The stables are enclosed with the house by a wall surrounding the premises—last Saturday morning I got up about ten minutes before three o'clock, and went into the yard—I found the prisoner (who is a stranger) there, with a whip and a pair of carriage-lamps, which had been in the corn-bin in the stable—the door was locked over-night, but it had not been broken—he had got into the loft through the old stable door adjoining, which was not locked, but was shot and tied with a piece of cord—I found the cord undone, and a spade put against the door inside to keep it to—the loft runs through both stables—he may have got out the same way—I did not see him in the stable—I went in to get the house, leaving the door open, and, as I returned, saw him crossing the yard—the spade was not then against the door, but it was when I first went to it—he must have got out after I brought the horse out.
Prisoner. I beg for mercy.
GUILTY of Stealing only. Aged 20.— Confined Six Months.
Before Mr. Common Sergeant,
MARY ANN WILSON . I am the wife of Joseph Wilson—he Keeps the Cock public-house, at Walthamstow. On the 7th of February, in the morning, I was in my bar; and as I had for some time suspected that my till was robbed, I marked sixteen halfpence and six penny-pieces—I left, and went up stairs for two or three minutes, and heard the till rattle—I came down, and saw the prisoner, who was my servant, coming out of the bar in a great hurry to go up stairs—I told her she had no business up stairs, she had the pots to clean, and I asked her what she was going for—she said she did not know—I told her to come back, as I had suspected her a long time of robbing me; and I sent my son for an officer—during that time the prisoner went to the water-closet—I afterwards saw six penny-pieces found there, and one of them was one I had marked—this rum and bottle, and this pin, which is mine, were found in her box by the officer in my presence—I know this rum is mine, because that morning our rum was rather thick, as this is.
JAMES REYNOLDS . I am an officer. I was sent for, and the prosecutor gave the prisoner in charge—I then went to the water-closet and found six penny-pieces—one of them is marked—I found this gold pin in the prisoner's box—this bottle and rum were given me by Mr. Wilson.
Prisoner. The penny-piece I picked up in the tap-room.
GUILTY . Aged 19.— Confined Six Months.
Cross-examined by MR. CARDEN. Q. how long had the prisoner been in your service? A. Eight months—I have known his family for years.
JAMES LINZETT . I am in the prosecutor's service. On the 20th of february the prisoner took two half-quartern loaves out of the bakehouse—they were worth 10d.—I informed my master of it a day or two after—I have had no quarrel with the prisoner.
Cross-examined. Q. Are you in the prosecutor's employ now? A. Yes—when the prisoner took them he said master gave him leave to take them—I said nothing to my master at that time, but in a day or two, when he was talking about it, I told him.
COURT. Q. Did he take another loaf? A. Yes, two on Tuesday and one on Wednesday.
Prisoner. I asked him for a bit of bread, and he told me to take it. and the next day he brought me one out.
GUILTY. Aged 21.—Recommended to mercy by the Jury.— Confined One Month.
Before Mr. Sergeant Arabin.
CLARA WOOD . I live with Mrs. May, a laundress, at Woodford, she washes for Mr. Frederick Mildred there. On Tuesday, the 25th of february, I washed two of his tablecloths, and hung them out in the drying ground at two o'clock in the afternoon—I missed them in half-an-hour they were marked—I saw them again on the Sunday following, and the marks had then been picked out.
WILLIAM NATHAN . I am a pawnbroker, and live in Three Colt-street, Limehouse. On Wednesday, the 27th of February, the prisoner brought these tablecloths to me to pledge—one of them was in the rough dry—we never take any thing of that sort, and told her so—she went away, and shortly returned with the two, mangled—I asked her where she obtained them—she said she borrowed them of her landlady named Harris—I found they had been marked "F. M."—I called a policeman and gave her into custody, seeing they were far too valuable to belong to her.
Prisoner. He has known me five years, and never knew any thing wrong of me. Witness. I had known her about two years ago pledging a few trifling things—my previous knowledge of her convinced me these could not belong to her.
(Property produced and sworn to.)
Primer's Defence. I bought them of a man in Rosemary-lane—I know nothing about stealing them.
GUILTY . Aged 38.— Confined Nine Months.
Before Mr. Recorder.
GUILTY. Aged 15.— Judgment respited
1113. CHARLES TAYLOR was indicted for feloniously breaking and entering-a building within the curtilage of the dwelling-house of Joseph Bell, on the 9th of February, at Woolwich, and stealing therein, 6 live tame rabbits, value 16s., the property of James Moseley.
CHARLES STEWART WARDEN . I am a constable of Woolwich. On the 9th of February, about half-past nine o'clock, I received information which led me to the prisoner's lodgings—he was at home—I there saw six rabbits—I asked him if they were his own—he said they were—I asked how long he had had them in his possession—he said from Saturday morning, the day previous—I asked of whom he bought them—he said of a young man named Jones, who worked with Mr. Barrett, a baker, at Charlton—(I have made inquiry, but find no such person)—I took him to the station-house—when we got near there he sprang away saying, "Here goes," or "Here's for it"—I followed and caught him—he resisted very much—it took three of us to bring him to the watch-house—I found hairs of rabbits, and feathers of fowls his pocket, and spots of blood on his shoes.
Prisoner. When he came to my room he said, "I have suspicions you have been stealing a copper and something else." Witness. I went there about a copper which had been stolen the previous night, and found the rabbits there.
Prisoner. I wanted him to go for the man I purchased the rabbits of, but he would not—when we got near the cage I said, "Well, I will go myself"—I had scarcely turned round when they took hold of me, and took me into the cage, and said, "This proves your guilt"—I said, "What?"—they said "Running away"—it does not stand feasible I should run away from three constables. Witness. I suffered him to walk by my side to the station-house—he requested me to let him go and see this person—I said I could not allow it, but said I would go myself if he would tell me where—he then sprang away, and ran forty or fifty yards before we took him, and made a very desperate resistance indeed.
JAMES MOSELEY . I am a boot-maker, and lodge in Church-hill, Woolwich, in the house of Joseph Bell. I had a doe and five young ones, which I saw safe about half-past ten o'clock on Friday night, and missed them about half-past seven next morning—I saw them again the next day—this is the doe—(looking at it)—there is a brown mark on the back of the neck, which I know it by—they were kept in a hutch in the wash-house in the back yard, which is within the fence of the house—I had fastened the wash-house with a padlock when I went to bed—next morning I found the window of the wash-house had been broken nearly all to pieces, and the padlock prised—there were spots of blood on the window, the window ledge, the wall, and on the ashes beneath the window—there were footmarks under the window, such as would be made by a person without a shoe, or with an old shoe without a heel.
JOSEPH BELL . I am a carpenter in the Royal Arsenal at Woolwich, Moseley lodges in my house—he called my attention to the state of the wash-house on Saturday morning, the 9th of February—I know he kept his rabbits there—I had seen the prisoner about from time to time.
WILLIAM THOMAS CHITTENDEN . I am an officer of Woolwich. I took charge of the doe and rabbits which we found at the prisoner's house—I examined the footmarks on the ashes—they appeared to be the same as the prisoner's shoes, but they had been disturbed, so that I could not compare them—there is very little heel on one of the shoes.
Prisoner's Defence. I purchased them of a young man in a public-house the previous night, for 3s. 9d.
GUILTY . † Aged 19.— Transported for Ten Years.
EDWARD OLIVER . I am a shipwright at Woolwich Dock-yard; I have a room in the Britannia, at Woolwich. I left my lodging the day before Christmas, for three weeks and four days, leaving my trowsers in my room—I locked the door, and left the key with the landlady—when I came back I missed my trowsers—these are them—(looking at them)—the prisoner was in the house when I left.
DAVID JONES . I live at the Britannia public-house, Woolwich. On the 17th or 18th of January I missed several things from my bed-room, which made me search Oliver's room, and miss his trowsers—this is my sword—(looking at it)—I kept it in a lumber-room in the house—I saw it last about the 23rd of November—the prisoner Roberts lodged at my house last summer—he came, and wanted to enlist in the Manses, but they would not take him, and, from charity, I found him in victuals and lodging—he left at the latter end of October, and I did not see him again till he was before the Magistrate—Hone was in the habit of sleeping in the house, but had left before the robbery—I lost between 20l. and 30l. worth of property out of my bed-room.
South-street, Lambeth—he had these trowsers on, over some others—I apprehended Hone last Monday evening.
JOSEPH SHARP . I am a pawnbroker at Deptford. On the 5th of January Hone brought the sword to me—I refused to take it—he went and fetched Roberts, who said it was his property—I then took it, and gave Hone 2s. on it.
Roberts's Defence. I was employed by Mr. Sanden to look after a bull at 6s. a week, from November to Christmas—three days before I left, his boy came to me, said he had left his place, had no where to sleep, and asked me to let him sleep with me, which I did—I left Mr. Sanden, and came to London to look for work—the boy came with me—he had a small bundle, and said what was in it was his own—he got himself a place in London, and so did I—at the time of the robbery be was in his place—neither of us were out of our houses, excepting my going out to get victeals, and his going to get his master's beer.
ROBERTS— GUILTY . Aged 27. Transported for Seven Years.
HONE— NOT GUILTY .
1115. JOHN LANE was indicted for breaking and entering the dwelling-house of Daniel Cowry, on the 17th of February, and stealing therein, 3 shirts, value 3s.; 1 shift, value 6d.; 1 apron, value 6d.; 1 waistcoat, nine 6d.; 1 hat, value 1s.; 1 handkerchief, value 6d.; 3 pairs of stockings, value It.; 1 pair of drawers, value 6d.; 1 pair of trowsers, value 18d.; 1 veil, value 4d.; 2 coats, value 18d.; and 1 pair of spectacles, value 6d.; the goods of James Conjuet.
CATHERINE CONJUET . I am the wife of James Conjuet, a pensioner, of Greenwich—we occupy some rooms in Church-street, in-the house of Daniel Cowry—I do not know how he spells his name—we keep a clothes shop in the front room. On Saturday night, the 17th of February, I went to bed at nine o'clock—I left all the doors fast—the back and front doors were bolted, and the inner one also—the back room window was fastened—I got up about seven o'clock next morning, and found all the doors I had bolted were open—the street-door was open—the window was close down, with the fastening in it—a whole row of bricks was broken away, and the things stated gone from the two rooms—I found an old shirt, an old coat, and a pair of stockings left behind, which did not belong to us.
BENJAMIN LOVELL (police-sergeant R 15.) On the 17th of February, about ten minutes after six o'clock in the morning, I saw the prisoner in High-street, Deptford—it was quite dark—I went over to him, and asked how he came out so soon in the morning—he said he had been to his uncle's, in Effingham-place, and had a piece of pork which his uncle had given him—I saw he had on two coats, two waistcoats, and two pairs of trowsers, and a variety of articles stuffed in his clothes, and about his person—he said his uncle had given them to him—I took him to his uncle, who aid he had not seen him for a week—I have seen the coat the prisoner usually wore, and know it—I found that coat on the prosecutor's premises—the prosecutrix claimed the articles I found on him—the premises appeared to have been entered by the back window—the bricks were all pulled down by trying to get in at the window—they had got out at the door—I understand the landlord's name is spelt Cowry, but I do not know myself.
concealed in my shop that afternoon while I was hanging clothes out to dry, and turned him out—my husband is blind—while I was away the prisoner must have concealed himself in the shop.
Prisoner's Defence. I was not in the shop at all—it was not my coat that was found.
GUILTY.* Aged 15, of Stealing only.— Transported for Seven Years.
Before Mr. Sergeant Arabin.
MARTHA RAY . I live in Powis-street, Woolwich—the prisoner is my brother, and lives at home—he does any work he can get to do. On Ash Wednesday I put half a crown and a shilling into a tea-caddy, and locked it I missed it that morning—my brother had been at home on Tuesday night—the caddy was not broken open, but the money was gone—there was 8s. more, which was left.
CHARLES STEWART WARDEN . I am a constable of Woolwich. I received information from the prisoner's mother, and took him into custody—I told him he was accused of stealing a half-crown and a shilling—he repeatedly declared he had never taken it—I found 4d. on him, which he said was all he had, and he had earned it the previous day—I found a half crown in his neckcloth afterwards.
Prisoner's Defence. I was at work Monday and Tuesday carrying a play-board—on Tuesday night a gentleman asked me to take some tickets—on Wednesday morning he gave me 4s. 2d. for two days and a night's work—I put half a crown and 1s. 6d. In my neck handkerchief—I had 4d. in my pocket—I got supper with it, and paid a young chap some money I owed him.
GUILTY .* Aged 19.— Transported for Seven Years.
Before Lord Chief Justice Tindal.
MR. BODKIN conducted the Prosecution.
ELIZABETH REES . I am the mother of Charlotte Rees—she was seventeen years old, and lived with me in a cottage at Woolwich. On Monty, the 4th of March, I went out to take my husband's dinner—my daughter was not at home when I went out—I saw her last alive at seven o'clock that morning—I came home about seven o'clock in the evening, and on entering the cottage found her lying near the fire-place dead—I sent for Mr. M'Donald—I would humbly beg pardon for the prisoner—I am very sorry for him.
JOHNM'DONALD. I am a surgeon, and live at Woolwich. I was called in on the 4th of March, about seven o'clock in the evening, and saw
the body of the deceased—she was quite dead—on examination I found a portion of the brain protruding from the head—she had a gun-shot wound in her head, which was the cause of her death—I examined the wall of the cottage abutting on Mr. Furlong's garden—there was a hole by the side of the fire-place, through which a ball had entered—it was a feather-edged.
EDWARD SUTER . I am a cabinet-maker, and work for Mr. Furlong, at Woolwich. The prisoner also worked for him, and M'Connell also—we were all three in the garden, on the evening of the 4th of March, at half-past five o'clock—M'Connell loaded the gun with powder and ball in my presence—after it was loaded, the prisoner came up and joined us—it was proposed that it should be fired at a mark, and a block of wood was put up for the purpose—the prisoner fired the gun at that block of wood, which was between him and Rees's cottage—the block was about twelve yards from the cottage, as near as I can judge—the prisoner stood between five or six yards from the block when he fired—it was a chopping-block, a sort of stool, which stood on three legs—it was from twelve to thirteen inches thick, or eighteen or twenty inches in diameter—he fired at the centre of it—there was a piece of paper on it as a mark—we were not aware of any mischief having happened—the gun was only fired once that evening—in the course of the evening we heard of the death of the young woman, and as we were going to bed, the prisoner told me he was afraid that something had been done with the shot of the gun that night.
Cross-examined by MR. PHILLIPS. Q. At the time you went out with the prisoner, did you know this was a cottage, or did it appear a wooden fence? A. I thought it was a shed—I had no notion that any body was living there—the prisoner was very much affected when—he heard what had happened.
COURT. Q. Did one end of the cottage form the fence of the garden? A. The cottage is at one corner of the garden, and the paling runs on from it—it has a roof to it, and a chimney—it stands in the high road—there is no other cottage there.
MR. PHILLIPS. Q. Did there appear any window on that side? A. No; I think I could reach the top of the cottage with my hand.
JOHN WEBBER . I am one of the parish officers of Woolwich. I went to the cottage, and found a ball in the side of the window-sill, in an oblique line with the fire-place—I noticed the hole in the fence.
COURT. Q. What is there on the other side of the cottage? A. Trees of another garden; it is a large open space—Mr. Furlong's premises are on the left—there are other gardens on. the right—I should think the garden is bout fifty yards wide.
JOHN FURLONG . I am an auctioneer and upholsterer at Woolwich. The prisoner was in my employ—my garden is about eighty feet long—from the shed where the young men stood, to the cottage, is, I suppose, about fifty feet—there is a cottage on the right-hand side of the garden, and in a line with my shed—the cottage is on the opposite side to where the young men stood, and there are gardens surrounding it—you go up an alley to get.
COURT. Q. Then the cottage does not abut on the high-road? A. No—you go up an alley to it, and cross a garden—one side of it forms part of the wall of my garden—there is a fence on the right, about eighteen inches higher than the cottage—it divides my garden from another—on the left-hand side of the cottage is my ware-room, and opposite the block is a
large stack of timber, twenty feet high—on the right-hand side is a continuation of the high fence—there is an open garden beyond the fence—it is a wooden fence all round, in keeping with the cottage.
Cross-examined. Q. It all presents the same colour? A. Very nearly—it is all boarded and all tarred—a person might pass it for years, I think, and not discover that it was any thing but a continuous fence—the prisoner has been about twelve months in my service—he has been every thing I could wish, as a master—I have partly furnished him with the means of defending himself—he went of his own accord to the high constable, and before the Jury, to give an account of the transaction—I knew nothing of the circumstance that had happened till eleven o'clock at night, when the gentleman came to search my premises—the prisoner was very much agitated indeed at the calamity.
GUILTY. Aged 22.—Strongly recommended to mercy by the Jury, Confined Fourteen Days.
Before Mr. Common Sergeant.
JOHN HILLS . I live in High-street, Deptford, and am a tallowchandler. The prisoner had been in my employ for five or six years—on Saturday, the 16th of February, he came to work, about five minutes before seven o'clock, and hung his coat up in the usual way, about a quarter of an hour afterwards I felt down his coat, but found there was nothing—on my return from tea, at half-past five o'clock, I placed my body against his coat, while looking at his work, and felt something bulky in the pockets—I took no notice, but let him go on till he had finished work at half-past seven o'clock, and as he was passing the front-shop, I told him I suspected him of having robbed me—I sent for a policeman, and he found 2 1/2 lbs. weight of tallow in one of his coat pockets, 2 1/2 lbs. weight of kitchen-stuff in another, and 2lbs. weight of kitchen-stuff in his hat—his house was searched, and some more found there.
Cross-examined by MR. CLARKSON. Q. Are you a melter? A. No—I can swear to one bit of kitchen-stuff, which was found at his house—there is 91bs. weight of kitchen-stuff, in the indictment, which includes what was at his house—I could swear to one bit on that day, for we had a leg of mutton, stuffed with sage and onion, and the dripping of that was carried into the work-shop by my mother, and emptied by the prisoner into a cask, but I did not see him do it—I saw a little girl bring him his tea, and there is no doubt she took it away—I give 2d. or 2 1/2 d. a pound for kitchen-stuff—I know this tallow by its being the scrapings of a Russia cask—there is nothing to distinguish this from the scraping of any other Russia cask.
GUILTY . Aged 41.— Confined Four Months.
GEORGE MURKIN . I am a labourer, and live in Trafalgar-road, Greenwich. I left two handkerchiefs and a coat,, on the 12th of February, with my sister, at No. 15, East-street—I lost them—these are them.
MAKTHA QUINN . I am the prosecutor's sister, He left his coat and handkerchief in my care on the 12th, and on the 18th I hang the coat on the balustrade of the stairs—I missed it, and the handkerchiefs, which were in the pocket.
CHRISTOPHER BRANDON (police-constable R 87.) I was in the Blackheath-road on the 13th February, about three o'clock, and saw the prisoner walking fast with this coat—I asked him what he had got—he said a coat, which his uncle had given him to go to his father—I took him with it
Prisoner. I was playing round the College—a boy asked me to pawn the coat for 4s., and said he would give me 1s. (The prisoner received a good character.)
GUILTY .* Aged 15.— Confined Six Months.
Before Mr. Sergeant Arabin.
1120. REUBEN RANDALL was indicted for stealing, on the 20th of February, 1 spade, value 4s., the goods of Henry Watt: also, on the 1st of March, 1 iron skid-pan and chain, value 10s., the goods of Ann Wilmott and another; and that he had been before convicted of felony; to which he pleaded
GUILTY .* Aged 22.— Transported for Seven Years.
GUILTY . Aged 18.— Transported for Seven Years.
Before Mr. Recorder.
JOHN WALKER (police constable R 182.) I was on duty on the 9th of February, in East-lane, Greenwich. The prisoner's father came to me, and in consequence of what he said, I went to Hogg-lane—I saw the prisoner there—her father said to her, "Now, Mary, tell the policeman what you have been doing—tell him the, truth"—I did not encourage her to tell me—I said nothing to her—another girl of the name of Gainey was taken that night for stealing linen, and her father said that he had heard that some policemen had been to his house after his girl. (See page 905.)
THOMAS JONES . I am the prisoner's father. I fetched the policeman on the 9th of February—my daughter was then at home—she had not left the house from about eight o'clock at night—a person came to my house, and stated that my daughter had been out with Catherine Gainey, that Gainey was taken with a lot of wet linen; and that my daughter had run away—I told my daughter that it would be a deal better for her if she would tell what she knew about it, and she said she knew nothing about it—I then went to the policeman, and told him what I had heard—I told him my daughter was at home, and had not been out that night.
me if she knew any thing about it, she said, that about a fortnight ago, she and Gainey were together, coming by a house at the lime-kilns, and Gainey said she would have a shirt or a shift, to pay her lodging—that Gainey went into the garden, and that she herself had run away—she said she would take me to the house where Gainey had taken them from—I went to the house, and found Mrs. Abraham—she had lost a shirt and a shift about a fortnight ago—I took the prisoner to the station-house, and the Inspector would not detain her—on the next day I got farther information—I went to the prisoner, and told her she must go with me to the station-house, for stealing a shirt and shift—she said she did not steal them, it was Gainey gave them her to pledge, and she had dried them at Mrs. Gooden's, and pledged them—that was the information I had heard.
ELIZABETH GOODEN . I am a widow, and live in East-lane, Greenwich. The prisoner called on me on the 9th of February, and brought a shift to dry—I said, "Mary, have you got no fire at home?"—she said, "No"—after she had dried it, she took it to Mr. Williams—I did not go with her, but she said she was going there to pawn it for 1s. 6d.—she came to me on the Thursday, and said, "You may burn the ticket"—I said, "Mary, do not do that, if you like I will take care of it for you"—I gave it her again on the Friday night.
Prisoner. She had 9d. of the money. Witness. I never saw a halfpenny of it—it was the 9th of February, as near as I can guess.
ANN ABRAHAM . I am single, and live in Burling's-gardens, Greenwich. This shift was entrusted with me to wash, it belongs to a servant of Mr. Court's, who lives in Meeting-house-lane, Peckham—I washed it on Wednesday, and gave it to a woman I employ to hang out—I missed it in the evening—my yard is enclosed.
GUILTY .*** Aged 15.— Transported for Seven Years.
GUILTY .— Confined One Month.
Before Mr. Recorder.
1124. JOHN HENDRY was indicted for embezzling the sums of 6l. 1s. 6d.; 2l. 12s.; 6l. 17s. 4d.; 5l. 15s.; 1l. 5s.; 1l. 17s.; 2l. 10s. 6d.; 6l. 2s.; 5l. 11s.; 6d.; 7l. 19s.; 4l. 14l.; 4l. 2s.; 2l. 14s.; 4l. 9s. 6d.; 1l. 10s. 6d.; 1l. 18s. 10d.; and 4l., which he had received on account of Webster Flockton, and Thomas Metcalf Flockton, his masters; to all of which indictments he pleaded
GUILTY . Aged 39.— Transported for Seven Years.
GUILTY . Aged 23.— Confined Eighteen Month.
GUILTY . Aged 22.— Confined Three Months.
GEORGE WINDSOR . I am a fellmonger, and live in Russell-street, Bermondsey—the prisoner was my carman. On the night of the 19th of February, I had been out with my horse and chaise—I went to the stable, and saw a quantity of wool in a cupboard there, wrapped in a handkerchief—the prisoner came in, finished the horse, and went out—I set a constable to watch, and watched myself also—about a quarter of an hour after I saw the prisoner come out of the stable, and he was taken into custody—I saw the same bundle I had before seen in the cupboard in the officer's hands, and at the station-house saw a quantity of wool taken from inside the prisoner's trowsers—I have no doubt this is mine—(looking at it)—I kept my wool at the bottom of my premises—the prisoner had access to it—he has lived with me between two and three years—I always found him honest before—I think he was a little intoxicated at the time.
GUILTY. Aged 29.*—Recommended to mercy. — Confined Two Months.
EDWARD JOHN MAJOR . I am errand-boy to Thomas Parnell, a hosier, in Blackman-street. On Saturday, the 16th of February, about ten o'clock, I was outside his shop, and observed three coats fall down, Which had been hanging by a string at the door—I ran to them, and saw the prisoner run away with one on his arm—I followed him—he dropped the coat—I cried, "Stop thief!" and he was taken without my losing sight of him—he had only got five or six yards—he was stopped directly, dose by the Queen's Bench prison—this is the coat—(looking at it).
DENNIS DELANY (police-constable M 54.) I was on duty in Blackman-street, and heard the cry of "Stop thief"—I saw the prisoner funning without a hat from the corner of Suffolk-street—I Saw him drop something—I pursued him about fifty or sixty yards, and stopped him and brought him back to the shop.
GUILTY .* Aged 19.— Transported for Seven years.
JOHN BALLARD (police-constable V 170.) On the 7th of February I went to the house of William Knight, in Canal-place, Camberwell, and saw the prisoner—I asked where he was the evening before at half-past nine o'clock—he said, "At Clapham"—I asked if he had been to Wandsworth that day—he said he had, but left early in the morning—I took him into custody, searched a back room in the house, and found, in an earthenware vessel, tied over with a handkerchief, two legs of mutton and a piece of beef—the shanks of the legs of mutton were off, and were found in a saucepan in the room in which Knight and the prisoner were.
SARAH KNIGHT . I am the wife of William Knight, a labourer, and live in Canal-place, Camberwell. The prisoner lodged with us—he had the back room down stairs, and front room up stairs—the back room is kept for the accommodation of the lodgers—the other lodgers occasionally put things there—the earthenware pan in that room belonged to the prisoner—I do not know that the other lodgers used the room, but they might if they chose—I am sure my husband and myself never put any thing there—the prisoner is married—his mother lives at Wandsworth—he came home on the 6th of February very shortly after six o'clock—it could not be much after.
WILLIAM FOX . I am a gardener, and keep a butcher's shop at Wandsworth. On the 6th of February I missed three legs of mutton and a piece of beef, between six and a quarter past six o'clock—I saw the two legs found by the officer, and can swear to them, by a mark.
NOT GUILTY .
JAMES SPURWAY . I am a labourer, and live at Wandsworth. On the 2nd of February I lost a shovel from a box under an arch of the Southampton railway, where I hid it when I left work—this is it—(looking at if)—I know the prisoner.
Cross-examined by MR. DOANE. Q. IS it not very common for men when they leave work at the railway to sell their shovels? A. Yes.
Cross-examined. Q. Are you quite sure the prisoner pawned it? A. Yes—I did not take particular notice of his dress—I never said he had a smock-frock on—it was about seven o'clock—I cannot speak to an hour—he was a very short time there.
MR. DOANE called
PHILIP NOTT . I am a labourer on the railway—the prisoner is also a labourer. On Saturday, the 2nd of February, I was in his company all day—he was along with me at six o'clock at night, at the George at Mortlake, that is four miles and a half from Wandsworth—I left him at six o'clock coming out of the public-house to go home—I saw him go home—he lives at Mortlake—I went further on, nearer Richmond.
COURT. Q. What makes you recollect that particular Saturday? A. We were paid on that Saturday morning—we are not paid sometimes for a fort-night
—the prisoner receives the money for two labourers besides himself—we did not work that day at all—he came to work next week—he worked on the rail-road, about a mile from Wandsworth—he has borne an honest character.
NOT GUILTY .
JOHN HOLLOWAY . I gave my shovel to Spurway, to put away under the archway—the prisoner did not work on that railway—he worked on the Croydon line—I missed my shovel about three weeks before Christmas.
JOSKPH THOMPSON . I am a labourer at Wandsworth. I bought this shovel of the prisoner about six weeks ago, for 1s. 6d., on the Wandle Banks, about a mile from Wandsworth—I heard it was stolen shortly after.
Cross-examined. Q. I believe you sold it afterwards? A. Yes, to one Spanger, who is not here.
NOT GUILTY .
Before Mr. Justice Williams.
1132. THOMAS BOYLE was indicted for unlawfully, maliciously, and feloniously, assaulting William Scrivener, on the 25th of February, and cutting and wounding him on his left thigh, with intent to kill and murder him.—2nd COUNT, stating his intent to be to maim and disable him.—3rd COUNT, to do him some grievous bodily harm.
WILLIAM SCRIVENER . I am steward of the Rainbow steam vessel. The prisoner belongs, to the James Watt—I had seen him once or twice before this transaction, but never spoke to him—on Monday afternoon, the 25th of February, about five o'clock, I went on board the James Watt, to we my cousin, who is steward of the vessel—the prisoner was not there when I first went—one of the Custom-house officers came down into the pantry, and complained that they could not get their tea in the fore-cabin—the steward said he was sorry for it, as the prisoner, who was steward of the fore-cabin, was gone ashore—the prisoner came down after that into the pantry—my cousin said to him, "You are tipsy," and I said, "He certainly is tipsy"—I spoke to my cousin, but the prisoner heard me, and called me a b liar, arid after a little abuse I turned bin) out of the pantry—I pushed him out, there was no violence used—I, took him by the shoulder, and toned him out—no blows were struck—lie resisted very little—I remained with my cousin a minute or two, and then went on deck, and went into the saloon with Butterfield, my brother-in-law, who was on deck—he does not belong to the vessel—after sitting there conversing a short time, the prisoner came into the saloon with an axe in his hand—he got hold of the handle with both hands, and said, "Now, you b—, I am ready for you"—he was not above two or three feet from me, and was walking up to me—he immediately made a blow at me, but I warded it off, or it would have struck me on the shoulder—I jumped off the cushion I was sitting on, and received the blow on the back of my hand, and the axe slipped down from my hand on to my left thigh, and cut it—I bled—I tried to get hold of the axe, but he got it out of my hand and struck me with the blunt part of it on my knee—I had not got it from him, but
had hold of it—I then got it from him, knocked him down, and gave the axe to the first person I saw, who was a Custom-house officer—I am quite sure I had not struck the prisoner before he struck me with the axe—this was about ten minutes after I had pushed him out of the pantry as near as possible.
Cross-examined by MR. BALLANTINE. Q. Did you state before the Magistrate any thing about his striking you with the blunt part of the axe? A. I do not know that I did—he was very drunk as far as I could see—I was not drunk—I had only had one glass of whiskey and water—my hand was only hurt a trifle—it was the handle or blunt part of the axe that took my band—it slipped down on my leg, and the edge cut my trowsers—the wound was hot very severe—I have been laid up since with it—I was sitting down when he came towards me, and said, ""Now. you b—I am ready for you"—he gave me notice of his coming by saying that—if I had not seen him coming, the blow might have been more violent—I do not know that I gave him a black eye—I knocked Kim down after this—it is a curiously constructed axe—he had hold of the handle and iron part—the sharp part of the axe was directed towards his, lam quite sure—if it had caught me it would have cut my collar bone.
JOSEPH HEWARD BUTTERJIBLD . lam mate of the sloop William. I was a the pantry, on board the James watt, when the prisoner came down, but when the scuffle ensued I went out, and cannot say how Scrivener turned him out—he was trying to shove him out, and he rather resisted the shove—about ten minutes after, I was in the saloon, sitting on the table, and the prosecutor on the cushion by me—I was talking to him, and heard somebody coming down the steps, and heard a voice exclaim, "Now, you b—I am ready for you"—I looked round, and said, "Oh my God, I look at this man with the axe—the prisoner came in, and Scrivener jumped up and tried to resist him—the blow was made at him—he caught it on his hand, and the sharp part of the axe fell on his thigh—it would have cut him most prebably on the shoulder, if he had not warded the blow off-the prisoner had hold of the axe almost close to the head, so that it would not have been so severe as if he had got hold of the other end—Scrivener saw him coming, jumped up, and tried to wrestle the axe from him, and from what I could see, the prisoner made another attempt to strike him, and hit him on his knee, but I could hardly see as it was not very light—he had hold of the prisoner at the time, and they were struggling for the axe—Scrivener got the axe from him, and delivered it to the custom-house officer—I went on deck, and know nothing more—he knocked the prisoner down in the struggle.
Cross-examined by MR. BALLANTINE. Q. When the prisoner came into the saloon, and used this expression, I believe Scrivener got up and went towards him? A. Yes—the prisoner was approaching towards him.
JOHN BLYTH . I am an officer of Customs. I was on board the james Watt—I was in the pantry when the prosecutor's cousin said the prisoner was tipsy—the prosecutor said, "Yes, he is tipsy," and the steward said, "You had better go ashore, you are not fit for duty"—the prosecutor said "No, you are not, for you are tipsy"—the prisoner called him a b—liar—the prosecutor skid, "If you were not tipsy, I would knock you down—I then left the pantry, and did not see the scuffle—about a Quarter of an hour after, Hussey brought the axe to me on deck.
six o'clock—I heard the prosecutor say, "Oh this villain, "or "follow" has brought, an axe to murder me"—I turned round, and saw the prisoner, the prosecutor, and Butterfield struggling together—I ran, and, pulled the axe out of the prosecutor's hand, and brought it up on deck—I did not see any blow struck—it was rather dark, and I could not see, distinctly—there might have been, a blow, and I not see it.
JAMES FOGG . I am a Thames police-surveyor. I, took the prisoner into custody, on the next day, in Thames-street, near where he lived—I sent a constable to his house for him, and he brought him to me—I told him it was a serious charge, and asked him how he came to use, such a thing as axe of that, sort—he said he did not intend to kill him, he only intended to frighten him—I received the from, the carpenter of the James Watt.
I am a surgeon. The prosecutor was brought to my house on Monday evening, the 25th—I found an incised wound, in the anterior part of the thigh, about eight inches above the knee—it was about two inches long, or rather more, and perhaps half an inch deep—I should think this axe, might have occasioned it—it could not have been a blow given with force, but probably the axe had slipt op the thigh in the scuffle—if is had been applied with the least force, it most have gone deeper—it is a sharp axe—the prosecutor is doing well, but there is still some inflammation.
(The prisoner received a good character.)
GUILTY of an Assault only. Aged 21.—Recommended to mercy by the Prosecutor. — Confined One Year.
Before Mr. Common Sergeant.
1133. JOHN JONES and THOMAS MAYO were indicted for stealing, on the 2nd of March, 2 firkins, value 2s., and 130lbs. weight of butter, value 6l. 10s., the goods of John Scovell and others; and that Jones had been previovaly convicted of felony.
MR. PAYNE conducted the Prosecution.
THOMAS LANE . I am in the employ of Messrs. Scovell, of Scovell,'s-wharf, Tooley-street. Last Saturday evening I was on the wharf, and saw the prisoner Jones take a firkin of butter off a truck, which stood opposite the cellar steps half unloaded, and place it on a tierce of pork—he then took another in his arms, but seeing Mr. Gibson the foreman, coming, he laid it down by the side of the truck till he had passed, then took it up again, and placed it in a cart, which stood there—I saw Mayo back the cart towards the truck—I went to the cellar, and told Sculley, who immediately came up, and went to the cart—Jones was then in the cart, covering the firkin with a tarpaulin—Mayo was at the horse's head at the time—Sculley asked Jones what he was going to do with it—he immediately jumped down, and ran away-Mayo ran away at the same time, leaving the cart—about ten minutes after, as we were taking the cart towards the green-yard, Mayo came up, and demanded to know where we were taking the horse and cart to, and said it belonged to him—he was taken into custody—Jones was also taken on the wharf by Mr. Gibson. Jones. Q. Do you mean to say you saw me take the firkin? A. did, off the truck—I was only six or seven yards from you.
Mayo. Q. Did you see me bring the cart on the wharf? A. No, hut I saw you shove it against the truck; I am sure of that, and I had seen you come down the wharf with the tarpaulin op your back.
MICHAEL SCULLEY . I am a labourer at Scovell's wharf. I was called out of the cellar on this occasion by Lane, and saw Jones in the cart, covering over a firkin of butter with a tarpaulin, and Mayo at the horse's head, with the reins in his hand—I asked Jones what he was doing—he immediately jumped out of the cart, and they both ran away.
Jones. Q. You said at the Town-hall that you saw me put the firkin in the cart, and jump up into the cart? A. Yes, I did from the truck, and saw you cover it over with the tarpaulin.
WILLIAM GIBSON . I am foreman to Messrs. John, Henry, and George Scovell. I was walking down the wharf on this Saturday, about six o'clock, and saw Jones running down the wharf, very fast, with two or three of our men after him—I allowed him to pass, not knowing the meaning of it, but hearing the cry of "Stop thief," I pursued him up Tooley-street and Dean-street, took him, and brought him back to the premises.
Jones. Q. Was I inside the gates? A. Yes, about fifty yards up the yard.
JAMES WARD (police-constable M 166.) I was called in by Mr. Gibson, and took Jones into custody—I examined the cart, and found one firkin in it, covered over with a tarpaulin, and another firkin on some barrels of pork.
Jones's Defence. I know nothing at all about it.
Mayo's Defence. I know nothing about the butter—I left my cart in Tooley-street while I went to buy some potatoes, and missed it for half an hour—I inquired after it, and never saw it till I saw Jones and the policeman with it—I asked where he was going with it—he said to the green-yard—the policeman directly turned round to Sculley, and said, "Is that one of them?"—he hesitated for a moment, and afterwards said, "Yes"—the policeman said to his brother officer, "Ned, detain him"—I did not want any detaining, I walked to the station-house, and was gives into charge.
JONES*— GUILTY . Aged 24.
MAYO*— GUILTY . Aged 32.
Transported for Seven Years.
Before Mr. Sergeant Arabin.
1134. THOMAS BOXALL, alias Bowes, was indicted for stealing, on the 25th of February, 7 handkerchiefs, value 1l.; 2 stockings, value 6s.; 4 petticoats, value 4s.; 3 shirts, value 6s.; and 1 napkin, value 6d.; the goods of Edward Turnour, Earl of Winterton: 1 pair of shoes, value 2s.; 1 round frock, value 1s.; and 1 jacket, value 2s.; the goods of Anthony Stilwell: 1 hat, value 1s., and 1 apron, value 6d., the goods of William Sopp; to which he pleaded
GUILTY .— Transported for Seven Years.
Before Mr. Common Sergeant.
1135. JOHN WILLIAMSON was indicted for forging, on the 18th of February, a request for the delivery of 3 paint-brushes, 1 whitewashbrush, and 1 pot of whitelead, with intent to defraud Thos Wells; to which he pleaded
GUILTY . Aged 48.— Confined Two Years.
1136. JOHN COCKERELL was indicted for stealing, oh the 11th of February, 1 quadrant, value 1l. 10s.; and I quadrant-case, value 1s.; the goods of Charles Howes, in a vessel on the navigable river Thames.
CHARLES HOWES . I am master of the brig William Alexander, which was lying at Pickle-herring Wharf. I had shipped the prisoner as mate on the 6th of February, and on the 15th I missed my quadrant, which was safe on the 8th—I accused the prisoner of it, he denied it, and left the vessel.
Cross-examined by MR. CLARKSON. Q. Had you known him before? A. No—the quadrant was in the cabin of the vessel—I went on shore sometimes—the prisoner's wages were 4l. a month—he is married, and has two or three children—I have since heard that he was in great distress—I found the quadrant pawned in his own name—I think he might intend to redeem it and bring it back—if he had told me his situation I. would have lent him a little money—I should have no objection to take him again—he had not received any wages.
NOT GUILTY .
JAMES NOTTIDGE . I am a wharfinger. On the 17th of January my son employed the prisoner to take some sacks of flour to Bermondsey New-road, and he was to bring back the money—I was absent that day, and I only know from my son that he had employed the prisoner—he had never been employed by us before, but he has gone with the men as an assistant to them.
NOT GUILTY .
JOHN GRAHAM . I am a carman, and live in Gardner-lane, Upper Thames-street. On the 15th of January Sully was in my employ—I received several orders for sugar, and on the 16th I gave Sully an order to go to the West-India Docks to load five hogsheads of sugar—he was to deliver one in Gray's Inn-lane, one in Holborn, two in Blackfriars-road, and one in the New-cut—the one in Gray's Inn-lane was for Mr. Barber, and the one in the New-cut also—Pledger had been a servant of mine, but was discharged—on the 17th I heard that the hogshead delivered in the New-cut was short weight—I went over there to Mr. Barber's shop—I saw a hogshead lying in the shop, which had been delivered overnight, as Mr. Barber told me—the sample-tin had been removed—there were three odd nails in it, and only one was a cooper's nail, such as is used in the Docks—the hogshead was weighed in ray presence, and it weighed 14cwt. 27lbs. gross—it ought to have weighed 15cwt. 2qrs. 13lbs.—there was a deficiency of 1541bs.
Cross-examined by MR. CLARKSON. Q. Have you been accustomed to hogsheads of sugar? A. I have—I know that the tare varies very much, but this was weighed gross—some hogsheads are larger than others.
No. 34 weighed 15cwt. 2qrs. 13lbs. on that day—it had lost 5lbs. on the landing weight—that is the one that is-deficient—the person, who came for it produced an order—only one of these nails, in this, tin, is such as the cooper delivers out with his tins.
Cross-examined. Q. Did you weigh the hogshead? A. I saw it weighed close to the loop, where it was delivered to the wagon—there were six men employed in weighing—the man who put the weights in the scale is the man who always does it—he called out the weight—I went to the scale, and saw it, and then entered it—the tare of it was 1cwt. 2qrs., but this was weighed out gross—I delivered them to Graham's wagon, but I did not see the man—I did not go outside the dock wall.
GEORGE BARBER . I am a grocer, and live in the New-cut. On the 16th of January, about half-past eight o'clock in the evening, I received a hogshead of sugar from Mr. Graham's wagon—the two prisoners were both with it, and both assisted in delivering it—this Dock note was produced, "No. 34, 15cwts. 2qrs. 13lbs."—Sully produced it—the hogshead was marked "No. 34," and an "S M" and an "N" at the top, and on it was the landing weight, "15cwts. 2qrs. 18lbs."—I observed when it was pitched that near the drawing; hole, for about a, foot round; it, it appeared as if sugar bad been taken out—I weighed it next day, and it was 14cwts. 27lbs.—that was 154lbs. short—it had been locked up in the shop during the night, and I had the key—I gave it the next morning to my young man—the hogshead was weighed about, nine o'clock—we noticed at the time that the tin had not gut the right nails.
NOT GUILTY .
MARY TYER . I am the wife of Thomas Tyer—we live at Barnes, On the 18th of February we lost four geese—they are here—I have every reason to believe they are mine—I saw them safe that morning, and they ought to have come home that evening—I had bought them of Mrs. More.
WILLIAM MURPHY (police-constable V 131.) On the 18th I stopped the prisoner near Putney, with these geese in a sack—I asked where be got them—he said, "At the suspension-bridge at Hammersmith"—I said he should come with me—he ran from me, and ran into the Thames—I got nto a boat, and took him.
Prisoner. I went for a job of work, and when I got over the bridge two oung men asked me to carry the sack—when the officer stopped me I showed him the men—he used a bad expression, and said he would have me. Witness. He pointed out no person to me—he said this when be was remanded.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Three Months.
JAMES ALEXANDER MATTHEWS . I am of the firm of Smith and Matthews The prisoner's father had been a customer of ours—on the 8th of December the prisoner came with an order; dated the 8th if December, for four lengths of three-quarter pipe, signed, "John Armsby, sen."—he delivered it to me, and told me it came from his father—I ordered the pipe to be given to him—it was worth 1l. 2s. 4d.—I should not have given it him if I had not believed the note to have been his father's writing.
Prisoner. I had an authority from ray father to get it by honourably paying for it at the time that was agreed upon between him and me—I could call my father, but he is not in London—I have been in custody since the Saturday after Christmas-day—I was put by last Sessions—I was authorised by my father to get these goods, and I told the prosecutor I would call on him three weeks after Christmas, and pay him part of the money, and the other in four weeks after.
Witness. He said he would endeavour to get me the money from his father—his father is kept out of the way, I believe—we have had a warrant in two subpoenas against him, and we had the: case postponed from last Sessions, but we find he is kept out of the way.
GEORGE FARRANT . I am a carpenter, and lire in Brook-court; Lambeth. I wrote this order—(looking at it)—I met the prisoner at the Jolly Gardeners, Lambeth-walk, and he asked me to write him a note—I said, could he not write—he said, "No" and I wrote it under his direction—his father was not present.
Prisoner. I asked him to Write it, which he did—I did not say I could not write, but I could not write-well enough.
MR. MATTHEWS re-examined. Here is "I C N" to this note. I said to the prisoner, "What is this for?" and he said, "Senior, for my father to be sure."
GUILTY. Aged 48.—Recommended to mercy by the Prosecutor.
Confined Two Years.
(There were three Other charges against the prisoner.)
Before Mr. Recorder.
MR. ESPINASSE conducted the Prosecution.
JOHN BANBURY . I am a carpenter, and live in George-street-Camberwell. The prisoner was in my employ until the latter end of December—he was to use his own tools—he had no right to take mine—I missed a gauge, and then a mallet and two brad-awls, while he was-with me—I missed one brad-awl from the bench where I was working.
Cross-examined by MR. PAYNE. Q. What are you? A. A carpenter and builder. I am a retailer of beer as well—the prisoner was a tenant of mine—he has a wife and children—I put a distress into his house on the 6th of February—the broker took away his things, hut he was waiting a week for him, and I offered him to go away if he would—the rent was 1l. 1s. or 1l. 8s. 6d.—my mallet was pledged with a basket of things of his own, but the gauge with some other things—the mallet had not lost a Handle, while it was in my shop—I do not know that the prisoner has laid
any information against me at the Excise—he said he would do me a private injury—two officers called on me, and said some one had laid an information against me for selling spirits, and they asked me if I had sold spirits—I said no, I had not—that was some time in January—I do not know who laid the information, and I have not been to the office to inquire—the officer called on me since, and said, would I apply to the Board?—I said, "For what?"—nothing has been done in it since—it might be a week or a fortnight after I received this information that I had the prisoner taken—these articles are worth about 2s.
MR. ESPINASSE. Q. Did you see the officers, and did they communicate this to you after the prisoner had threatened to do you an injury?—A. I think it was after.
JAMES THOMAS MILLS . I am shopman to Mr. Burgess, a pawnbroker of Camberwell. We had a basket of tools of the prisoner's in pledge—he parted them on the 12th of February, and took a part of them out—amongst them was this mallet, and one of these awls—the gauge, this other awl, and five or six small tools were pawned on the 1st of December.
Cross-examined. Q. How many things were in the basket? A. A great many—they were pawned for 12s.
Cross-examined. Q. Did the prisoner work in the same place with you? A. Yes, in my shop—tools may sometimes get mixed, but I kept one bench to myself, and he had another.
WILLIAM MARTIN . I am an officer. I took the prisoner, and found twenty-six duplicates on him—this is the one of the mallet and other tools, and this is the one of the gauge and the awl—I heard what the prisoner said when before the Magistrate—I know Mr. Jeremy's writing—this is it—(looking at the examination)—it was read over to the prisoner—(read)—"The prisoner says, 'The mallet had the stick broken, and Mr. Banbury said he should expect me to put another in; I took it home, and put one in; the other tools must have got in my basket by mistake, and distress compelled me to pledge all my tools.'"
NOT GUILTY .
JAMES SCADDAN . I was at work at Mr. Gover's shop, at Kensall-green, in July, 1835. The prisoner was then in the habit of coming backwards and forwards there—I lost a plane from there—Mr. Gover's son came, and said a great number of tools had been found pawned at Camberwell—I went and saw my plane amongst them—this is it—(looking at it.)
NOT GUILTY .
JAMES KEMP . This screw-driver and gauge are mine—I made the gauge myself, and the screw-driver I bought—I lost them in the early part of January—the prisoner was then working for me at New-cross, Deptford—I have found tools mixed with mine, left behind by workmen.
NOT GUILTY .
MESSRS. SHEA and DOANE conducted the Prosecution.
THOMAS COOPER . I am a baker, and live in Bermondsey-street. About four o'clock in the afternoon of the 8th of February, I saw the prisoner at my shop—I to quite sure it was him—he bought a penny loaf, and threw a four-penny-piece on the counter—I gave him change, and he went off—before he was out of sight I discovered that it was bail—I bent it, and marked it—it had never been out of my hands—I put it with some other money, after I had bent and cut it—the next day I was called into my shop by Ann Mann, my servant—I saw the prisoner there, and Mann gave me a shilling—I examined it, and pronounced it bad—I said to the prisoner, "I recollect you perfectly, you were here yesterday; I took a four penny piece of you"—he denied that he was at my shop the day before—I sent for the policeman.
ANN MANN . I am in the service of Mr. Cooper. Oh the 9th of february, the prisoner came for a penny biscuit—I served him—he gave me a shilling—I said it was bad—I went into the parlour, called Mr. Cooper, and gave him the shilling.
Prisoner. Q. Did I not offer you another? A. Yes.
Prisoner. Mr. Cooper came out, and said t was there the day before with a fourpenny-piece, but I was at home all that day. Witness. I was in the shop the day before, but not when the prisoner came.
JOHN GRAVESTOCK (police-constable M 163.) I went to Mr. Cooper's on the 9th of February, and took the prisoner—I have the shilling and the fourpenny-piece—he said he never was in the shop before, and he did not know the shilling was bad—I found two good shillings on him.
Prisoner. I was at home all day on Friday, my friends are all aware of it, but I did not know I was to be tried to-day.
GUILTY .* Aged 21.— Confined One Year.
SARAH WALPOLE . I am bar-maid at the Star and Garter, High-street,; Westminster. On Sunday night, the 3rd of February, the prisoner came to my master's house, at half-past eleven o'clock, and had 1d. worth of gin—he gave me a fourpenny-piece—I looked at it, and told him it was bad—he said he did not know it—a gentleman was standing by, whose name I do not know, he asked me to let him look at it, which I did, and he said it was bad—I gave it into the gentleman's hand, and it dropped from his hand on the floor—there was some straw on the floor—my uncle keeps the house—he came out of the parlour and looked in the straw for the four-penny
piece—he picked one up—there was no other in the straw—I my eye on it while it was in the gentleman's hand—I am quite sure I saw it fall.
COURT. Q. Did you keep it in view, so that you are satisfied it was the one you gave to him? A. Yes, I am sure it was the same.
Prisoner. The gentleman said it was as good as could be. Witness. No; he said it looked a bad one—it looked very dark.
JOHN LEWIS BATHGATE . I am a tailor. I was in the parlour of the public-house that night—I heard a dispute, and went out—I assisted Mr. Dixon in looking for the fourpenny-piece—he picked it up, and put it into my hand—the prisoner was standing near the door—I said, "Sally, is this the fourpenny-piece?"—she said, "Yes"—Mr. Dixon is not here—I called a policeman—I asked the witness if that was the piece the prisoner tendered—she said yes, and the prisoner did not deny it.
FREDERICK TULL (police-Constable A 152.) I was called to Mr. Dixon's public-house that Sunday night—I saw Mr. Bathgate there, and received this fourpenny-piece from him—the prisoner was given into my custody—I found on him 3d. in copper and a good sixpence—he gave the name of Richard Rawlinson, Holies-street, Westminster—I took him to the Magistrate, and he was discharged.
MARTHA ALTO . I am servant to Mr. Elt, who keeps a public-house in Frog-lane, Camberwell. On the 8th of February I saw the prisoner there between nine and ten o'clock—the bar is well lighted up—he had a pennyworth of gin, and gave me a bad fourpenny-piece—I discovered that it was bad momentarily—I told him so, and gave it to Mr. Elt—the prisoner said, "I have a good sixpence I will give you"—I told him I thought I had seen him before.
THOMAS ROBERT ELT . I keep the public-house. I received from Alto a fourpenny-piece—I took a knife and cut it nearly through—I sent for the policeman, and gave it to him—I said to the prisoner, "You have been here within a fortnight before, offering me a bad fourpenny-piece"—he denied it, and I gave him to the officer.
GUILTY . Aged 18.— Confined Six Months.
ROBERT YEATS . I am a farmer. The prisoners were both in my employ—I have potato-grounds at King's-farm, Mortlake—the officer found 17lbs. of coals and some potatoes on the prisoners—the potatoes were early shaws, about 12lbs. of them—they are such as the prisoners had been sorting in the course of the day—I have not a doubt that they are mine.
JAMES JENKINS . I am an officer of Mortlake. On the 11th of February, about six o'clock in the evening, I stopped the prisoners as they came from a lane leading to Mr. Yeats's premises—I asked what they had got
about them—they said only a lump of coal—I asked who they had been working for—they said no one, they had been seeking for work—I said, "Did not you work for Mr. Yeats?"—they said, "Yes"—I said, "I shall take you back to Mr. Yeats"—I then said, "Have you not got something else?"—they said, "No"—I found the small coals and small potatoes in their pockets, the large potatoes in their breasts, and the large lumps of coal under their arms—there were 121bs. weight of potatoes, and 171bs. weight of coal.
Mary Read. I found them on the road.
JAMES JENKINS . I heard the prisoners examined before the Magistrate, and Mr. Pelerin took down the examination—this examination is his writing—what the prisoners said was read over to them—they were not asked to sign it, to my knowledge.
(Read)—"Mary Read, being cautioned, said she took the potatoes and coals, which she was very sorry for, and they belonged to Mr. Yeats."
Mary Read. I picked them up on the road—I always said the same, and I say so now—they were covered over with a bit of clay, in a ditch.
MARY READ— GUILTY . Aged 47.
SARAH READ— GUILTY . Aged 18.
Confined Ten Days.
Before Mr. Common Sergeant.
1147. MATTHEW HARVEY was indicted for stealing, on the 1st of March, 1 pewter-pot, value 6d., the goods of Charles Gigner: 10lbs. weight of leaden pipe, value 2s.; 1 metal cock, value 1s., and 1 fixture, that is to say, 1 copper, value 18s.; the goods of Susan Holland, and being fixed in a building; against the Statute, &c.; and JANE HOLLAND , for feloniously inciting the said Matthew Harvey to commit the said felony.
THOMAS HOLLAND . I live at No. 37, Mitre-street, Webb-street, Lambeth. My mother's name is Susan—this house was hers—I had seen it before the 1st of March—I had had some repairs done to it—the leaden pipe and copper were missed from there on the Friday, the 1st of March—I had seen them safe a month previous to that—I have seen them since; they have been fitted to the place, and I believe them to be the same that had been fixed.
JOHN OSBORN MOSLEY . I occupy the house in Mitre-street, where these things were taken from—I left them all safe on the evening of the 1st of March, at half-past eight o'clock—I received information of the robbery at a quarter past six o'clock the next morning—I lost a coat, waistcoat, a pair of candlesticks, and a pewter pot—this is the pot—it belongs to Mr. Gigner, who lives at the corner of Mitre-street, but he is not here.
JOHN COLLISON (police-sergeant L 12.) On the 1st of March I was on duty, about ten o'clock at night—I stopped the prisoner Harvey with this copper on his head—I asked him where he was going—he said, "Just round the corner"—he said, "We are moving," and then he said his aunt and he were moving—I asked him to show me where he was going to, and be showed me to the prisoner Holland's house—I told him to stop aside—I knocked at the door—Holland answered it—I said, "Are you moving?"—she said, "Yes"—I said, "Where are you moving from?"—she said, "From a street between London-street and York-street"—I said, "Have you got a
copper coming?"—she said, "Yes"—I said, "Is this the copper?—she said, "Yes"—I said, "Has it been fixed?"—she said, "No"—I said it had, and it had just been taken from some place—I took Harvey to the station-house with it, and then went back and took Holland—I found this lead and cock in an empty house adjoining to Holland's.
Harvey's Defence. I had come from the country, and only been in London a short time—I lodged in this woman's house—I was taking these things from the house we had lived in, in a street between London-street and York-street—there were two lads there—I do not know whether they belonged to them, or to this woman.
(Harvey received a good character.)
HARVEY— GUILTY. Aged 18.—Recommended to mercy by the Jury.
Confined Three Months.
HOLLAND†— GUILTY . Aged 42.— Transported for Seven Years.
(There was another indictment against Holland.)
ADJOURNED TO MONDAY, 8TH OF APRIL.