CENTRAL CRIMINAL COURT.
SIXTH SESSION, HELD APRIL 8, 1839.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, April 8, 1839, and following Days.
Before the Right Honourable SAMUEL WILSON , LORD MAYOR of the City of London; the Right Honourable Sir Joseph Little-dale, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir John Taylor Coleridge, Knt., one other of the Justices of Her Majesty's Court of Queen's Bench; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas; William Henry Maule, Esq. one of the Barons of Her Majesty's Court of Exchequer; Sir Claudius Stephen Hunter, Bart.; Sir Matthew Wood, Bart.; Sir William Heygate, Bart.; William Thomson, Esq.; Sir John Key, Bart.; and Thomas Kelly, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City; Sir Chapman Marshall, Knt.; John Pirie, Esq.; John Lainson, Esq.; William Magnay, Esq.; and Michael Gibbs, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law, Her Majesty's Justice, of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judge, of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
WILSON, MAYOR. SIXTH SESSION.
A star (*) denotes that a prisoner has been previously in custody—An obelisk (†), that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, April 8th, 1839.
First Jury, before Mr. Recorder.
MR. CLARKSON conducted the Prosecution.
WILLLIAM HERON . I am in partnership with Charles and Daniel Rutter, brickmakers, at Hillingdon. The prisoners were in our service—they had no authority to take away ashes, or breeze, or any thing—we have a very large quantity in the brick-field—we lost a great deal, and Cooper and Winder were appointed to watch.
DAVID COOPER . I am a police-sergeant at Uxbridge. I was watching the prosecutor's brickfield on the 30th of March, with Winder—between twelve and one o'clock in the night I saw the two prisoners go to a large heap of breeze, which are used to burn bricks—they sifted the cinders from the dust, and then filled two sacks—each took a sack—when they had got about twenty yards we went up and took them—they said their master had given them leave to take it, it being usual to allow the men breeze.
WILLIAM WINDER . I am a policeman, I was with Cooper—I saw the prisoners come to the heap, sift the ashes, put the cinders into two sacks, and go away—they said Mr. Heron gave them leave to take them for their firing.
SUMNER— GUILTY . Aged 37.
WILDS— GUILTY . Aged 27.
Confined One Month.
CHARLES BEBELL . I am warehouseman to Mr. Curtis Miranda Lampson, of Steel-yard, Upper Thames-street. The prisoner was in the same employ—on Wednesday, the 13th of March, I concealed myself in a packing-case on the second floor of the warehouse, and, after some time, saw the prisoner come down stairs—after being there about a quarter of an hour, he pulled a marten-skin off a bundle, put it in his left-hand trowsers pocket, and went up stairs—I followed him in about twenty minutes, and
asked him if he had not got something which did not belong to him—he said, "No"—the warehouseman searched his left-hand trowsers' pocket, and found the skin—it is worth 18s.
Prisoner. Q. Did not I take it out, and give it to you myself? A. I said I must search him, as he had something about him which did not belong to him—he said he had not, he unbuttoned his apron, shook it, and said, "I have got nothing"—I said, "I must have your shirt off"—Bebell said, "What have you in your left-hand trowsers' pocket?"—he said, "Nothing but my knife"—I said, "Out with it, then"—he was a long time taking it out, and I saw the skin partly in his hand and partly in his pocket.
Prisoner's Defence. I was employed there three weeks, carrying skins from one warehouse to another—I tore this skin from the bundle in passing, carrying a load, and put it into my pocket till I could go and tie it on the bundle again—before I could do so this young man came to me—I was not aware what he meant by having something on me, and said, "Yes, I have got my knife"—I put my hand into my pocket, and gave him the skin and the knife.
CHARLES BEBELL re-examined. He was not carrying a load of skins—he tore it off when he had nothing on his shoulder—he had a bundle on his shoulder afterwards—I was put there to watch, having lost twenty-one skins.
GUILTY . Aged 48.— Confined Three Months.
CHARLES BLAIN . I am a carrier from Cheshunt to London. On the 15th of March I took up a cask, containing six dozen bottles of blacking, belonging to Mr. Star, of Cheshunt, at the Blue Posts booking-office, Holborn—I was to take it to Cheshunt—I went into a shop in Bishopsgate-street for about half a minute, and it was taken from the cart, between four and five o'clock in the afternoon.
Prisoner's Defence. I was intoxicated—a man and woman ran after me, and employed me to carry the cask to Petticoat-lane—I thought they were following me—I put it down at the bottom of the street, to wait till they came up—the policeman came up—I told him I was employed to carry it.
GUILTY . Aged 24.— Confined Six Months.
FREDERICK SHARPE . I live with my father, who is a grocer, in Fenchurch-street. On the 23rd of March I was passing through Mark-lane in the middle of the day, and felt my handkerchief taken—I turned round, and saw the prisoner as if trying to hide something behind, his jacket—he ran into a door-way, and came out again immediately—I caught him, and charged him with having taken my handkerchief—he said another boy did it, and it was in the doorway—I went there, and found it.
Prisoner's Defence. I saw the handkerchief have in the doorway—I came to see who hope it, and the gentleman accused me of it.
GUILTY. Aged 17. Recommended to mercy. — Confined Three Months.
FRANCIS EDWARDS . I am a tailor, and live in Newgate-street. On the 18th of March I had a coat on a block at my shop door—as I was standing in the shop I saw the prisoner take it, and run up Giltspur-street—I pursued, and he was stopped near the Compter door with it on his arm—this is it—(looking at it.)
Prisoner. I have no friends—I should take it as a particular favour if you would send me out of the country.
GUILTY . Aged 26.— Confined Six Months.
JAMES PEARCE . I live in James-street, East India-road. On the afternoon of the 19th of March I was in Aldersgate-street—there were two young men behind—I felt one touch me—I turned, and saw the prisoner cross the road from behind me—I told Mr. Rose, who was with me, I had lost my handkerchief—he followed the prisoner, and soon after produced the handkerchief.
GEORGE ROSE . I live in Little Burton-street. I was with Mr. Pearce, and followed the prisoner, who ran across the road—he took the handkerchief from under the breast of his coat, and threw it under the horse of a brewer's dray—I took it up, pursued him, and gave him into custody.
(Property produced and sworn to.)
GUILTY . Aged 21.— Confined Six Months.
1154. GEORGE PREEDY was indicted for stealing, on the 20th of March, 21 shawls, value 21l.; 50 yards of silk, value 19l.; 1 scarf, value 2l. 10s.; 26 yards of cloth called challi, value 1l. 4s.; and 7 handkerchiefs, value 1l. 4s. 6d.; the goods of William Pedro.
WILLIAM PEDRO . I am a licensed hawker, and lodge at the Coach and Horses, in Aldersgate-street, which is kept by Mrs. Burrin, a widow, On Tuesday night, the 19th of March, I went home at eleven o'clock—I had some bundles containing silk, silk handkerchiefs, and shawls, worth from 47l. to 50l.—I left them on a chair in the kitchen up stairs, which is right opposite the parlour—I went down to the bar-parlour, leaving my things on the chair—I afterwards missed them—I saw them again at the station-house.
Cross-examined by MR. PHILLIPS. Q. Had you seen the prisoner at or about the room? A. No—there were a lot of cab men all together.
JOHN COOK (police-constable G 228.) On the 20th of March I was on duty in Whitecross-street, about half-past one o'clock in the morning, in that part of the street which is in the county—I saw the prisoner coming down the street with this bundle, as I was coming from Whitecross-court—I stepped out, and stopped him—he said, "It is a fine night"—I said, "Yes," and asked what he had got—he said it was his own—I asked him to let me look—he said he did not know about that—I said if he did not I should take him to the station-house—he then untied one lot, and I was a piece of silk—I asked what it was—he said, "A waistcoat piece," and he was a tailor—I then saw a shawl, and said, "Do you make shawls?"——he said, No, it was a present his mother had made his wife—I said, "That will do"—he tied them up, and I took him and them to the station-house—the sergeant asked him what the bundle contained—he said, "A shawl, a waistcoat-piece, and a gown-piece"—on untying the bundle the sergeant saw several more things, and said, "Here is more than you give account of"—he said if there were more he knew nothing about them—he said he lived in Noble-street.
Cross-examined. Q. How far is it from the Coach and Horses to Albemarle-street? A. I should think half a mile—the prisoner was coming towards Chiswell-street—I do not know Albemarle-street—I am sure he told me he was a tailor.
JOHN WITHERFORD (police-sergeant G 10.) On the morning of the 20th of March, about a quarter to two o'clock, I was passing through Albemarle-street, and observed a bundle in a doorway—it contained several pieces of silk, three handkerchiefs, some shawls, and one gown-piece—I took them to the station-house—another policeman afterwards found some other things near where I found these.
Cross-examined. Q. Can you tell the distance from the Coach and Horses to Albemarle-street? A. It is about half a mile—you would not have to pass Albemarle-street in coming from Aldersgate-street to White-cross-street—it is quite in a different direction.
WILLIAM HUSSEY . I am a licensed cab man, No. 1283, and live in Half-moon-passage, Aldersgate-street. On Tuesday night, the 19th of March, several cab men met at the Coach and Horses—we were in the parlour—the prisoner was there—he drives a cab—I do not know exactly what time he left—it was between twelve and one o'clock.
Cross-examined. Q. Did you see him go? A. I did not—Mrs. Burrin, the landlady, came into the room between twelve and one o'clock, and told us it was time to go—I and two more went out last—I did not see the prisoner go out of the room.
(property produced and sworn to)
JOHN COOK re-examined. When I took the prisoner, he was not going towards the Coach and Horses, but to Chiswell-street—he might go that way to Aldersgate-street, but that was not the way he meant to go—he told me he was going to Noble-street—I told the Magistrate that—it was in my deposition, and was read over to me—(the witness's deposition being read, contained no mention of Noble-street, or any residence)—I did not tell the Magistrate that he said he was going to Noble-street—I said he gave his address wrong, and I took his badge to Somerset House, and found where he lived—I did not say I told the Magistrate that he said he was going to Noble-street—he said so at the station-house, and that he lived in Noble-street—he was going towards Noble-street.
MR. PHILLIPS, on the prisoner's behalf, stated, that the bundle found on him was given him by a man in the street, who told him to take care of it; that he was going home, but turned into Whitecros-street, intending to go back to the Coach and Horses to deposit it, and ask what to do with it, when the officer took him, and, being terrified, he gave the account he did.
(Thomas Jones, carpenter, No. 13, Water-lane, Fleet-street; John Kent, book-binder, No. 15, Ship's-court, Old Bailey; James Kennedy, tin-plate-worker, Aldersgate-street; and Edward Goddard, porter, No. 69, Old Bailey, gave the prisoner a good character.)
GUILTY . Aged 22.— Transported for Seven Years.
OLD COURT.—Tuesday, April 9th, 1839
Second Jury, before Mr. Sergeant Arabin.
JAMES HARTLAND . I am warehouseman to John Falshaw and others, of St. Paul's Church-yard. On the 26th of March a boy came to our warehouse, and produced an order, in consequence of which I gave him seven shawls, I think, for Mr. Boyden, of Kensington, who dealt with us—we did not believe the order to be genuine, but in consequence of what the boy said we let him have them, and I followed him to the top of Ludgate-street—the prisoner joined him there, and they walked down Ludgate-bill together—the boy offered him the parcel, which he declined receiving then, but further on he took it from him—I then went up and asked the prisoner where he had the order from—he said from Mr. Bolen's, of Kensington, and it was all right—I do not know Bolen—I asked if he had any objection to go back to the warehouse with me—he said, "Certainly not"—these are the goods, and this is the order—(read)—"Please send by bearer three filled shawls, about 22s. or 21s., also two shawl-scarfs, silk, of good quality, and one white with a dark border. H. BOYDEN. "
Cross-examined by MR. PHILLIPS. Q. What is a filled shawl? A. A shawl with a pattern in the centre—it is different from a plain shawl.
GUILTY. Aged 21.—Recommended to mercy. — Confined Two Years.
EDWARD MURRAY . I am a confectioner, and live in Milton-street, Cripplegate. The prisoner was servant to Mr. Ralph, where I had lodged, in the same street—I removed to where I now live on the 10th of October—after we had moved we missed the articles stated—the purse must have been taken out of the drawer, for I saw it there—the brooch was on the dining table—it was taken off my wife's a neck while she was in a fit, by Mrs. Ralph, and put there—the prisoner had come over with Mrs. Ralph.
NOT GUILTY .
1157. SELINA SIMMONS was again indicted for stealing, on the 8th of November, 2 bed-gowns, value 5s.; 2 napkins, value 2s.; 1 shift, value 4s.; 1 handkerchief, value 1s.; and 1 shawl, value 1l; the goods of William Ralph, her master.
WILLIAM RALPH . I live in Milton-street. The prisoner was in my service about five months—I was not present when my wife searched her trunk, but she gave me some duplicates, by which I found this property.
BRIDGET RALPH . In consequence of suspicion I searched the prisoner's box on the 11th of March—she was not present—I found in it the ribbon of a brooch which was lost, the duplicates of two bed-gowns, two napkins, one shift, a handkerchief, and a shawl—I gave them to my husband—these are the articles—(looking at them.)
GUILTY. Aged 20.—Recommended to mercy.— Judgment Respited.
HENRY MARTIN . I am a woollen-draper, and live in Aldgate—the prisoner came to purchase articles occasionally with another person—on the 20th of March she came to the shop alone to buy some cord, which I showed her, but she did not buy any—she was leaving, having been there about ten minutes or a quarter of an hour, and as she got to the door I saw something project under her cloak—I desired her to open her cloak, which she did, and the cloth fell from her person—I gave her in charge—she had not asked for any thing of that sort.
Cross-examined by MR. PHILLIPS. Q. Had she been in the habit of buying such articles of you? A. She once bought a bit of cloth—she sometimes bought articles and paid for them by instalments, but I kept the goods till it was all paid for.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Three Months.
ROBERT DOWNING . I am a hair-dresser, and live on Snow-hill. On Good Friday, between eleven and twelve o'clock in the morning, I was standing on the step of my door, and saw the prisoner with another going up the hill on the opposite side—I saw him lift the tail of the prosecutor's pocket, and take a handkerchief from it—I ran across, collared him, and gave him to another person, while I fetched the prosecutor back—the handkerchief was picked up by a woman, while I was gone for the prosecutor—the prisoner had it in his hand when I collared him.
Prisoner's Defence. I was walking behind the gentleman and two or three more, but never saw the handkerchief.
GUILTY . Aged 19.— Confined Six Months.
MR. PAYNE conducted the Prosecution.
SIMEON LYONS . I live in Buckle-street, Whitechapel. On Monday, the 4th of March, the prisoner came to me—I did not know him before—he said, "I have got an order for fifteen dozen pairs of slippers to sell"—I asked him the price—he said, "15s. 6d."—I agreed to give him the 6d. a dozen for his trouble in selling them—I said I would not trust my property to anybody—he said, "Well, you shall go with me to the warehouse"—I packed up the goods, and went with him to Mr. De Pass, in Cateaton-street—a porter carried the things—when we got there the prisoner told me to stay at the door, that I should not spoil his custom—the porter took the goods in, and the prisoner went in with him—he said as he went in, Mr. De Pass would know they were not his goods if I went in—the porter came out directly he had left the goods—the prisoner came out in about a quarter of an hour, and I asked him for my money—he said, "The gentleman has not paid me yet, lie has ordered four dozen ladies' slippers more, and will give a cheque for the whole amount"—I walked with him towards my house—when we got about half a mile he wanted to borrow a shilling—I did not lend it to him—at last he jumped right over the way into a street I do not know the name of, and ran away—I ran, and halloed after him, but could not catch him—I saw him again on the Saturday morning by White-chapel church—I said, "Halloo, where is my money, Fuller"—he began to abuse me, and said, "You say I robbed you of your goods, I did not; did not I give you 5s. deposit?"—I said, "No, you did not," and seized
hold of him to give him in charge, but could not find a policeman, and he got away—I thought I had a chance of being killed—I went all day to look for him, but could not find him, and in the evening I received a summons to appear before the Lord Mayor, and the prisoner charged me with assaulting him in the street—I explained it to the Lord Mayor, and the prisoner was put into custody—the slippers came to 11l. 5s.—by some means sixteen dozen had got into the bundle.
Cross-examined by MR. DOANE. Q. Was not the 6d. a dozen by way of commission? A. No—I do not know what commission is exactly—I am a foreigner—there was no agreement between us—I went with him—he sent me a letter on Saturday night—I went to the place named in it, and did not find him—he was to sell the slippers to Mr. De Pass, at 15s. 6d. a dozen, and bring me the money—when I met him in White-chapel he made up to me with his fist to fight me—that was after I had charged him with the robbery.
MR. PAYNE. Q. The letter you got did not come from him? A. It was not signed—I am a Polander—I did not trust him with the goods at all—I told him I could not think of trusting him—I went with him to the door to get the money.
DAVID DE PASS . I live in Cateaton-street. The prisoner came to my on the 29th of March, about ten o'clock in the morning, to know if we could buy a job lot of slippers, about 14s. a dozen—we told him he might bring them, but we had not seen a sample of them—he called again about an hour after with sixteen dozen, and said, "Here are the slippers"—he said there was only fifteen dozen—we gave him 12s. a dozen for the men's, and less for the others, 9l. 4s. altogether, and gave him a cheque for the amount—he said he had them on commission from a person who wanted money—we did not give him an order for four dozen more.
GUILTY . Aged 20.— Transported for Seven Years.
Before Mr. Recorder.
GEORGE MORRISON . I am a merchant, and live in Great Hermitage-street, Wapping. On the afternoon of the 9th of March, about three o'clock, I was near the Bull, in Aldgate—I put my hand into my pocket, and missed my handkerchief—I turned round, and saw the prisoner running off with it, endeavouring to put it into his trowsers' pocket—he dropped it when he found I was pursuing him—I took it up—a policeman was coming in another direction—I called out, and he stopped him.
Property produced and sworn to.
Prisoner's Defence. I had been with my mother, selling blacking, till ten o'clock—there was a mad bull running—I ran after it—two boys dropped the handkerchief, and the gentleman said it was me.
GEORGE MORRISON re-examined. I saw nothing of a mad bull—the pavement was crowded with people—I am not mistaken in the prisoner—he was only two yards behind me, when I turned, and saw him stuffing the handkerchief into his trowsers' pocket—I am certain of him.
of the prisoner's former conviction from Mr. Clark's office—I was present in November last, when he pleaded to felony—he is the person described in the certificate—(read).
GUILTY . * Aged 13.— Transported for Ten Years.—Isle of Wight.
GEORGE COURTNEY . I have enlisted in the 94th regiment of foot, and lodge at the Robin Hood public-house, in Duke-street, Westminster. On the 13th of March I fell asleep in the parlour of that house—when I awoke I saw the prisoner lying on a stool, pretending to be asleep—I felt in my pocket, and missed two sixpences and a knife, which had been there when I went to sleep—I told the prisoner, if he gave me what he had of mine I would not trouble him about it—he said he would give me a rap on the head if I asked him for it again—I got a policeman, who searched him, and found sixpence in his trowsers' pocket, and my knife—I had given him 9d. for that knife that very morning.
FRANCES WILLIAMS . I live in Gardener's-lane, Duke-street, and work at the Robin Hood. On the 13th of March I saw the prosecutor in the parlour, and the prisoner down on his knees, picking the prosecutor's pocket—I went up, took him by the neck, and asked what he was doing there—he said he would knock me down—I made an alarm, and the people came up stairs—he ran from the man, laid down on the settle, add pretended to be asleep—we forced him out of the house, and gave him incharge.
JOHN MASSEY TIERNEY . I am a policeman. The prosecutor came to the station-house, and I went with him to the Robin Hood—I afterwards found the prisoner in Charles-street—I searched him at the station-house, and found half a crown and sixpence concealed in the waistband of his trowsers, and in his pocket 6d., some coppers, and two knives, one of which the prosecutor claimed.
Prisoner. When I was first taken, the prosecutor said he had lost a shilling; but when no shilling was found on me, be said it was sixpences—he said nothing about the knife till it was found. Witness. He said nothing about the knife till it was found—the moment he saw it he said, "That is my knife, I bought it of him this morning for 9d."—he at first said he had lost shilling, but directly said, "No, it was two sixpences"—I cannot remember whether that was before I found them—he was sober, but appeared to have been drinking—the prisoner appeared tipsy, but whether that was affectation I cannot say.
Prisoner's Defence. I went with Courtney, and another young man, to the Robin Hood—he bought the knife of me for 9d. and a pot of beer—we tossed for four or five quarterns of rum, and, in stooping for a halfpenny I broke my thumb nail—I asked him to lend me the knife to cut it—he did, and I put it into my pocket—we tossed for more rum—he put his hand into his pocket, and said, "That is the last shilling I have," and paid for it—we laid down to get sober—I fell asleep, and pitched, head foremost, down—the witness came up, hearing me fall, and said, "Oh, you rogue, you want to pick Courtney's pocket"—I said I did not, but I had stumbled over the stool—she brought up two or three men, and charged me with robbing Courtney—I asked him if he had lost any thing—he felt, and
said he had not lost any thing—the witness said, "Feel again, for this young man was trying to pick your pocket"—he felt again, and said, "Yes, I had a shilling, which is gone," and said, "Give me the shilling"—I said I had no shilling belonging to him—he said I had, and was going to strip to fight me for it—when I came down stairs, three or four of them pushed me out of the house—the officer said, I had better go, and sit down at the cook's shop, and get sober—I came out of there in a few mintues, and saw Courtney and two policemen at the corner—I went up to speak to them, and he gave me in charge.
FRANCES WILLIAMS re-examined. I was in the tap-room, and heard a noise up stairs—it was not like a man tumbling off a stool—it was like a scuffle—I swear I saw the prisoner's hands in the prosecutor's pocket.
GUILTY. Aged 21.—Recommended to mercy. — Confined Three Months.
SAMUEL MARTIN . I keep the Blue Last, in Little Bell-alley. The prisoner was in my service—I was in the habit of sending silver to the Bank to pay the soldiers on duty—on the 11th of March I sent him with 2l. in silver and copper, for which he was to bring me back two sovereigns—he did not do so—he absconded that night, and was not taken until the 18th.
Cross-examined by MR. PHILLIPS. Q. How much silver did you send? A. Thirty shillings and ten sixpences and 5s. in copper—not merely four shillings—I have nothing to say on the charge of his taking the four shillings and the thirty pence, &c.—I told the Grand Jury that was not the charge I had to bring against him—I know nothing about it—there must be some mistake.
NOT GUILTY .
SAMUEL MARTIN . The prisoner was in my service. On the 11th of March I sent him with thirty shillings, 5s. in sixpences, and 5s. in coppers, to the sergeant at the Bank, to distribute to the men—I was to have 2l. in exchange, but he never returned, and I never received it.
THOMAS GELLATLY . I am a sergeant in the Fusileer Guards. On the 11th of March I paid the prisoner one sovereign, one half-sovereign, and one sixpence, in exchange for silver which he brought from the prosecutor, for me to pay the men with—he was to take the money I gave him to his master—the sixpence was for refreshment.
Prisoner. Q. Was it not your duty when I took you change for 2l. to give me two sovereigns? A. No—I did not get paid with two sovereigns that night, but 1l. 17s.—you had always been paid with two sovereigns before, but that night I could not give the porter three shillings change for two sovereigns, and he gave me 17s. in silver.
Prisoner. He paid me two sovereigns and a sixpence. Witness. I recollect perfectly paying him 1l. 10s. 6d., and more particularly as that was the first occasion on which I was senior sergeant in charge of the party—I cannot be wrong about it.
Prisoner. Q. Did you not say on the morning I was brought up for examination, that if I or my friends would pay you the money you would forego the prosecution? A. I did not—the Alderman asked me if I wished to press the charge—I said, "Yes, decidedly—he asked me if the friends would come forward and satisfy me, would I proceed—I bowed to that, but said nothing—I made no such proposition whatever.
The prisoner called
THOMAS DAVIS . I heard the prosecutor say at the first examination, if he was paid the money down he would not go against the prisoner a second time, but the friends could not get it, and he was committed—I would have paid it myself, but the officers refused me admission at the last examination—I considered Mr. Martin bribed them to prevent me—I asked them four or five times to let me in—I am no relation of the prisoner's, but a friend of his father's—a street-keeper also heard what the prosecutor said.
I do not know.
Prisoner. Q. You heard the prosecutor make this proposition? A. I did not hear what was said—there was a talk of something, but what it was Aged 19.— Confined Three Months.
JEMIMA EMARTON . I am the wife of James Emarton, and am a laundress—we live in Kilburn-lane, Kensal-green. On the morning of the 11th of March, about half-past nine o'clock, I hung some silk handkerchiefs in the garden to dry—my child afterwards alarmed me, and I missed two handkerchiefs—these are them—(looking at them.)
JOSEPH SMITH . I am a constable. I was coining up the lane, and heard the alarm—I stopped the prisoner, and asked if he had got the property—he said if I let him go he would show me where it was—he took me to a small garden about a hundred yards from, the prosecutrix's, where the two handkerchiefs were—I think he could not have thrown them there from the lane—I took them up—he had three other boys with him.
Prisoner's Defence. I saw a boy chuck the handkerchiefs in at the gate, and run across the fields.
GUILTY . * Aged 16.— Confined Four Months.
JOHN JACQUES . I am a letter-maker, and live in Gray's-buildings, Westminster-road. About ten minutes after four o'clock, on the afternoon of the 4th of March, I was in Trafalgar-square, and felt my handkerchief gone—I turned round, and saw the prisoner buttoning up his coat—I asked him for my handkerchief—he said he had not got it—I said I should call a policeman—he then gave it to me from his coat, and said he was in great distress, and his wife was lying on a sick bed—I gave him in charge.
(Property produced and sworn to.)
GUILTY . Aged 27.— Confined Three Months.
REV. JOHN JARRATT . I am a clergyman. On Sunday evening, the 10th of March, I was in Bishopsgate churchyard—I felt somebody touch my pocket, and missed my handkerchief—I turned round instantly, and saw it in the prisoner's hand—I collared him, and asked him for it—he said he had not got it—the policeman came up, and saw it on the ground—I had observed the prisoner following me all through the churchyard—this is my handkerchief—(looking at it.)
BENJAMIN RICHARDSON . I am a City police-constable. I heard the prosecutor call out—I went, and took the prisoner—he was trying to get away, and was very riotous, making use of very bad language—I saw the handkerchief lying at his feet.
Prisoner. Q. Did not one of you try to choke me? A. No violence was used to you.
GUILTY . * Aged 21.— Transported for Ten Years.
NEW COURT.—Tuesday, April 9th, 1839.
Fifth Jury, before Mr. Common Sergeant
1168. WILLIAM LANSDOWN was indicted for stealing, on the 11th of March, 1 pair of hames and traces, value 18s.; 1 bridle, value 10s.; and 1 sack, value 6d.; the goods of Francis Pothonies; to which he pleaded
GUILTY . Aged 38.— Transported for Seven Years.
1169. JOHN JONES was indicted for stealing, on the 3rd of April, 1 order for the payment of 153l. 4s. 4d.; and 1 order for 2l. 8s. 1d.; the property of William Gillmore Bolton and others, his masters.
CHARLES GREENWOOD . I am clerk to William Gillmore Bolton and others—the prisoner was also a clerk of theirs. On the 3rd of April I left the office about three o'clock in the afternoon, leaving two cheques in my desk, one for 153l. 4s. 4d. on the Bank of England, and the other on Gosling and Sharp for 2l. 8s. 1d.—I left the prisoner and another clerk in the office—I returned in about an hour, and missed the cheques—the prisoner had then left the office—the desk had not been locked—I went, and
found him at his mother's in a state of intoxication—I searched his pocket, and took from it a bag containing ninety-nine sovereigns, and from a pocket-book five £5 notes and this small cheque, which was one of those we had lost—I went to the Bank, and found the other cheque there.
Prisoner. Q. What did you recover in all? A. Upwards of 150l.—you were not prohibited from going to my desk.
THOMAS SIMPSON . I was in the office on this day—there was no one there but me and the prisoner—about three quarters of an hour after Mr. Greenwood went out I saw the prisoner at the desk—I said if Mr. Greenwood was to come in he would not like to see, him at his desk—he went out shortly after, taking his cloak with him.
GUILTY . Aged 27— Transported for Seven Years.
MR. CLARKSON conducted the Prosecution.
JOSHUA ALDEIDGE . I am a fanner, and live at Sippingham-court, near Windsor. On the 28th of February I bought five quarters of summer tares of Mr. Wilshire, at Uxbridge-market—they were delivered to Jonathan Barting, who lives there—I sent my wagon to fetch them a fortnight after, and when they came to me there was a bushel and nearly a peck wanting—I saw the prisoner after the tares were put into Barring's granary—I told him it was most likely I should fetch them to-morrow, but if not to take care of them—I gave him 1s.—I have seen some tares producet by Larkin—they are in every respect the same as mine—I believe them to be the same—(looking at them.)
WILLIAM RICHARDSON . I am carter to Mr. Wilshire. I brought the five quarters of tares from my master's farm, and delivered them to Barting—the prisoner assisted me in unloading, and putting them in Mr. Barting's granary.
GEORGE BROOKS . I am in Mr. Aldridge's service. I went to fetch the tares—the prisoner shot them out of Mr. Wilshire's sacks—I observed that, in emptying them he kept some back in the bottom of the sacks—I said nothing about it, but I mentioned it to the carter.
Cross-examined by MR. PAYNE. Q. Did not the prisoner say he should go and tell Jonathan what he had done? A. No, not to me—I swear that.
WILLIAM BERRY . I assisted Mr. Aldridge's man to shoot the tares into the sacks—I was in trouble a good bit ago, about some cows—when Mr. Aldridge's team left, the prisoner asked me to come and put up the sacks for him, which I did, and he shot several little parcels out of eight or nine sacks into this one sack in the loft—he said he should go and tell Jonathan (meaning his master) what he had done—the prisoner knew I had been in trouble.
JONATHAN BARTING . I live at Uxbridge. The prisoner was in my service—these tares were brought to my place by mistake, instead of Mr. Johnson's—after they were taken away, the prisoner said he had got about
a bushel of tares up in the loft, which he had taken out of Mr. Wilshire's sacks—I told Mr. Wilshire of it—I do not know what became of the prisoner—he left me three weeks ago—I do not know why—on Thursday last I delivered the tares which were left to Larkin—sometimes the prisoner used to keep the key for two or three weeks together, sometime I had it, and sometimes it was left at the Bell.
Cross-examined. Q. How long has he been in your service? A. About five years—I told him he had done wrong, and that I should go and acquaint Mr. Wilshire of it.
JOHN LARKIN . I am a constable and a farmer. I received the five bushels of tares from Barring—I have a sample of them, and of those from the prosecutor's—they resemble one another, I see no diiference—I took the prisoner on the 28th of March, on Uxbridge Moor.
Cross-examined. Q. Are not tares very much alike? A. These are a very fine kind—you will hardly meet with such a fine sample.
CHARLES JAMES MURRAY . I am a constable. I was with Larkin when he took the prisoner—he said, "I suppose you want me for the tares"—I said, "Yes"—he said, "Have you got Berry?"—I said, "No"—he said, "You ought to have, as he was with me when I shot them."
GUILTY . Aged 35.— Confined One Month.
CLARENCE BARBER . I am clerk to Joseph Barber, wharfinger, Brewer's Quay, Lower Thames-street. The prisoner was our labourer—on the 21st of March I received information, and directed Childs to watch—about four o'clock in the afternoon I saw him search the prisoner, and find two bags of clover-seed and six apples, belonging to Mr. Barber—we have an immense quantity of seed in the warehouse, and I believe this was part of it.
Cross-examined by MR. PAYNE. Q. Are you satisfied about the clover? A. I have every reason to believe it was part of what we had—I cannot swear to the apples—we had no more of them—we did not allow the men to take sweepings of seed—the prisoner said he had taken some before.
WILLIAM CHILDS . I watched at the quay, and, about four o'clock the prisoner came out—I searched him, and found two bags of clover-seed and the apples—I said, "Where did you get these?"—he said, "They are sweepings I got out of the warehouse"—these are clean—there are 7lbs.
GUILTY. Aged 60.—Recommended to mercy.
Confined Three Months.
CLARENCE BARBER . This prisoner was also in the employ of Joseph Barber—two bags were taken from his person, and one from a basket—they contained clover-seed—he said he took it out of the warehouse as sweepings.
one in his basket—he said it was a bit of sweeping, and he took it because the wages they had did not keep them—I said, "Have you taken any before?"—he said he had once before, and sold it to a man in Rosemary-lane at 2d. a pound—it is worth 8d. a pound—I said I would go there—he then said he did not know the place—that it was a man he used to meet at a public-house.
Cross-examined by MR. PAYNE. Q. What wages have they? A. 3d. an hour.
GUILTY . Aged 41.— Confined Three Months.
GUILTY . Aged 40.— Confined Three Months.
JAMES SMETZER . I live in Fore-street, Cripplegate. On the 3rd of April, about half-past four o'clock, the prisoner came into my shop, took this pair of shoes off the shelf, and walked off—I walked after him, and overtook him about two doors off with them—he said he was going to wear them—these are them—(looking at them.)
Prisoner. Another boy came by me, and dropped them close by me.
Witness. There was no other boy—he came in, looked about him, and took them from the shelf—he did not see me.
GUILTY . Aged 13.— Transported Seven Years,—Isle of Wight.
1175. CAROLINE GADD was indicted for stealing, on the 27th of February, 1 shawl, value 4s.; 1 handkerchief, value 6d.; 1 shift, value 1s. 6d.; and 1 yard of printed cotton, value 9d.; the goods of John Whelpdale, her master.
MARTHA WHELPDALE . I am the wife of John Whelpdale, a weaver, in Tyrrell-street, Hope-town, Bethnal-green. The prisoner was our weekly servant—she did not sleep in the house—she left on Thursday night, and she ought to have come the next morning, but did not—I then missed these things.
MICHAEL HEALY (police-constable 50 H.) About half-past two o'clock I was on duty in Brick-lane, and was called to take the prisoner at a lodging-house in Tyson-street—I found on her this print, and the handkerchief in her hand—she took the duplicate of the shawl out of her pocket, and was going to give it to Mr. Whelpdale.
Prisoner's Defence. I found the duplicate—I did not steal the other things—I put them on my neck, as I had nothing else to go home in—I was not well next morning, and did not return.
GUILTY. * Aged 19.—Recommended to mercy. — Confined Nine Months.
HENRY WHITE . I live in Plough-court, Fetter-lane. On the 25th of March I heard a noise, ran out with my lad, and saw the prisoner with my bed and covering on his back—I had seen him come in about half-past two o'clock, but I do not know what for.
Prisoner. I did not have the bed—there was a mob round me, and the lad came up, but you were two minutes before you came up. Wittness. He kicked at the lad behind, and made a spring forward—I caught him in a minute.
GUILTY . Aged 18.— Confined Three Months.
SOPHIA FREEMAN . I am the wife of James Freeman, and keep a beer-shop in Parson's-street, Wapping. On the 19th of March I saw the two prisoners there, and when some persons were going out I saw them conceal something—I missed my husband's coat from a chest in the bar, and saw it on the prisoners' knees under the table—we gave them into custody, and after they were gone I saw the handkerchief near where one of them had stood at the bar.
Jones's Defence. It was on the floor, not on my knees.
NOT GUILTY .
1178. MARY BARNETT was indicted for stealing, on the 12th of November, 11 sheets, value 4l. 7s.; 2 shifts, value 12s.; 3 towels, value 2s. 6d.; 1 handkerchief, value 4s.; and 2 pillow-cases, value 6s.; the goods of William Clarke, her master.
ELIZABETH CLARKE . I am the wife of William Clarke, a tobacconist, in Upper Seymour-street, St. Pancras. The prisoner was our charwoman from November to March—I missed the property stated from a drawer, in a box in my bed-room, to which nobody but her had access—I told her what I had lost—she said she had not taken any thing—she afterwards said she had taken and pawned them at Mr. Bailey's—I went there, and found them—these are them—(looking at them.)
GUILTY . Aged 40.— Confined Six Months.
FREDERICK INNES NOAD . On the 19th of March, about half-past twelve o'clock at night, I was in Brydges-streer, Drury-lane, with a friend, and felt a hand in my pocket—I put my hand down, and felt a hand drawn through mine—I turned, and the prisoner being the only person near me, I accused him of the theft—he denied it, and held up his left hand, which had nothing in it—I saw his right hand drop, and my handkerchief drop—this is it—(looking at it.)
Prisoner. I was coming by the theatre—a lot of ladies and gentlemen were coming out, and this gentleman accused me of stealing his handkerchief—he looked in my hands, and opened my waistcoat, but found nothing—he then looked among the people, and found something, and the
officer came and took me. Witness. There was no one near me but a gentleman and two ladies—I saw him drop his right hand, and directly after the handkerchief laid down at his feet.
NOT GUILTY .
Cross-examined by MR. PHILLIPS. Q. Is the area open to the public? A. It was opened while the workmen were there—there were about forty workmen employed.
SAMUEL INGRAM . I am butler to Mr. Tudor. I saw three tons of coal put into the cellar—I could not miss any—the vault was open, as the door was out of repair—the workmen bad access to get coals for their fires in the house, but not to take any out—I saw the coals produced by the policeman when the prisoner was taken—they appeared to be part of those which were in the area.
Cross-examined. Q. How many were there in the bag? A. I should say little more than half a sack.
JONATHAN POLLARD (police-constable D 125.) On the evening of the 14th of March I was on duty in Orchard-street, Portman-square, and saw the prisoner come out of Mr. Tudor's, with a bag on his shoulder—I went across, and said, "What have you got here?"—he said, "Some rubbish I picked out of the area; the lady of the house gave it to me"—I went to the house, and saw Cloither—the prisoner said, "That lady gave them to me"—she said she knew nothing of them, and did not authorise him to tike them away.
Cross-examined. Q. Where are the coals? A. I left them at home, not thinking the case would come on to-day.
NOT GUILTY .
OLD COURT.—Wednesday, April 10th, 1839.
Fourth Jury, before Mr. Sergeant Arabin.
1181. HENRY PHILLIPS and ISABELLA SHORT were indicted for burglariously breaking and entering the dwelling-house of Leonard Koecker, at St. George, Hanover-square, about the hour of three in the night of the 5th of March, with intent to steal, and stealing therein, 3 rings, value 22l.; 4 toothpicks, value 2l. 10s.; 1 watch, value 10l.; 1 stand, value 5s.; 6 spoons, value 1l. 5s.; 1 pair of sugar tongs, value 10s.; 1 pair of spectacles, value 12s.; 2 knives, value 12s.; 1 thimble, value 1s.; 1 purse, value 1s.; 1 case of surgeon's instruments, value 1l. 10s.; 1 card-case, value 5s.; 1 cloak, value 2l.; 2 pairs of boots, value 1l.; and 2 handkerchiefs, value 4s.; his goods: and 1 coat, value 2l.; 1 waist-coat, value 5s.; 1 pair of gloves, value 1s.; and 1 handkerchief, value 2s.; the goods of George Hayes: and 1 shawl, value 5s.; 1 pair of boots, value 4s.; and 1 pair of ear-rings, value 5s.; the goods of Mary Bibby; to which they pleaded
GUILTY .— Transported for Life.
1182. WILLIAM MOODY and MARY MOREY were indicted for stealing, on the 2nd of April, 1 shift, value 3s.; 6 pictures framed and glazed, value 2s.; 2 shirts, value 8s.; 1 counterpane, value 8s.; 8 petti-coats, value 5s. 6d.; 1 pair of stockings, value 2s.; 2 pillow-cases, value 2s.; 1 bolster-case, value 2s.; and 1 nightcap, value 1s. 6d.; the goods of Aaron Ensor.
ELLEN ENSOR . I am the wife of Aaron Ensor, and live in Strutton-ground, Westminster. On the 1st of April the prisoners took my two-pair front room, at 4s. 6d. a week, as man and wife—they took possession that evening, and next day, about four o'clock, they left without notice—they had locked the door, and taken the key—I went in, and missed the articles stated—the apparel was wet linen, which hung in the adjoining room, which was locked—I found the lock forced—they were apprehended next day.
MARK NOBLE . I am a policeman. I took the prisoners into custody—the male prisoner gave me seven duplicates, four of which relate to the stolen property—I have a shift and six pictures, which I found at a house in Duke-court, Borough, where they had taken a lodging—I found the female prisoner there.
(Property produced and sworn to.)
Moody's Defence. I went out at twelve o'clock, and had nothing in my hand—I came in again, and went out at two o'clock—the witness says I left at four o'clock—I never saw the room myself.
Morey's Defence. Distress was the cause of it—he was out of employment—it was my fault, and not his.
MOODY— GUILTY . Aged 27.
MOREY— GUILTY . Aged 34.
Transported for Seven Years.
1183. ELIZABETH KINSELLA was indicted for stealing, on the 10th of March, 1 watch, value 8l.; 1 guard-chain, value 1l.; 1 seal, value 6d.; 1 watch-key, value 4d.; 1 ring, value 2d.; 1 breast-pin, value 4s.; 1 handkerchief, value 4s.; 1 pair of gloves, value 1s. 6d.; and 4 sovereigns; the goods of John William Parlour.
JOHN WILLIAM PARLOUR . I am an accountant, and collect tradesmen's bills—I live in York-street, City-road. On the 10th of March I was getting out of a cab, and being rather the worse for liquor I made a false step, and injured my face and legs—the prisoner came up and condoled with me, and induced me to go with her—she was a stranger—we went to No. 13, Woodstock-street, Oxford-street, to lodge for the night—I had in my waist-coat pocket five sovereigns—I sent out a sovereign for liquor, which we had in the house—I had a watch, a chain, a brooch, a pair of gloves, a hand-kerchief, and a scarf—I went to bed before eleven o'clock—she did not go to bed with me—when I awoke in the morning I found I was robbed of four sovereigns, and all my property—this is my watch and chain—(looking at them)—I did not go with her for any improper purpose.
Prisoner. The scarf was delivered to him at the office by another woman.
Witness. It was produced at the office—the Magistrate ordered me to take it.
ELIZABETH BUCKLEY . My mother keeps the house No. 13, Woodstock-street—we let out beds by the night. On the night of the 10th of March the prosecutor came to our house with the prisoner—he was so tipsy I do not believe he knew what he was about—I cannot say how long the prisoner remained there—the prosecutor came down in the morning, and said he was robbed—the prisoner was gone then—I understood they were to sleep together—the prisoner occasionally frequented the house at all times, night and day.
HUGH M'GREGOR . I am a policeman. I know this house very well—about a quarter to three o'clock, on the morning of the 11th of March, I saw the prisoner quarrelling with a caiman, in Oxford-street, about the fare—the cab man, as I passed, said, I think on purpose for me to hear, that she had got a good watch—I asked her how she got it—she said she had borrowed it from a friend—I asked her to take me to where he was—she could not—she afterwards said it belonged to a gentleman who lived at the Burlington hotel—I took her in charge with it.
GUILTY . Aged 20.— Transported for Seven Years.
Before Mr. Justice Littledale.
1184. THOMAS LOOK was indicted for burglariously breaking and entering the dwelling-house of James White, at St. Bartholomew by the Exchange, about the hour of two in the night of the 3rd of April, with intent to steal, and stealing therein, 13 spoons, value 5l. 10s.; 4 forks, value 2l.; 2 cruet tops, value 9s.; 93 cheroots, value 14s.; 1 groat and 101/2d.; his property.
WILLIAM WIGGINS WHITE . My father, James White, is a licensed victualler—his house is in the parish of St. Bartholomew by the Exchange—the prisoner lived with us about five months as pot-boy, and left on the 19th of March. In consequence of information, about six o'clock last Thursday morning, I examined the cellar of my father's house, and found a grating which had been in the centre of the cellar flap to give air and light, removed—it had been fixed with screws, which were rusty, and is eighteen or twenty inches wide each way—there did not appear to have been the least violence used to it—the flap was bolted underneath, and remained so in the morning—a person could get into the cellar by removing the grating, and then into the passage—I am certain it was down the night before, for I had passed over it about eight o'clock—we found a small board broken in the partition of the beer cellar, and that is the way the person must have entered, as no bolts were drawn or any locks broken—he could get from the broken place into the cellar, and there is a private staircase from the cellar into the bar—on going into the bar after the policeman had alarmed us, we found one of the till drawers on the floor, and the till drawer adjoining it broken open—from the sideboard in the bar we missed thirteen spoons, four silver forks, and two silver cruet tops—a 4d. piece and 5d. in halfpence was taken from another till—I had seen them safe at twelve o'clock the night before—no locks or doors were broken to get from the bar to the rest of the house—about one hundred cheroots were taken out of another drawer.
morning—Mr. White gave me the prisoner's name and address, and about three-quarters past six o'clock I went there—it was in Chatham-gardens, City-road—I found the prisoner in bed, and several children in the room—his brother, who is two years older than him, was also in bed—I told the prisoner my business—he denied all knowledge of the robbery—I took up his clothes, which were by the bed side, on the same side as he was, and found in various parts of them the property mentioned in the indictment—(producing them)—I told him he must get up and go with me—he put on the clothes from which I had taken the property, and went with me—his brother got up at the same time, and put on another suit lying on his side of the bed—this chisel Mr. White found on his counter.
WILLIAM WIGGINS WHITE re-examined. I know these articles to be my father's property—they were in the house at twelve o'clock on Wednesday night—here are all the articles stated in the indictment—(enumerating them)—the spoons and forks are all marked J. W., my father and mother's initials—all we missed is here—I found this chisel on the counter, immediately over the till which was broken open—it is not-ours—I have no interest in the property—it is all my father's—upon getting through the grating a person could get to any part of the house without breaking any door—the partition had been defective about a year—the grating rests on a small sill of wood, and could be taken up by any body in the street.
GUILTY . Aged 15.— Transported for Ten Years.—To the Isle of Wight.
Second Jury, before Mr. Recorder.
1185. ELIZABETH BULFIN was indicted for burglariously breaking and entering the dwelling-house of Thomas Horner, about the hour of twelve o'clock in the night of the 28th of February, with intent to steal, and stealing therein, 8 spoons, value 1l. 7s.; 1 ring, value 15s.; 1 pair of spectacles, value 7s.; 1 eye-glass, value 15s.; 2 handkerchiefs, value 2s.; 1 napkin, value 1s.; 1 thimble, value 1s.; 2 breast-pins, value 1l.; and 1 brooch, value 5s.; his property.
THOMAS HORNER . I am a painter and glazier, and live in Shepherd-street, Lincoln's-inn-fields—I keep the whole house—the prisoner was my servant for four months, and left on the 30th of January—about the 25th of February she applied to me for a character. On the 1st of March when I came down stairs at six o'clock in the morning I found my workmen in the house—I made inquiry of them how they got in, as I had not let them in—I sent for a constable, and on going over the house I missed the property stated, from various parts of the house—some from the room the prisoner had slept in, and some from my sister's room—I had seen the silver spoons, spectacles, and eye-glass the night before—we had three keys belonging to the door, which hung in a secret place in the day time, and one of those keys were missing after the 25th, when the prisoner came for a character—I had the highest opinion of her.
Cross-examined by MR. BALLANTINE. Q. When had you seen the three keys before? On the night of the 25th of February, when I locked the door—I was not at home when she came for the character—I saw the three keys on the 28th, after she had been.
JOHN WILLIAM ABBOTT . I live at St. Ann's Farm, Limehouse. On the 15th of March I found the prisoner in my kitchen—she appeared in very great distress of mind, overwhelmed with grief—I wanted to know what she had been doing, but could get no reply—I said, if she would tell me the whole truth, if it was in my power to help her I would—I asked
her why she came there, as she was no relation of mine, but I could get no reply—the first question I got a reply to was whether she had been in a Sunday-school—she said she had been at one in Queen-street, Ratcliffe——she said, "Sir, my sin is so great, you can't help me; you had better send for a policeman"—I said, "If I send for one, I must then see what you have done;" and without further observation she took some duplicates out of her pocket—she left them with me, and left the house with Mrs. Merrifield—they were afterwards delivered to Broddock in my presence—I did not know the prisoner before, but afterwards remembered having seen her at a neighbour's house—she began to make a statement to me—I had said if I could do any thing for her I would.
Cross-examined. Q. I believe you made inquiry about her? A. Yes, and learnt from her friends she bore a good character.
JOHN PARKER . I am shopman to Mr. Dicker, a pawnbroker, in Lambeth-marsh. On the 1st of March a pair of spectacles and a thimble were pawned at our shop in the name of Mary Smith—I do not know who by.
EDWARD WOOD . I am shopman to Mr. Garret, a pawnbroker, in Commercial-road. On the 4th of March an eye-glass was pawned with me; on the 6th two tea-spoons; on the 8th two more; and on the 9th one more—I believe the prisoner to be the person, from any recollection of her—I have the counterparts of the duplicates—those found on the prisoner are what I delivered to the person pawning the articles.
WILLIAM SMITH . I produce two salt-spoons pawned, on the 2nd of March, in the name of Elizabeth Horner, for her father—I have no recollection of the prisoner—the duplicate I gave is amongst those produced.
EDWARD SMITH . I am shopman to Muncaster and Co., of Skinner-street, Snow-hill. A handkerchief and pin were pawned with me in the name of Ann Smith, I cannot say who by—this is the duplicate that was given for them.
JOHN BRODDOCK (police-constable F 113.) I received eight duplicates from Mrs. Abbott in Mr. Abbott's presence—the prisoner was not there—I have shown those duplicates to the pawnbrokers—I apprehended the prisoner on the 17th, about two o'clock in the morning, at her father's house, in St. Ann-street, Limehouse—on the way to Bow-street she said she had pledged the things at different places—she told me where, and that the duplicates were at Mr. Abbott's.
HENRY BUTTRESS . I work for the prosecutor. I went to the premises, on the 1st of March, about twenty minutes after six o'clock—there was plenty of time for a person to have gone in between six o'clock and twenty minutes after.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY. of stealing only. Aged 19.—Strongly recommended to mercy. Confined One Month.
MR. CLARKSON conducted the Prosecution.
JOHN WILLIS . I am bailiff to Mr. Morgan, of Harefield, Middlesex, near Uxbridge, the parish of Rickmansworth joins the parish of Harefield. On the night of the 16th of March master had thirteen sheep in a field, called
Woodcock's Field—I went there at eight o'clock on Sunday morning, the 17th, and there were but twelve—a fat wether sheep was gone—I found the skin and entrails in the adjoining field—I observed foot-marks in that field of more than one man—it is a meadow—the field the sheep had been pasturing in was a turnip-field—I observed foot-marks in that field also, of one or two persons, corresponding with those in the field where the sheep was slaughtered—one of them was very remarkable—I sent for the constable, and we followed the track of the footsteps for about a mile, towards West Hyde, in Rickmansworth parish—the nearest foot-mark to the prisoner's house was about half a mile—it led to many other houses besides his—on the following morning (Monday) I went to the prisoner's house, about half-past eleven o'clock, and while the constables were searching it the prisoner came home—he said, "Halloo, what is the matter now?"—the constable said, "We are looking for mutton"—he said, "I wish there was some here"—the other constable said, "Let me look at your shoes"—he held up one—the constable said, "Let me look at the other"—he then held up the other—the constable said, "They are the shoes"—I noticed the tips had been taken off the heels—it appeared to have been done not more than an hour or two, I could see by the appearance of them—the shoes were taken from him, and he was taken into custody—I observed, in the gap between the two fields, impressions of a person wearing corduroy breeches having knelt—there was the appearance of two persons having been there—in getting up the bank they had made a slip, and knelt down on their left knee—there was the mark of cord, and at the bottom a flat impression, as if the breeches had been mended with cloth—I saw the prisoner's trowsers afterwards, they were corduroy, and were mended with a piece of cloth—in my judgment those trowsers made that impression—it was a very strong impression—the bank was dirty, and his trowsers were soiled with dirt.
JOHN ATKINS . I am a constable of Harefield. On Sunday morning, the 17th of March, I was sent for, and went to Woodcock's-field—I found foot-marks in the sheep-fold of one man, very remarkable indeed—I noticed the mark of a toe of a shoe and the knee of trowsers, where he had slipped on the gap between the two fields—there were marks of two persons having been there—in the adjoining field we found the skin and entrails of the sheep—I accompanied Willis in the direction the foot-marks led, and went to West Hyde—I traced those marks nearly down to the prisoner's house—there were one hundred or two hundred impressions of foot-marks, very strong in some places—I found some about a quarter of a mile from the prisoner's house—I went to his house on the Monday, and found about three pounds weight of mutton, cooked, and a great deal of broth, but none raw—he came in, and said, "Halloo, what are you at there?"—I said, "Searching for stolen mutton"—I asked him to let me look at his shoes, which he did—I said, "That is one of the shoes, let me see the other"—he held it up—I said I could swear that was the shoe that made the track—they struck me directly as being the shoes, and seeing the tips were fresh pulled off, I asked him why he had pulled them off—he said they had been off about a week—I told him to pull the shoes off, and I put them into my pocket—I examined the foot-marks with the shoes, and they exactly corresponded—before that, in consequence of information, I went to Ford's, a shoe-maker's, near the prisoner's house—he produced two tips to me, in two parts—I put them together, and they formed a pair of tips—I applied them to the prisoner's shoes, and they were the tips that had come off
these shoes—I applied the shoes to the foot-marks, and they exactly corresponded—I can safely say the impressions, from the fold to within a quarter of a mile of the prisoner's house, had been made with those shoes—after I took him into custody I saw him throw something away—I ran and picked it up, and found it was this knife—I opened it, and there were marks of blood on it, and a sort of fat—the prisoner is a labourer—I asked him where he got the meat, he could not tell me.
DANIEL FORD . I am a shoemaker, and live at West Hyde, Rickmans-worth, about a hundred yards from the prisoner's. On Monday morning, the 18th of March, he came to my house, about twelve o'clock—he did not say any thing, but took the pincers off the bench, went behind me, and did something to his shoes—what it was I do not know, as I was busy at work, but I heard something rattle against the grate—after hearing he was taken into custody I had the curiosity to see what I had heard rattle, and I took up two tips—after a little while Atkins came and asked me for the tips the prisoner had taken off his shoes—I said, "What tips? I have not teen him take any thing off, but after hearing you had taken him into custody I had the curiosity to look, and I picked up these tips"—he fitted them to the shoes, and they apparently fitted.
ELIZA FORD . I am the daughter of the last witness. I was at home on Monday morning—I saw the prisoner come into the house, and take the pincers off the bench, go behind my father, take the tips off, and throw them under the grate.
JOHN ATKINS re-examined. I took him about twelve o'clock—I had not seen him come out of Ford's—I traced the steps on the Sunday morning—I did not go nearer than a quarter of a mile from the prisoner's house, as I did not want it to be known that I was tracing.
Prisoner. My father knows I was at home and in bed, and if he had known what time my trial would come on he would have been here.
Witness. The prisoner lives with his father—I found the track of one person's shoes in the fold—they corresponded with the prisoner's shoes—I could only plainly distinguish one person's foot-marks at the gap, and they were the same as those in the field—the prisoner's father showed me his own shoes—he has a much larger foot than the prisoner—nothing was said about where he was on Saturday night, when he was charged with this offence.
GUILTY . Aged 21.— Transported for Ten Years.
NEW COURT.—Wednesday, April 10th, 1839.
Sixth Jury, before Mr. Common Sergeant.
1187. WILLIAM WILDS and WILLIAM CHISLEY were indicted for stealing, on the 9th of March, 1 hand-saw, value 2s.; 1 square, value 1s.; 1 hammer, value 6d.; and 1 chisel, value 6d.; the goods of George Henley.
GEORGE HENLEY . I live in Pulteney-street, White Conduit-fields. On the 9th of March I had these tools at a building of Mr. Reynolds, at twelve o'clock, when I went to dinner—when I returned they were gone—these are them—(looking at them)—the saw has my name on it.
Cross-examined by MR. PAYNE. Q. Where did you leave them? A. On the ground-floor—Wilds worked there, but I had not seen him that day—the door was shut, but persons could get in.
JOHN JAMES ADAMS . I live with Mr. Wyard, surgeon in Barnsbury-terrace, Islington. On the 9th of March I was coming up the street—I saw Wilds put his hand through a crack in the side-door of this home, pull out the tools, put them under his coat, and run away—Chisley was standing at the corner of the street at the time.
Cross-examined. Q. What sort of a crack was this? A. It was large enough for any body to put their arm in—I knew Wilds before, and had seen Chisley about twice—I was above two dozen yards off—Wilds drew them through the door, and then went to Chisley.
THOMAS PARKER . I am a butcher, and live at Laycock's Dairy. Between twelve and one o'clock, on this day, I saw the prisoners—Wilds had a hammer, a chisel, and shuttlecock bat in his hand, and Chisley had a saw.
(Wilds received a good character.)
WILDS— GUILTY . Aged 15.— Confined Four Days, and Whipped.
CHISLEY— GUILTY . Aged 12.— Confined Three Months.
JOHN GORDON BUTT . I live at Hackney. On the 7th of March, about seven o'clock in the morning, as I was getting up I looked out of the window, and saw the prisoner in my yard with a basket of tools under his arm—I ran down, and caught him about a hundred yards off—he dropped the tools, and said, "I did not take them, that boy took them"—I saw no boy—he said, "He has run round the corner, he took them, and dropped them; I took them up, and when I saw you I dropped them"—a policeman came up—we took him back to my place, and I saw the safe door open where the tools had been in the basket in the yard.
Prisoner's Defence. A boy was running, and dropped them—I took them up, and asked the prosecutor if they were his.
GUILTY . * Aged 16.— Confined Six Months.
1189. SOPHIA FREDERICA AUGUSTA, alias Sarah Baker, was indicted for feloniously, maliciously, and by force leading and taking away a certain female child, under the age of ten years, named Esther Williams, with intent to deprive Thomas Williams and Mary his wife, the parents of the said child, of the property of the said child.—2nd COUNT, stating her intent to be to steal 1 pair of shoes, value 2s.; 1 bonnet, value 4s.; 1 cloak, value 4s.; 1 frock, value 6s.; 1 pair of ear-rings, value 5s.; and 2 petticoats, value 2s.; the goods of Thomas Williams; on the person of the said child.
THOMAS WILLIAMS . I am a gun-maker, and live in Glass-house-street, Minories. On Sunday afternoon, the 10th of March, I sent my little girl named Esther, who is between six and seven years old, to Aldgate church by herself—she has two brothers in the school, and was to meet them there—the boys returned about five o'clock, and in consequence of what
they told me I sent them one way, and I went another way—I found the child down the second turning beyond Whitechapel church with the prisoner—I called the child, and she said "Father"—I said to the prisoner, "How came you to take her out of the church?"—she said, "I found her in Spitalfields-market"—the child said, "It is a story, you took me out of the church"—I walked with her as far at Church-lane, and there gave her in charge.
Prisoner. Q. Did I attempt to touch your child's clothes? A. I cannot say that.
ARCHELAUS WILLIAMS . I am ten years old—I belong to Aldgale Charity School. I saw my sister sitting in the middle aisle of the church, and saw the prisoner take her off the form and put her into her lap, while the minister read the collect—she then took her out of the middle aisle door, stooped down to put on her pattens, and led the child but—I am sure the prisoner in the woman—she had on a brownish coloured shawl, I believe the same the has on now—I cannot say what colour her bonnet was—I saw her face, and am sure of her—I thought the was going to take the child home, but the boy next to me said, "That woman in going to take the child away"—we were sitting in front of the church.
GEORGE WILLIAM ROSS . I belong to the school. I saw the prisoner take the child on her knee, then take her out of the door, put her in her arms, and carry her away—I am sure she is the woman—I did not notice her dress, but I did her face—I was sitting in the side pew up stairs—her face was towards me, not towards the minister.
GEORGE HICKSON (police-constable H 119.) I took the prisoner, and asked why she took the girl out of the church—she said she did not, that she found her in Spitalfields-market—she had on the same shawl she has on now, and a bonnet.
Prisoner's Defence. I went out for a walk on Sunday afternoon, and saw this child—she said she had been in church sitting opposite the fire, and was so faint that she came out, and had missed her road—I asked where she lived—she said, in Glass-house-street, and if she could get to Aldgate church she should know her way home—I said I would take her there, and was going to do to—they have put her up to say what they please.
GUILTY . Aged 19.— Confined Three Months.
THOMAS ROBSON . I live in Eastcheap. On the 5th of April, about five o'clock in the afternoon, I was in the parlour adjoining my shop—I saw the prisoner come in, and lean over the counter—he took out the till, by two or three successive efforts, and put it under his arm—I went and asked what he wanted—he put the till on the counter, knocked on the counter with a penny, and said, "I want a pennyworth of something"—he looked round, and said he did not know what—he tried to rush out of the shop, but I stopped him—there was about 1s. 6d. in the till.
Prisoner's Defence. I never touched the till.
(The prisoner received a good character.)
GUILTY . Aged 13.— Confined Six Months.
JOSEPH COCKERTON . I keep the Royal Hospital public-house, in Hospital-row, Chelsea. The prisoner was my waiter for about three months—in consequence of something, on the 17th of March, I marked five half-crowns and two sovereigns, which I put into the till in the her, at twelve o'clock at night I locked it—there was then 5l. in it—I came down at eight o'clock in the morning—the till was still locked—then was about 1l. 14s. or 1l. 15s. missing, and among it one sovereign and one half-crown, which I had marked—I sent for an officer, who searched the prisoner in my presence, and found rather more than 15l. on him, among which was the half-crown and sovereign I had marked—he said part of the money was mine and part was his own—he had no business to go to the till or into the bar.
GEORGE THATCHER (police-constable B 17.) I took the prisoner, and found on him 14l. 5s. 4 1/2 d.; and a silver watch, and several articles in his box—in going to the station-house he said that 8l. or 9l. of the money belonged to himself, and the remainder to his master.
Prisoner's Defence. The bar-maid was trying to do all she could to injure me, by placing money in different parts of the house, to entrap me—I did not go to the till—the bar-maid came down first—she most have taken it out of the till, and put it on the counter to entrap me.
GUILTY . Aged 15.— Transported for Seven Years.
(The prosecutor stated he had lost 25l. or 30l.)
MARIA WRIGHT . I am the wife of John Wright, a baker in Newcastle-court, Strand. On the 28th of February we were moving in, and missed the two decanters, which I had seen about five or ten minutes before in the window, which was open—this is one of them—(looking at it.)
WILLIAM CARLE . I am a policeman. I went after the prisoner—he saw me, and ran away before I had said a word to him—I stopped him, and asked if he knew what I took him for—he made no answer at first—he then said he supposed it was about the decanters—I asked if there were any other boys with him—he said no, nobody did it but himself.
(The prisoner received a good character.)
GUILTY . Aged 15.— Confined Four Days, and whipped.
GUILTY . Aged 27.— Confined Three Months.
SARAH SHANNON . I am the wife of John Shannon, a shoemaker, in Middle-row, St. Pancras. On the 11th of March the two prisoners came to the door—I thought they were going to buy something, and went out to serve them—before I got out they took a pair of boots, and ran off together.
SAMUEL FRANCIS . I am a policeman. I heard the cry of "Stop thief"—I saw Phillips running, and took him—he said he had heard the cry of "Stop thief," and was running—in taking him to the station-house, he said it was no use telling a lie, he took the boots, and gave them to the other man.
PHILLIPS— GUILTY . Aged 18.— Confined Three Months.
WIILIAM HENRY DUBBER . I am a chaser, and live in Tudor-place, Tottenham Court-road. The prisoner was in my employ—on the 14th of March, about eight o'clock in the evening, I was out—my apprentice came to me—I returned with him, and found the prisoner and my daughter in the shop—I asked him for the silver—he denied having it—my daughter said, "Don't tell a story, I saw you put it in your pocket"—I sent for a policeman—the prisoner attempted to go into another stop—I prevented him—he took off his boots, and shook them—he then took off his coat, and threw it into an adjoining shop—he then took off three waistcoats, and threw them at me, and said, "There is your silver"—it was not there—he then took off his trowsers, and then his belt—the policeman arrived, and searched him, but found nothing on him—the silver was found on the floor, under his coat—it was impossible for it to have fallen on the floor there.
CHARLES TILDEN . I am the apprentice. The prisoner came in, and wanted some iron wire—I saw him pick up some silver wire—I told him to put it down—while he was talking to me he slipped it into the skin, and took it away, and as I came back I saw him take the silver wire up, and put it into his pocket—I asked him for it—he said he had not got it—I afterwards saw it found under his coat—it was in another part of the that I saw him put it into his pocket.
Prisoner. I said I wanted a piece of silver wire. Witness. You said iron wire.
Prisoner's Defence. I took up the silver wire, and put it on the board, not in my pocket—I suppose it got knocked down.
NOT GUILTY .
SARAH STAPLES . I am servant to Jean Francoise Isadore Caplin, a milliner. About ten o'clock in the morning of the 12th of March, I saw Madame Caplin put a half-sovereign and some silver on the counter—I do not know how much there was—I was minding the shop—I saw the prisoner
come in, take the money off the counter, and run out—I ran out after him, calling "Stop thief"—he was caught in Regent-street, by a gentleman, and half a sovereign, six shillings, and two sixpences were found on him.
Prisoner. I was in the shop about five minutes, and asked if you wanted wood—you said, "No"—I went into the next shop—there was nobody there, and you came and said to me, "Did you see any young man running by?"—I said, "Yes," I ran after him, and the gentleman took me. Witness. You are the boy that I saw take the money off the counter.
BENJAMIN HAWKINS . I am a porter, and live in Carabridge-mews. At twenty minutes past ten o'clock I was in Regent-street, and saw the prisoner and this witness running, crying "Stop thief"—I took him back to the shop—I saw he had something in his mouth, and he put out half a sovereign, six shillings, and two sixpences into my hand, when I told him.
Prisoner's Defence. I had half a sovereign, eight shillings, and two sixpences in my pocket—they did not take that from me—I put this money into my mouth as I was running, because I had got holes in some of my pockets.
(Thomas Wright, paper-stainer, Stephen-street, Lisson-grove, gave the prisoner a good character.)
GUILTY . Aged 16.— Transported for Seven Years.
JAMES BADHAM . I am shopman to Henry Flower Fenner, of Brill-row, Somers-town. On the 15th of March the prisoner came to the shop, and after she was gone, I missed a waistcoat—I inquired where she lived, went to her house, and said we had missed a waistcoat—she came back with me and said she would fetch it, if I would let her go—I gave her in charge—I had known her before—I do not know that she is weak in her mind.
Cross-examined by MR. PHILLIPS. Q. How often had you spoken to her before? A. She was in the habit of coming to the shop, and has been past the place two or three times a day for these two years—she often came, but never bought any thing—I knew her name was Peggy—I did not say, when I went to her house, "Margaret, Mrs. Fenner wants you about some work"—she did not say, "Stop, till I bring the waistcoat," nor did I reply, "Never mind that, I will send for it"—I was not at all familiar with her—I had shown her a quantity of waistcoats that day, and she put her finger up to her nose at me—I felt hurt at that—I inquired for her next door, where she worked—she came back readily—she did not take the waistcoat on liking—it would not fit the person she meant it for, who, I believe, is her intended.
JAMES FITZPATRICK . I am a policeman. I took the prisoner—the told me if I would let her go she would get it—she said if I went to No. 19, Harford-street, I should find the waistcoat in the coal-hole—I went there and found it.
MR. PHILIPS called SARAH HARRIS. I live with my father in Harford-street, opposite the prisoner. I was up-stairs at my window, and I saw Badham come to the house, and say to her, "Margaret, Mrs. Fenner wants to see you about some work"—she said, "Stop, and let me fetch the waistcoat"—I did not hear what answer she made.
NOT GUILTY .
1197. ISABELLA LONDON was indicted for stealing, on the 19th of March, 1 handkerchief, value 1s.; 2 aprons, value 10d. 2 table-cloths, value 3s.; 2 shirts, value 5s.; 1 shawl, value 1s. 6d.; 1 towel, value 6d.; 1 frock, value 6d.; and 2 sheets, value 4s.; the goods of Valentine Charles Marriott; to which she pleaded
GUILTY . Aged 46. Confined Three Months.
RICHARD PATTERSON . I live in Oxford-street. About eleven o'clock on Sunday-morning, the 10th of March, I was going into my shop, and saw the prisoner coming out with two or three pies in kit arms—I said, "You have not come honestly by them, I must stop you"—he ran away, and threw them into the street—I overtook him.
JAMES WILD . I am a policeman. I saw the prisoner come out of the shop, and say to two other boys, "I only gave 21/2d. for the three"—I saw the dishes to the pies, and was just going to make inquiry, when a female came to the door, and called, "Stop thief'—I pursued the prisoner, and when he got to the corner of the street he dropped the pies—another constable found 1s. 9d. on him.
GUILTY . Aged 14.— Confined One Week.
HANNAH PROUDFOOT . I am a widow, and live in Great Chart-street, Hoxton. The prisoner lodged with me from Thursday till Monday—he was to pay 7s. a week—I let the articles stated with the lodging—he was taken from my house on another charge, and then I missed these things.
(Property produced and sworn to.)
GUILTY . Aged 28.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
GEORGE SMITH . I am in the employ of William Trail, a pawnbroker, in Chapel-street. On the 11th of January we had a cloak inside the shop—I missed it between four and five o'clock in the afternoon, and found it about two hours after, pledged at Mr. Prail's in Church-street, a relation of my master's—this is it—(looking at it)—I had seen the prisoner at our shop not five minutes before I missed the cloak.
This cloak was pledged by the prisoner.
Prisoner. Q. Did you take it of me? A. No, but I was present when it was taken in—it was identified ten minutes after it was pawned—she had a child with her, and she had the same child at the—office—I described her to the police.
JOHN MANNING . I am a policeman. I met the prisoner on the 1st of March, and asked when she was at Mr. Trail's, in Chapel-street, she said, not long since—she said she knew nothing of the cloak—I took her there, and the shopman identified her.
Prisoner's Defence. I had been to Mr. Trail's that day—as to Church-street I never went near it.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy. — Confined One Month.
RICHARD BRADSHAW . I am an officer of the Marylebone police, and lodge in Adam-street, Manchester-square. The prisoner lodged there also—I lost a pair of boots in January from my room—I had occasion some time after to give the prisoner into custody for being drunk—I found a number of duplicates on him, one was for a pair of boots—these are them—(looking at them.)
Prisoner. I found them on the lobby, and they were in my room three weeks before he came to lodge in the house—he has got no mark on then—they will not fit him. Witness. I can swear to them—I have worn them—they were taken out of my room—I saw them there the latter end of December—they were given to me by a gentleman.
JOHN REYNOLDS . I live in Queen-street, Marylebone. At the latter end of December the prisoner brought me a pair of shoes—he had these boots on, and showed them to me—I repaired them afterwards, and pawned them to pay for repairing these and the other pair.
THOMAS HARRISON . I am a policeman. I took the prisoner, and found sixteen duplicates on him—among them was one for these boots—the prosecutor said, "I should not wonder if they are mine"—the prisoner said, "No, they are not."
GUILTY . Aged 44.— Confined Three Months.
FRANCES LUCRETIA SIMMONDS . I am the wife of Samuel Simmonds, and live in George-street, Snow-hill. About eight o'clock on Sunday evening, the 10th of March, I was walking in the Strand with Susannah Tasker—I had my baby in my arms and my reticule in my hand, containing a pocket handkerchief—I saw the prisoner, with two more boys, and two girls at the corner of Wellington-street—they followed us to King's College—the prisoner then came before me, and held me back with his right hand while he snatched at my bag with his left—he got it from me, and ran away—my friend ran after him, and caught him—I do not know where the other four were—I had seen them behind me two or three minutes before—the prisoner was brought back in three or four minutes—this is my bag and hand-kerchief—(looking at them.)
SUSANNAH TASKER . I live in Brunswick-street. I was with the prosecutrix, and saw the prisoner snatch the bag from her—I pursued him to Newcastle-street, crying "Stop thief"—the policeman followed, and caught him—he threw the bag away—I had seen the others with him just before.
WILLIAM HOWARD (police-constable F 94.) I was in Newcastle-street, and saw the witness following the prisoner—I pursued him to Holywell-street, and there took him—I saw the bag drop, but did not see him drop it.
Prisoner's Defence. I work for Mr. Hilliyard, and was out delivering medicines—on coming along the Strand I heard a cry of "Stop thief," and the officer picked me out among the crowd—I had not been twenty minutes from Lord Glenelg's when I was taken.
GUILTY . † Aged 14.— Transported for Ten Tears—to the Convict Ship.
MR. BARNES re-examined. This is my writing—I gave it to the prisoner to give when he got the money.
JAMES HAYWARD . I am a policeman. I found the prisoner at the Waterman's Arms, at the back of Shoreditch church, dancing with a number of boys and girls—I was in plain clothes—I asked him if he knew me—he said, "Yes"—I told him what I took him for—he said he had lost the money; and after that he said he fell in with three young men, who asked him to go with them and drink, that he said he had no money but his router's, and they said, "Never mind, come"—he went with them, and spent 3s., and he was ashamed to go back—he gave some other account afterwards.
GUILTY . Aged— Confined Five Days; the prosecutor having promised to take him again.
1204. JULIA BURKE was indicted for stealing, on the 25th of March, 4 frocks, value 4s.; 3 pairs of shoes, value 1s. 6d.; 2 napkins, value 6d.; and 21/2 yards of carpet, value 4s.; the goods of John Sawyer, her master.
AMILIA SAWYER . I am the wife of John Sawyer, and live in Bulling-ham-place, Kensington. The prisoner lived with me three weeks—I discharged her, and paid her her wages in the presence of a policeman, as the was very insolent to me—about half an hour after she was gone the police-man came—I went with him to his house, and saw these things—they are mine—I had not missed them.
JAMES BANHAM . I am a policeman—I live next door but one to the prosecutrix. On the 25th of March the prisoner left this bundle at my house unknown to me—she came about seven o'clock, and said she had left a bundle with my wife, and wanted it—she stood talking with me some time—my wife came in, and asked her to stop to tea—she said she had no objection—she went to the bundle, and got a little tea from it—I caught sight of the things, and thought they were not hers, and gave notice to the prosecutrix—the prisoner said at the station-house, that it was liquor had done it—she said the nursery maid had given her a pair of shoes, she did not know what was in the bundle, she was so intoxicated, she took all the other things but the pair of shoes—she was in liquor—she gave my wife 1s. after tea to get some rum, but I did not allow her.
MRS. SAWYER re-examined. I have a nursery-maid, but she say she was not present when the bundle was packed up.
Prisoner's Defence. I had some gin and beer with my fellow-servant on leaving, and did not know what I put up—I had thrown my gowndown on the carpet the night before, and tool: that up with the gown—if I had been in my senses I should not have done it.
NOT GUILTY .
JAMES KBENE . I live with my father, Richard Keene, who keep the Tower of Babel beer-shop, in Cambridge-street. On the 27th of March I was returning home, and met the prisoner coming out of the home with a bag—I followed Mm, and gave him into custody—he threw the bag down—I picked it up, and found it contained these three pots.
Cross-examined by MR. PHILLIPS. Q. Do you know the prisoner at all A. I have seen him—he hat seven children.
WILLIAM GARLICK . I was in the tap-room about eight or nine o'clock—the prisoner came in and called for half a pint of beer and a pipe—he partly finished it, then complained of being ill, and went to the water closet—I watched bin, end saw him take three pint pots from the place where I had cleaned them, pinch them up, and pot one in his hat and the others in his pockets—be then went into the water-closet again—I told my master—the prisoner came up and finished his pipe and beer—I saw him pot the pot in a bag, and go out—I followed him GUILTY. Aged 35.—Recommended to mercy. — Confined One Month.
fifth Jury, before Mr. Sergeant Arabin.
ELIZABETH DELLERS . I live opposite the prosecutor. On the 20th of March I saw the prisoner go to his shop, take a piece of beef off the corner, put it into his apron, and walk off—I went and told of it.
THOMAS PHILLIPS . I am a butcher. Dellers gave me information—I followed the prisoner, and net a polioeman, who overtook him, and found 5lbs. of beef on him, which is mine—I had seen it safe five minutes before.
JOHN FINK (policerconstable G 47.) I saw the prisoner rnnning-an alarm was given, and I stopped him with the beef in his apron. GUILTY . * Aged 18— Transported for Seven Years.
GUILTY. Aged 37.—Recommended to mercy. — Confined Six Months.
—I looked through my parlour window, and saw the prisoner going out with a piece of bacon—I ran and stopped him with it.
(The prisoner received a good character, and was promised employment.)
GUILTY. Aged 17.—Recommended to mercy. — Confined Seven Days.
WILLIAM JEWELL . I am foreman to Charles Edwin Kendall, a shoe-maker. We lost a pair of boots on Saturday evening, the 2nd of March but did not miss them till next day, when the policeman came to us—these are master's—(looking at them.)
PHOEBE PIRRY . I keep a shop in Playhouse-yard, which is about five minutes'walk from the prosecutor's. On the 2nd of March I saw the prisoner come up to my passage door, and put down a bundle—the police-man came and took it up, and ran after him.
EVAN DAVIS . I am a policeman. I met the prisoner in Playhouse yard, and 1 followed him—when he got to Perry's door he stood half a minute, and dropped the boots—I crossed and met him, and asked what he had done with the bundle—he said, "What bundle?"—I said, "The one you had under your arm"—he said, "I know nothing about it"—I went and found it in the passage—it was these boots.
Primer's Defence. The policeman stopped me, and asked what I had got—I said, "Nothing"—he said, "Go about your business;" and when I was going, he picked up the bundle and ran after me—he asked me where I got it, and I said I did not have it. GUILTY . * Aged 14— Transported for Seven Years.—Convict Ship.
1210. JANE BRODERICK was indicted for stealing, on the 18th of March, 3 gowns, value 17s.; 1 cloak, value 6s.; 1 shawl, value 1s. 6d.; and 1 apron, value 6d.; the goods of Mary Ann Hayward; and 1 pair of boots, value 4s.; 1 pair of stockings, value 3d.; and 1 apron, value 3d.; the goods of Abraham Hayward, her master; to' which she pleaded
GUILTY. Aged 15.— Transported for Seven Years—Penitentiary.
JULIA HYNAM . I am a widow, and live in Clarendon-square. On the 18th of March my servant came up to me with a message—in consequence of what I said to her she ran down, and I heard her cry, "Thieves"—I went down, and found the hall door open, and some medicine which had been on the hall table thrown down and broken—the servant returned in a minute or two, and gave me these cloaks—two are mine, and one belongs to Caroline Gordon Sewell.
ELIZABETH EYRES . I am servant to the prosecutrix On Monday evening, the 18th of March, the prisoner came to the door, and said he came from Mr. Jones, of Tottenham Court-road, for a pair of trowsers to be mended for a gentleman—I let him in, shut the hall-door, and went up
stairs—I came down in less than two minutes, found the hall door wide open, and the cloaks gone off the hooks—I ran out—a young man gave me two of the cloaks off the pavement, and another was found in an area—I did not see the prisoner drop them—he was not taken till the Thursday morning—I am positive he is the person.
Prisoner. Q. How do you know me? A. I took notice of yon—I described you to the policeman the same night.
JAMES CARTER (police-constable S 140.) I took the prisoner on the 21st of March—I told him it was for stealing some cloaks from No, 50, Clarendon-square—he said he knew nothing about it—I took him to the house, and the servant said it was him.
Prisoner's Defence. I was at home that evening from seven till tea o'clock with my mother—she was in court to-day, and could prove it.
GUILTY .* Aged 16.— Transported for Seven Years.
MART TORPET . I live in Norfolk-street, Middlesex Hospital. Hendry Barton lodged in my front attic, and the prisoner lodged in the same room—on the 12th of March, at nine o'clock in the morning, the prisoner came in, went up stairs, brought down a bundle, and went out.
HENRY BARTON . I lodge in Mrs. Torpey's house. These things are mine—I permitted the prisoner to pawn one or two things, but not these—I have known him seven or eight yean—I think he did this, supposing I should take no notice of it, and to get a few shillings to go home.
NOT GUILTY .
THOMAS YOUNG . I am a solicitor. On the 30th of March I was in the waiting-room, at Somerset House; on business at the Stamp Office—I saw the prisoner Jones at my back, and Cooper on my right—I felt my pocket touched three or four times—I got my stamps, turned to the table, and missed my handkerchief—I looked at the prisoners, and saw Jones reach over something to Cooper, which he put under his apron—I said to him, "Let me see what you have got under your apron"—he avoided me, and turned off—I saw the handkerchief drop from under his apron, took it up and gave them both in charge.
Cooper's Defence. I was waiting there for my master's property—I took this lad in to show him the place, and this gentleman accused me, but I am innocent—I think he found the handkerchief under a gentleman'i feet.
Janes's Defence. I went in with Cooper, and stood by the fire—I was
not near this gentleman at all.
(Cooper received a good character.)
COOPER— GUILTY . Aged 15.— Confined Six Months.
JONES— GUILTY . * Aged 15.— Transported for Ten Years.
WILLIAM BRENNAN . I am foreman to Mr. John Richards, a pawnbroker in Bridge-road, Lambeth. This pistol is one of a pair which was kept in a case at the door of my master's shop, for sale—the pair was worth five guineas—I missed one of them on the 25th of February—we advertised it, and beard of it eight days after—this is it—(looking at it)—I think I had seen the prisoner before, but wag not acquainted with him.
WILLIAM CHARLES GRAYGOOSE . I am in the service of Mr., a pawnbroker in Queen-street. This pistol was pledged there by the prisoner, in the name of William Smith, for John Clark, No. 1Q, Wardour-street, on the 20th of February—I had seen the prisoner before frequently.
GEORGE DOWNS (police-constable F 101.) I took the prisoner into custody—be said he pawned the pistol for John Clark, No. 10, Wardour-street—I went there, and made every inquiry—no such person was known there.
Prisoner's Defence. I met a man of the name of Clark, with whom I am acquainted—we went to a public-house, and he gave me the pistol to pawn, u he said he had to go to a book sale, and wanted to raise some money—I took it to a place where I was well known, and when asked the address I said I believed it was No. 10, Wardour-street. NOT GUILTY .
OLD COURT.—Thursday, April 11th, 1839.
Third Jury, before Mr. Sergeant Arabin.
1215. ELIZABETH BALDWIN was indicted for stealing, on the 10th of March, at St. Martin-in-the-fields, 59 yards of silk, value 5l. the goods of Griffith Foulkes, in his dwelling-house; and that she had been previously convicted of felony; to which she pleaded
GUILTY . Aged 68.— Transported for Ten Years.
JOHN JAMES DOLAN . I am an army clothier in St. Martin's-lane, I have two partners. The prisoner was a cutter, employed by us—about twelve o'clock, on the 28th of March, as he was leaving the premises, at dinner-time, I called him back into the cloth-room, told him my suspicions, and wished he should be searched—he said he was an honest man—I repeated my wish to have him searched—he asked leave to go into the cutting-room, to take off his coat—I said, "You shall go up stairs;" and on leaving the cloth-room, I saw apiece of duck fall from his person—we went up stairs, an officer searched him in my pretence, and took from his coat pocket a piece of duck, and from each thigh, under his
drawers, another piece of duck—before the last piece was taken he said he had no more, and afterwards asked me to be lenient to him—he had no authority to have the property—this is it (looking at it)—it is mine.
Cross-examined by MR. PHILLIPS. Q. Are these what you call cuttings? A. No—the cutters are not allowed perquisites out of the cuttings—I believe he came to me from Mr. Gilpin—I had no character with him.
(The prisoner received a good character.) GUILTY. Aged 39.—Recommended to mercy. — Confined Three Months.
FREDERICK JOHN JOHNSON . I am a constable of Covent-garden market. About half-past two o'clock on Sunday morning, the 17th of March, I was in the fruit-market, and heard something falling—I went to the spot, and found a large box thrown down, a quantity of baskets thrown about, and an orange-box broken open, and some oranges gone from it—I looked about, and under a tarpaulin, close to the spot, I found the prisoner concealed—I did not know him before—I searched him, and found thirty-six oranges buttoned up in his coat and trowsers—they were all about him—they had been taken from Mr. Pitt's stall.
RICHARD MOORE . I am a constable. I heard a noise in the market, went with Johnson, and found the baskets strewed about, and a box of oranges broken—I found the prisoner concealed under the tarpaulin, with the oranges on him.
Prisoner's Defence. I did not take them—they were given to me by a strange man in the market.
GUILTY. Aged 22.—Recommended to mercy. — Confined Two Months.
ELIZABETH DUNKER . I am the wife of John Dunker, who keeps a public-house in King-street, Seven Dials. On the 31st of March, about one o'clock, at night, the prisoner and others were drinking together opposite the bar—I was in the bar-parlour, three or four yards from him—I saw him reach over the counter, pull open the till, and take some money—I called for my husband, who came immediately, and took from him 13s. 71/2d.—I missed about that sum from the till—he said my husband was mistaken in his taking the money—I had seen him several times at the house.
JOHN DUNKER . My wife called me from the parlour, and said, "That tall man has been robbing the till"—I went up to him, took hold of his hands, and took out of his hand 13s. 71/2d.—he said the money was lying on the counter, and begged I would not give him into custody—he was quite sober.
Prisoner. I had been drinking for four or five hours previously, and was intoxicated.
GUILTY . Aged 24.— Confined Six Months.
Before Mr. Justice Coltman.
1219. THOMAS MERRITT was indicted for "feloniously knowingly, and without lawful excuse, on the 26th of March, at St. Anne, Westminster, having in his custody and possession, a certain plate, on which was engraved part of a promissory note, purporting to be part of a promissory note, for the payment of money of a certain company of" persons, carrying on the business of bankers, under the name and style of the Cornish Bank.—2 other COUNTS, varying the manner of laying the charge; MESSRS. BODKIN. and DOANE. conducted the Prosecution.
FREDERICK JOHN WHITEMAN . I live with ray father, in Princes-street, Soho, and am an engraver. On Wednesday morning, the 20th of March the prisoner came to our shop to have a plate engraved, exactly hike the pattern of a bank note, which he produced—this is it—(looking at it)—he said he wanted a fac-simile of that engraved—I said we could do it—he said he wanted an exact copy of that, with the stamp at the back—I told him it would require two plates to do that—I asked him how many he should want, and he said 3000—he wanted them that week, if it was possible to get them done—I told him we could not, and Monday was named—I asked him if he wanted a fac-simile of the signature—he said, "We will do that ourselves"—he left 10s. with me as a deposit—he asked what the printing would be—I said I did not exactly know, and asked him what he had been in the habit of paying—he said, "About 8s. a hundred"—he then went away, and in about an hour I gave the note to my father, and told him what had passed—the prisoner wanted to know if I could do one while he staid, to see if it was correct—but I told him is must be engraved.
Cross-examined by MR. PHILLIPS. Q. Did he tell you he was employed by another person to get it done? A. Not to me, nor in my presence—he did not mention the name of Gribble.
COURT. Q. Did he desire you to engrave a fac-simile of the stamp at the back of the note? A. Yes.
JOHN HENEY WHITEMAN . I am engraver. On the 20th of March I received this note from my son, with 10s.—on the following day the prisoner came, and I saw him in the presence of my son—he wished me to engrave a plate as near as possible to correspond with the note in question, and also wished the government stamp at the back of it done—Iundertook to do it for him, and asked him for a further deposit—he asked me how much—I told him at least I should require 5l.—he pulled a bag of sovereigns out of his pocket, and threw down four sovereigns and a half, which made 5l. deposit—he wanted the plates to be done by the Monday following—that was the understanding, and 3000 impressions—they are £5 notes—he said he thought the first note he had brought not sufficiently legible as to the stamp on the back, and left me another country note, not of the same bank, but on which the stamp at the back was more legible—I have parted with that note by mistake since—I went the same day to Praed and Co., the London agents of the Cornish bank, and made a communication to them, and also wrote a letter by post to the firm, to Tweedy and Co. of the Cornish bank—On Saturday, the 23rd, the prisoner came again, and asked how I got on with the plates—I
showed him one to show that it was in progress—I then required a further deposit from him, and he gave me 10l. in cash—the plates were then pretty well perfect—I asked him, on that occasion, if he was employed by the Cornish bank, and he said, "Yes"—I said, "I presume you are a son of one of the firm"—he said, "No, I am a clerk of the firm"—I then proceeded to finish the plate, and struck off about a dozen impressions—this is the plate, and these are the impressions I gave him—(looking at them)—I think I gave him ten—I delivered the plate to the prisoner my. self, and was present when my son delivered'him the impressions, on Tuesday, the 26th—about five minutes after, I saw him in custody of two officers—I had suggested to him, on the Saturday, to go to Praed's, the agents of the bankers, for another note—he objected to that, and said it was too far—I went with him to Lubbock's, opposite the Mansion-house, but did not succeed in getting a note there.
Cross-examined. Q. Had he ever mentioned to you a person named Gribble as having employed him? A. No, I am quite sure of that—he paid me 15l. in cash and three £5 notes altogether.
MR. BODKIN. Q. The three £5 notes were for the purpose of making the plate? A. Yes—he gave me the third note on Saturday, after we came out of Lubbock's.
MR. PHILLIPS. Q. Was that one of the Cornish bank? A. No, I only had one of the Cornish bank—the other was a note of the Union bank, and the other a Miners' Company note—I have kept them all, except the one which I changed away by mistake—at the time I was receiving this money from the prisoner I was in communication with the bank—I have kept the money.
MR. BODKIN. Q. Where is the third bank-note? A. I have it in my pocket—it was given me to engrave the government stamp by, which I partly executed.
COURT. Q. You got three notes from the prisoner; on what day did you receive the second? A. On the Thursday, the day after my son received the first—the second note was of the Union bank—I did not strike off the whole 3000 impressions, only about a dozen—I am not prepared to say what I should charge for making the plates and striking off the impressions—I lost a great deal of time with the prisoner—I should say the charge would be 15l. or 20l.—I should imagine the government stamp could only be wanted for a fraudulent purpose.
DANIEL FORRESTER . I am a police-officer attached to the Mansion-house. In consequence of information on the 26th of March, about twelve o'clock in the day, I went with Keys to Princes-street, Soho, where we could command a view of Mr. Whiteman's shop—about one o'clock I observed the prisoner come out—we followed him into Piccadilly—he turned into the White Bear gateway, and got as far as the tap, when we took him into custody—I took this plate from his hand, and said, "What have you got here?"—he said, "It is mine"—I asked him what it was for—he said it was for a bill—he had two parcels in his hand—(I had seen him open it in coming down Princes-street, and I looked over his shoulder and saw it was copper)—I asked him who gave him authority to get it made—he said, "Mr. Williams, of Truro"—I asked him what Mr. Williams was—he said, "A grocer"—I saw the prisoner write his address—I could not understand the name of the place the prisoner said he himself lived in, and got him to write his own address and Mr. Williams's too—I have the paper on
which he wrote them—(read)—"Thomas Merritt, Hull Luggin Pool, Cornwall—Mr. Williams, Truro, Leman-street, grocer."
FRANCIS KEYS . I am an officer. I was with Forrester when the prisoner was taken—I took the parcel from his hand, and produce it—it contains nine of the notes—the other I gave up—I went to Cornwall to the address given by the prisoner, but could not find any Mr. Williams, a grocer, there at all—I then went to the address he had written down as his own residence—I searched there, and found these papers which I now produce, and some loose type—some part of which will make the word" Cornish Bank," in the same kind of letters as is on the note—there is type enough for the whole word "Cornish Bank"—I have teen them tried—they are German text letters.
Cross-examined. Q. You found he had given a right address down in Cornwall? A. I found it near there by making inquiry—I did not search for any body else there—I made inquiry for a man named Gribble, and found he lived next door to the prisoner, but had gone away.
MR. BODKIN. Q. What made you inquire for Gribble? A. One of the partners suspected he was concerned, but I did not think so, and should not have taken him if I could have found him.
WILLIAM MANSEL TWEEDY . I am a banker in Cornwall, in partnership with William Tweedy and others. The style of our bank is Cornish Bank, Truro—this is a genuine note of our house—(the one first presented to Mr. Whiteman)—the stamp on the bank is affixed by the Government—we pay for each stamp as it is affixed by the Government—it is a 15d. stamp—I have only known the prisoner since his apprehension—he had no authority to have a plate engraved to strike off impressions of our notes—I am not aware of any grocer named Williams at Truro—I have lived there about thirty-four years.
Cross-examined. Q. About what is the population of Truro? A. About ten thousand—there may be such a person as Williams, but not in Leman-street—my father directed Keys to search for Gribble—I did not know of him—I have heard of him only since this transaction—we have been on the look-out for him, but have been unable to find him, as I understand.
MR. BODKIN. Q. What was your reason for searching for him? A. In consequence of his being a bad character, and living next door to the prisoner, my partner suspected he might be concerned with the prisoner.
GUILTY. Aged 22.—Recommended to mercy by the Jury, believing him to have been the dupe of others — Transported for Fourteen Years.
1220. EDWARD NEWBY was indicted for stealing, on the 4th of April, 11 sovereigns, 1 guinea, 1 bag, value 2d. 1 brooch, value 2s; and I pencil-case, value 2s; the goods and monies of William Aldis, in the dwelling-house of Daniel Harris.
WILLIAM ALDIS . (The witness, who called himself a Christian Israelite, and an English Israelite, objected to be sworn, and wished to affirm, but being neither a Separatist, Moravian, or a Quaker, the Court ruled it necessary he should be sworn, which he accordingly complied with). I lived at the house of. a person named Harris, in Clark's-place. The prisoner lodged there—I quitted, on Tuesday, the 2nd of April, leaving my travelling-bag, containing my apparel and property, behind, in charge of Mrs. Harris, in the room where the prisoner lodged—I called on the Thursday, and found it in the next room—I examined it, and missed from it a white leather bag containing
eleven sovereigns and one guinea, of the reign of William the Third—there was an incision on one of the sovereigns of George the Third, which I had often observed—the bag had been in a secret pocket of my waistcoat—I saw it the evening I left the lodging, between nine and ten o'clock—there was also a gilt brooch in the bag—I did not miss any thing else at that time—the bag was fastened with one string which I drew to—I found that partly open—I got a warrant the same day, to search Mrs. Harris's house, and Brand and Farrell, the officers, went with me—we found the prisoner in bed—Brand took his trowsers from the bed-side, and found ten sovereigns and five shillings in a purse—the prisoner put on those trowsers afterwards—one of the sovereigns I can identify, as one of the eleven I lost—while searching the room, the prisoner repeatedly expressed a strong desire to go down to the cellar to stool—Farrell told him directly Brand was at liberty he should go down with him, and after Brand had done searching, he told Farrell he could take the prisoner down to the cellar—accordingly Farrell attended him with a light, and I also followed down after, down to the floor over the cellar—the prisoner stopped at the water-closet, and made use of it—it is merely a place used to wash in—he afterwards returned to the room where Brand was waiting—I then asked Farrell, in the prisoner's presence, would he attend me down to the cellar—he said, "Yes, that is the very place I want to go. to"—we went down, and on searching the cellar, found, behind an old hamper, my white leather bag, containing my brooch—it was the bag which had contained my money and the brooch.
Cross-examined by. MR. PHILLIPS. Q. What are you by business? A. A travelling bookseller—I have no shop—I have no licence—I carry books about the country to different parts, and sell to those friends who apply to me—I did not refuse to be sworn before the Grand Jury—it was put to me to know if I would take the oath—I said I affirmed, and was asked no more questions—I was not sworn—I did not refuse to take the oath, provided I had the affirmation given to me—the question was not put to me—I told the officer I affirmed—I did not refuse to take the oath before the Lord Mayor—I said I should take the oath, but if the privilege of affirmation was granted to me I should abide by that—I left my lodging on good terms with my landlady in every respect, and paid her all her demands on me the day we parted—she is a very respectable honest woman—she asked me to suit myself with another lodging—she did not say it was in consequence of my sending a lawyer's letter to the prisoner, who is her nephew—a lawyer's letter was sent by my direction—I had had my money a month or more—it was not the produce of the sale of my books—I paid her eighteen pence a week for a part of the bed I occupied—I came from the county of Suffolk, from whence the prisoner and his family came—I lived with my father—I have left him a little more than a month—I left on terms of friendship with my family at that time.
Q. Are you subject to any little fits of aberration, vagaries of the mind? A. I appeal to his Lordship, whether I am bound to answer?
COURT. If you can answer you must. Witness,. I defy any one to prove it—I am not—I have never been in confinement for aberration of mind—my friends said I was not well, and sent the doctor to me, because I had been preaching—my religious differences made them think so—they said I had over-studied myself—I was under the doctor in my own house
—I was not allowed my liberty for a day or so—I was not chained—I will swear that—I never said I was chained—I never told Mrs. Harris that I was—I swear that—nor either of her daughters—I never said in their pretence, "Woe be to him who chained me at home"—I swear I never used that expression, or said any thing about chaining—it would not have been true if I did say so.
WILLIAM BRAND . I went with the prosecutor, and found the prisoner in bed—I told him I had come to search for property belonging to Mr. Aldis—he said he knew nothing of it—I told him it was necessary he should get up, and asked him where his clothes were—his trowsers were at the head of the bed—I searched the pockets, and took oat a brown bag containing ten sovereigns—I asked how he accounted for the possession of those sovereigns—he said it was money he had taken for a cheque—I asked him when he received it—he said, "The week before list"—I asked if he had had it ever since—he said he had—Mr. Aldis had described the money to me before, and said, that there was a guinea of William the Third, and a sovereign or two that he should know—he did not tell, me how he should know them—he looked over the money, and pointed out one sovereign of George the Third, saying he could speak positively to that—Farrell. who was with us, went down stairs with the prisoner and Aldis.
Cross-examined. Q. Of course you told the Magistrate all you have day? A. Yes—what I said was taken down, and read over to me—I have been an officer thirty odd years—what we give to the Magistrate may somewhat differ from what we give to the clerk, because we give it over again—I signed what was read to me—my conversation with the prisoner was read out to me—it was the same in substance—(looking at his deposition)—this is my signature—(The witness's deposition being read, did not mention the conversation alluded to)—the second clerk took down my deposition, but it was short of my evidence.
WILLIAM FARRELL . I accompanied Aldis and Brand to search the house. The prisoner expressed a wish to go below to the water-closet, as I understood—I told him he should go when Brand came down stairs, and when he came down, I took a candle, and accompanied the prisoner down one pair of stairs—Aldis might have followed us, but I did not know that he did till this morning—the prisoner stopped at a washing-place—that was not where I expected he would go to, as he had complained of being unwell in his inside—there was no convenience for relief of that sort in the washing-place—I asked if he was not going below, he said, "No"—I went up stairs with him again, left him in Brand's custody, and went down to the cellar with Aldis, where I found behind a hamper this white leather bag containing a little box with a brooch which Aldis claimed.
WILLIAM ALDIS . re-examined. I can identify this sovereign by an incision in the rim, which I have often observed in counting my money—I know the brooch by the general appearance, and the stone—I have had it about a fortnight—I know the bag by its general appearance and site.
MR. PHILLIPS. called ANNA HARRIS. The prosecutor lodged in my house about a month—he paid his rent regularly—he told me one day he was going to Romford market to sell books—when he returned I asked him what success he had had—he said he had very good success, he had taken a few sixpences—I gave him notice to quit, because there was a little discord
between him and the prisoner about a lawyer's letter—the prisoner is my nephew.
MARY ANN NEWBY . I am the prisoner's cousin, and live with Mrs. Harris. I remember the prosecutor saying to me and my sister that he had been chained, and he said, Woe unto that roan that put chains on him—I cannot be mistaken in that—I have heard him say so more than once—he was in the habit of talking in that manner, and reading a good deal.
HANNAH HARRIS . I am the daughter of Mrs. Harris. I heard the prosecutor say he had had chains on him, and he said, "Woe unto that man that chained me"—I am sure he used that expression in my presence.
JOSEPH ELLIOTT . I am a coach-builder, and live in Westminster-road, I have known the prisoner about a year and a half—he is a smith by trade, and I have bought goods of him—on the 18th of March I gave him this cheque for 10l. 18s. (producing it) for goods he had sold me—I received it from my banker—I believe him to be a very worthy house man.
NOT GUILTY .
Second Jury, before Mr. Justice Coltman
1221. JOHN CONNOLLY . was indicted for feloniously assaulting Owen Lynch, on the 24th of March, putting him in fear, and taking from his person, and against his will, 2. shillings, 1 sixpence, and 6 halfpence, his monies.
OWEN LYNCH . On the 24th of March J went to the Burns' Arms,. In Burn-street, between twelve and one o'clock, and saw the prisoner there—I was sober—I had nothing to drink there—I taw it was crowded, and turned out to go home, having been there about a quarter of an hour—the prisoner and another followed me out—there were two more in my company, who went in with me, and came out with me—I had not got above a hundred yards from the Burns' Arms when the prisoner came up to me, shoved. me against the wall, and began to hustle me about—I got away from him, and walked as fast as I could into Belt-street—he then came before me, got his arm round me, shoved. his hand into my left-hand trowers, pocket, and tore pocket and all out—I had in that pocket 2s. 6d. in silver, and 6d. in copper—I had a scuffle with him till the constable came up—there was another man with him—I made a push to get myself from him, and had a scuffle with him till the man who was by went and called the constable—the prisoner shoved away. from me, but I kept hold of him till the policeman came up—the other man then ran away—my pocket and money were safe when I came out of the public-house—as soon as he was taken, I felt, and my pocket and all was gone—part of the pocket was torn away, and hung out—I did not look on the ground for my money.
Cross-examined by. MR. PAYNE. Q. What had you been about at this time? A. I had been to market—I had only had a pot of beer at the pay-table when I received my money between eight and nine o'clock, nothing else—I then came home, then went and paid some money, and then went to market—there were four of us by at the time I lost my money—it did not last above five minutes—it was about half-past one o'clock in the morning—I went into the Burns' Arms with Trussell in my way home—I am quite sure the prisoner shoved. me against the wall—Trussell stood by, but did not help me—I did not get my money again—the policeman came up and
took the prisoner directly—I had only seen him once before, and never spoke to him in my life.
JOHN TRUSSELL . I was at the Barns' Arms with the prosecutor—after we came out, the prisoner and another man followed us—about the middle of Bum-street he got Lynch up against the wall—he got away, and came into Belt-street—the prisoner then came up again, got his hands round Lynch, and put his hand into his pocket—I did not interfere, as I was afraid—the other man was still with the prisoner—I ran into the road, and called "Police"—a policeman came up as the prisoner was going away—he bad got away from Lynch about five yards—Lynch gave him in charge for picking his pocket—he was taken to the station-house—the other man followed us into Lisson-street, and there the prisoner put his hand into his pocket, pulled out some money, and was going to give it to the other man—I saw it—there was 5d. in copper—the policeman got hold of both their hands, and took the money away—I am sure the man who had hold of Lynch is the man who was taken.
Cross-examined. Q. Were you quite sober? A. Yes; I had had a pot of beer when we were paid, bat no spirits all day—I did not know the prisoner before.
PETER GLYNN . I am a policeman. I was called, and saw the prisoner a few yards from Lynch—the scuffle was over when I came up—there were two more besides the prosecutor and prisoner—the prisoner was standing still when I came up, not attempting to get away at all—the other men were standing still, a little distance from each other—Trussell had called for the police—Lynch gave the prisoner in charge for picking his pocket—the prisoner said, "I know nothing at all about his pocket"—in going along, the other three followed—I kept my eye on the prisoner—he put his hand into his trowsers' pocket and took something out, which he was passing to the other who was behind—I put my hand back, and laid hold of the two hands—both their hands were very close together, but I took the money out of the prisoner's hand, and I said, "You will pass nothing here in my presence"—he said, "It is only a few pence which I owed him, and I was going to pay him"—I searched him at the station-house, and found three-halfpence in his waistcoat pocket—on the Monday morning, as I was conveying him from the station-house to the office, he said he was very hungry—I said, "Do not any of your friends come to see you with any thing to eat?"—he said, "I wish they did, they do not; if they did, I would send them to make it up with Lynch not to come against me."
Cross-examined. Q. There did not appear any injury done to the prosecutor? A. No—his pocket was torn—I took the fivepence out of the prisoner's hand—the other man went away—I did not attempt to stop him—the prisoner began the conversation with me on Monday morning—I did not ask him any questions—I am certain of his words—the other man had on a cap, and a dark waistcoat with fustian sleeves.
MR. PAYNE. called
BRIDGET FOX . I live in John-street, Edgeware-road. My husband works for Mr. Rowan—I am not acquainted with the prisoner at all, but my husband is—I went to the public-house in Burn-street last Saturday fortnight with another woman to look for our husbands—there was a great noise there, and as we went in, the people were all turned out—there was a great scuffle in the street—I knew nobody there but the prisoner, who stood by, and asked what was the matter—one of the men hallooed out
"Police," and the police came up—the prisoner went away as if he did not know he was wanted—he came back and said "Me?"—the man said "Yes, you," and the policeman took him.
COURT. Q. There were a number of people turned out altogether? A. Yes, twelve or fourteen; most of them seemed tipsy—there was a great disturbance—the people were all going away when "Police" was called, but the prisoner stepped back again, and said, "Do you mean me! it must be a mistake"—the police had not come up at that time—one of the people said he had robbed a man—I asked what man? and they shewed me a poor-looking old man very drunk, and scarcely able to walk—it was the prosecutor—the prisoner could have got away if disposed, but he did not seem to know they meant him at all.
ANN RYAN . I live in the same house as the last witness. I went with her to look for my husband in Burn-street—I met the prisoner coming out of the public-house with a great many people, and asked him if he had seen my husband—I saw the prosecutor following him, saying he had robbed him of some money—the prisoner said, "I think you are mistaken, it aynt. me has robbed you"—the prosecutor seemed to be very drunk—I know the prisoner by sight—he used to call on my husband to go to work—this happened not ten minutes' walk from the public-house.
NOT GUILTY .
JOHN HOPKINS . On Saturday evening, the 23rd of March, between seven and eight o'clock, I left three bundles of brocoli in a basket at the corner of Red Lion-street, Holborn—a young man selling baked potatoes said he would give an eye to them—I went up Holborn, trying to sell some more which I had, and when I returned, in little better than half an hour, the others were gone—in consequence of information, I waited there till put nine o'clock, and then saw the prisoner crossing Holborn—I collared him, and asked him what he had done with my basket of brocoli—he said he knew nothing about it, he had not seen it—I gave him in charge—I have never seen my things since.
WILLIAM CHAMBERS . I live in Gray's Inn-lane. I was standing at the corner of Red Lion-street, Holborn, selling baked potatoes, and saw the prosecutor's basket of brocoli there—the prisoner came and said the man it belonged to had sent him from a public-house to take it to him—I have known him some years—I told him he had better not take it, but he did—about a quarter of an hour after, the prosecutor came and inquired for it—I told him who had taken it—he afterwards took the prisoner into custody, and asked me if he was the man that had taken the basket—I said he was.
GUILTY . Aged 26.— Confined Two Months.
First Jury, before Mr. Recorder
Messrs CLARKSON. and. BODKIN. conducted the Prosecution.
1824, when the prisoner was married to Alexander Stephen—I was subscribing witness to the register—(looking at it)—this is my hand-writing—I should think the prisoner was about seventeen years old then—they were married by banns—she lived with Mr. Stephen for six or seven years after, as his wife, at No. 60, Great Russell-street, Bloomsbury—he is an ironmonger.
Q. Look at this other register, at the same church, in 1837, to the entry of marriage between Henry Hughes and Ann Stephen? A. Yes, I see it—I am acquainted with the prisoner's hand-writing.
Cross-examined by. MR. PHILLIPS. Q. Have you seen her write? A. Yes, once, when she signed her name to the first marriage—I have not been comparing the two—I have seen them before—I believe I saw the two at Marylebone Church, about six weeks or two months ago—the two books were produced to me by Mr. Paul the clerk—I looked at the two writings of the woman's name—I compared them, and thought they were written by the same person—I judged by comparing them—I was certain of the first by seeing her write it, and on comparing it with the other, I was satisfied that was hers also.
COURT. Q. Should you have recollected the character of her hand-writing thirteen years back, if that had not been produced to you? A. No.
GEORGE WILLIAM PAUL . I am clerk of the parish of St. Marylebone. I produce the register of marriage on the 17th of August, 1837, between Henry Hughes and Ann Stephen, of No. 6, Wyndham-place—I saw Hughes at the police-office—he is the man that was married.
Cross-examined. Q. You are one of the subscribing witnesses, I believe, to that marriage? A. Yes, to both marriages—I do not know the prisoner—I do not know whether Hughes was under "charge at the police-office—I was not there on the first occasion—he was not at the bar with the prisoner—he appeared to be there as a witness—he was standing by me—I have not seen him here to-day.
EDWARD SEWARD . I am an ironmonger, and was formerly in Mr. Stephen's employ, in Great Russell-street, at the time the prisoner was living with him as his wife—they lived together about eleven months, during the time I was there—I had opportunities of seeing the prisoner write while there—I believe this signature, "Ann Stephen," to the second register, to be her writing, and also the signature to this letter—(looking at one.).
Cross-examined. Q. How long did you live in the house?. A. From Jane 1833, to February 1885—they separated before I left—I am very well acquainted with her hand-writing—I think this signature of Ann Davis, to the first register, is the same writing—it is rather like it—I could not decide on that being the hand-writing of the prisoner—I cannot swear to it at all—I should believe it to be hers, from comparison—from the knowledge I have of her writing—there is no particular resemblance between the Ann Davis to the first register, and Ann Stephen to the second—here is Ann Stephen twice in this entry, written by different hands—I believe the under one to be the prisoner's hand-writing.
Q. Look at that Ann Stephen, and at that Ann Davis, and tell me in your judgment, whether they are alike?. A. They are not so much alike that I would swear they were written by the same person—I will swear to this one, but not to the Ann Davis—I will not swear that was written by
the prisoner—from this and other writing I have seen of hers, I would not swear the Ann Davis was written by her.
COURT. Q. What is your belief? A. I believe it to be the same—there is a similarity about it—I believe the two to be written by the same person, but I will not swear to it—they are not very much alike.
MR. BODKIN. Q. Look at the signature Ann Stephen, having seen the prisoner write repeatedly, have you any hesitation in saying that is her hand-writing? A. None, whatever—lam not so positive of the other.
Cross-examined. Q. You know Mr. Hughes very well? A. Yes—I was only present at one marriage of his—I think the prisoner is the same person I saw at the police-office—I cannot swear that she is the person who was married to Hughes—I cannot swear to her—the person I see there I cannot swear to—if I cannot swear to her, what can I do?—I know I have been tampered with, by a person named Davis, a witness for the prosecution—I was turned out of the room because I could not swear to her—I gave evidence at Bow-street
Q. Do not you believe the prisoner is not the person that was married to Hughes? A. On the look of her, I should say she was not, but I have heard so much about it since—I am a very bad physiognomist—I am a dancing master—to the best of my belief the name of the female who was married to Hughes was not Stephen—I think it was Burmester, or something.
MR. CLARKSON. Q. You. say you were never present at any marriage but one of Hughes? A. Yes—this is the register I put my name to, and this is my signature—the names here are Henry Hughes, bachelor, and Ann Stephen—I was first sent for to attend before the Magistrate when I returned from Bristol—I cannot give the date—it was the day the prisoner was committed—I left London on the 25th of December, Christmas-day, to go to Bath and Bristol, and was absent till after January—my business there was dancing, nothing else—I cannot tell how many times I was summoned before the magistrate, as I was out of town, and did not receive the summons—I was not apprehended—I knew when I did attend that there was a warrant out against me—I think my son, or my servant, told me of it when I came home, if I had known of this I could have brought bills and newspapers to show I was dancing at the theatres, at Bath and Bristol. Q. Now look at that woman, do you know her? A. I do not think that is the woman that was married, but I think it is the woman that was at Bow-street—I cannot answer more.
Q,. Do you know no more of her then, than having seen her at Bow-street? Witness Are you speaking of Mrs. Hughes, or of that woman? MR. CLARKSON. Q. Of that woman? A. Then that woman I can say no more about—I have not seen that woman twenty times at Great Titchfield-street to the best of my knowledge, not even with Mrs. Hughes, I have never seen her there to the best of my knowledge—I will not swear it—I have not been out with her in a coach at three o'clock in the morning—I have been out with Mrs. Hughes, but not with that woman—I was out with Mrs. Hughes, and another gentleman in a coach, but not with that woman, without that is Mrs. Hughes, and if it is I do not know her—I have been given to understand it is, but I do not know her—the Mrs. Hughes I went out
with in a coach, at one time lived in Titchfield-street, but at what number I cannot tell—I believe the man's name to be Davis—I cannot say Hughes lived there—I never saw him with Mrs. Hughes in Titchfield-street—I have seen them together, but not there.
Q. Look at John Davis, is that the man in whose house Mr. Hughes lived? A. That I know nothing about—I believe he is—I have no doubt about it, for he spoke to me to-day—that is the very person who his been tampering with me—I do not recollect Mrs. Davis—I will swear I do not recollect having seen her before—I do not know the servant—I never saw her before to my knowledge—Mr. Davis wanted to persuade me that the prisoner at the bar, that I saw at Bow-street, was the Mrs. Hughes that was married to Mr. Hughes—he said, "You had better say so, Mr. Stephen is a very good sort of fellow, you will not lose your time, it will be made all right to you"—I said, "I have lost a great deal of time"—he said, "You know Mrs. Hughes, don't you?"—I said, "I think I should"—he said, "Well, that is the prisoner at the bar"—I said I did not think it was—he said, "Oh, yes, it is"—I said, "It certainly is not, I think"—he said, "Be cautious what you are about"—I said, "I will not take a false oath, and I cannot swear it"—he said, "You had better, for Mr. Stephen is a very honourable man, he will make good any thing, you may depend upon it it will be all right"—I said, "Say no more to me, if there is any tampering, I will certainly inform the Court, I have come to speak the truth, and nothing but the truth"—this was yesterday, going from this Court, at an inn, at a dinner the witnesses had—I was supposed to have been there—I went into the room, and was ordered out—I was not told they would not associate with me—I do not know that I have been in company with Mrs. Davis and the prisoner—(The register of the second marriage was here read,).
COURT. to. EDWARD SEWARD. Q. When was it the prisoner left Mr. Stephen? A. About October, 1834—she was there eleven months while I was. there—I had seen her write very lately before she left—she did not manage the shop—I saw her write in the sitting-room, extracts from books she might be reading—I was treated as part of the family, and sat at the same table—I frequently saw her write—I have no doubt of this Ann Stephen being her writing—I have not seen her write since October, 1834.
JAMES GEORGE GBRRANDS . I am a surgeon. In August, 1837, I lived at No. 6, Wyndham-place—a man named Hughes lived there, and the prisoner also for about three months—she went by the name of Stirling—they lived in different apartments—I saw that same Hughes at the police-office.
Cross-examined. Q. Was he there as a witness, or under charge?. A. I really cannot say—he was not standing in the dock—he appeared standing there as a casual spectator—I was there when the prisoner was committed—he was not committed with her to my knowledge—I did not take particular notice.
COURT. Q. Were you permanently residing there? A. Yes—it is a respectable house—the last time I saw Hughes was at the last examination at Bow-street.
JOHN DAVIS . I am a dairy-man, and live in Great Titchfield-street The prisoner came to lodge with me about the beginning of November with Hughes, the man who was at the police-office—he is the man Mr. Paul identified as the Mr. Hughes that was married—they lodged there about five weeks—they quarrelled several times while they were there—on one occasion after they left my house they came in together quarrelling—she said,
"Look here, he is abusing me because he has given me a paltry 8s., and wants to know what I have done with it"—he replied, "If you don't mind, madam, I will sent you across the herring-pond"—she made no answer—she did not stop above two or three minutes after—when she engaged my lodging she gave the name of Stirling—Hughes was not with her then—he came in the evening—she told me they were both engaged at the Olympic—she said she was married, after she left the house; and previous to her leaving the house she said so—the evening she was apprehended she told me she was married to Hughes—Hughes stood on one side of the fire-place, and she on the other—she said, "I am married to that man, there he is"—she was in my debt, and I went up to the house to tell her if she would fetch the articles she had left at my house she should have them—she said, "No, you have been to Mr. Stephen"—I said, "No I have not, he came to me"—she said, "Yes, and you told him what Hughes said about sending me across the herring-pond".—I said, "Very likely I may have told him"—she said, "I am sueing him in the Ecclesiastical Court for a maintains (Hughes was in the room at the time)—I said, "How. can you do that when you are married to Hughes?"—she said, "I am married to him, and he knows it"—Hughes made no answer.
Cross-examined. Q. Do you know Mr. Stephen? A. Yes—my first acquaintance with him was not about this business—I knew him a very short time after the prisoner came to my house—I have known him I suppose nearly three months.
Q. How did you happen to know him first? A. I will tell you—when the prisoner was at my house she went into a shop in Oxford-street, and ordered a cloak and shawl of the value of 10l. to be sent home, and gave the man a written order on Mr. Stephen to go for the money—the man went, but was not paid, and came to my house to get the things back again—I went to Mr. Stephen the same evening with the linendraper's man, and that was our first acquaintance—he has never been to my house—I have been to him I dare say half a dozen times—I will swear I have not been a dozen—I do not know particularly what took me there—I have had refreshment there—not dined—I merely took a glass of wine with him—I have not done that half a dozen times—I have not been dining at any coffee-house over the way—I took a bit of steak last night with a gentleman or two who werenearly strangers to me—one was Mr. Gerrands—I cannot tell the others—there was a female, but I do not know who she was—I only know her name by hearing it at the police-office—it was Sidden or Sutton—my wife was not there, nor my servant—I saw Mr. Theleur there—he did not dine there—he met me in the street, and said, "Is that the woman that lodged with you at your house, Mr. Davis?"—I said, "Yes, don't you know her?"—he said, "No"—I did not say Mr. Stephen was an honourable man—I did not mention Mr. Stephen's name to him—I said no more than I have stated—that is all the conversation that took place, not another word—he did not tell me he would complain to the Court if there was any tampering with him, nothing of the kind—there was a man present not connected with the case—I have seen him about the Court—I cannot tell precisely who he was—I think I should know him.
Q. Was it you who first addressed Theleur, or he you? A. I said, "How do you do, sir?"—he said, "On my word, I don't know you"—I said, "Mr. Davis"—he said, "Oh, I beg your pardon, I really at first did not know you; how do you do?"—I did not see him above two or three
minutes—he said, "Was the woman I saw at Bow-street the woman I saw at your house?"—I laughed at him, and said, "You can't have forgotten her in this short time"—he said, "Oh yes, indeed, I have; and, sir," said he, "I will not be tampered with by any body"—he said he could not recollect she was the woman—he did not say he would complain to the Court, nothing of the sort—something was said at Bow-street about committing Hughes, but Mr. Twyford over-ruled it, I believe.
MARY DAVIS . I am the wife of last witness. The prisoner took our lodging in the name of Stirling—Hughes came late in the evening—they lived there five or six weeks—I know Mr. Theleur quite well—I have seen him at our house several times—in consequence of some communication one day, I went up stairs, and found the prisoner, Mr. Theleur, and another gentleman there—Mr. Theleur had sent for my husband up stairs, but he was lot in the way, and I went up—Mr. Theleur said, "I wish to see Mr. Davis, to state to him that Mr. Hughes is the lawful husband of Mrs. Hughes, and Mr. Davis must look to Mr. Hughes for his rent"—I, of course, was much surprised.
COURT. Q. Why, they had been living in your house as man and wife, had they not? A. They had been in the house together, certainly, as man and wife, but I was surprised at the time.
MR. BODKIN. Q. Did she say any thing? A. She said, "Tell Mrs. Davis, Mr. Theleur, did you not give me away?"—he said, "I did," that he spent the day with them, and they were married at Marylebone church—they both said so—Mr. Theleur remained there till after their dinner was over, if he did not dine with them—he returned again about ten o'clock that night, and all three left together, about twelve o'clock, in a coach—Hughes had left a day or two previously, which he did, occasionally—they did not leave for good then—their conduct that night was so very outrageous, I said to her, it was an unseasonable time to be leaving the house, and I should fasten the door—she said, "No, you shall not; I shall come in when I like, and go out when I like, and have as many visitors as I like"—she returned at three o'clock in the morning, in company with Mr. Theleur and the other gentleman—this was in the early part of December—I do not think they stopped a fortnight after that—we gave her notice the next day to quit, in consequence of her conduct—Hannah Jordan is my servant.
Cross-examined. Q. Were you at the police-office? A. I was not—I knew my husband was going there to give evidence—I knew then what I have stated to-day—I knew it previous to the prisoner leaving my house—I did not tell Mr. Hughes about it—I told my husband long before he went to Bow-street—the prisoner took the lodging in the name of Stirling—Hughes came the same night with her—he went by the name of Hughes, and she by the name of Stirling—mine is a respectable house—it struck me as odd that they should have different names—I did not ask for any explanation on the subject, as I did not know what Mrs. Stirling had told my husband after she came to the house—she had not exactly taken the lodging of me, she had seen my husband when I was away—I knew she took it in the name of Stirling—we did not know Hughes's name for a day or two after he came to the house—it was named to the prisoner—when she took the apartment she said she was separated from her husband, and, as such, she could not marry again, I did not know Hughes was coming when she took the lodging—they lived together as man and wife five weeks in my house,
and were a great nuisance all the time—she told me Hughes was her husband, but I did not believe it till Theleur said he gave her away—she told me so after she said she was separated from her husband and could not marry again—I asked her to explain that, and she said, "I am married to both"—she said so repeatedly while she was in our house—she told me so about three weeks before Theleur told me he had given her away—we did not believe her—she continued to go by the name of Stirling—she occasionally went by both names—both Mrs. Hughes and Mr. Theleur told me they were married at Marylebone church—I never heard Hughes say so.
CATHERINE DAVIS . I am the widow of the prisoner's father. I am not related to the witnesses—a day or two before the prisoner's apprehensions she called on me—I had before that been to Doctors' Commons—I told her I understood she was married to Hughes—she at first denied it, but after-Stewards admitted it, and said, "Well, but if I am married to him, what can phen do? he can only imprison me for a short time, then I shall come out as much his wife as ever, and then the suit can go on in the Ecclesiastical Court the same as ever."
Cross-examined. Q. Did you go before the Magistrate? A. No—I informed Mr. Humphreys, the solicitor, about this a few days ago—he sent for me—I do not think I had mentioned it to any body before, but I will not say I had not.
COURT. Q. How came Mr. Humphreys to know you could give him any information about this? A. Mrs. Stephen wrote to me, and begged me to go to her husband, which I did, and that was how it came to be mentioned.
MR. PHILLIPS. Q. What age was she when she was married to Mr. Stephen? A. Between sixteen and seventeen—her father's name was Thomas Davis—I did not visit her after her marriage to Mr. Stephen—I was acquainted with them through the father and mother, but was not in the habit of visiting at the house—I knew her mother before she was born—I visited the prisoner while she was in Clerkenwell—I did not do so by desire of Mr. Stephen—he never knew that I went—I went from a good feeling of my own, in consequence of her writing to me.
Q. Did you make a representation to her, that if she could get two respectable persons to sign a bond that she would not'pursue Mr. Stephen in the Ecclesiastical Court, he would not follow up this prosecution? A. No, nothing of the kind—she said she would do any thing he would require of her to let her out—I said, "You know he would not take your word for a straw"—she said she would do any thing—I said, "If you got any body to go to him to offer to be bondsman for you not to trouble him, perhaps he might do so."
COURT. Q. Did Mr. Stephen authorise you to say that? A. He did not know that I went.
FRANCIS KEYS . I am an officer of Bow-street. I apprehended the prisoner on this charge—she was pointed out to me—I asked her if her name was Stephen—she said, "No"—I said, "I have a warrant to apprehend you for bigamy"—I followed her into the parlour—the landlord came, and wanted to know what was the matter—the prisoner said, "Oh, it is only for having two husbands"—I told her she must go along with me, and took her away—she said she thought there was something up, for
Hughes had not left the house above ten minutes—Hughes did not employ me to apprehend her—I did not know who Hughes was.
Cross-examined. Q. Was Hughes at Bow-street? A. He was the first morning—I served him with a summons, and he did not attend to it—he attended afterwards—he came as a witness, I thought, for the prosecution—he was examined, for I believe, I swore him myself—there was some statement of his taken down by the clerk—he was examined as a witness by the solicitor.
MR. BODKIN. Q. Did the solicitor afterwards apply to the Magistrate to charge him as an accessary? A. He did.
GEORGE DAVIS . I am one of the gaolers of the office at Bow-street. After the prisoner was examined the first time, she was put in the lock-up place adjoining the office—she asked me if I would let Harry in, (meaning Hughes)—I told her she must make application to the Magistrate—she said, "I wish you would let Harry in, for he is the only man I ever loved"—the prisoner was present when Hughes was examined; and after taking her back to the lock-up place, she said he had better have admitted it, and the hoped he would not make such a fool of himself next time—that was in allusion to his examination.
(A long letter from the prisoner to Mr. Stephen was here read, entreating his forgiveness, and promising never to trouble him if he would cause her to be liberated. There was nothing in it admitting a second marriage.)
COURT to E. A. THELEUR. Q. You have heard what has been stated, the opportunities you had of seeing the person at the house of Davis, and the conversations and declarations which have been imputed to you; we have called you back to give you an opportunity, if so disposed, of giving any farther explanation of your evidence. A. I went in search of Mr. Hughes, to know more about him—I wished to decline his acquaintance—I went to make some inquiries about him—I have not been contradicted, that I know of, in any part—I told Mrs. Davis that Mrs. Hughes was married, and that I was a subscribing witness to them—I said I gave the prisoner, at least the prisoner I do not know, I gave a woman away to Mr. Hughes—I have known him for some years—I am not now intimate with him—the prisoner, at least Mrs. Hughes, I have seen about three times, say four times—I have a very slight knowledge of Mrs.'Hughes—Mr. Hughes asked me to the wedding, and I gave her away—this woman I do not think is the woman—I thought she was when I was at Davis's, and said she was—I have altered my opinion because she does not appear to me to be the same—I told Mrs. Davis that her husband was liable for the rent—the person I saw at Mrs. Davis's, I said, was Mrs. Hughes, and I gave her away to Mr. Hughes—if this is the person I saw at Mrs. Davis's, I do not know her—will you have the goodness to put your question again?
Q. Is this or not, upon your solemn oath, the person that was at Mrs. Davis's, of whom you said that you gave her away at Marylebone church? A. (Looking at the prisoner) Well, I do not thinks on my solemn oath, that this is the person that I saw at Mrs. Davis's, but from what I have understood it must be the person—that is all I can say about it—it is very likely I might have been more than three hours with her on one occasion—(looking at Mrs. Davis)—I do not know whether that is the Mrs. Davis—I know Mr. Davis—he made himself known to me.
NOT GUILTY .
NEW COURT.—Thursday, April 11th, 1839.
Fifth Jury, before Mr. Common Sergeant.
1224. HARRIET SPENCER was indicted for stealing, on the 12th of June, 1 umbrella, value 1s.; 3 pairs of boots, value 6s. 6d.; 1 perticoat, value 1s; 2 neckerchiefs, value 1s.; 3 gowns, value 6s. 6d., and 1 frock, value 1s.; the goods of Thomas Norton Brown: and SUSAN ORCHARD , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; to which they pleaded
1225. HARRIET SPENCER and SUSAN ORCHARD were again indicted for stealing, on the 30th of July, 1 coat, value 1s.; 1 handkerchief, value 6d.; 2 pairs of shoes, value 2s. 6d.; 1 shawl, value 6d.; 1 gown, value 3s.; 1 apron, value 6d.; 1 piece of patchwork, value 2s.; 1 shift, value 1s; 1 bed-gown, value 6d.; 2 pairs of boots, value 4s. 6d.; and 1 waistcoat, value 1s. 6d.; the goods of Thomas Norton Brown: to which they pleaded
GUILTY .— Transported for Seven Years.
1226. HARRIET SPENCER was again indicted for stealing, on the 15th of November, 1 shirt, value 2s. 6d.; 2 coats, value 18s.; 1 jacket, value 3s. 6d.; 1 pair of trowsers, value 10s.; 6 pairs of shoes, value 1s.; 3 waistcoats, value 9s; 1 shawl, value 3s. 6d.; and 1 pair of boots, value 3s.; also, on the 2nd of March, 1 coat, value 10s., and 1 pair of shoes, value 6d.; also, on the 5th of March, 1 coat, value 1l.; the goods of Thomas Norton Brown; to which she pleaded
GUILTY . Aged 53.— Transported for Seven Year.
The prisoner was my porter—it was his business to receive money daily for me—he was to pay it me the same day as he received it—he has never paid me 1s. 1d., as received on the 5th of March, 1s. 6d., as received on the 6th of March, nor 2s. 7d., as received on the 9th of March.
SUSANNAH YOUNG . I am servant to Mrs. Addis, of Little Titchbourn-street, we dealt with Mr. Wilson. On the 5th of March I paid the prisoner 1s. 1d., on the 6th, 1s. 6d., and on the 9th, 2s. 7d., for his master.
Prisoner. Q. Did you see me on the 6th of March? A. Yes—you are aware that T took two lots of butter of you on the 5th, I paid only for one, and told you to call again the next day, which you did—I then paid you 1s. 6d. for the other lot, and you said you would not have called had you known that I did not want any thing.
GUILTY. Aged 30.—Recommended to mercy. — Confined One Year.
(There were two other indictments against the prisoner.)
ELIZABETH FOSTER . I live in Wellington-street, Pentonville, and am single. On the evening of the 11th of March, I was at the station-house door at St. Giles—the prisoner was by my side—I did not know him before—I had a pair of boots under my arm, he snatched them from me, and ran down a court—I went after him, but he got out of my sight—I am sure he is the person—these are my boots—(looking at them.)
GEORGE JOHN RESTIEAUX . I am a policeman. I saw the prosecutrix near the station-house, and saw the prisoner there—the prosecutrix afterwards gave me information, and described the prisoner—I went and found him in bed, in a lodging-house, and these boots were in the bed, wrapped up in the prisoner's apron—I had seen him wear the apron before—he claimed it, and I gave it him.
GUILTY . Aged 24— Transported for Ten Years.
JAKES HOLT . I lire at Hanwell. I had forty-eight fowls last summer, and have had fourteen or fifteen stolen—my fowls were all right, at ten o'clock, on the 13th of March, and the next morning I missed two—the one now produced is one of them.
Cross-examined by MR. BALLANTINE. Q. Was it alive? A. Yes, when it was in my yard—it is dead now—I know it by the light brown feathers in the breast, and by the white feathers in the wing, also by its having five claws on the left foot, and four on the other—I observed that the moment it was hatched—the officer did not mention it to me—I saw all my fowls safe on the Wednesday morning—I had not noticed this one particularly, but I know I had my number, and this one was there—I should have known very well if a strange one had been there—I had ten hens, and one cock loose, and three fowls were shut up to fatten—I am sure this fowl had not got away before.
COURT. Q. Where were they? A. In the yard—they might go into the field, but I never saw them in the street, without they were driven there.
WILLIAM CHILTON . I am a butcher, and live at Hanwell. About twelve o'clock, on the 13th of March, I was in my pig-sty, and saw the prisoner come up the lane, with something under his round frock—he came and tried my gate—he did not see me—I was just going to tell him the gate was locked, and to go round, but before I could speak, this bag was thrown over the gate into my yard, and he walked back—I got out of the pig-sty, and went to the bag—I put my hand in it and felt the feathers—I opened the bag and found this fowl—I put it in the bag again, and took it in doors—in about five minutes the prisoner came and looked over the gate after the bag—he then looked over the pig-sty, then came and knocked at my door, and asked me if I had picked any thing up, I said, I had—he said, "Give it to me"—I said, "I shall not, many
people have lost fowls, and I shall keep it"—he said, "Did you see who threw it over the gate?"—I said, "I can give a pretty good guess'—he then went away—the fowl was dead, but warm—I went to the prosecutor, and found it was his.
Cross-examined. Q. Had you known the prisoner before? A. Yes, for about two years—my premises are about one hundred yards from the prosecutor's, on the opposite side of the road—I know where he keeps his fowls—it is not necessary to get over any wall to get at them.
ANN SMITH . I am single. On the 7th of April, a little before nine o'clock in the evening, I was in Fenchurch-street, with Joseph Farrance, we got to the corner of Philpot-Iane, when the prisoner stepped forward, and snatched my reticule from my arm—it had a prayer-book and a hand-kerchief in it—these are mine—(looking at them.)
JOSEPH FARRANCE . I am a watchmaker, and live in Bishopsgate-street. I was with Ann Smith, and saw the prisoner snatch the reticule from her—he ran down Philpot-lane—I pursued, and cried, "Stop thief"—he was taken by the policeman in a few minutes.
Prisoner's Defence. I was returning from over the water—I heard a cry of "Stop thief"—I ran down the lane, and two men laid hold of me.
GUILTY . Aged 21.— Confined Six Months.
GUILTY. Aged 38.—Recommended to mercy. — Confined Four Days.
ELIZABETH LOW . I am the wife of James Low, and lodge in George-street, Whitechapel. The prisoners lodged in the next room—on the 28th of March I went out—I went through the prisoners' room when I went out, and said to Coleman, "Give an eye to my room, I shall be back before you go out"—I came back in about five minutes, and missed the gown from my box—I said to the prisoners, "I have lost my merino gown out of my box, and I will have an officer and search your room before you leave it"—Simmonds said, "I have not been in your room"—Coleman made no answer—I believe they were in distress—this is my gown.
GEORGE PAYNE (police-constable H 46.) I was called in, and found this gown concealed between the bed and the wall, in the prisoners' room—they both said they knew nothing about it—after we came out of the watch-house, Simmonds told another girl that she told Coleman not to take it, it would not do—Coleman heard that, and made no answer.
(Coleman received a good character.)
COLEMAN — GUILTY Aged 18.—Recommended to mercy. Confined Four Days.
SIMMONDS— GUILTY . * Aged 19.— Confined Three Months.
HENRY PORTLOCK . I live in King'sroad, Chelsea, I had a leg of pork in my shop on the 30th of March—I received information, and missed it—I went out, and overtook the two prisoners—I found the leg of pork on Robottom—the other prisoner was with him.
JOHN THOMAS HOBBS . I live in King's-road. I was standing at my father's door on the 30th of March, and saw two boys standing about—they then went to the prosecutor's shop, one took the leg of pork, and path into the other's apron—I gave information as soon as they got to the nursery ground—I could not swear to the prisoners, but I saw no other boys about.
ROBOTTOM*— GUILTY . Aged 14. GARDINER— GUILTY . Aged 15.
Transported for Seven Years to the Isle of Weight.
1235. EDMUND BURNETT was indicted for stealing, on the 4th of March, 30 yards of printed cloth, called mousseline de laine, value 1l. 11s.; and 21/2 yards of printed cotton, value 1s., the goods of John Neve Smith, his master.
JOHN NEVE SMITH . I am a linen-draper, and live in High Holborn. The prisoner was my shopman—on the 4th of March he took out six mousseline de laine dresses to show to a customer for inspection—I did not give them to him, but they were entered by the clerk in the book, by the prisoner's dictation—on the Thursday morning he solicited permission to stop away, as his wife had fallen down, and her life was in danger—I agreed to it, and when I discovered that he had taken these dresses out, I went to him, and asked about them—he said he had sold them all—I said he had better come and enter them—he said he would—he came, and stated that three of them he had sold bona fide—one he entered to a person of the name of Salter, the other two he entered to himself—the cotton he did not account for at all, nor did I know he had taken it till I saw it at the pawn-broker's—these are the three dresses, two of which he entered in his own name, and one in the name of John Salter, a wine-merchant, in Batty-street, Commercial-road.
Cross-examined by MR. BALLANTINE.Q. Have you a partner? A. No—my father acts as clerk, he is over my counting-house, but has nothing to do with selling goods—it would be the prisoner's duty to receive goods from either of my shopmen, or to obey any directions they gave
him—he had only been with me a fortnight—I had allowed him credit for 4l. 1s., for some goods for his wife, but that had nothing to do with these—he had not paid me any of that—it was not true that his wife had had any accident, but she were in a destitute state.
Cross-examined. Q. What are you? A. A wine-cooper's servant—there was no mousseline de laine dresses left at my premises.
CHARLES PALMER (police-sergeant H 10.) I went with the prosecutor to the prisoner's house in Suffolk-street—I asked the prisoner about the dresses, and the piece of cloth—he said they were all right, and he could account for them by producing his book, which he could not get at that time—I took him into custody, and on the way to the office, he said, he felt quite indifferent respecting the charge, as he could produce his book, where every thing would be found correct—I was desired by the Magistrate to search his house—the prisoner said he should not give much trouble, I should find the property at Messrs. Latter's, in the Commercial-road, and I was to apply to his wife for the ticket.
MR. SMITH re-examined. These are my property.
Cross-examined. Q. Do you know that cotton? A. Yes, it has my mark on it—I have ascertained that it was taken to wrap the dresses in.
COURT. Q. Who made the entry, when the prisoner came back? A. My clerk in my presence—the prisoner then said he had sold one to Salter—I said to him, "About the other two?"—he said, "Oh, book them to myself"—he was in a state of intoxication at the time. (The prisoner received a good character.)
GUILTY.—Aged 28.—Recommended to mercy.
GUILTY .— Confined Six Months.
JANE WING . I live in John's-row, St. Luke's—I am a widow, and keep a pork-shop. On the 10th of March, I had two bellies of pork, one on each side of my window—I saw them safe a minute before one of them was taken—I merely walked into my room from the shop, when a little girl called me, and told me something—I ran to the door, and a witness brought back the prisoner, and the pork, which was one of the bellies I had in my shop.
GEORGE STOCKSLEY . I am a butcher, and live in Bath-street, opposite John's-row. I saw the prisoner and three others come down John's-row—they stopped near my shop—the prisoner then went and took the pork out of the prosecutrix's window—one of the other boys took it from him as soon as he had taken it out of the window—they came towards ray shop—I took the prisoner, and the other boy threw down the pork—one of the other boys picked it up, but they were pursued, and he dropped it again
—a man took it up, and gave it to me, and I took it back—the other bow escaped.
Prisoner's Defence. I saw two boys go and take the pork—they began to run, and this man took me—I am innocent.
GUILTY . * Aged 16.— Transported for Seven Years.—Convict Ship.
JOHN DENTON . I live in Northampton-square, Clerk en well. The prisoner was in my service, and left me about the 11th of February—after the left we missed a great many things—I desired my wife to go with a policeman, and search her box, where she was then living, at Mrs. Ash-well's, a dyer, on Islington-green—I then went there myself, and saw the prisoner—her mistress said the box which had been searched was hers—I had it searched again, and found these two shirts, which are mine—the stockings had been found by my wife—I cannot swear to them.
WILLIAM KING (police-constable G 120.) I went to a dyer's on Islington-green, where the prisoner was living as servant—I found these shirts in a box there, but the prisoner was locked up at the time—the stockings had been found before.
NOT GUILTY .
1239. MARY ANN MARIA LLOYD was indicted for stealing, on the 26th of March, 1 handkerchief, value 8d.; 2 half-crowns, 1 sixpence, 2 pence, and 1 halfpenny; the goods, aai monies of Henry Palmer Locke, from hit person.
HENRY PALMER LOCKE . I live in Chapel-street, Belgrave-square. On the 26th of March, about twelve o'clock at night, I was going through the Bird-cage-walk, to meet my father—the prisoner accosted me, and put her arm round my waist, and having a cloak on I could not resist her—I felt something drawn from my pocket, and saw her putting something in her own pocket—I then missed from my pocket two half-crowns, a sixpence, some halfpence, and my handkerchief—I accused her of it immediately, and the denied it—as she and the policeman were going through the Birdcage-walk I saw her throw the money behind her, I picked it up and after they had got a short distance the officer stopped to put on his cape, and I saw her throw the handkerchief over the rails—I got it.
Prisoner. Q. Did you not accompany me to the gate, and say you had no cash in your pocket, or you would go home with me? A. No—I said I could not stay, I was going to me my father—I said I had no money because I wanted to get rid of you—I did not speak to you till you put your arms round my waist.
GEORGE MARSH (police-constable H 160.) I was on duty between twelve and one o'clock, and the prosecutor called, "Police," and told me to stop the prisoner, as she had taken from him a handkerchief, two half-crowns, a sixpence, and some halfpence—I asked her about it, and she said she had no handkerchief but her own—she then dropped some money from her left hand—I took it up, and found it was two half-crowns, a six-pence, and two pence—as we got to Storey's-gate I put on my cape, and the prisoner threw this handkerchief through the rails—the prosecutor got it.
GUILTY . Aged 22.— Confined Three Months.
1240. MARY SULLIVAN was indicted for stealing, on the 29th of March. 1 looking-glass and frame, value 1s.; 3 cravats, value 1s. 6d.; 4 bits of silk, value 2s.; 1 collar, value 1s.; 3 pairs of stockings, value 1s.; 1 cap, value 1s.; 3/4 of a yard of linen cloth, value 6d.; I yard of jean, value 1s.; and 1 handkerchief, value 1s.; the goods of Thomas Laidley, her master.
ELIZA ANN LAIDLEY . I am the wife of Thomas Laidley, of Windmill-street. The prisoner was in my service for three weeks—she came to me at the bar on Good Friday morning, and said she was going to leave—I said she had better do so if she could not conduct herself in a proper manner—I went up stairs soon after, and in passing her bed-room door I saw a bag of mine on her table—I brought it down, and she came and asked me for it—I said it was mine—she said I had given it to her—she was very abusive, and my husband called a policeman—I went up with him, and found a variety of things of mine in her box—this is my bag—some of these articles were in it, and some in her box—they are all mine—since she has left I have found things concealed almost every day.
Prisoner. My mistress gave me these things when she was in liquor, and when I went home that night they abused me. Witness, I gave her some things, but not these.
RICHARD DUDLEY (police-constable C 56.) I was called in, and searched the prisoner's box—I found this looking-glass, two or three stockings, part of a blanket, and some other things—she said her mistress gave them to her—her mistress said she did not give her these, but she had given her two or three things, which I did not take out of her box.
Prisoner's Defence. When I went into their service I had a looking-glass, an ironing blanket, and some tea of my own—the articles in the bag my mistress gave me in the club-room.
(The prisoner received a good character.)
GUILTY . Aged 29.— Confined Three Months.
GUILTY . Aged 44.— Transported for Seven Years.
1242. MARY MOSS was indicted for stealing, on the 27th of May, 2 cloaks, value 5s.; 2 petticoats,-value 2s.; 1 frock, value 1s. 6d.; 1 shawl, value 1s. 6d.; 1 gown, value 1s. 6d.; and 2 curtains, value 2s.; the goods of Catherine Horgan: also, on the 8th of March, 1 gown, value 3s. 6d., the goods of William Moseley: also, on the 9th of March, 1 shirt, value 1s., the goods of William Pearcy: also, on the 6th of October, 1 looking-glass and frame, value 6s.; I coverlid, value 2s.; 1 sheet, value 4s.; 2 blankets, value 5s.; 2 pillows, value 3s.; 1 bolster, value 2s. 6d.; 1 tray, value 2s.; 1 candlestick, value 1s. 3d.; 1 table-cloth, value 1s.; 2 ornaments, value 2s.; 2 towels, value 1s.; and 1 set of fire-irons, value 3s. 6d.; the goods of Jane Crosby; to all of which she pleaded
GUILTY . Aged 37.— Transported for Seven Years.
1243. JAMES BOURKE was indicted for stealing, on the 26th of March, 1 watch, value 4l.; 3 seals, value 2l. 12s.; 1 split ring, value 7s.; 2 watch-keys, value 3s.; and 1 watch ribbon, value 6d.; the goods of Joseph Fidoe; to which he pleaded
GUILTY . Aged 25.— Confined Three Months.
1244. DANIEL SIMS was indicted for stealing, on the 10th of february, 2 shawls, value 2s.; 5 aprons, value 1s. 6d.; 4 caps, value 2s.; 4 sight caps, value 1s.; 1 collar, value 6d.; 4 napkins, value 1s. 6d.; 2 shifts, value 1s. 6d.; 1 pair of stockings, value 6d; 3 waistbands, value 6d.; and 1 gown, value 2s; the goods of Clara Chandler.
MR. JONES conducted the Prosecution. CLARA CHANDLER. I lived in the service of Mr. Millidge, at Guildford. The prisoner lived servant there also—he proposed marriage to me, and I left with him on the 10th of February—before I came away I packed up my clothes, and he took them out at the back door—he said they would come by the coach to Working, and then by the railway—I came to London with him on the 10th of February—he took me to Westminster, and the next morning he went to see for my clothes—he came back, and said that they bad gone to Southampton—he then went again, and said they were lost—I was at that time in Brownlow-street, and he told me if I did not like the lodging he would get me some other—I did not give him authority to part with any of my things—I did not know he had them.
Cross-examined by MR. CLARKSON. Q. How old are you? A. I was
sixteen on the 10th of March—the prisoner induced me to leave Guildford—I resisted before I agreed to come away—I did not resist more than one day—I lived three months at Mr. Millidge's—the prisoner was there when I went—I had lived servant at Farnham before that—I had lived nurse-maid with Mr. Hooper, in London, in the same house with my sister for about four years ago—I know a person of the name of Baker—I was never in the habit of going to singing-rooms—I do not know any singing people—I never was at Drury-lane theatre—I was once at the Mogul free and easy, in Drury-lane.
MR. JONES. Q. Did the prisoner keep company with you before you came away? A. Yes—I have been to the Mogul since I have been in London—I went with a young friend, who took me to show me the place.
Prisoner, Q. When you accompanied me from Blackfriars-road, on the Monday morning, did yon not go to the Spread Eagle, to inquire for the things? A. Yes, and we did not find them—I left you, and said I was going to a friend in Brownlow-street, and I thought it was at No. 1.—you came to that place—I was not in Drury-lane, looking at a fire when you returned from Nine Elms, to tell me the luggage was not come there—I accompanied you on the Tuesday to several places—yon said you had not found my parcel, it might be at some office, or it might be gone to Southampton, and you would endeavour to go for my parcel and your own, which was of more value than mine—I did not say that I had a desire to go to any singing-room—you said you would take me there, if you could get money enough of your brother—I did not say I had a friend, a singer at the room, whom I wished to hear—I borrowed 6d. of you—you said you would pay for my carriage up—I did not say I would leave Mr. Millidge and come to London, and work at my business—you enticed me away and seduced me.
Q. Did I not say I had no money, and you said if I could get the parcel, there were a few things in it that I could get some money on, to go to the Mogul singing-room? A. I did not.
MR. JONES. Q. Did you ever know any thing about the Mogul till the prisoner mentioned it? A. No.
CHARLES LEATHART . I am a perfumer, and live in Warwick-street, Regent-street. I went to Mr. Box, in Regent-street—I found the prisoner there, and asked if he knew a girl of the name of Clara Chandler—he said he did—I told him to give me an account of the clothes that Clara Chandler had lost, or I would give him in charge—he hesitated a bit, but at last he came with me to Marsham-street, where Clara Chandler was stopping—she was out, but was sent for, and came—the prisoner was then asked for the things—he said they had been mislaid by the coach—after some time he took me to a house near Blenheim steps—he there gave me this bag, saying it contained all her clothes—we came back to Manhao-street, and they were opened before the prosecutrix—the prisoner then polled out a duplicate of a gown, pledged for 3s.—he said it was part of her property—I went with him to a house in Titchfield-street—he west up stairs there, and fetched a shawl and some things in it—he said they belonged to the girl.
Cross-examined. Q. When you went to Mr. Box, in Regent-street, did you not ask for Daniel Sims? A. Yes, the prisoner said it was him—I said unless he gave me a satisfactory account of the girl's clothes, I would give him in custody—and I believe I said I would not if he did.
MARY HARRISON . I am single. I have known the prisoner five years, and lived with him as his wife for the last three years—I remember his going to the place at Guildford—he returned in February—he did not bring any thing with him then, but he afterwards brought home this gown, on the Monday or Wednesday, and said he had found it in the street—be asked me to pledge it, which I did, for 3s., and gave him the money.
(Benjamin Bee, of Great Titchfield-street gave the prisoner a good character.)
GUILTY . Aged 27.— Transported for Seven Years.
1245. HENRY STRICKLAND and CAROLINE STRICKLAND were indicted for stealing, on the 22nd of March, 2 pots, value 6d.; and 15lbs. weight of paint, value 6s.; the goods of John Souter, the master of the said Henry Strickland.
JOHN SOUTER . I live in Exeter-street, Sloane-street. The prisoner Henry Strickland was in my employ as a painter—the officer said he had taken his wife up—I went to the station-house, and then to No. 40, Cadogan-place, where Henry Strickland was at work—he said he had given his wife some paint to paint a room and a door—I had not seen his wife before that day—I believe this paint is mine—I cannot swear to it.
with a basket containing three pots and some paint—she said she brought it from No. 46, Cadogan-place, where her husband, was at work, and was going to take it to another job—I took her to the station-house, and went to the prosecutor—I went with him to Cadogan-place, where Henry Strickland was at work—he said given his wife a little green paint to paint a door—when we got to the station-house the prosecutor was surprised to see so much paint, and of a different colour to the green—he then said he got it to paint his room, and he took the whole of it and gave it to his wife—I believe she is his wife—I saw the certificate of their marriage.
Henry Strickland. I took the paint, but I did not intend to keep it all—I gave it my wife to take home—I would have taken the rest back to my master the next day—he said if I wanted a little I might have it.
MR. SOUTER re-examined. No, I did not—I told him if he had asked for a little I would have given it to him—I placed great confidence in him. HENRY STRICKLAND— GUILTY. Aged 28. Recommended to mercy.— Confined Three Months.
CAROLINE STRICKLAND— NOT GUILTY .
1246. EDWARD WAKEFIELD, CHARLES WAKEFIELD , and JOSEPH WRIGHT , were indicted for stealing, on the 28th of March, 1 cloak, value 1s. 6d., the goods of Samuel Churchill, from the person of Charles Churchill.
JANE CHINNICK . I live in Thornhill-street. I saw Charles Churchill, on the 28th of March, with a cloak on—I saw Charles Wakefield take him by the hand, and take him round the corner—Wright was with him.
WILLIAM HIGGS . I was in a shop in Thetnbill-street about ten minutes to two o'clock—the little boy came to my door, crying, without a cloak—I had before that seen Wright and Edward Wakefield go round into Norton-street.
WILLIAM FISH . I am shopman to Mr. Loveday, a pawnbroker, in Crawford-place. This cloak was pawned by a lad, in the name of John Smith, No. 20, Cromer-street—I could not identify either of the prisoners.
NOT GUILTY .
JOHN CORY . I live in Brick-lane, St. Lukes—the prisoner was my house-maid—she left me on the 4th of March. About the 10th of March I missed two odd sheets from my drawer—they were taken from two pairs of sheets—these are them—(looking at then.)
Prisoner. I was not out of the house that day. Witness. You are the
person that pawned them about nine or half-past nine o'clock on the Saturday evening.
Prisoner. I left Mr. Cory's on the 4th of March, another servant came that night—the sheets were not pawned till the 9th.
NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arabin.
JAMES HARRISON (police-constable E 120.) I saw the prisoner go into the prosecutor's shop, and take this loaf out of the window—I took him with it as he was coming out of the door—I found three pence on him.
Prisoner. I was out of employ and in distress.
GUILTY . Aged 21.— Confined Four Days.
SUSANNAH CHARGE . I live in Pimlico. On the 16th of March, I hung a coat on a fence in the garden, about ten o'clock, and about twelve o'clock I missed it—this is it—I have the pieces here which I cut off to make it smaller, for John Neale, a nephew of mine—it is his coat.
GUILTY . * Aged 20.— Transported for Seven Years.
1250. ELLEN WELCH was indicted for stealing, on the 26th of March, 1 coat, value 1l.; 1 pair of shoes, value 5s.; 1 handkerchief, value 1s.; 1 snuff-box, value 6d.; and 1 pair of spectacles, value 2s.; the goods of William Cuthell.
WILLIAM CUTHELL . I am a tin-plate-worker, and live in Cartwright-street—I am subject to fits. I had a fit on the 26th of March in the street, about eight o'clock in the evening—I had a coat on, and a pair of shoes, also a snuff-box, and a pair of spectacles, about my person—I cannot tell how long I was in the fit—when I recovered I was at home—I then missed all this property—I do not know the prisoner.
DANIEL COLE . I am errand-boy to Mr. Metcalf, a cheesemonger, in the Minories. I saw the prosecutor in a fit on the 26th of March, in East Smithfield—I saw the prisoner feeling in his pockets, and there was another girl at a distance, who kept going to her—I did not see any one else near him—the people looked at the prisoner, and then she took the prosecutor higher up the street—three little boys spoke to her, and asked her what she bad got—she said only 41/2d. out of his pockets, and she said she was going to nail him of his toggs, meaning his clothes—I was following her to see what she did, and she said she would murder me, or get some one else to do it, if I did not go back—I then told the policeman.
in East Smithfield, where the prisoner had got the prosecutor by some ruins—I saw the prosecutor had got no coat on him—the prisoner had a coat, and two boys had some clothes, and one of the boys had a pair of shoes—the prisoner said to the boys, "This is a fine one"—meaning the coat—they went away together.
Prisoner. Q. How can you say it was me? A. I knew you before.
DANIEL M'NAMARA (police-constable H 159.) I heard of this, and found the prosecutor under an archway, without his coat, shoes, and hand-kerchief—I assisted him home, and I look the prisoner on the Thursday following, from the description of the boys—I had known her before—she said she had never seen the man, and knew nothing about him—the property has not been found.
Prisoner's Defence. I never saw the prosecutor till I was before the Magistrate—he confessed he was so much in liquor he could not swear what was done—Cole is a boy of bad chraracter, and his mother owes me ill will, because I owe her some money—I could not have taken the prosecutor's coat of, if he was in a fit.
GUILTY . Aged 16.— Transported for Ten Years.—Penitentiary.
ELIZABETH TURNEB . I live opposite the shop of Mr. Richard Strong, in High-street, Poplar—I can see from our window into his shop—on the 21st of March, about four o'clock, I saw the prisoner looking into the prosecutor's window—he then crept in on his hands and toes, and went round the counter—he opened the till, and put his hand in—I told my master, Mr. Dakin, who went and gave information.
ELIZABETH STRONG . I am the wife of Richard Strong, a baker. Mr. Dakin told me of this, and I went into the shop—the prisoner was then on the outside of the counter—I asked him if he had any money—he said yes, and what he had was his own—he then took some money from his bosom—I put my hand to his bosom, and felt this bowl, which I had seen in the till a little before, with eight farthings in it—he had 2s. 11d. in coppers.
Prisoner's Defence. I never went behind the counter—I got the money on the counter.
GUILTY . * Aged 13.— Transported for Seven Years.
JAMES PRIDDLE . I am a tailor, and live in New-street, Gray's Inn-road. At four o'clock, in the morning of the 19th of March, I met the prisoner Jones with another female—I was about half-and-half—I knew what I was about—I got into conversation with Jones—she and the other female stated that they lived just by—I went home with them to No. 25, King-street, Holborn—I was to stop all night—Jones went to bed with me—I fell asleep—I had not given Jones any money, or made any bargain with her—I had not seen Williams before I went to sleep—I was awoke by Jones taking my guard chain off my neck, to which my watch was attached
—Jones was walking across the room witlfit—I saw Williams at the room door—Jones gave her the watch, and she escaped with it—Jones the other female, and two others, then came in, and began abusing me—I called the police, and the young woman who lodged with Jones pitched into me with the poker and a candlestick—I went down, and called the policeman who came in two minutes, and we took the prisoners—the watch has not been found.
Prisoners' Defence (written)"The prosecutor came to our lodging, and said he had been robbed of his watch—we deny ever seeing the man, as we were not out of our lodging till he brought the officer—he said he had been home with two women, and it served him right for going home with unfortunate girls without money."
JONES— GUILTY Aged 17. WILLIAMS— GUILTY . Aged 21.
Confined Six Months.
Prisoner's Defence. I met a friend who gave me some ale, and I lost all recollection till I found myself in the station-house the next morning.
GUILTY. Aged 39.—Recommended to mercy. — Confined Six Days.
JAMES POWELL . I am in the employ of Mr. George Lamb, a jeweller in Cheapside. The prisoner came to the shop on the 6th of April, and asked for some diamond pins at 6s. 6d.—I said we had none at that price, but I showed him four imitation diamond pins—two of them were 145. each, and two of them 10s. 6d. each—he asked to look at another—I turned to get it, and he ran off with the four—I went to the door and called, "Police"—a policeman collared him two hundred yards off, and he dropped the pins.
JOHN SIMMONDS SMITH (City police-constable, No. 341.) I secured the prisoner about two hundred yards down Queen-street—I had seen him go into the shop, and I watched him—he ran out, and I took him—he dropped these pins.
Prisoner's Defence. It was real distress—I had been seeking employ for the last six days.
GUILTY . Aged 24.— Transported for Fourteen Years.
salesman in Exmouth-street, Spitalfields. On the 22nd of March I saw the prisoner take this screw wrench, agd walk off—I followed, mid took him with it.
Prisoner. I throw myself on the mercy of the Court.
GUILTY . Aged 40.— Confined Six Days.
1256. JAMES WEEKS was indicted for stealing, on the 24th of March, 1 purse value 6d.; I handkerchief, value 1s.; 1 bag, value 1s.; 1 sovereign, 1 half-sovereign, and 3 shillings; the goods and monies of Elizabeth Hall.
ELIZABETH HALL . I am a widow, and live at Shepherd's Bush. I got into an omnibus there, on the 23rd of March, at twelve o'clock in the day—I had a reticule on my arm—it contained a purse, with a sovereign, a half-sovereign, and 3s. in silver—the conductor assisted me to get in and I think it was the prisoner—I believe my reticule dropped from my arm, for as soon as I got in I looked for it, and it was, gone—I believe the prisoner was then getting on the top of the omnibus—I have never seen my reticule since.
AMELIA HOLDAM . I am servant at a public-house at Shepherd's Bush. I remember the prosecutrix getting into the omnibus on Saturday, the 23rd of March—the prisoner was near the door—I saw her drop the reticule, and the prisoner picked it up—I saw him put it into his pocket—he then got on the omnibus again—he was not the conductor, he was a stranger—I am sure he is the man.
Cross-examined by MR. DOANE. Q. Where was it dropped? A. By the side of the omnibus step—the omnibus had drawn up to the foot-path—I did not notice that there were any other persons passing—I was close to the omnibus when the lady dropped her reticule—I did not call out—there was a conductor there on the step—I don't think he saw the prisoner as well as I did, for his eyes were not towards him—after the prisoner had picked up the reticule he got on the step again, but not where the conductor stood—the conductor stands on the top.
Q. Have you not said that he carried it in his hand for some distance? A. Yes—I saw it in his hand behind him. I live with Mr. Wheatley, the market-gardener—I am fourteen years old—as far at I can tell, the prisoner is the man—I was taking care of a child at the time—I told my mistress of it the same day—I never saw him again till I went before the magistrate—I had never seen him before that day.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy. — Confined Three Months.
NOT GUILTY .
JOHN PIGOTT . I am a farmer, and live at South Mimms—the prisoner was in my service about fifteen months—he drives my team, takes up hay, and receives money on my account—it his duty to account for it to
me the same evening—he did not account to me on the 10th of February for 4l. 17s.—he said that Mr. Lee, whom he went to, did not pay him, but he would pay him the next load—on the 20th of February I sent him to him with another load—he said Mr. Lee was not at home, and Mrs. Lee would not pay him for either.
Cross-examined by MR. PAYNE. Q. How long did he remain in your service? A. Till August—he paid me regularly after that, all but for one load—I am quite sure he said Mr. Lee had not paid him—he did not say any thing about having lost the money—he was, in other respects, a good servant.
JOHN LEE . I am a fruiterer, and live in Bedford-street. On the 10th of February, I received a load of hay from the prosecutor's, by the prisoner—I paid him 4l. 17s.—on the 20th of February I received another load, and paid him 4l. 17s. for that.
Cross-examined. Q. Did you have a receipt? A. No; he said he could not write—I have a distinct recollection of paying him those two sums—I never omitted paying him any sum till July, and then I did not pay him for one load; I think I was not in the way.
GUILTY. Aged 34.—Recommended to mercy. — Confined Three Months.
OLD COURT.—Friday, April 12th, 1839.
Fourth Jury, before Mr. Sergeant Arabin.
1259. WILLIAM JOHNSON was indicted for stealing, on the 12th of March, 271bs. weight of leaden pipe, value 3s., the goods of Richard Edward Wicker: and fixed to a certain building: and that he had been previously convicted of felony.
JAMES SHIP . I live on Cock-hill, Ratcliff. This pipe belonged to a water-butt, in Mr. Edward Wicker's stable and chaise-house—it was all safe on the 12th of March—next morning I found part of it ripped off and taken away—I saw a policeman cut a piece off the end which remained—the prisoner is a stranger.
JOSEPH HARROD . I am a policeman. At half-past ten o'clock, on the night of the 12th of March, I was in Love-lane, Shadwell, and saw the prisoner in company with two others—I crossed over the corner of Charles-place—one stood at the comer, and two went down the place—in a few minutes I heard one say, "What are you hesitating about?"—I crossed over towards him, and he walked away—the prisoner crossed the comer of Charles-place—I stopped him and asked what he had in his breast—he said, "Nothing"—I unbuttoned his coat and this lead dropped from under it—I then saw another one come along—he saw I had the prisoner, and threw some lead down, and escaped—I took the prisoner to the station-house, and found four more pieces of lead about his person—I have compared the lead with what remained on the prosecutor's premises, and have not a doubt it came from there.
GUILTY . Aged 19.— Transported for Fourteen Years.
1260. THOMAS JONES , and THOMAS JONES JUN were indicted for stealing, on the 20th of March, 1 shirt, value 2s.; 1 handkerchief, value 3d.; 1 loaf of bread, value 6d.; 1 ring, value 1s.; and 1/2lb. weight of mutton, price 2d.; the goods of William Ewington.
JANE EWINGTON . I am the wife of William Ewington, and live at Barnet. On the 29th of March, the elder prisoner came and took my lodging for himself and son, for six weeks, or two months, and said he was going to repair Barnet Church—he left at six o'clock in the morning, saying be would return to breakfast—he did not return—I missed these things—the shirt was taken from a basket, the handkerchief from a tub of water, and the ring from the window—he had been sitting with me all the evening—I never found my ring—this is my husband's shirt—(looking, at it.)
WILLIAM EWINGTON . My wife informed me of the loss, and I went after the prisoners on horseback—I overtook them about four miles from Barnet—the elder prisoner, when he saw me, threw a bundle into a ditch, containing a loaf—he denied having had the bundle—I found the shirt in his hat.
Thomas Jones. It was poverty caused me to do it.
THOMAS JONES. GUILTY .—Aged 48.— Confined Six Months.
THOMAS JONES, jun. NOT GUILTY .
CHARLES ALLAND . I am a hair-dresser, and live in Radnor-street, Pimlico. On the 30th of March, I was down stairs in the kitchen, I heard a noise in the shop, went up, and found my glass-case broken, and some combs gone—I looked out at my door, and saw the prisoner running away—I followed, came up with him, and found the combs in his hat—these are them—(looking at them.)
GUILTY . Aged 45.— Confined Three Months.
EDWARD DOWNING BURTON . I keep the King's Head, in Pickett-street, Strand. I know the prisoner, and his grandfather, who has retired from business—on the 4th of March, the prisoner came to me and produced this order, upon the faith of which I delivered him the wine—(read.)
"SIR,—Be kind enough to send me a gallon of gin, half a gallon of rum, and by bearer, half a dozen of wine. I have sent you a cheque, which is rather more than they will come to. "GEORGR BUTLER."
---- I understood George Butler to be the grandfather—he said he had come from his grandfather.
Prisoner. Q. Is the note in the same state as I delivered it to you? A. No, because the outside is torn—the cheque has been presented, and the answer was, "No account"—the wine was delivered to you in me presence.
----. I am housekeeper to Mr. George Butler—he is
very ill in bed, and has not been out of his room for twelve months—the prisoner is his grandson—this order is not Mr. Butler's hand-writing—he has not been able to write for twelve months—I do not know whose it is.
GUILTY . Aged 31.— Confined Two Years.
Before Mr. Justice Coltman.
1263. GEORGE HAYNES was indicted for stealing, on the 16th of March, 1 ewe, price 2l. the property of John Hilliard, clerk.—2nd COURT, for killing the same with intent to steal the carcase: and that he had been previously convicted of felony.
JOHN ASHLEY . I am a labourer, in the employ of the Rev. John Hilliard. He had two sheep, a ewe, and a wether—I saw them safe at six o'clock on Saturday evening, the 16th of March, in the yard, as I was milking the cows, and when I turned the cows out they went into the orchard—I missed the ewe next morning, at six o'clock—I found the wether remaining with the cows in the orchard—I found the skin of the ewe in the adjoining meadow—it had Mr. Hilliard's initials on it—I in sure it was the skin of his ewe—the entrails were in the skin, and there were marks of blood where it had been killed.
FRANCIS WEEDON . I am a constable. On Sunday, the 17th of March, I went to the prisoner's house, which is in Hillingdon parish, about a mile, or a mile and a half, from the prosecutor's—he was at home, and in bed—I called him up, and said I wanted to search his house for some property, which had been stolen the day before, belonging to Mr. Hemming—he said we might break the door open, he would not open it—I broke it open, and in my search found a quantity of mutton cut into pieces, in a pan in the bed-room, part of it salted down, and part not salted—it all appeared very fresh, and very recently cut—there was 33lbs.—it had been mangled to pieces, very badly indeed, not at all cut as a butcher would do it—I found a little more, which had been cooked, and three or four lbs. of fat, which had been melted down, and run into a pan—I had not heard that any sheep bad been stolen then—I took the mutton in my charge, took the prisoner into custody, and next morning made inquiry in the neighbourhood—on the Monday morning, as we were going before the Magistrate, I beard of Mr. Hilliard's loss—we went to his house, saw the skin, compared the mutton with it, and it corresponded—part of the join and tail was left on the skin, and that corresponded exactly—I am certain the mutton belonged to that skin—I asked the prisoner, when I took him, where he, got the mutton—he refused to say, but he afterwards said he had bought it, or something.
ROBERT JARVIS . I am a constable. I went with Weedon to Mr. HilFard's house, and compared the mutton with the sheep's skin—I have not the least doubt that the mutton belonged to the skin—part of the loin and tail adhered to the skin, and that tallied with the mutton.
JOHN HIRONS . I am a butcher. I saw the skin in the Justice-room on Monday, the 18th of March, and compared some mutton with it in the presence of Weedon and Jarvis—I could swear it had not been killed by a butcher—I matched the two loins with the skin—the fat of the close loin was torn off the back, and left on the skin—it corresponded exactly with what was left on the skin—I am sure that mutton had belonged to that skin.
Hirons was the mutton I got at the prisoner's, and the skin from the prosecutor's.
Prisoner's Defence. When Mr. Jarvis took me, coming along I told him how I came by the mutton, who was with me, and every thing—I think it very hard, I am here alone by myself, one man killed it, and he is not taken—I told them where to find the other person—four sheep have been lost since Christmas—it was impossible for me, my wife, and two children to eat them alone—six were taken last winter—I told Jarvis who the parties were—I think they are worse than I am.
GUILTY . Aged 44.— Transported for Life.
(There were two other indictments against the prisoner.)
Second Jury, before Mr. Recorder.
1264. RICHARD MARSHALL was indicted for feloniously breaking ad entering the dwelling-house of James Bruton, on the 11th of January, at St. Dunstan, Stebonheath, alias stepney, and stealing therein 2 coats, value 2l.; 2 waistcoats, value 10s.; 2 pairs of trowsers, value 16s.; 3 shirts, value 10s.; 3 spoons, value 15s.; 21 yards of cotton, value 14s; 1 shawl, value 13s.; 1 pair of boots, Value 5s.; 4 gowns, value 1l. 9s.; 7 yards of lace, value 1s.; 2 petticoats, value 8s.; 2 sheets, value 5s.; 4 stockings, value 3s.; I guinea, 3 sovereigns, 1 crown, and 2 half-crowns; his property.
MR. BODKIN conducted the Prosecution.
MARIA BRUTON . I am the wife of James Bruton, and lived in Durham-row, Stepney, on the 11th of January—I went out between eleven and twelve o'clock that day, leaving nobody in the house—I left the door double locked, the window closed, and the shutter bolted—I returned before we o'clock, and found the shutter still closed, but it had been broken open by a chisel—the window could then be lifted up, and a person could get in—I missed a canary bird out of a cage, and the articles stated, amounting to between 14l. and 15l., and 4l. 11s. in money also—they were all safe in the house at the time I left it—a man named Henry Boxer was tried for this offence in February—our house is in the parish of Stepney I believe, as it is in Stepney churchyard, but we pay no taxes—we are monthly tenants—we occupied the whole house—it has only two rooms—we now live in Ocean-row.
MARY ANN ANDREWS . I am the wife of Thomas Andrews, and live in Ocean-street, Stepney, very little way from Mrs. Bruton. On the 11th of January, about half-past twelve or a quarter to one o'clock, my attention was called to her house, and I saw two men come out, and bolt the door after them—the prisoner was one of them, and Boxer the other—the prisoner had a very large bundle—I should not have noticed them, but a gentleman who was passing at the time directed my attention to them—I looked particularly at the prisoner—he was the first of the two that passed me—I looked at his face distinctly—they went up Church-row—I knocked at Mrs. Bruton's house, and found nobody at home—I then went next door, and stated what I had seen—I afterwards saw Mrs. Bruton on her return home, went up stairs with her, and found every thing in confusion—had known the prisoner before for years, and knew his father and mother—he lived in the neighbourhood, and I saw him frequently—my husband
helped to carry his father to the grave—I had not seen him before this for a year or two—I have not the least doubt of his being one of the two men.
Cross-examined by MR. PAYNE. Q. Might it not be more than a year or two since you had seen him? A. It might not be that—I will not swear it was not three years—the bundle was tied in a coloured handkerchief underneath a yellow and red, and over that a black one, but it did not cover it—the gentleman passed me in the churchyard—I was coming along returning home after taking my husband's dinner—they were coming out of Mr. Bruton's doorway when I first saw them—I saw them close the door after them—I turned round, and saw one come out, and the other follow—I cannot say which came out first—I have always been certain about the prisoner—he looked at me very hard, and passed on—I did not see him again till he was taken last Saturday week or fortnight.
MR. BODKIN. Q. How near is your house to Stepney churchyard? A. It is in the churchyard—I gave a description of the prisoner to the police.
ELIZA AVERY . I live with my father, a blacksmith, in North-street, Limehouse-fields. On the 11th of January, at twelve o'clock, I was is Stepney churchyard, and saw the prisoner, whom I had known about six years—Boxer was with him—they were walking to and fro in front of Mrs. Bruton's house—I am quite sure the prisoner is one of the men.
Cross-examined. Q. Did his father and mother die in the street you live in? Yes—his father has been dead about six years—I am turned twelve years old—there are four or five thoroughfares through the church-yard—the church was open at the time—there was nobody about the churchyard at the time but these two men—I did not speak to them—I gave an account of what I saw the same afternoon.
MR. BODKIN. Q. Who did you tell it to? A. The lady next door—I left them in the churchyard when I went away.
CHARLES HENRY MOCKETT . I am a policeman. In consequence of information, I went to the house of Henry Boxer on Friday, January the 11th, the day this happened—I there found a quantity of property, which the prosecutrix identified on Boxer's trial, in February—I have known the prisoner nine years, and know him to be a companion of Boxer—he worked with and lived with him—I received information respecting him the same day, and searched for him for eight weeks, but could not find him at his place of residence, nor his usual places of resort—the prosecutrix's house is in the parish of St. Dunstan, Stepney.
Cross-examined. Q. Was Boxer a cabinet-maker? A. Yes—I searched for the prisoner night and day, but could not find him.
WILLIAM CLAY . I am a policeman. On the 11th of January, between one and two o'clock, I saw the prisoner coming across Sydney-square, between the Commercial-road and Mile-end-road, with another person, named Snooks—I said, "I want you for the robbery at Mrs. Bruton's, in Stepney church-yard"—they both ran away—I pursued Snooks, and took him—the prisoner got away—I had said nothing more to him than that—at that time he had his whiskers growing right round, and meeting nearly under the chin; when he was apprehended he had no whiskers at all—I have known him some time.
CHARLES SMITH . I am a policeman. I took the prisoner into custody last Saturday fortnight, at No. 18, Duke-street, where 1 went in consequence of information—I told him I wanted him for a felony—he said
nothing—next morning his wife came crying to the office—he said to her, "What are you crying for? I can do as well in another country as
Cross-examined. Q. Are you quite sure about that observation? A. It was to that effect—I made a memorandum of it as soon as I got home, and here it is.
(Property produced and sworn to.)
GUILTY . * Aged 23.— Transported for Ten Years.
1265. WILLIAM STRATFORD was indicted for feloniously breaking and entering the dwelling-house of James Upjohn and another, on the 9th of April, at Hanwell, and stealing therein, 1 watch, value 4l. 10s., their property.
WILLIAM BRAMLEY . I am an apprentice to James Upjohn and another, watchmakers at Brentford. I was in the shop on the night of the 9th of April, and heard a window break—I looked up, and saw a hand in through the broken pane, among the watches—I immediately got over the counter, ran out, and caught the prisoner about twelve yards from the window—I asked him if he had broken the window—he said, "Yes"—I brought him back to the shop, and he delivered up the watch—it is worth 4l. 10s.
Cross-examined by MR. BODKIN. Q. I believe he was standing still when you took him? A. He was running from the window, and I believe he was walking on when I stopped him—he afterwards said he must admit he had done it, for he wanted to be transported.
EDWARD SCOTCHMER (police-constable T 27.) The prisoner was given into my custody in the prosecutor's shop—he said he had committed the robbery on purpose to be taken up, for he wished to be transported—I noticed a stone inside the shop window among the watches—the prosecutor's house is in the parish of Hanwell.
(Property produced and sworn to.)
GUILTY. * Aged 19.—Recommended to mercy
Transported for Ten Years.—Penitentiary.
1266. JOSEPH LILL and WILLIAM BAXTER were indicted for burglariously breaking and entering the dwelling-house of the Guardians of the Poor of the Holborn Union, at St. Andrew's, Holborn, about the hour of twelve in the night of the 14th of March, with intent to steal, and stealing therein, 22 pairs of trowsers, value 3l. 6s.; 4 jackets, value 12s.; 4 waistcoats, value 8s.; 4 pairs of shoes, value 12s.; 2lbs. weight of tea, value 6s.; 281bs. weight of sugar, value 14s.; 41bs. weight of cheese, value 1s.; and 31bs. weight of soap, value 1s.; their goods.—2nd COUNT, stating the house and property to belong to James Mantnan; and WILLIAM WITTY and WILLIAM BROWN , were indicted for feloniously receiving the said goods, well knowing them to have been stolen; against the Statute, &c.
MR. BODKIN conducted the Prosecution.
GEORGE FOXALL . I am porter at the workhouse of the guardians of the poor of the Holborn Union, on Saffron-hill. On Thursday night, the 14th of March, I made the workhouse fast in the usual way—I saw it safe between eleven and twelve o'clock—I then went to bed—I reside in the house—there is a window to the lodge, which joins the house—there is
a doorway out of the passage into the lodge—there is no shutter to the window—it was fastened by a brad—nobody could force it open without violence—I got up next morning, about six o'clock, and found the lodge window taken out altogether, forced off and lying on a pent-house—the passage between the lodge and the street door was also open—I had closed it the night before—by taking the window down, a man could enter the premises—I found some soap and other things lying about in the passage—the window of the strong room, which was close by, was hove up, and a wire lattice, which had been there, was taken down and lying in the passage—that window had been fastened over night by a spring fastening—it must have been undone from the inside, as no glass was broken—I saw no mark of a chisel having been used.
JAMES MANTNAN . I am master of the workhouse. On Friday morning, the 15th of March, within five minutes of six o'clock, I received information of the state of the premises—I found them as described by the porter—I examined the store-room and missed the articles stated—the small window leading to the porter's lodge was taken off and slid back, and by means of a crow-bar or chisel the beading had been forced out—this crow-bar was lying by—a padlock was forced off the small wicket door and was lying on the ground—in the middle of the same day I was at the White Horse public-house on Great Saffron-hill—the prisoner Lill was there, and I believe Baxter, but I am not certain—there were two bundles on the table—they had two women in their company—I gave Lill in charge—on their bundles being examined, they contained loose tea and sugar and several pieces of cheese—on my giving Lill in charge he threw off his coat and put himself in an attitude for fighting—he was not sober; he was strongly under the influence of drink—(looking at the articles)—I should not like to swear to them; they appear to be the same, in all respects, as what were lost—Lill had been an inmate of the workhouse for some months, and Baxter also for some time, but he had left some time—Lill had left on the 11th of March, at his own request—this pair of trowsers—(looting at a pair)—are the same kind and description as we lost—there is no mark on them, but the contractor's mark of the size.
WILLIAM ADAMS . I am a policeman. I apprehended Lill on the 15th of March, at the White Horse, and took possession of the things I have produced—I saw Baxter there also, but no charge was made against him then—I took him into custody on Sunday evening, the 17th of March, in Gray's Inn-lane—I told him I took him for being concerned in the robbery at the workhouse—on going to the station-house, he said, "I am safe to be lagged, but will it be of any benefit to me if I tell you all about it?" I told I would not advise him, he must use his own discretion, and he said no more about it—I took Brown into custody the same day, at his house in Laystall-street—he keeps a marine store shop there—I found the pair of trowsers, which have been produced, in a box in the first floor front room—I asked him where he got them; he said he bought the duplicate of a man he did not know, and took them out of pledge at a shop at the top of Eyre-street-hill—there is a pawnbroker's there; this was on Sunday, the 17th, as the robbery was on the 14th—I produce a waistcoat which I received from a person named Parr on the same night, before I went to apprehend Brown—I watched Parr into Brown's house, with Baxter—they came out together—I saw Baxter go into Gray's Inn-lane, where I took him, and Parr afterwards gave me the waistcoat.
Cross-examined by MR. PAYNE. Q. Are you quite sore of the words Brown used about the ticket of the trowsers? A. Yes—he did not say his son had bought it—he said he had bought it himself—I knew nothing of Parr or Savage previous to this affair—the trowsers have been at the station-house ever since, but I marked them with ink myself—I am quite sure of them—there is only one pocket to them.
WILLIAM PARR . I was a pauper in the workhouse when this happened—I accompanied Baxter to Brown's house—I went in with him, and went up to the first floor—Brown was at home—after being there a little time, I saw fourteen pairs of trowsers, some fustian jackets and some waist-coats, the same kind as I had seen at the workhouse—in consequence of instructions I had received, I brought away one of the waistcoats under my cott—Baxter saw me do it—I do not know whether Brown saw me—I and Baxter came out together, and met Adams the officer—he took Baxter, and I gave him the waistcoat—while we were in Brown's house Brown asked Baxter where the chisel was, which he had lent him to open the window with—Baxter said he had left it behind—Brown said, "It is no matter"—Baxter asked Brown where the other trowsers were which he had—he said he had sold three pairs to get a Sunday's dinner, as the last 4s. he had he had given to Baxter on the Saturday night, and he had no more money.
Cross-examined. Q. How long were you in the workhouse? A. Three or four months at one time, and twelve months or more at another time—about four months the last time—I went there, as I was thrown off a horse in Hyde-park, belonging to Lord Charlemont—I was tried here once for knocking a man down on Mount Pleasant, and robbing him of his watch, and acquitted—Mr. Hewitt, the master of Gray's Inn-lane workhouse, also charged me with having something to do with a clock of his which was stolen—I was acquitted then—I was never charged with any thing else—I went with Baxter to Brown, in consequence of Mr. Hewitt asking me, on the 16th of March, if I knew where to find the things.
MICHAEL SAVAGE . I have come from the House of Correction, where the Magistrate committed me, as a witness, for want of sureties. I was a pauper in the work-house some years back, but not at the time in question—on the 14th of March I went there with Lill and Baxter, at half-past eleven o'clock at night (we had passed the house several times in the course of the day)—we hoisted Lill over the fence—he broke in, and came and let Baxter and I in at the wicket-gate—he had this small chisel with him—we took down the wire fence of the store-room window, shoved the window up, and Lill entered the room—we took away seventeen pairs of trowsers, five jackets, five waistcoats, four pairs of trowsers, two pairs of stockings, and about two dozen laces, 28lbs. weight of sugar, done up in a brown paper bag, tied round with string, 3 or 4lbs. weight of soap, and some cheese—I put on a suit of the clothes under my own—Lill put some over his shoulder, and Baxter some over his—we all three then went to fetch a cab in Holborn, leaving the rest of the things in the yard of the workhouse—Witty is the man that drove the cab—we brought him down to Ray-street, opposite the workhouse—I told him to drive to Aylesbury-street and back again, and by that time the things were ready to put into the cab—I do not think he saw where we got them from—the cab stood just round the corner, out of sight of the gate—I put the things in—we got inside, and Lill rode on the box—we drove to Laystall-street, one or two
houses past Brown's—it was a four-wheeled cab, like a post-chaise—I did not tell Witty why we called him at that early hour—the bag was not quite so big as I am—it was a white bag—I then paid Witty a half-crown, and he went away—we took the things out of the cab and put them into Brown's house—I do not know whether Witty saw us do that—when we took the things out of the cab he went away—I paid him the half-crown after we put the things into Brown's house—we found Brown up, sitting by the fire—we put the things into the passage, and then took them down into the cellar—we then went up and told Brown we had brought the things—he asked what they consisted of—we told him jackets, shoes, waistcoats, soap, and laces—I hardly know what he said; he was three-parts drunk, and muttered to himself—he gave me two half-crowns—he had given me one half-crown the afternoon before, when I went there with Lill, about half-past three or four o'clock—I then asked him to lend me 3d. or 4d. on a handkerchief I had, and asked him if he had a chisel—he went into the shop, brought out the chisel, and lent it to me—I told him we had a view of breaking into the workhouse on Little Saffron-hill—I received 1l. from Brown on Saturday night, and Lill had all but 25s., the rest of 2l. 10s.
Cross-examined. Q. Did you know Hatton-garden again when you got there? A. Yes, pretty well, and Clerkenwell too—I was there three months for having illegal possession of some pewter pots—that is twelve months ago—I am eighteen years old—I have been getting my living the best way I could since.
WILLIAM ROBERT JAMES . I am clerk to the Holborn Union. I produce the order of the Poor Law Commissioners incorporating the Union—it is under their seal—the Guardians have met and acted under that incorporation for three years—this robbery took place at their workhouse.
LILL— GUILTY . Aged 28.
BAXTER— GUILTY Aged 22.
Transported for Ten Years.
BROWN— GUILTY . Aged 44.
WITTY— NOT GUILTY .
NEW COURT.—Friday, April 13th, 1839.
Sixth Jury, before Mr. Common Sergeant.
MARY SIDES . I am a widow, and keep a green-grocer's shop in Bush-lane, Cannon-street. On the 7th of March the prisoner came for two-penny worth of turnip tops—she offered me a bad sixpence—I told her it was bad—she said I had put the good one in my pocket, and given her a bad one out, which I had not done—I asked her for the change, which she would not return—I gave the sixpence to Charlotte Rutt to look at—she gave it back to me, and I gave it to the policeman.
the prisoner—she had the fourpence on her—she was discharged on the 11th.
ELIZA DALMAN . My husband lives at the White Hart, Abchurch-lane On the 18th of March, between eight and nine o'clock in the evening, the prisoner came for a glass of liquor, and gave me a half-crown—I gave it to my waiter—I gave her two shillings, and took the fourpence-halfpenny out of the till—I am sure the half-crown I gave my waiter is the same I received of the prisoner—it was not out of my sight.
ROBERT EVANS . I am the waiter. I received the half-crown, and gave two shillings—I looked at the half-crown—it was bad—I went in front of the bar to the prisoner, and desired her to give back the change—she would not—she said she did not give me the half-crown, that she gave it to that lady, and she was not going to give good money for bad, and she did not give a bad half-crown—I gave it to the officer.
JOHN VALE (City police-constable, No. 65.) I was called, and took the prisoner—Mrs. Dalman said if she would return the change she would not give her in charge—she refused to do it, and in going down Cannon-street the said, "They have got the half-crown, and I have got the change—I should be a fool to give good money for bad—it is only one piece, and they cannot hurt me for that."
Prisoners Defence. I gave her a sixpence—she put it into her pocket, and took another out—I uttered the half-crown, but the sixpence 1 deny.
GUILTY . Aged 33.— Confined Six Months.
THOMAS MANSBRIDGE . I am a draper, and live in Beech-street, Barbican. On the 8th of March, between seven and eight o'clock in the evening, the prisoner came for a yard of penny shoe-ribbon—I served him—he gave me half-a-crown—I put it into the till—there was no other there—I gave him change—I saw him again about twenty minutes afterwards—he bought a pair of stockings, and offered me another half-crown—I put it into another till with the halfpence—there was no other half-crown there—I suspected the second one was bad—I said it was bad—he said, "No, it it is not; I have just taken it"—I showed it to several customers—they said it was bad—I then looked at the other, and they were both bad—I marked them, and gave them to the officer.
Prisoner. Q. When I came in, what did you do? A. I put the half-crown in the till—you came again in about half an hour—you laid down half-a-crown—I did not take out another half-crown and compare them—I had not another—another young man came with a third half-crown, which the officer has—I did not weigh that with another in my scale—it might be weighed, but I am certain they were not mixed.
COURT. Q. Had you been away between the first taking and the second? A. I had been in a little room—I had only a lad there, and he had not access to the till—I can state that no one had passed a half-crown after the prisoner came first—the officer came in at the time the second half-crown was there.
FREDERICK PRINCE . I am a City police-constable. I received two half-crowns from the prosecutor—the third was on the counter when I went in—this is it—I took the prisoner there—I found only 41/2d. on him.
Prisoner's Defence. I only went with one half-crown, and that was for the stockings.
GUILTY . Aged 25.— Confined One Year.
MARY JOSLING . I keep the Red Lion public-house, Basinghall-street. On the 1st of March, the prisoners came in about half-past twelve o'clock, one after the other, as close as they could be—Johnson was first—he asked for three halfpennyworth of gin, and Jefferey for three halfpennyworth of gin and spruce—Jefferey gave me a good sixpence—Johnson put down a good half-crown—I did not give him change—he called for the good half-crown back again, and I gave it him—he said he had got halfpence, and he gave the half-crown to Jefferey—he put it sily under the counter, that I should not see it, and Jefferey went off immediately, like a shot, with it—Johnson then said, "I have got no halfpence, mistress, I must have change," and he threw me down a counterfeit half-crown—I said, "What is this you have gives me?"—he said, "A half-crown, to be sure"—I said it was a bad one, and I called my husband, who went outside after Jefferey'—I said to Johnson, "Why did you come to me, you know the last time you were here I turned you out of the house?—I kept the half-crown in my hand till my husband brought a policeman, and I gave it to him—I am certain Jefferey had left when Johnson gave me the bad half-crown—he gave it me less than five minutes after Jefferey left.
Cross-examined by MR. PAYNE. Q. Did you say one word before the Magistrate about Johnson putting the half-crown slily under the counter? A. I said he handed it over to him—I had the first half-crown in my hand about a minute—I examined it and was going to give change for it—I had seen the prisoners before, and two others with them come to my house—I knew they were acquainted.
Cross-examined. Q. Was Johnson sober? A. I hardly know—he was quite capable of knowing what he was doing—he was smoking a pipe.
JOHNSON— GUILTY . Aged 20.— Confined One Year.
JEFFEREY— GUILTY. Aged 25.— Judgment Respited.
JANE BURGESS . I keep a public-house at Hendon. On the 23rd of March, the prisoner came for half-a-pint of beer, and a penny biscuit—he paid me a shilling—I put it into my pocket where I had sixpences, but no other shilling—I found the shilling was bad a few minutes after he was gone, and I put it on a shelf—I delivered it to the officer the next morning—I am sure it was the same I took of the prisoner—I saw him again on the Sunday morning, the 24th, about ten o'clock, he called for a pint of porter, and walked into the tap-room—I drew the porter, John Burgess, my husband's son, took it into the tap-room, and brought me another shilling of the same description as the one I had taken before—I knew the prisoner
again—I took the two shillings into the tap-room, and saw to him, "You are a circulator of base coin"—he said he was not—I said, "Here is a proof of it, I have a shilling in each hand, one I took of you last night, and the other this morning"—he said, "Give them to me, and I will give you two others?"—I said, "No, I will give them to some one who will take better care of you than I can"—I then sent for the officer.
Prisoner. Q. Do you recollect when I had the half-pint of porter on the Saturday evening, that I put a shilling down, and another man put down one? A. Yes, hut I did not put his shilling into my pocket, I put yours in, because it was a bad one.
JOHN TAUNTON . I am a constable. I took the prisoner—I found on him one half-crown, four sixpences, and two fourpenny pieces—while he was on his way to Clerkenwell, he told me he had swallowed three had shillings while he was in the tap-room, and that they had been in hit shoe before—I produce two bad shillings, which I received of Mrs. Burgess.
Primer's Defence. I called for halff-print of beer, and put down a shilling, a man asked for two sixpences for a shilling, he put down his shilling, and she put them both together.
GUILTY .— Confined Six Months.
MARTHA LE MARIE . I am the wife of James Le Marie, he keeps an inn at Hendon. On the 1st of April, I saw the prisoner, about three in the afternoon, he had half-a-pint of beer, and gave me 1s.—I gave him a 6d. a fourpenny piece, and 1d.—Henry Oram soon after came for change for a shilling—I told him to go to Mr. Le Marie and he would give him some halfpence—I heard my husband say it was a bad shilling—I looked at it, and it was bad—I then looked at my own shilling, and found that was bad—I took it from the shelf where I had laid it, gave it to my husband, and he went after the prisoner.
SARAH ORAM . My husband keeps a shop at Hendon, very near to Mr. Le Marie. On the 1st of April, the prisoner came for a quarter of an ounce of tobacco—it came to 1d—he gave me 1s.—I called my son, and gave him the shilling to get change at Mr. Le Marie's—he took it, and came back with Mr. Le Marie, flung the 1s. on the counter, and said it was bad—Mr. Le Marie took it.
Prisoner. You took the shilling and put it into the till, and pulled out a sixpence, and then you took a shilling out, and threw down for your son. Witness. No, I did not put the shilling into the till at all, because I knew I had no halfpence—I am positive the shilling I took from the prisoner was the one I gave to my son.
HENRY ORAM . I took the shilling to Mr. Le Marie—I gave it into his hand—he gave me a shilling's worth of halfpence, and as I was going out be called me back, and said it was a bad shilling—I went back to my father, and detained the prisoner—he was accused of uttering a bad shilling—he said he did not know it was bad—we were going to take him to the Magistrate, and when we got a little way, he ran off—I ran three quarters of a mile after him, and took him.
LUKE PARTRIDGE . I am a constable. I was sent for, and found the prisoner in another public-house, in custody of Mr. Le Marie—I found on him 6d., a fourpenny-piece, and 1d.—he said it was the change he had from Mr. Le Marie—I asked how he came to tender a shilling to pay for a penny-worth of tobacco when he had got a penny—he said he did not know.
Prisoner. I did not know whether the shillings were good or bad.
GUILTY . Aged 24.— Confined Six Months.
BENJAMIN HOWSON . I live in Barbican. On the 1st of April the prisoner came to my shop, asked for a twopenny memorandum-book, and gave me half a crown in payment—I gave him two shillings and a fourpenny piece in change—I examined the shillings before I gave them to him, and am sure they were good—when he got to the door he turned round, and asked if the memorandum-book had any almanack to it—I said, "No"—he said, "Then it won't do"—he came back, and put two shillings and a fourpenny piece on the counter, and I returned him the half-crown—he instantly went out—I looked immediately at the shillings, and found one was bad—I bent it—I went after him about twenty yards from the shop, brought him back, and asked him to give me the good shilling—he said he had not got it, and wished me to let him look at the bad one—I would not, and sent for an officer—no shilling was found on him.
Prisoner. I gave him the same two shillings he gave me. Witness. I am sure he did not—I saw him with his hands to his mouth, and consider he swallowed the shilling.
Prisoner's Defence. I never put my hands near my mouth.
GUILTY . Aged 17.— Confined Six Months.
NOT GUILTY .
NOT GUILTY .
1275. JAMES WELCH was indicted for stealing, on the 12th of March, 2 forks, value 1l. 10s.; and 3oz. of silver, value 1l. 10s., the goods of Charles Grey Round: and THOMAS KILEY and JOHN LOONEY , for feloniously receiving 3oz. of silver, part of the same, well knowing it to have been stolen; against the Statute, &c.
MR. BODKIN conducted the Prosecution.
JOHN PRYKE . I am servant to Charles Grey Round, of Regent-street On Tuesday, the 12th of March, I missed two forks of his, about eleven o'clock in the day—I had seen them safe on the Monday—they were kept in a cupboard, just above the basement floor—the prisoner Welch came there to work regularly, for nearly a month—he was there on the Monday and Tuesday—he had access to a cupboard under the one where the plate was—the door of the plate cupboard was unlocked—Welch generally came at seven or eight o'clock in the morning, and stopped till ten or eleven o'clock.
Cross-examined by MR. DOANL. Q. Does Mr. Round occupy the
whole house? A. No, he has furnished apartments, except finding useful articles—I have been in Mr. Round's service four years nearly—I know the folks were his, and they had his crest on them.
JOHN DEANE FAULKNER . I am a jeweller, and live in Great Titchfield-street. On the 12th of March the prisoner Looney came to my house, between, four and five o'clock in the afternoon, he brought this silver, and asked me to buy it—I asked him where he got it—he said he picked it up in Regent-street—be produced one piece first, and then this other piece—I detained him, and told him there had been another piece brought to me in the early part of the day—I asked him where he lived—he said at Mr. Jackson's, opposite—I went there with him—his master was not at home, and I left him there—I had had a piece brought to me before, but not by either of these boys—after this, about seven or eight o'clock in the evening, Looney and his mother came to me, but I had before that been out to make inquiry—I told Looney that I had been with his master in the neighbourhood, and that some other part of the fork had been sold at Mr. Plumb's—Looney said he had sold a part to Mr. Plumb—I then went to Mr. Plumb's with Looney—Looney then told me that a piece had been taken to Mr. Pick-man, in Albany-street, but I forget whether he said that he had taken it.
Cross-examined by MR. PHILLIPS. Q. What did you say when Looney and his mother first came? A. I told him it would be better for him to confess what he had done.
JOHK PLUMB . I am a jeweller. On the 12th of March Looney came, and sold me a piece of silver, which I have here—it is part of a spoon or a fork, with a crest on it—I asked where he had got it—he said he had picked it up in Titchfield-street—I had it weighed, and gave him 2s. for it.
Cross-examined by MR. PHILLIPS. Q. Had you known this boy before? A. I had not—I looked at this silver before I bought it—I saw clearly it was part of a spoon, and here is a sort of crest, which has been sought to be erased, but it is in a different state now—it was then doubled up, as if a cart-wheel had gone over it—I could not see whether there was a crest or any thing else on it—a boy, who was at the Magistrate's office, straightened it—it was in one piece then, and was broken into two afterwards—Looney gave me his right address, and it was true that he lived at Mr. Jackson's.
JOHN DILLEY . I live in Rebecca-court, Well-street, Oxford-street. I know the prisoner. On the 12th of March, about six o'clock in the evening, I saw the prisoner Kiley standing at the top of Rebecca-courtr—in about ten minutes I saw Looney come across the road—Kiley went to him, and said, "Will you sell a little bit of silver for me?"—Looney said, "I can't, I am going to my tea: where did you get it?"—Kiley said, "I picked it tip at a fire"—he pressed him to go, and said he was very hungry, and he wanted to buy a pair of trowsers—upon that Looney said he would go—I saw Kiley take something out of his pocket, and give it him, but I did not see what it was—Kiley said to him, "Don't go to Faulkner's"—Looney said, "Why not?"—Kiley said, "Because don't—they then parted—I went to tea, and when I came up again Looney and Kiley were in the court, and Welch was at the other corner—I then heard Looney tell Kiley that Mr. Faulkner had taken it away from him—he said he should get into a row, and said he had told Mr. Faulkner who his master was—Looney then went away, and Kiley stopped at the top of the court—Welch's mother then came, and asked where her little boy was—I said,
"There he is, at the other corner"—she collared him and took him away and said he had been out all night.
WILLIAM PICKMAN . I live in Albany-street, Regent's Park, and am an artist and watchmaker. On the 12th of March, about one o'clock in the day, Kiley came, and offered to sell me a piece of silver, which I have here—I asked where he got it—he said he saw some policemen driving some boys along by the railroad, and after they were gone he picked up this—I asked if he had any more, and he produced these other two pieces—he asked me if I would buy it—I said no, but I would stop it—I told him to come the next morning, and I would tell him all about it—I went to the station-house.
WILLIAM ECKETT (police-constable D 54.) I was at the station-house when Looney was brought in—his friends came afterwards, and brought Dilley, and in consequence of what they said, I went to Buckridge-street, and found Kiley in bed, with his clothes on—I went to Titchfield-street, and found Welch in bed with his brother—I said I wanted him for robbing his master of two forks—he said nothing, but burst into tears.
JOHN TEDMAN . I am a police inspector. I remember the prisoner Welch being brought in—I told him he was charged with stealing two forks—he said he had met a person a few days previous, who asked him where he lived, and he had told him—and the person said, "Is there any thing is the house you can steal, if there is we will divide the money between us; is there any plate in the house?"—that he said, "I believe there is"—the other said, "Try and get it"—and he took the forks, and gave them to him.
Cross-examined by MR. PHILLIPS. Q. Has it not the appearance of having been in the fire? A. It has.
WELCH— GUILTY . Aged 17.— Confined Five Days.
KILEY— GUILTY . Aged 17.— Transported for Seven Years.
LOONEY— NOT GUILTY .
MR. PHILLIPS conducted the Prosecution.
THOMAS MORETON . I live at Edmonton, and am a licensed victualler. I came to town on the 2nd of January, and went to the London Docks to inquire for the ship Cancer, from Sydney—I met with a very respectable man as I thought, who asked what ship I was looking for—just as we were coming out of the Docks the prisoner joined us—the other man and him did not appear to be acquainted—the prisoner said, "These are very fine docks, gentlemen"—I said, "Yes, but I never was here before"—the other man said, he had never been there before—they then said, "Let us go and have a drop of gin-and-water," and we went into a public-house—we each of us paid for our own glass—the prisoner sat at another table, not where I was—after a while the prisoner said he had just come out of Bethlehem—I asked what for—he said he had been clerk to old Jemmy Wood, of Gloucester, and he had left him a great deal of money, that he did not know what to do with it, and he gave a bullock to be roasted entire to the people, and the corporation had him taken up—I asked him who got him out of Bethlehem—he said, "Alderman Wood, of London"—I
asked where was the certificate of his discharge—he said he had left it at home—he then put his hand into his side pocket, and pulled out a great roll of notes which looked like Bank of England notes—he said he had plenty of sovereigns likewise—he said he had got so much money left, he did not know what to do with it, and he would give 10l. to me, and 10l. to the other man, to give away in charity—I said, "It is very strange, you must get a friend to give your money; can't you do it yourself?"—he said he had been to the Bank, and sold out 300l., by Mr. Jackson, the stock-broker—I did not stop with him more than half an hour—we then all three came out, and crossed Tower-hill—the other man went one way and the prisoner another—I took a cab and went to Bishopsgate—I had asked the other gentleman what he was—he said he was a general shop-keeper at Ipswich—I asked what inn he put up at, and he said, "The Four Swans, Bishopsgate-street"—I said, "Do you make that your board?" he said "Yes"—I said I should be in town the next morning, to go to Mr. Calvert's, as I had some business to do there—I came to town the next morning, by the omnibus—when I got out at the Four Swans, this respectable shop-keeper met me, and appeared very glad to see me—we walked up Bishopsgate-street together, and the prisoner joined us—we all three walked along till we got to Abchurch-lane—I said I was going to Calvert's, and the respectable man said he was going to his shop-keeper's, near London-bridge—we all went into the White Hart tavern—we called for two sixpenny-worths of gin-and-water, and that was all we had—I left there, and went to Calvert's, and drew out 200l. in four £50 notes—I returned to the White Hart, and sat down—the prisoner said he could not think of giving away his money, without I could show my respectability equal to the other—(the respectable man had said that he could show he had got money)—I said I could show that I had got some—I then pulled out my money, and the other man pulled out his 100l—the prisoner then took a chair, and came and sat opposite to us—I laid down my four £50 notes, and the prisoner laid down his, and the other man laid down his—the other man then said to me, "I will take care of your money, and put in your fob for you"—he leaned against me, took up my money, and shoved it along to the prisoner—I do not know which took it—I never saw it any more—the other man kept me down, and said he would put my money into my fob, and he kept me down sideways till he put it in as I thought—the prisoner then said he would go and fetch a stamp—I asked the other man what he wanted a stamp for—he said he did not know, and that he would go and get a sheet of paper, which would do just as well, and off he went—I then looked at my pocket, and found I had only a dirty hand-bill and a bit of paper—I went to the bar, and told the lady that I had been robbed of 200l.—I ran out, and had it not been for the number of turnings, I am sure I must have caught the other man—he did not go across Abchurch-yard, or I certainly must have seen him—he could have got but a very few yards, I am sure, before it struck me that I was done—I went down to Bristol last month, and saw the prisoner there in prison—I looked at him very hard, and I said to myself, "That is certainly the same man, but he is not in the same dress"—I was not with him on the second day above five minutes before I went to Calvert's, and not more than a quarter of an hour in all—I had a good opportunity of seeing him—the waiter came in while we were all three drinking in the
room, and he saw us at the door when we went in—I asked him if we could have some gin-and-water.
Cross-examined by MR. PAYNE. Q. What business were you before you met these people? A. I was out of business then—I had been in the public line for 10 years—I did not see the prisoner after the 3rd of January till I went to Bristol.
Q. Upon your oath, when was the next time you saw him? A. The next time that I think I saw him was at the gate at Union Hall, handcuffed, with another man who was tried at Horsemonger-lane for the same kind of offence.
Q. Was he not pointed out to you distinctly by the officer, and did you not say, "That is not the man, nor nothing like the man?" A. No, sir—I said, according to his dress when he got out of the van, that he did not appear like the man—I did not say, he was not the man nor any thing like the man, to my knowledge—this was some time in February—it rained very hard when he got out and I did not stop—I was told that two men were coming and I went to look at them.
Q. How came you to believe all these tough stories? A. Why, I was taken by surprise about old Jemmy Wood—I did not make an appointment to meet either of them the next day, but I came to the Four Swans, as I always do.
Q. At Bristol you said to yourself, you thought that was the man? A. Yes—I went to the Court, and when the prisoner and another man were brought in, the prisoner turned as yellow as saffron, and he tuned quite black—he hung his head down and fetched two sighs—when the jailer came up to the Court he called me on one side and said, "Do you know what the prisoner has been saying to me?"—"How should I know?" says I—the prisoner was in the same room, but I cannot tell whether he heard it—the jailer said the prisoner had said that I was the old man that was robbed in the City.
COURT. Q. Have you now any doubt about the prisoner being the man? A. I have not the least doubt of it.
ROBERT HEAVEN . I am waiter at the White Hart tavern, in Abchurch-lane, and was so on Thursday the 3rd of January—I remember seeing the prosecutor there about twelve o'clock—the prisoner and another person were in company with him—I am sure the prisoner is the man—I had not known him before, but I have not the least doubt that he is one of the men—I took therein two glasses of gin-and-water—the prisoner paid me 1s.—I heard that day about the prosecutor's being robbed—on the 20th of March I went to the Mansion-house—I saw about fifteen persons there—the prisoner was among them, and I picked him out—I knew him instantly.
Cross-examined. Q. Has your house a pretty good business? A. Yes—we have a good many people there at certain times—I took particular notice of him.
MR. PHILLIPS. Q. What was it that caused you to take particular notice? A. The three of them being rather remarkable, and the prisoner gave me only 1s. for the gin-and-water, but gave the waiter nothing.
FREDERICK NELSON WATKINS . I am a Sheriff's officer. On the 14th of March, I went to the Gloucester-house tap, Hot-wells, Bristol—I stationed myself under the stairs—I could not see any person, but I was in such a situation that I could hear every word—I went into the room
from whence the conversation seemed to issue, and John Hodges only was there then—a farmer was going down the stairs and the prisoner after him—I saw them.
Cross-examined. Q. You don't mean to swear that the prisoner was there? A. Yes, I do—I saw him coming from the room, and there was no other party in the room but his comrade.
MR. PHILLIPS. Q. Tell us now what conversation you heard between these three persons? A. I heard a proffer made by one party to the other to give him a £5 note or a £10 note, either that he thought proper to accept, the party stating that he was a clerk to old Jemmy Wood, the old meeserly banker of Gloucester; and the reply was made by one in the room, "I don't see why you should give me 5l. or 16l.;" and then it was said, "Do you doubt my competency? do yon doubt my wealth? I have so much money left me by Wood that I do not know what to do with it, and I will give you 5l. or 10l."—there was then some conversation about taking more grog, and one of them proffered a journey to see the Great Western—the farmer then descended the stairs, and I called him on one side—the prisoner then descended the stairs, to follow the farmer, and I instantly took him into custody, and pushed him into the bar—I did not wait for any reply from him, but put him into custody of a man of mine—I then ascended the stairs, and brought the other down—I pushed him into the bar also—I afterwards found by the side of the chair, between the prisoner and his companion, 2515l. in fictitious bills—these are them—(producing them)—there are three different sorts of them—the prisoner was searched in my presence, and this knife was found on him, it is to cut apparel to as not to cut the body or the thigh in doing it—he had nothing else bats few shillings, which I returned him—I charged him with this robbery of Mr. Moreton—he denied it, and was very abusive and daring to an extreme—I took him to the lock-up-house, and the following day I took him before the Magistrate—he was remanded—the prosecutor came down to Bristol, he saw the prisoner in Bridewell, and knew him instantly on his coining out of the cell.
Cross-examined. Q. How came you to be hunting after cases of felony? A. I am constable of Barton Regis.
MR. PAYNE called
SARAH MARTIN . I live in Church-street, Deptford. I saw the prisoner on the 1st, 2nd, and 3rd of January, and he had black eyes on all those days—on the 3rd of January I took tea with him and his wife, between five and six o'clock—his house is in Church-street, Deptford—I was not there many minutes before tea—the tea-things were on the table—I had been there in the morning of that day, between ten and eleven o'clock, for some greens and potatoes—he keeps a shop, and sells potatoes, greens, and coals—he has three children.
MR. PHILLIPS. Q. You have known him a good while I suppose? A. I have known him eight or nine years—not all the time at Deptford, Part of the time at Rochester—all the time keeping a shop—I have known him about two years at Deptford—I have seen him in the shop, but his wife always served me—I was not intimate in the family, only by using the shop—I believe the 1st of January was on a Tuesday—I will not swear he had a black eye on the 31st of December—I did not see him that day—I had not seen him for a fortnight, or it might be longer, before the 1st of January—I will not say whether I saw him on the 4th of January—I
did not know of his being taken up on this charge—the first time I heard of it was when his wife came to me and said, "Recollect it was on your birthday when you came to drink tea with me"—I had drank tea there two or three times before—I did not see him in March—I might have seen him in February—I will not say that I had seen him in January after the first three days—I have always known him by the name of Brown, I never heard of his going by any other name—I never heard of his being in custody till this time—I will not say that I had seen him during December, or November, or October—I might have seen him in September, but I will not swear it—I drank tea, on the 3rd of January, with the prisoner, his wife, and his three children—the eldest is nine years old—the prisoner did not serve in the shop that day—he sat by the fire, with his slippers on, when I went in the morning, and in the afternoon he was just in the same situation—I do not know how far the London Docks are from his house—I go frequently to the shop, but I could not name any day or any month in which I saw him—my birthday is on the 3rd of January—I never saw a note like those produced by the officer—I do not consider that I ever saw a Bank-note in the whole course of my life—I am single, and am a laundress.
MR. PAYNE. Q. Did his wife desire you to come? A. No—she did not tell me what to say—she told me to tell the truth—at the time I saw him he was more at home than at other times, on account of his swelled face and black eyes.
COURT. Q. You particularly recollect that he had black eyes? A. Yes; on those three days—it struck me as a particular circumstance—he said he had got fighting in London, J believe, but he did not satisfy me who he was fighting with, or any thing about it, or on what subject, or how he came to be fighting.
JAMES GREEN (police-constable M 39.) I have been subpoenaed to give evidence in this case, I have not come voluntarily—I know the prisoner—I saw him in custody a few days after Christmas—I cannot say on what day—his face was swollen, and he had two black eyes—this was at Mr. Powell's, the Griffin, in Church-street—I went in there, because there was a great disturbance and fighting in the tap-room—it might be about three days after Christmas—I cannot say the day—his face was in such a state that I am sure it could not be well on the 2nd of January.
MR. PHILLIPS. Q. How long have you known the prisoner? A. No great while—I knew him before Christmas, by seeing him about at public-houses, and places, when I have been on my duty—I have spoken to him—I never knew of his being taken up till I was summoned to the Mansion-house—he was there, but I did not go before the Lord Mayor—I was not called upon—I did not tender my evidence—I do not know who gave me the subpoena to come here—I was in bed when my wife brought it up stairs to me—I knew the prisoner by the name of William Brooks—I never knew him by the name of John Brown—I never had him in custody—I have constantly seen him about the streets of London—I might have seen him about once a week or a month—I do not know where he lived—I do not know how I came to be summoned before the Lord Mayor—I never mentioned about seeing the prisoner with black eyes till I was summoned.
MR. PAYNE. Q. If the prisoner was at the public-house at the time of this disturbance, he would see you there? A. Yes—he could subpoena me if he thought proper—the police-sergeant gave me my summons, and I
went to my superintendent, and asked leave to go—he said, "By all means go, and speak the truth"—I went to make my statement, if I had been called—I was ready to give my evidence as I have to-day—I received a subpoena yesterday morning from a quarter to ten minutes before ten o'clock—I have no friendship with the prisoner.
COURT. Q. What house was this you were called into? A. The Griffin, in Church-street, St. George's, in the Borough—they fought in. front of the bar—I think this was two or three days after Christmas—there was a great deal of blood over the prisoner—I did not see him after he was washed—his eyes were swelled and black to that degree that any person might see it—I do not know how long it would take to bring the swelling down—I should say it could not be well in a fortnight—I had one tome time ago, and it took nearly three weeks to bring it down.
JAMES SMITH (police-constable M 82.) I have known the prisoner four or five months—I am not a friend of his in particular—I saw him at the Griffin public-house, near St. George's church, about the 28th of December—his face was very much swollen and blackened—his eyes were black, and quite puffed up—I should think his eyes could not be well by the 2nd of January—I was summoned to go to the Mansion-house, but could not go—I was subpoenaed here.
MR. PHILLIPS. Q. What is the prisoner's name? A. I have always known him by the name of Brooks—I think it was John Brooks—I knew him by seeing him about in the street occasionally—I do not know that I ever spoke to him—I had no particular reason for remarking him—I knew his name by hearing our men talk about him—they have said, "That is Brooks," as he passed by—that is the only means I have of knowing him—I never saw him in custody.
JOHN WOODHOUSE (police-sergeant M 13.) I saw the prisoner in custody with another person, on the 28th of January—I went to show the prisoner and Johnson to the prosecutor, Mr. Moreton—he said neither of them were any thing like the man.
MR. PHILLIPS. Q. Did you go before the Lord Mayor? A. No, I did not know the prisoner was in custody on this charge till after the constable came from the Mansion-house—the prosecutor saw the prisoner at Union Hall—he was in custody on the 19th of January, and had three re-examinations—it was on the second examination the prosecutor saw him—I cannot say the date—he was dressed as he now is—I have known him two or three years—he has lived sometimes in town, but mostly in the country—I have always understood him to be a thief—I have known him by the name of Lay and Brooks—I never knew him to follow any occupation—I did not know where he lived in town—he was in custody on the 19th of January—I had seen him about a month before that—I dare say I had met him two or three times a week—it rained on the day of his second examination—it had been raining very hard.
COURT. Q. When you saw him on the 19th, did you observe that he had black eyes? A. No.
Prisoner. There was only one in the Mansion-house when the waiter first came—I was there an hour by myself—I am taken for another man that there is a reward for the apprehension of—there are plenty of officers who know the party that did wrong this man—I am innocent.
GUILTY . Aged 33.— Transported for Fifteen Years.
Fifth Jury, before Mr. Sergeant Arabin.
MR. CLARKSON conducted the Prosecution.
WILLIAM SHORE . I am a farmer, living at Feltham. I have man in, my service of the name of Holmes—I had some sheep in my field, and on Saturday, the 9th of March, I directed some trusses of tare hay to be conveyed to those sheep, from a stack on my premises—it had been cut while it was in flower, and there was a layer of clover placed in it—I seat twelve trusses to the field, and on the next morning I received intelligence, went to the field, and found four trusses were gone—I observed some remains of hay about the premises—I traced it a long distance—I spoke to Thorp, the constable, and put him upon the track—I went with him within 400 or 500 yards of the prisoner's house, which is about a mile from the field where the sheep were, and in the way that he carried the hay I saw the tracks of the tare hay all the way I went—the prisoner keeps a beer-shop—I went into his shed—I found the tare hay there, nearly all we had lost—they had pulled the trusses to pieces, and his horse was eating it at the time—there was a portion of the clover layer among it—my hay was cut in the flower, if it had been ripe the con would have been in the ears, but here are the ears, but no corn—I desired the constable to take the prisoner into custody—I saw the prisoner on Monday morning, the 11th of March, at my own house—I asked him how he came by it—he said he did not know any thing about it.
Cross-examined by MR. PAYNE. Q. How came he at your house? A. He came with the constable—I swear the hay that I saw at his shed was the same that I had on my premises—it was a very uncommon sort—I had inquired of all my neighbours—I never saw any like it in my neighbourhood.
WILLIAM HOLMES . I am in the prosecutor's service. I remember his ordering me to cut this tare hay for the sheep—I cut the trusses from the rick—I knew the stack had a layer of clover in it—I put these twelve trusses under the rick, and sent them the following afternoon, by a boy, to the sheep field—I afterwards saw the hay found in the prisoner's shed-it was the same that I had cut.
Cross-examined. Q. Where did you see it? A. When it was brought home—I sent the hay by a lad named William—I knew it by the layer of clover in it.
MR. CLARKSON. Q. Did you build the rick yourself? A. I helped to do it, and saw the layer of clover in it.
THOMAS CULVER . I am sheep-boy to the prosecutor. On the Saturday afternoon, I was in the field, and received twelve trusses of tare bay. which I put under the cart in which I sleep—I went to supper about five o'clock—the hay was all right then—there were ten trusses—I had given the sheep two, I came back again, about half-past eight, some trusses were then gone, but I could not tell how many, as it was then dark—I did not go to tell my master that night, because I was afraid somebody would come and steal the sheep if I did—I staid with the sheep all night, and told my master in the morning.
applied to me on Sunday, the 10th of March—I went near the prisoner's house, where I saw some tracks of tare hay—I traced them to the prisoner's yard—I went into the shed, where I saw some hay that appeared to be meadow hay, hut on removing that I saw some tare hay under it, there was about the quantity the prosecutor said he had lost—I sent for a horse and cart, and took away the hay, which the prosecutor identified—the prisoner was not at home, but I went and met him about one o'clock, as he was coming from church, I told him I must apprehend him on account of Mr. Shore's robbery, and I had found some hay on his premises—he said he did not know there was any hay on his premises—he then said it had grown in his garden, that he had had it in the yard all the winter, and a few days before he had placed it in the shed—he then told me he had bought it of his brother-in-law, Mr. Wicks, and then that he had bought it of Mr. Cromwell—I am judge enough of hay to know that there is not such hay as this in all the parish—I have inquired of all the neighbours round.
Cross-examined. Q. Was it the same sort of hay you traced? A. Yes, and some of it I traced over his gate into his garden.
(James Miller, a brewer, at Kingston-upon-Thames; and Charles Rye, gave the prisoner a good character.)
GUILTY . * Aged 34.— Transported for Seven Years.
1278. JOHN CONNOLLY was indicted for stealing, on the 22nd of March, 16 plates, value 4s., and 3 water-plates, value 4s. 6d., the goods William Collison: and that he had been before convicted of felony.
SARAH COLLISON . I am the wife of William Collison, a licensed victualler, and live in President-street, King-square, St. Luke's. On the 22nd of March I found the prisoner in our water-closet, with sixteen plates, and 3 water-plates—these are them.
Primer. Q. Was there no one else in the yard? A. There was no one else in the water-closet.
ELIZABETH JONES . I live at the prosecutor's. I was sitting in the kitchen, on the night of the 22nd of March—I heard some plates rattle in the cupboards—I waited a little while, and heard the rattling again—I stood up, took the candle, and opened the cupboard door—I saw the prisoner take three water-plates out—he took them to the water-closet—I pursued him there, and called my master and mistress.
Prisoner. I was taken very bad when I got to the yard—a young man went into the water-closet, and when he came out I went in—it was dark—I did not see any one else—the servant said she saw my hand take the plates—it must have been the hand of some other person.
GUILTY . Aged 22.— Transported for Fourteen Years.
police. On the 2nd of April, I met a constable, and from what he said we went to an empty house on the top of the tunnel, at Kensal-green—he then showed me a pump which had the wood cut through, and then where another leaden pump had been cut down—he said it had been behind a chimney, an hour and a half before, but it was then gone—we looked about, and could not see it—we got over a wall, and went along the Harrow-road, for thirty or forty yards, we then turned and saw the prisoner Henry—we took no notice of him—we turned again, and saw the prisoner Robert, and another brother of his—the two prisoners had this property in bags, on their heads—I have put the parts together, they form this pump—I asked where they got it from—they said from that house, (pointing to the house we had been to) and they did not think any harm of it, but they were sorry for it—I know this pump well—it belongs to the London and Birmingham Railway Company—I produce their Act of Parliament.
ROBERT SELF— GUILTY . Aged 12.
HENRY SELF— GUILTY . Aged 18.
Confined Three Months.
1280. THOMAS LAWRENCE was indicted for stealing, on the 28th of March, 1 box, value 7s.; 1 hydrometer, value 8s.; 1 thermometer, value 8s.; 2 rules, value 14s.; and 1 toy, value 2s.; the goods of Francis Goode.
SARAH GOODE . I am the wife of Francis Goode; he keeps a victualling-house in the Mile-end-road. The prisoner was introduced to our home in March, and he came the next day, the 28th, and asked for the person who introduced him—he sat down in the bar—he looked about and we suspected him—I left the bar for a short time—he paid for what he had had, and left—we then missed the hydrometer and thermometer in the case complete, and locked.
Cross-examined by MR. DOANE. Q. Did you observe that he had been drinking? A. I observed very little about him.
GUILTY . Aged 42.— Confined Three Months.
PHILIP READ . On Sunday night, the 24th of March, about a quarter past ten o'clock, I was in Burton-crescent—there was a woman begging charity, and the prisoner was by her side—I was going to give the woman a penny, when I missed my handkerchief from my jacket pocket under my coat—as soon as the woman saw me put my hand into my pocket, she fell down, and appeared to be in a fit—the prisoner ran off—I pursued, took him, and took my handkerchief from him.
Prisoner. My mother and myself met the prosecutor that evening—my mother asked him for charity, and he knocked her down—we then walked to the corner of Camden-street—he took out his handkerchief twice, and put into his pocket again, and then he took it out a third time, and said I had had it, and gave me in charge.
GUILTY . Aged 10.— Transported for Ten Years.—Convict Ship.
DENNIS POWER . I am a policeman. I was passing Mr. Young's shop, in Charlotte-street, Whitechapel, on the 27th of March, at half-past eight o'clock in the evening—I saw the prisoner inside the counter, with hisflund in the till—he took something out, and passed it from his right hand to his left, and from the noise I supposed it was copper—I saw him put his hand in the till a second time—I went in, and he let what he had in his hand fall—I said, "What are you doing; robbing the till?"—he said, "I have just come in for a halfpennyworth of milk"—I took two penny pieces from his right hand, and two from his left—he said, "That three-pence halfpenny is mine"—I said there was fourpence—Miss Young found 61/2d. in the corner of the till, where I had seen the prisoner drop the money.
Prisoner. I went in for a halfpennyworth of milk—I had 4d. in my hand which I had pawned something to get.
GUILTY . * Aged 16.— Transported for Seven Years.—Convict Ship.
JOHN NAPHTHALI HAST . I am a watch-maker, and live in King-street, Finsbury—the prisoner was my errand-boy for three weeks. I gave him fire sovereigns, and one shilling, on the 10th of Ianuary—he was to get silver for the sovereigns, and copper for the shilling—he never returned—I have not had the money—I went to his residence, but could not find him till about three weeks ago.
GUILTY . Aged 15.— Transported for Seven Years—Isle of Wight.
THOMAS UNDERWOOD . I am shopman to Mr. Harding of Hoxton. I lost a half-crown from my waistcoat pocket—it was there when I got up in the morning, and when I went again it was gone—the prisoner had lodged there about a week—I spoke to him about it, and he denied it—the officer found it on him.
Prisoner. The pawnbroker gave me the half-crown.
NOT GUILTY .
1285. RICHARD DYER was again indicted for stealing, on 15th of March, 4 spoons, value 4s.; and 1 pair of sugar tongs, value 6d.; the goods of Jane Lane; and that he had been previously convicted of felony.
Prisoner. I was in distress—I intended to redeem them—Mrs. Lane said she would forgive me if I told her.
GUILTY . Aged 31.— Transported for 14 Years.
GEORGE FELTHAM . I am a police-inspector. I met the prisoner last Saturday night, at eight o'clock, in the Harrow-road—he bad a round frock on, and was carrying this kettle under it—I asked what he had got—he said what he had was his own—that he brought it from his boat, and was going to take it round to another boat—he then said he was going to take it to be repaired—I told him to take me to the boat he had takes it from—he took me to a boat, but the man said no kettle had been takes from there.
WILLIAM WHITLOCK . I am a foot-boy. My mistress gave me this kettle for clearing out two cellars—I put it under a water-butt—the prisoner had been employed in doing jobs, and we never missed any thing before.
GUILTY . Aged 22.— Confined Three Months.
JAMES PINK . I live with Henry Sidney Down, a hatter in Holborn. The prisoner was his porter. On the 6th of April, the boy in the shop gave the prisoner a hat in a box to take to Mr. Beeton's, in Bloomsbury—the gentleman came afterwards to inquire for it.
Prisoner. I pawned it, being Saturday—I did not think it was particular to go home that night—I did it to make up a sovereign I lost, for fear I should be turned away.
GUILTY . Aged 22.— Confined Three Months.
OLD COURT.—Saturday, April 13th, 1839.
Third Jury, before Mr. Sergeant Arabin.
1288. JOHN HOUSE was indicted for burglariously breaking and entering the dwelling-house of Caleb Harvey Brook, at St. James, Clerken-well, about the hour of twelve, in the night of the 12th of March, with intent to steal, and stealing therein, 1 clock, value 5l. 10s.; I cruet stand, value 2l. 10s.; 7 cruets, value 2l. 10s.; 1 pair of snuffers, value 5s.; 1 chimney ornament, value 6d.; and 1 knife, value 6d.; his property: 2 seals, value 2l.; 1 ring, value 5s.; 1 watch, value 5l.; 1 pair of spectacles, value 1l.; 2 thimbles, value 4s.; 2 cloaks, value 1l. 5s.; 1 shawl, value 4s.; and 1 knife, value 1s.; the goods of Mary Lyons.
SETH EASTWOOD . I am a policeman. On the 12th of March, about four o'clock in the morning, I met the prisoner in York-place, City-road, about two hundred yards from the prosecutor's house, carrying a large bundle on his shoulder—I asked him what he had got—he said, "A dock"—I asked him where he got it from—he said, "From a gentleman's in Tottenham Coart-road"—I asked him where he was going to take it to—he said, "To Mr. Beeche's, in Chiswell-street"—I asked him what Mr. Beeche was—he said, "A clock-maker," and he was going to take it to be repaired—I asked him what sort of a clock it was—he said, "A striking clock—I asked him to let me look at it—he took it off his shoulders, and put it on the pavement—I untied it, and there was a clock, a cloak, and a silk scarf—I told him to tie it up again, which he did—I said, "You must go with me to the station-house"—he took the clock, put it on his shoulder—we were going together—he said, "I shall not carry it any further"—he set it down on the pavement, made a plunge, and got away—I pursued, and took him again, after running about a hundred yards—I took him to the station-house, and found on him two knives, a house key, a China ornament, and part of a box of lucifer matches.
Prisoner. Q. Did you find any house-breaking implements upon me? A. No.
JOSEPH SEAMAN . I am a policeman. I heard the cry of "Stop thief"—I ran into the City-road—I did not see the prisoner—I saw the property lying on the pavement—I took it up while Eastwood went in pursuit.
MARY LYONS . I am servant to Mr. Caleb Harvey Brook, who lives in the parish of St. James, Clerkenwell—it is his dwelling-house. On the night of the 12th of March I fastened the place up, and went to bed, at twenty minutes before eleven o'clock—every thing was then seem—I got up a little before seven o'clock in the morning—when I got up I mated the clock from a bracket on the staircase; a cruet-stand, and ehintney ornament, from the parlour; and the other articles stated from the kitchen—I found the kitchen window open, and the back door leading into the garden unbolted—some tiles and bricks were taken off the wash-house, and a hole made, but not sufficient to let a man in—he must have got in at the window, which I had shut the night before, and the shutter alio, in the regular way—(looking at the property)—this cloak and shawl are mine—the dock and other things belong to my master—I found a piece of wood in the wash-house, with which the shutter seemed to have been opened.
THOMAS HOBBS KING . I am a policeman. In consequence of information, on the morning of the 13th of March, I went and examined the prosecutor's house—I found four rooms down stairs in great disorder—some tiles and bricks were removed from the back wash-house, and a hole made in the ceiling, but they had not succeeded in getting in there—some brick-work was also cut away from about the back kitchen door—they had then forced the shutter open, and got in—I found a large club stick standing by
the kitchen door, a pipe on the table, and bread and cheese, and some cheese in the garden, and a number of foot-marks—more than one person had been there—I traced foot-marks at the back of the next house, and a lid was taken off the cistern at the top of the wash-house of that house—I examined the prisoner's shoes with some of the foot-marks, and they tallied.
Prisoner's Defence. On the night in question a party came to my house about half-past one o'clock, and wanted me to take care of some think and to meet them by the Angel at a quarter past three o'clock—ther brought me the articles in question, which I was stopped with—the reason he gave why they did not take them himself, was that they were known to the police about there, and one was in the watch and clock line himself—I did not, I must conscientiously say, ask whether the property was honestly come by, but took it—at the last examination I gave a letter to the Magistrate, and told him the whole truth—he asked if I wished the letter to be brought to the Court, and I said I did wish it to be shown to the Judge—I told the policeman the name of the person who gave me the property.
GUILTY . Aged 29.— Transported for Life.
CHARLES EAST . I am in the service of Peter Pige, of Church-street, Bethnal-green. On the 25th of March, I received information that a shawl was taken from inside the door—I went out immediately about fifty yards—I returned, not seeing any body, and met the prisoner with the shawl in her apron—I have known her many years.
(The prisoner begged for mercy, and received a good character.)
GUILTY . Aged 43.— Confined One Month.
Before Mr. Justice Coleridge.
SIR FREDERICK POLLOCK and MR. BODKIN conducted the Prosecution.
EDWARD WILLIAM BUNNEY . I was acquainted with the deceased, Mr. Joseph Alsop; we were fellow-pupils in the house of the Rev. Mr. Stunner, curate of Hayes—Mr. Dalison was also a pupil there. On Saturday morning, the 9th of March, Mr. Dalison was about leaving the establishment—he left about ten o'clock in the morning—I had not taken leave of him, as I did not expect the coach to go away—he intended to go to the Adam and Eve to order the coach to come, and I was going to see him off—I and Mr. Alsop had been with him in the hall that morning before he left—I do not recollect that the prisoner came down stairs while we were in the hall—I had seen him at breakfast that morning—Mr. Dalison was in the room at breakfast too—within two or three minutes after Dalison bad left, I was in the dining-room with Mr. Alsop and Mr. Sturmer—that is the room in which we usually studied—I was kneeling on the floor to get a book from the lower shelf of a book-case, when the prisoner entered the room, and said, "What do you think that blackguard who has gone away has done? he has broken the glass of my watch"—he addressed that observation to Mr. Sturmer—Mr. Sturmer immediately said, "I wonder you have not knocked him down before"—the prisoner
answered that he should have done so, if he had not been afraid of soiling his hands—Alsop then said, "You are a liar"—I heard nothing more—I then looked round—Medhurst was then by the fire-place, and Alsop at the corner of the table, near me, near the book-case—the prisoner was in his dressing-gown, and had his stick in his hand, raised up when I looked round, and he immediately struck the deceased on the head—(looking at a stick)—it was a stick very like this—I did not notice whether he had his witch in his hand—the blow was aimed at Alsop's head, but he raised his arm to ward off the blows, and they fell on his arms—he gave two or three blows—I saw that—there was then a scuffle between them, which lasted about half a minute—in the course of which Alsop wrested the stick from Medhurst—I believe Alsop struck him with the stick when he got it, and then they separated to about eight feet apart—Alsop then advanced about half-way towards Medhurst, about four feet, apparently going to strike him again with the stick—it was upraised—Medhurst drew a knife from his left-hand trowsers' pocket, with his left-hand, took it into his right-behind sprang the blade made a step forward, and stabbed Alsop—he struck him about here—(in the abdomen)—this is the knife—(looking at one, and opening it)—I heard the spring go when he opened it.
Q. Did you notice how near the hand of Mr. Medhurst came to the deceased's body? A. I did—it touched the trowsers—Alsop immediately put his two hands to his belly, and cried out, "He has stabbed me, he has stabbed me"—he fell against the mantel-piece, which he was near, and then went down on both his knees on the rug.
Q. When Alsop had possessed himself of the stick, and was advancing towards Medhurst, to repeat the blow, which was nearest the door? A. Alsop was nearest the door—the door was open—when he fell on his knees I was quite frightened at what I saw, and stood and looked at them for about half or three quarters of a minute, and did not offer to help him, and then I went out after Dalison—Medhurst had left the room before me—he left immediately after he struck the blow—I do not recollect whether I saw any body before I left the house—Mr. Sturmer came out on the green in front of the house, after I left—that is not part of the ground belonging to the house—I do not recollect that I said any thing to him—there bad been a coolness between Alsop and the prisoner before this—it commenced on the Sunday before—it was about some trifling matter—Alsop and Dalison were on friendly terms, and intimate—I had seen this knife before this occurrence—I do not recollect when I first saw it, but I think I have seen it the whole of this quarter, since I hate been back—one time in particular he showed it to me—I did not come back till February, and saw it soon after that in the prisoner's possession—Alsop had only been there three weeks and four days—he was a stouter man than the prisoner.
Cross-examined by MR. ATTORNEY-GENERAL. Q. I believe Alsop was taller and stouter than Mr. Medhurst, a good deal? A. He was stouter and taller—on Saturday morning Mr. and Mrs. Sturmer, Dalison, myself, Alsop, and Medhurst breakfasted together as usual—soon after breakfast, Dalison went away, and Medhurst left the dining room—I did not know where he went to—Dalison, Alsop, and I left the room first, leaving Mr. and Mrs. Sturmer arid Medhurst in the room—Dalison and Medhnrst slept in the same bed-room—I did not see the watch in Medhurst's hands when he came down stairs, but he intimated to Mr. Sturmer that his
watch-glass had been broken by Dalison—it was Mr. Sturmer he addressed—he took no notice of Alsop at all.
Q. Did he not appear to be a good deal excited from the cause alleged his watch-glass being broken? A. He spoke as if he was angry at its being broken—I do not know that the watch was left him by his deceased father—I did not hear Alsop say, "You are a liar and a blackguard"—I heard nothing more than liar—I do not recollect blackguard—he said, "You are a liar," and upon that the blow was given with the walking. stick—there was a scuffle between them, for about half a minute, which should have possession of the stick—Alsop got it—I was a good deal alarmed—I did not think it was coming to any thing more than a scuffle—I did not observe that they came near the sideboard, after Alsop struck Medhurst with the stick—they were apart as much as eight feet, after Alsop got the stick—Alsop was then nearest the door—the fire-place was between them—there was a table in the middle of the room—Medhurst was at the further extremity of the table near the window, and near the too—I was near the window—Alsop was not exactly between him and the door—he was nearer the door than Medhurst, whether Medhurst had gone on one side of the table or the other—it was then that Alsop advanced to strike Medhurst, as it appeared to me a heavy blow, with the stick—I did not return after going out.
MR. BODKIN. Q. You have been asked as to their relative position in the room; you state the door was open; when Alsop was advancing towards Medhurst with the stick, could Medhurst have made his escape? A. I think he could when he got half-way towards the fire-place—it is a matter of opinion, seeing the position of the parties—I should have tried to get away, and I could have.
REV. FREDERICK STURMER . I am curate of Hayes, in Middlesex, and have been so about four years. I have had for some time an establishment there for the reception of pupils—I have received pupils in that way about seven years—I have had pupils constantly since I have resided at Hayet—at the beginning of March last I had four pupils in my house; three besides the prisoner, who was not considered exactly, for the last six months, a pupil—he had been with me altogether about two years and two months—Mr. Bunney had been with me about twelve months—the deceased, Mr. Alsop, came to me on Ash-Wednesday, the 13th of February—the pupils sat for study in the dining-room—on Saturday morning, the 9th of March, Mr. Dalison left my establishment after breakfast—the family had breakfasted together, as usual.
Q. Was there at this time any dissension or difference among any members of your family, the pupils? A. There was no dissension on the part of the prisoner, but the three pupils had not spoken to him; they were not on speaking terms with him—on his part there was not the slightest enmity—that state of things had existed about a week—it would be difficult for me to say what it arose from—the deceased had shown a little ill-feeling on out occasion before the 9th of March—I was in the dining-room that morning, with Mr. Bunney and Mr. Alsop, after breakfast—the prisoner came in—as far as I recollect, he had his dressing-gown on—he had a stick in his hand, similar to the one produced—he said to me, "See what a blackguard that is who has just left your house; see, he has broken the glass of my watch"—I saw the watch, and the glass was broken—I did not make any reply to that remark—not any—Mr. Alsop
immediately answered, "You are a liar and a blackguard for saying so"—the prisoner was just advancing up to the fire-place, to place the watch on the mantelpiece, when those words were uttered—he immediately lifted up the stick, and struck the deceased on the shoulder, as far as I recollect—I cannot say which hand his watch was in—when he advanced into the room he showed it to me—the prisoner seemed to strike the deceased, but I was not looking exactly that way—I cannot say for certain whether the stick came on his shoulder, but it was in the direction of the shoulder of the deceased—there then took place a sort of scuffle—each had his hands on the other, as if trying who should get the stick—I did not interfere nor say any thing—I left the room immediately, leaving the prisoner and deceased struggling for the stick, and Bunney in the room—no one else—I afterwards returned to the room—I did not enter it, but was in the act of returning—it appeared to be about two minutes afar I had quitted it, or it might not be so long—I met the prisoner coming out—he did not exactly address me, but I heard an indistinct exclamation from him, "Oh, good God!"—it was a sort of exclamation of sorrow or horror—I think he had nothing in his hand then—I was going to enter the room further, when I met the deceased coming out, leaning on one side, saying he was stuck—no one was assisting him then—he had his hand to his person, holding himself, as if struck—I immediately ran and ordered my servant to send for Mr. Chadwick, the surgeon—I left the house, to fetch Mr. Bunney back, who had run out of the house; and on my return I found the deceased had gone up stairs to his bed-room, assisted, as I understood, by the prisoner—I did not see him assist him—I found him in his own bed-room, lying across the bed on his back, and the prisoner sitting by the bed-side, holding his hand on the deceased's belly, to stop the blood—I remained there a short time, and then left them—I went up again and then left them again—I think the prisoner remained with the deceased till Mr. Chadwick came—I was present when Mr. Chadwick first entered the room, but I left the room, and went in and out once or twice for bandages and some things which Mr. Chadwick asked for—I took means to inform Mr. Alsop's relations what had occurred—he was an orphan, under the care and guardian-ship of his aunt—she had placed him under my care—the deceased expressed a great wish to see his aunt, but hearing it was so slight a wound, I said "No, you had better wait till to-morrow, at it if merely a flesh wound, or a scratch," as was expressed, but he expressed a great wish, and I said, "How shall I manage it?"—he said, "Never mind the expense," and the prisoner said, "I will pay any expense; if it is a post-chaise I will pay the expense; never mind any expense"—I sent an express off in consequence of that, and the deceased's aunt got to my house, between seven and eight o'clock that evening—before that, on his asking me to send for his aunt—I said, "You had better wait till to-morrow; Mr. Chadwick says it is only a scratch, or flesh-wound; you may be well by to-morrow;"—he said, "I may not, (or) shall not live till to-morrow," I cannot recollect which—I heard him say, after that, while the prisoner's and his hands were in each other's, "We were both wrong, and I forgive you"—those were his exact words—Alsop had hold of Medhurst's hand, as far as I recollect—this was after Mr. Chadwick had been—on the following morning (Sunday) the assistance of Mr. Patten, of Uxbridge was obtained—he came at ten o'clock, and he and Mr. Chadwick acted together, in the management of the case—on Wednesday Mr. Patten got Mr. Frogley, of
Hounslow, to come over—Mr. Alsop died about twelve o'clock on Thing. day—I saw the knife on the Wednesday—the prisoner produced it—I asked for it—I had been mentioning to Mr. Frogley that he had the knife—I sent to the prisoner, and asked him for it, and he came into the room and gave it up to Mr. Patten—it was a knife similar to the one produced—I know he had such a knife—he has shown me how it opened, by a little catch, or spring—he had had it in his possession, as far as I can recollect, about a month before this occurrence—to the best of my recollection he had it before Mr. Alsop came to my establishment—I had seen him use it, I think before Mr. Alsop came, in cutting string—he always carried it about him—where he carried it depended very much upon how he was dressed—I do not know that he has shown me how it opened more than once, but I have frequently seen him open it to cut wood—I have made the remark, "That is a very dangerous knife."
Cross-examined by MR. ATTORNEY-GENERAL. Q. Have you seen him use it repeatedly in cutting string and wood A. I have—he was exceedingly fond of carpentering—he is a great mechanic—we breakfasted together on this Saturday morning, as usual—he and I had some conversation about carpentering after breakfast that morning, before he went up stairs—he wished some things to be brought from Uxbridge.
Q. During breakfast, and until he went up stairs, was not he calm and tranquil as usual? A. Just the same as usual—the dispute between him and the pupils on the Sunday before, was about a hassock at church—during the week he several times expressed a wish to me and Mrs. Sturmer to be reconciled to them—on this Saturday morning he wished come clamps to be brought from Uxbridge—he was going to make me a box to hold carpenter's tools—he had made a chair for himself—when he came down stairs he had the watch in his hand—I always understood it was one he valued exceedingly, on account of its having been his father's—I saw that the glass was broken—Dalison and he slept in the same bed-room—he certainly seemed angry when he came down with the watch in his hand—Alsop was at that time near the book-case, near the window—(a plan of the room was here shown to the witness)—the room has a door in the corner—the fire-place is at the side—here is the book-case against which Alsop stood, and here is the window—the table stood in the middle of the, room—when Medhurst entered by the door, Alsop was standing near the book-case—I was between the side-board and the table, near the fire-place—Medhurst addressed me alone, when he came in—I distinctly heard Alsop say Medhurst was a liar and a blackguard—there can be no mistake—it was said so loud, no one could be off hearing it—it was spoken so distinct and emphatic—they had a sort of scuffle who should get the stick before I left the room—it hardly lasted a second before I left—I left as soon as it began.
Q. When you returned, did it not appear to you that Mr. Medhurst felt the deepest regret at what had happened? A. I could only judge from what I heard—he said, rather in an inward tone, "Oh, good God!"—his manner and tone of voice had so much of a feeling of horror about it, that I thought something had happened to him—I did not know whether he himself had not received an injury—I heard a groan in the room.
Q. From that time, down to the death of the unfortunate gentleman, did not Mr. Medhurst display the greatest regret? A. No one could display more Christian or humane feeling—I was a witness to it myself—I
did not see him assist the deceased up stairs—when I saw him in bed, Medhurst was hanging over him, trying to alleviate his sufferings—I once distinctly heard the deceased say they had both been in the wrong, and I think at other times when in the room with him—Medhurst delivered up the knife willingly to me on the Wednesday, he did not hesitate a moment—he was exceedingly anxious that Mr. Alsop's relations should be sent for. finding it was his wish—he voluntarily surrendered himself on the death of Mr. Alsop; immediately afterwards we went together to the Magistrate by his own wish; but the Magistrate said he could not interfere, as there would be an inquest, and he then surrendered himself to a policeman—I think I have seen the stick he had for two years at least—he generally carried that, or another similar to it, about with him—he had two or three—he was Defer without a stick—he scarcely ever walked in the garden after break-fast without a stick—it was an unusual thing to see him without one—he would frequently walk in the hall with a stick, even with his dressing gown on.
MAXIMILIAN HAMMOND DALISON . I was a fellow-pupil with the deceased and the prisoner at Mr. Stunner's—the deceased and I were on very intimate terms—I quitted on the morning of the 9th of March, at near 10 o'clock—we had all breakfasted together, in the usual way, that morning—I saw the prisoner after breakfast, before I left the house—he was coming down stairs as I was standing in the hall—he was in his dressing-gown—I am not certain, but I believe he had a stick in his hand—he said nothing to me—I was not at that time on speaking terms with him—I did not see any watch, or hear any thing about it—this was in the hall, at the point of my departure—I was about to go away—I do not think the prisoner saw me leave the house—it was known in the house that I was leafing that morning—he passed me and went towards the dining-room or drawing-room, I am not certain which—I had not done any thing, to his watch that morning—I had not seen it—I was not at all aware that any thing had been done to it.
JOHN ROSE . I was footman in Mr. Stunner's family in March last—I heard nothing of the disturbance in question—I had been in the stable and came into the house, about ten or eleven o'clock, after the accident—I heard a little to-do as I was in the stable, which is about five yards from the house—I came in on that—I saw Mr. Dallison leaving the house, and Mr. Bunney following after, and Mr. Stunner following Mr. Bunney—I then came into the house and saw Mr. Alsop standing in the hall, and Mr. Medhurst near him—they stood, for a short time, near the clock, and very soon after Mr. Medhurst took him by the shoulder and had him up stairs—I then went up to the room—the door was fast when I first went up—I tried to open it, and as I tried Mr. Medhurst came and unfastened it and let me in—Mr. Alsop was sitting on the bed—as soon as I entered the room, Mr. Medhurst cried out, "Fetch Dr. Chadwiek"—I went for Mr. Chadwiek, who came very shortly after—I know Mr. Medhurst had such a knife as this in his possession, a very short time before—I had seen it, not quite a week before, he was showing it to the company in the room, to Mr. and Mrs. Stunner, Mr. Dalison, and Mr. Alsop—he took it from his pocket and showed us how it opened—he opened it with one hand, and told us how he could defend himself with it—he said he could stah it through an inch deal board—this is the knife.
Cross-examined by MR. PHILLIPS. Q. He said that in the presence of
all of you? A. Yes—Mr. Medhurst took Mr. Alsop by the shoulder, and they went up stairs together—he helped him up—Mr. Medhunt seemed very much frightened when he told me to go for Mr. Chadwick—he told me to go instantly.
THOMAS CLARK . I live at Hayes, and carry on a trade there. In consequence of what I heard on Saturday, the 9th of March, between eleven and twelve o'clock, I went to the residence of Mr. Stunner—I saw the prisoner there, and asked him if the report was true that I had heard, that one of the young gentlemen had stabbed the other—he said he had cut him, in the height of passion he had done it, for which he was very sorry—that he had sent for a medical gentleman, who came and bound up the wound, and then was no danger, he thought in three or four days he would be quite well-be asked if he should go away for a week or two—I replied, "No, sir, for if it should prove any thing serious you should stay"—he said he would stay, and if any thing serious took place, he would submit to the law of the land, for he never had intended to do him any harm or wrong what-ever.
EDWARD WILLIAM BUNNEY re-examined, Q. I think you told at that you had seen the knife in the possession of the prisoner some time before this unfortunate affair occurred? A. Yes, I had seen him bring it out one evening, and show me how to open the spring, but I do not recollect his saying any thing with reference to that knife—I heard him say on one occasion, "There is such a thing as having a stab with a knife"—that was within a month of this occurrence—he did not mention any particular knife—this knife was not produced at that time to my recollection—it was not said in anger to any body—it was on one occasion, when Dalison challenged him to fight, and he said, "No, there is such a thing as having a stab with a knife."
JURY. Q. You have stated that Alsop wrested the stick from Medhurst, and they were eight feet apart when Alsop approached him—we wish to know particularly whether Medhurst moved from the position he was standing in, when the knife sprang? A. He made one step forward, and kept one foot where it was—Alsop was coming up, and he reached half way, when he reached forward.
Q. He did not approach Alsop, but Alsop approached him? A. No—when Alsop had come half way towards him he reached forwards and stabbed him, while Alsop advanced on him with the stick.
MR. ATTORNEY-GENERAL. Q. Alsop was advancing? A. He was advancing with the stick when he was struck—he had the stick in both hands, lifted up, and advancing as if to strike.
BENJAMIN CHADWICK . I am a surgeon, practising at Hayes, and am a member of the College of Surgeons. I was called in on Saturday, the 9th of March, about ten o'clock, to attend Mr. Alsop—I went instantly, and found him in a bed-room, and Mr. Medhurst with him, who on my going in said, "Good God, make haste, Mr. Chadwick"—I saw Mr. Medhurst first, the curtains being down—I did not see the deceased till I got to the side of the bed—I asked the nature of the accident—the deceased answered, "We have been quarrelling, and I have received a wound"—I immediately proceeded to examine it—Mr. Medburst was leaning over the bed, with his hand underneath the bed clothes, apparently to me pressing the abdomen together—he had a napkin in his hand, pressing it very hard to the abdomen to stop the blood—I found the deceased's shirt stained with blood, and on lifting up the shirt I saw the wound in the left side of
the body, about an Inch below the navel—the inner angle of the wound came about even with the navel, to the centre of the body—the wound was from an inch and a half to an inch and three quarters long—it was a cut wound with a clean cut edge—had I known such an instrument as this had been used, I should have been more careful in my search, but it was said he had used a knife, and, supposing it to have been a common knife, I considered it had gone so far and no further, and I did not think it right to irritate the wound by probing it—I did not probe it to ascertain whether it had gone further, seeing as I thought, the bottom of the wound, and the peritoneum uncut, my opinion was that I saw the extent of the wound, and it being a transverse incision, it was necessary to draw the parts together—I thought it but a common incised wound—it gaped very much, as wide as the opening would allow the two lips to gape—I did not at that time consider it a dangerous wound—in cleansing the wound I did it up—I commanicated to the family and Mr. Medhurst the favourable view I took cf the wound—the prisoner was up stairs when I did up the wound—we three were alone, Mr. Medhurst, the deceased, and myself—I expressed my hope that no further injury had taken place, thin what I saw—if they had shown me the instrument, of course I should have examined farther, and should decidedly have probed the wound to ascertain the extant.
Q. How soon did you observe any appearance in the countenance of the patient, or in any other way, which indicated that the wound was more serious than you at first thought? A. On Sunday, twenty-four hours after the accident; but I saw the patient twice in the interval—the countenance was more anxious on the Sunday, compressed within itself, and the eye more fixed—that indicated a severe shock to the system—there had been no symptoms of vomiting up to Sunday morning—when we went on Sunday evening, between nine and ten o'clock, vomiting had taken place once, and, on examining the contents, some cabbage was among it—I thought it wat indigestion—it was an unfavourable sign—Mr. Patten was called in on Sunday morning—I attended the deceased till he died—the last time I saw him with Mr. Patten was on Wednesday morning, in consultation—the last time I saw him alive was on Thursday morning—there was no hope of his surriving from the Wednesday morning—the case then appeared to me to be perfectly hopeless—I examined the body after death, by direction of the Coroner, on the Saturday morning, as he died on the Thursday—on examining the body, I was enabled to trace the direction of the wound, and the mischief which had been done—I found that the peritoneum had been very extensively wounded on the right side, and the instrument had crossed over between the integuments anterior and posterior—that internal wound of the peritoneum was nearly opposite the external wound, but not directly horizontal; it was rather oblique, descending, so that the point of the instrument descended—the internal wound of the peritoneum was behind a different part of the outer skin, two inches and a half from it; so that looking at the wound externally, I could not see the wound of the peritoneum—if I had put my finger in I could not have reached it—when the instrument had penetrated through the peritoneum into the cavity of the abdomen, it would come in contact with a lining which floats in front of the bowels, called the omentum—that was extensively injured in the direction of the wound—I could not see whether any of the bowels themselves had been injured—I could not see any—the omentum, covering the bowels, proall
them—I found very little extravasated blood in the cavity of the abdomen, perhaps four or five ounces—the omentum had been decidedly lacerated—if I had known the extent of the wound when I was first called in, I should certainly not have given the opinion I did of it—having seen the extent of the wound by the post-mortem examination, I should decidedly say the wound was mortal, or highly dangerous—the wound, in my judgment, was the primary cause of death; it produced inflammation of the bowels, then mortification, of which he died—I did every thing which in my judgment was requisite to produce the most favourable result—I am not aware of any thing which could be done that was not done to prevent the consequences—nothing that I am aware of could hare prevented the wound from producing death.
Cross-examined by MR. ATTORNEY-GENERAL. Q. When you arrived on Saturday morning, you found Mr. Medhurst in the same chamber with Mr. Alsop? A. Yes, leaning over him—he was doing every thing he could to assist and comfort him in every respect, every time I saw him—it showed great kindness and good feeling towards Mr. Alsop—he went for whatever was wasted, and rendered him every assistance in every raspect—he advised him to take the medicines I prescribed—on my second visit, on Saturday, when I wished that the deceased should be placed in a more comfortable room, there being no fire-place in this room, it was immediatery thought of by Mr. Medhurst that be should be put into his room, where there was that accommodation, and he was put into Mr. Medhurst's room—if he had been his own brother lie could not have treated him with more tenderness and kindness—on my first visit, indeed on each visit, I was there for half an hour—I heard a good deal of conversation, but cannot call to mind the conversation of one from the other—they both expressed very great regret at what had happened.
Q. Now, do you mean to say, in any case, you would have probed this wound, with a probe or your finger? A. He got without symptoms or appearances authorised me to do so, especially on the peritoneum—when appearances do not give further authority for troubling or irritating the patient, I should say it was certainly advisable not to probe such a wound—no advantage could have arisen from probing it—if I had found it even as it was, nothing more could be done—I got a common sewing-needle from the servant—I sent down—when I expressed a wish for a needle, I do not know whether Mr. Medhurst or Mr. Sturmer brought it to me—I applied that needle, and left it in the wound—after I had closed the wound, I considered, in my own mind, that that was the most appropriate and most simple and proper way of securing the lips of the wound—I only used one needle, to keep the wound perfectly together—I put plaster bandages to keep the needle steady, not with a view to press, but to keep the wound in its situation—I should say they were not by any means tight—he after-wards complained of the tightness of the bandages, at four o'clock, when I saw him—he felt a sense of tightness, which he considered was from the bandages—I undid the external towel, which was round the body, and which could not produce pressure, and left it—I gave him directions to lay with his back bent, but as he found ease on the right side, he was more sure to keep his knees up—I thought it not right at first to make much inquiry, as they were all in a fright; but on my second visit, at row o'clock, I inquired after his general health—he told me he was subject to
fits, and told me of a severe injury of the temple from a blow, and stated that he had suffered from a constipation of the bowels for nearly a week, I think, except one day, for a week or more.
Q. Would that state of his bowels and body render any injury he recared more dangerous? A. Yes—I looked at it as more serious—I told him that required very serious consideration—I prescribed some aperient medicine, two pills, and a draught, which acted on him—I think he said he would not take the second—by the persuasion of myself and Mr. Medhurst, he said he would, but he did not—Mr. Medhurst observed that he would see that he took it.
MR. ATTORNEY-GENERAL. Q. When Mr. Patten was called in the suture was removed? A. He immediately removed it, and the wound opened again—I certainly did not think that was proper.
CHARLES PATTEN . I am a surgeon, and reside at Uxbridge. I was called in on Sunday morning to attend the deceased—I went to him at ten o'clock—I was informed of the nature of the injury he was suffering under, and that it was inflicted with a knife—I did not see the instrument for tome days afterwards—I found the wound with a twisted suture, which it a needle through the wound, and silk twisted round—from the discharge from the wound, it was evident there had been an adhesion from the first intention, as it is called, or the operation of nature—there was a good deal of swelling and tenderness around—the tenderness was at the edge and wound—I removed the suture—the wound did not gape—some more discharge issued from it, but the wound itself opened to a very slight extent—I had not then the least opportunity of ascertaining the extent of the injury, nor at any time during my attendance—I could not see the interior of the wound at all—I particularly noticed the countenance of the patient—I was struck with it immediately on entering the room, and the temperature of the skin was much colder than natural—there was an expression of great anxiety in the countenance, and a sinking of the features generally, particularly the eyes—the pulse was exceedingly feeble and irregular—those symptoms, in my judgment, indicated that a severe shock had been received by the system and I thought the wound highly dangerous—I continued to attend him constantly till his death.
Q. Had you any hope of his recovery from the first? A. Certainly I had hope until Wednesday morning—I considered him decidedly in a dangerous state from the time I first saw him—I examined the body after death, by direction of the Coroner—I did not see it when it was first opened—there had been a previous examination, and the parts had been very much disturbed—I had a very imperfect opportunity of forming a judgment of the extent of the internal injury—it appeared to me that the course the wound had taken was from left to right, obliquely—there was a very large lacerated opening of the peritoneum, which I attributed to the examination which had taken place—it was not corresponding to the external injury—the part immediately facing the open wound was not lacerated—it was not exposed—the omen turn had been completely torn through—that
was evidently not entirely inflicted by an injury—it had been torn through by the hand—the muscles were divided in an oblique direction part on the left side, and part on the right—I do not imagine that the loss of muscular power on that occasion would give the patient a sense of tightness—I was present at the death, which took place shortly after twelve o'clock on Thursday—I attribute his death to the wound, undoubtedly.
Cross-examined by MR. PHILLIPS. Q. When you went first did you find bandages on the patient? A. Yes, I had them removed directly—I had heard when I first went, that it was but a slight wound—I might have applied bandages tightly, to keep the wound in a position—such bandages as I did find I thought it prudent to remove, and also the needle—I believe Mr. Chadwick entirely concurred with me in the removal of the needle—I heard no objection started at all—the patient expressed himself relieved by the removal of the bandages—having heard how this affair occurred, I wished to see the knife on the Wednesday, and the prisoner brought it to me immediately—I do not recollect whether the prisoner was in the room when I first saw the deceased, but I certainly saw him in the house—I attended two or three times in each day—the prisoner showed the strongest possible feeling of regret, and the greatest anxiety as to the result, that he should recover—the deceased expressed to me his apprehensions that he was dying, and requested me to tell him sincerely how it. was—I told him I feared such would be the termination of the case—he told me after that, that he had called the prisoner a liar and a blackguard—I am quite certain he used the term blackguard—from the beginning to the end the prisoner displayed the greatest anxiety and regret—he could not have displayed more.
MR. BODKIN? Q. You say, at first, you had the impression that it was a slight wound, do you mean you had such an impression after seeing the patient? A. No, not at all—it was merely from what I had heard before I saw him—I gave the knife to Count De Salis.
RALPH ALLEN FROGLEY . I am a surgeon, practising at Hounslow, and am a member of the College of Surgeons. I was called in to this case—I arrived at Hayes between one and two o'clock on the Wednesday morning, and saw the patient immediately—on seeing him, I found symptoms of that character which induced me to consider it a perfectly hopeless case, and I communicated my impression to the family—the countenance alone was sufficient to show that there was something most dreadful going on.
Q. If, on receiving a blow of this sort, the person staggered back, and went on his knees, would that alone indicate any thing to your mind? A. That would depend on the violence of the blow—I conceive a very severe blow with the fist in the stomach would bring a man on his knees—I saw the body after death, but not at a time to form any judgment as to the extent to which the knife had gone into the abdomen—the parts were in so disturbed a state, I could judge nothing—I observed the omentum was divided in two divisions—half on the upper part of the stomach, and half on the lower part, evidently having been divided in the examination—there was very extensive inflammation throughout the greater part of the small intestines—I think, through the whole of the small ones, and the whole of the omentum was in a sloughing state—I should say the symptoms produced would kill a dozen men—I presume the death to
have arisen from the injury inflicted, and the consequences of it inflammation and mortification.
Q. Assuming the peritoneum to have been wounded, what should you say of the character of such a wound as to danger? A. There are Very extensive wounds of the peritoneum that recover—there are very extensive surgical operations on the peritoneum—there-are operations in which I have cut into the peritoneum, and not prepared the patient for it—we have generally no time for preparation—I consider all wounds that have any thing to do with the cavity of the belly very dangerous, and you cannot introduce a knife into that cavity without wounding the peritoneum—I cannot form any judgment, from what I saw, whether the peritoneum had been wounded—I saw the body some hours after the post mortem examination had been made—I do not know exactly the time.
Cross-examined by MR. ATTORNEY-GENERAL. Q. If I understand you right, from the symptoms and appearances you observed after death, there was difficulty in distinguishing what arose from the original puncture, and the effect, the subsequent inflammation? A. The parts were completely in a disturbed state—the whole intestines were scattered about and had never been put to rights after the examination—I was not present at the original post-mortem examination, that bad taken place by Mr. Chad wick alone, before I came.
Q. In wounds of this sort the result depends a good deal on the treatment they receive? A. In a great measure of course, the result depends on the extent of the injury—we flatter ourselves treatment is of use, or we should very soon not be called upon—I should not have applied a suture in this case, or tight bandages—I am not aware that the bandages were tight—I should not use them—I think them highly improper—I should not have used a needle at all—I should have used adhesive plaster—I should have thought the wound itself was sufficient, there not being opening sufficient to allow the bowel to protrude, I should not have thought of adding another operation to the unfortunate one that had been made before—I have seen various instances lately of wounds in the belly by sharp instruments, where I myselfhavehadthe treatment, and where the patients have recovered—I have no doubt in some of those cases the peritoneum was penetrated, but happily my patients recovered, and I did not make any examination—I should think the gentleman who would probe such a wound had been educated five hundred years ago—I had some conversation with the deceased shortly before he died—the second visit I paid him was I believe as late as eight or nine o'clock on Wednesday evening—I found him so very much altered from the time I left him, I felt convinced he had but a few hours to live—I said to him from the character of the symptoms, I felt it my duty to communicate to him that I had no hopes of his recovery, and perhaps it might be a consolation to him previous to that distressing event, to communicate something to me respecting the fracas which had taken place—I asked him if he had done any thing to induce the row—I believe that was the word I made use of—he said, "Yes, I called him a liar and a blackguard, (I am convinced he used the word blackguard) upon which he struck me"—I asked if he thought there was any thing premeditated on the part of Medhurst—he said, "Decidedly not"—he stated previously to my putting these questions, seeming to wish to avoid being disturbed by questions put to him, that he had forgiven Medhurst, and
he could do no more—I believe that really was the very first thing he stated to me.
SIR FREDERICK POLLOCK . Q. Are you aware that any bandages were on him that were too tight? A. Not at all—I know of no cause which could produce death, except the wound I saw—when the inflammation began, it would in all probability have extended beyond the immediate neighbourhood of the wound itself—I should say he died from inflammation produced in other parts, but by the wound—in my judgment the wound was the cause of the inflammation.
COURT. Q. You have spoken of the interior being highly inflamed, and the omentum sloughing; you could not mistake that from a disturbance during the examination? A. No.
COUNT PETER JOHN DE SALIS . I am a Magistrate of the count; of Middlesex. On hearing of this I ordered the prisoner to be apprehended—I afterwards saw Mr. Patten, and received from him a knife—I gave that knife to police-sergeant Cooper.
CHARLES ASTON KEY . I am one of the principal surgeons of Gay's Hospital—I have beard the evidence given in this case—I see no objections to the use of the suture in the manner described by Mr. Chad wick—in a wound of this sort in the abdomen, it would be the duty of a surgeon to close the wound as far as he is able, and if not able to do it by plaster, it would be his duty to use a suture of some kind, either of silk or metal—some surgeons prefer a silk suture, and some a metallic one—I am more in the habit of using a metallic one as being less irritating—I should think the use of the suture as described in no way contributed to the fatal result—it failed to produce its effect, but I think it could do no harm—neither the use or removal of it could do any harm in my opinion.
Cross-examined by MR. ATTORNEY-GENERAL. Q. Would it be right in any case to probe a wound in the abdomen received by a sharp instrument, either with a metallic probe or with the finger? A. I think in no case could that be at all justified—I should hardly think a bandage was required in wounds of this sort; but, perhaps, in this case, as Mr. Alsop was removed from one room into the other, the bandage might have been of some service in* supporting the abdomen—but only for that purpose—I think it otherwise unnecessary—a tight bandage, of course, would not be proper—I should hardly think it would cause inflammation—it might irritate—it would not increase inflammation within—I should hardly think it would disturb the healing process, unless it were improperly tight—if it were so tight as to cause uneasiness and annoyance to the patient it would be doing harm.
Q. Before you employed the suture at all, either with silk, thread, or any metallic substance, you would first try to dose the wound by some other means? A. No, I should not—I should be able to judge, I think, without making the trial, from the appearances—where there had been constipation of the bowels for seven days, a wound on the abdomen would certainly be more dangerous—it would be highly unfavourable—I have known repeated instances of wounds on the abdomen even where the peritoneum had been penetrated, having a favourable result.
It would; and I apprehend in this case it was the cause of the seeming tightness of the bandages.
Q. Now, addressing your attention to this case, can you imagine that any injury was done, either by the use of the suture, the removal of the street, or any part of the proceedings of the medical men? A. I should think not.
(Several highly respectable witnesses deposed to the prisoner's good
character.) GUILTY of Manslaughter only. Aged 21.— Confined Three Years.
First Jury before Mr. Recorder.
1291. JAMES WELLS was indicted for feloniously breaking and entering the dwelling-house of Frances Martin, on the 26th of March, at St. Pancras, and stealing therein 2 candlesticks, value 10s., her goods.
MR. LORD conducted the Prosecution.
JOHN EATON (police-constable S 198.) On the 26th of March I was in Tottenham Court-road, in plain clothes, and saw the prisoner with another—I watched him, and followed him into University-street—I saw him go up to the door of No. 3, and open the door with something he had in his hand—I waited till he came out with something tied up in a handkerchief—I stopped him, and asked what he had got—he threw it down on the pavement, and ran away—I followed, calling "Stop thief"—he was stopped by a gentleman in George-street without my losing sight of him—I took him back to the house, No. 3, University-street, which is in the parish of St. Pancras.
Cross-examined by MR. PATHS. Q. Where were you standing when you saw him open the door? A. On the opposite side of the way, looking fall at the house—he was stopped about half a mile from the house—there were two or three turnings in the way he went—he went down London-street, and John-street, I think, but I did not stop to look—it is not on my beat—the gentleman who stopped him is not here—I asked him to come, but he would not—I saw the prisoner throw these candlesticks out of the handkerchief on the pavement—I left them there, and followed him—the prisoner was remanded three times—I produced the witness Sweeney the second time, eight days after the robbery—I saw him with them in his hind directly I brought the prisoner back—I found a key on the prisoner, which I tried to the prosecutrix's door, and it opened it.
DANIEL SWEENEY . I was passing down University-street on the 26th of March, and heard a cry of "Stop thief," and observed the prisoner running away—I am quite sure he is the man—I did not follow him—I was on my way home, and had not got far before I picked up these candle-sticks, about ten yards from where the prisoner passed me.
Cross-examined. Q. Were you coming in a contrary direction to the prisoner? A. Yes; we pasted each other—I picked up the candlesticks, and turned into Tottenham Court-road, till the policeman came up, when I gave them to him—I did not attend before the Magistrate at the first examination, as I was afraid of losing my situation.
FRANCES MARTIN . I am single. I keep the house, No. 3, University-street, St. Pancras—these candlesticks are mine-(looking at them)—I saw them safe on the 26th of March, about ten minutes before nine o'clock, in my back parlour—about a quarter-past nine o'clock the police-man came with them and the prisoner—I had not missed them.
Cross-examined. Q. Are they silver? A. No, but I dare say he thought they were.
GUILTY . Aged 19.— Transported for Ten Years.
(There was another indictment against the prisoner.)
WILLIAM BILLINGTON . I am a baker, and live at Acton. The prisoner was in my service up to the Saturday before the 30th of March—he was in the habit of taking out bread and receiving money—In January I sold Mr. Lambourn, of the King's Arms, a sack of oats, which came to 15s—an other man took them there, but I told the prisoner afterwards to ask for the money—it was his duty to pay cash to me every night—I keep the cash book, and he names the persons who pay him—I asked him if he had received this sum—his reply was, Mr. Lambourn wished a little more time, as trade had been so bad ever since Christmas, he wished it to remain a little longer—that was his reply more than once or twice—he has not accounted to me for it, or it would appear in this book—I told him about a fortnight before he left that I wished he would ask Mr. Lambourn for the money, and he made the same reply as before.
Cross-examined by MR. JONES. Q. How long have you known him? A. About two years—he left me in rather an unhandsome way—he did not give me notice—I knew he was going before he did leave—he got a situation with another baker in the same village—I did not object to his going—I did not say if he did go I would make a rod for him, nor any thing of the sort—I kept back 15s. when he left—I did not tell him I kept it as a sort of security for any defalcation I might discover—it was for booking bread to persons who never had it—it amounted to more than 1l.—I kept it back that it might be set to rights before I paid him—I told him to call in again, and I would settle it—he called on Tuesday, and I said I had not found out what amount it was—on Thursday this bill came back from Mr. Lambourn's, and then I told the policeman—Mr. Lambourn lives about a mile from me—I had seen him since the oats were sent, but said nothing to him—I was not afraid of my money, I knew him to be a respectable man—I pressed the prisoner to get the money, as I thought it might be forgotten—the prisoner lived about two hundred yards from me in his new situation—I did not go to him and ask for an explanation, because he called on me on the Tuesday, and I showed him a list—I wrote to his father on the Wednesday, the very evening I found this out—I thought it best for his father to state the thing to him.
RICHARD LAMBOURN . I keep the King's Arms, at Acton Bottom. I purchased some oats of Mr. Billington, for which I paid the prisoner about the 25th or 26th of January, and he gave me this receipt—I never told him trade was bad, and I wanted time.
Cross-examined. Q. How many times may you have seen Mr. Billington after you paid it? A. I might have seen him once.
MARY BILLINGTON . I am the prosecutor's wife. I was present when he told the prisoner to ask Mr. Lambourn for the money for the oats before he left, as it might be forgotten—I had heard him asked about it before, and the prisoner always said, "Very well"—he never said he had received it, and paid it to my husband.
prisoner—he called over the name of each person he received it from, and I wrote it down before his face—the 15s. I kept back was the balance of three weeks' wages—it had nothing to do with this 15s.—he served customers at Kensal-green—I told him if he served them it must be on his own account, and I should stop it out of his wages—there was ten persons he served with bread, and since he left I have summoned them to the Court of Requests for about 5l. 10s., which is still owing to me—that transaction took place long ago—I never found on balancing my cash-book that I had any superfluous cash—I have found it short, but never over. (The prisoner received a good character.)
GUILTY . Aged 21.— Confined Six Weeks.
Fourth Jury, before Mr. Recorder.
1293. THOMAS WHITE, MARIA CHAPMAN , and JANE WEST were indicted for stealing, on the 28th of March, 4 pewter pots, value 5s.; and 1 pewter measure, value 6d.; the goods of William Hopkins: and 1 pewter pot, value 1s., the goods of James Sadd.
WILLIAM HOPKINS . I keep the Three Johns public-house, in White Lion-street, Pentonville. These four pewter pots are mine, and have my Dine on them—one of them I saw on the premises on Wednesday, the 28th of March, and the rest I had seen in the beginning of that week.
JAMES SADD . I keep the Penton Arms, in Baron-street, about fifty yards from Hopkins's—this pint pot is mine—I do not know when I lost it—I have been in the house three years, and it may be the first I ever lost THOMAS HOBBS KINO (police-constable N 22.) I saw the three prisoners together, walking along High-street Islington, about half-past eight o'clock on the night of the 28th of March—I apprehended them, and found two pint pots and a measure in White's pocket, and this pint pot, belonging to Mr. Hopkins, in his hat—some were between his shirt and skin one on each side his breast—my brother-constable brought West and Chapman into the station-house—I found three pots on each of them belonging to other publicans not mentioned in this indictment—I stopped them about two or three hundred yards from Mr. Sadd's house, and nearly a quarter of a mile from where the other publicans, claiming the other pots, lived—when the; saw me making towards them, the two women ran away.
White's Defence. A man asked me to hold the things—he was longer away than I expected before he returned, and I concealed them about me.
Chapman's Defence, The property found on me was given me by a stranger.
WHITE— GUILTY . Aged 22.— Transported for Seven Years.
CHAPMAN and WEST— NOT GUILTY .
NEW COURT.—Saturday, April 13th, 1839.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged.— Confined Three Months.
GUILTY . *Aged 48.— Transported for Seven Years.
1296. MARGARET SINCLAIR was indicted for stealing, on the 26th of February, 2 £10 Bank-notes, the property of Thomas Evans, from his person; and that she had been before convicted of felony; and HENRY FIELD , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MESSRS. BODKIN and DOANE conducted the Prosecution.
THOMAS EVANS . I am Superintendent of the Eastern Counties Rail. way, and live at Romford. About five o'clock in the morning of the 26th of February, I was in the neighbourhood of the Minories—I met the prisoner Sinclair at a coffee-stand in the street—she said, "Will yon have any coffee?"—I felt, and said I had no money—she said, "I will treat you with some coffee"—I said, "I don't want any young girl to treat me; I have money, but no change"—I then walked up Whitechapel with her, and came to the Elephant and Castle—she said, "They know me, I will Dot go in"—I went in, and said, "I will thank you to change me a £5 note"—the lady said, "No"—I came out, and Sinclair was waiting at the door—we then went on to the Coach and Horses—she said, "I will not go in here"—she stopped, and I went in—they would not give me change there—I came out, and then we went to look for another house—we came back to the Elephant and Castle—Sinclair said, "Yon can't get change there"—she met a policeman, and asked him to drink—he went with us to the door, but did not go in—I went into the Elephant and Castle, unbuttoned my coat, and took out of my breast-pocket two £10 and one £5 notes—Sinclair was there, and called for a glass of brandy and water—I presented the £5 note to the landlady—she could not give me change—I then put the two £10 notes into my breast-pocket again, and the £5 note into my breeches pocket—Sinclair then said she would treat me, and she took from her glove a half-sovereign, two half-crowns, and three shillings, and paid for the brandy and water—after I had put my two £10 notes into my breast pocket, I thought she was a little funny—she catched at my breast two or three times, pretending to tickle me—I said, "You will get your hand into my pocket presently," but I did not think she meant to do it—she then said, "I have got plenty of money, God bless you, I don't want your money"—I then buttoned up my coat—in a minute or two she said, "I want to go to the door; I will soon be in again"—she went out, and did not return—I felt in my pocket, and my two £10 notes were gone—I gave an alarm to the police—I had received the two £10 notes the night before from Mr. Burge, a contractor on the Eastern Counties Railway—I did not mark them myself, but I know they are the notes I had from him—I had no others.
Cross-examined by MR. BALLANTINE. Q. Had you been dining out the day before? A. I had dined at Romford, and came to town that evening—I am married, and have a large family—I did not drink any thing before I came out—I came up with Mr. Barge at two o'clock, I believe—I got down at Aldgate, and went to the London-bridge Steam-packet wharf, where I had some business—I then walked with Mr. Burge up to Red Lion-square, to Mr. Philiips's—I came back with Mr. Burge to the Bull and Mouth—we had nothing to eat there, but I believe we had
a bottle of porter—I remained there perhaps half an hour—I cannot tell where I went to from there, as I was not acquainted with the place, but I was at the Rose and Crown about eight o'clock—I cannot tell what I had there—I drank a pretty good quantity—I do not remember what liquor I drank—I was not in company with any one there—I cannot tell how long I staid—I was not drunk, but pretty fresh—I do not remember at all what became of me when I went from there—I was, very likely, in other public-houses—I dare say I spent something at every public-house I went into—I know I was alone—I met many men and women in the course of the erening, and talked to them—I met no acquaintances, but I spoke to persons I met in the street, and talked to them—I received these notes about five o'clock the evening before—I received 30l.—I had not lost any thing before, to my knowledge—a girl ran away with my coat, but I did not consider that a loss, for I ran after her and got it from her before she got into the house—I did not lose a £5 note—my money was all right but the two £10 notes—I met the prisoner at five o'clock in the morning—I do not remember the woman who ran. off with my cost—she did not take a £5 note—I did complain that I had lost a £5 note, bat I found I had got all my mooey right—I was going to Stratford when I saw the prisoner at the coffee-stall—the first time I went into the Elephant and Castle I asked for change for a £5 note, bat I did not pull out any of my notes then—when I went into the Coach and Hones I pulled out the three notes, folded up, and put them back again—I then went up further, and then returned to the Elephant and Castle, where this tickling took place—there were several persons coming in and out there, bat I never spoke to any of them—I did not see any female there but the landlady, and I am certain there were no other females there.
ANN PHILLIPS . I live in Back-road, Shadwell' On the 22nd of December last, the prisoner Sinclair took a lodging at myhouae—Field was in the habit of coming to and fro, and I believe be has slept there several tines—they resided there till they were taken up—I had seen Field there sometimes once a week, and sometimes oftener—they passed as man and wife—I did not ask Sinclair what she was when she took the room—I asked if there was any family beside her and her husband, and she said, "No"—on the morning the prisoners were taken a little before six o'clock, I beard some voices in their room—it was the voices of the prisoners—they seemed rather on the quarrel—I did not hear the words they used—nor did I see or hear them go out—they might have gone out, and I not heard them—I was not up till eight o'clock, or past.
Cross-examined. Q. When did you see Field first? A. After they commenced living there—I was not at home when they commenced living there—I have seen them together in the room repeatedly—I never saw Sinclair in company with any other man—there are four families in the house, working people; and several people coming backwards and forwards to different persons in the house—the voices sounded like the voices of the prisoners; but I would not like to swear it was not other people's—I never knew Sinclair to keep late hours—I did not consider that she was the wife of Field, I thought she was cohabiting with him—I some-times go to bed at eight o'clock—I do not know what time she came in or went out—I cannot swear whether other men came in with her of a night—I have frequently heard her there of a night.
Shadwell, and saw them about a quarter before seven o'clock in the morning—they went down High-street, Shadwell, in a direction towards the West-end of the town—about two o'clock the same day I came on duty again, and was in the same street—I saw Sinclair come home in a cab from the West-end, and the cab appeared loaded with goods—about six o'clock in the evening I received information, and about half-past nine o'clock I met Sinclair—I told her she was charged with stealing two £10 notes—she said, "Good God, you have made a mistake and taken the wrong person."
SARAH GEORGE . My husband keeps the Sun public-house in Longacre. On Tuesday morning, the 26th of February, from seven to nine o'clock, Field came to my husband's house, for change for a £10 note—I refused him the first time—he came again, and asked me to give him change—I declined it again—and he came a third time—he said he was a market-gardener, he wanted to pay some money away, and should be very much obliged if I could accommodate him—he said any kind of change would do, either silver or gold, as he had 9l. to pay away—I was induced ultimately to give him change, 7l. in silver and 3l. in gold—I asked his name and address; he wrote on the note, but I was not able to read it; and I called to him as he was going out of the door—he said he would be back in a few minutes, but be did not return—I gave the note to my husband—be took it to Newgate-market, and paid it away to a salesman there—this is the note—(looking at it)—it is No. 39, 739.
Cross-examined. Q. Who told you it was Field that came to your house that day? A. Nobody—the first time I saw him at the office I was a little doubtful—I thought it was rather a taller person than him; but that doubt was cleared up the second time—I went home from the office, after the first examination, in a coach, with the young person who was in my bar and saw me give the prisoner the change—I did not speak to either of the other parties on this subject particularly—I spoke to the policeman who fetched me there, but not on this subject—he paid the expense of the coach, and I spoke about that—there was no allusion made to this object—I had not seen Field before that morning to my knowledge.
MR. DOANE. Q. At first yon had some doubt? A. Yes; I heard him speak after that, and I was sure he was the person—I have not the lead doubt now that he is the person.
Cross-examined. Q. Were you there on each of the three times he came? A. I was there the second and third times—on the first morning after leaving Lambeth-street, my mistress asked me was I certain that was the man—I said I was almost sure it was—I did not talk to any policeman about it—I only saw the prisoner once at our house, but I remember his image and his face—I was cleaning the taps at the bar that morning—when I was going home from the office, I said I was almost sure that was the man—the policeman told us his dress, and all that, and cross-questioned us—my mistress spoke to me, and asked if I recollected such a person coming for change for a £10 note—I said I thought I did—the officer said he had rather thick lips—I recollected he had—when I saw him I said, from the description, I was almost certain it was the man; and I looked at him a little bit, and then said he was the man—he bad a large coat on—I did not exactly examine the colour of it—it was folded over—I think he had a black hat on, I am not quite sure—I can swear to his face.
MR. DOANE. Q. You recollect him from his coming twice to your house? A. Yes—there are not many men who come for change for a £10 note—I am quite certain he is the man.
JOSEPH BRIDGE . I live with Mr. Walmsley, of High-street, Borough, a pawnbroker. On the 26th of February the prisoners came to the shop between eight and nine o'clock in the morning to purchase this watch and guard-chain—(looking at them)—they bought a wedding-ring at the same time for Sinclair—Field paid 5l. 15s. in silver for the watch and chain, and I think Sinclair paid for the ring, but I am not certain—that came to 11s.—Field used to pledge at our house for two years before—he had pledged wearing apparel—I never asked what he was.
Cross-examined. Q. When had you seen Field before? A. Not for tome time—he had never come to bargain for a watch till that morning—I am certain Sinclair was the woman—I think she had the same shawl on she has now—she had a bonnet on, but I could not swear to it, not having seen her before—but haying seen a person once I know them again generally.
WILLIAM TINGEY . I live with Mr. Huntingdon, of New-cut, Lambeth. On Tuesday, the 26th of February, Sinclair came to me, between eleven and one o'clock, to redeem a bed, carpet, and fire-irons—she paid 2l. 19s. 51/2d.
JAMES GEORGE (police-constable H 133.) On the 26th of February I was on duty in High-street, Whitechapel, and saw Sinclair with the prosecutor—I saw the prosecutor afterwards come out of the public-house—he complained that he had been robbed—he appeared to be sober then, and in consequence of what he said I went to look alter Sinclair.
Cross-examined. Q. What time was this T A. Between four and five o'clock in the morning—he had been drinking, but he was sober—he was at the Elephant and Castle.
JAMES CRAWIOKD (police-constable K 253.) On the 26th of February I looked out for Field, and found him in the Back-road, St. George's, where I was on duty—I had seen him several times before with Sinclair, and knew he lived in the neighbourhood—I said he was charged with a robbery, but I had not then heard what the robbery was—I had him by the arm, and he went quietly with me for about twenty yards—he then gave a sadden spring, struck me on the left side of the head, and ran down a street—I pursued—he was taken to the station-house—I found this watch and guard on him.
Cross-examined. Q. Had you known him for some time? A. I had seen him several times—I had several times checked him and Sinclair for untimely hours—I asked him one night why he had his head out of the window, and he spat down at me—I asked him what he did that for, and walked away—that was all I said to him—I did not say, "I will have you the first time I catch you, you b—rogue, for what you did to me this morning"—I made no threat to him—I did not say any thing about having him, nor marking him, or remembering him.
ALLEN PIPE (police-constable H 51.) On the 26th of February, about six o'clock in the morning, the prosecutor complained of being robbed—he described a woman to me, and I looked after Sinclair—I had known her four or five years—I went to the prisoners' lodgings—I found a bed, fire-irons, a hearth-rug, a carpet, a set of brasses, a small key-hole saw, a centre-bit, three keys, and better than three pounds of pewter, a new bonnet in a box,
and a hat-box with no hat in it—Sinclair was not at home—I saw her afterwards in custody—I told her she was charged with robbing a gentle-man in Whitechapel of two £10 notes—she said it was impossible it could be her, for she had plenty of money—she had met a friend the night be. fore, who gave her a sovereign, and she had treated the gentleman with coffee and brandy-and-water—I saw a wedding-ring on her finger, which appeared to be new—I was at the office when Field was there—he said it first that he bought the watch and guard in the London-road with money that he had saved out of his earnings—that he had deposited it in his sister's hands, and drew it out, and bought the watch and guard, and he had bought his sister a wedding-ring at the same time—Sinclair was present.
Cross-examined. Q. Was this before the Magistrate? A. Yes—he stated that to the Magistrate—there were no depositions taken at that time.
JOHN BURGE . I am a contractor on the Eastern Counties Railway. On Monday evening, I paid the prosecutor two £10 and two £5 notes of the Bank of England—in consequence of something I heard the next day, I went to Mr. Limpus, who I had received the two £10 notes from—he gave me a memorandum of the numbers of some Bank notes—I took a correct copy of it, but the original I have lost—it contained the numbers of four notes—I produce the memorandum—it is a correct copy.
JOHN LIMPUS . I paid Mr. Burge two £10 Bank of England notes on Monday, the 25th of February—I took down the numbers—I had two other £10 notes—I took the numbers of the four notes on one piece of paper—I gave that paper to Mr. Burge.
Cross-examined. Q. Have you the slightest idea of the numbers of those notes you gave to Mr. Burge? A. No.
COURT to JOHN BURGE. Q. You received two notes from Limpus? A. Yes, and I received a paper from him—I copied that paper) and the original paper I had from him is lost—that I swear.
Cross-examined. Q. When did you copy that paper? A. On the following day—I had not the notes in my possession when I copied it—I lost the original paper from carelessness, I presume—I did not think it was of any consequence after I had copied it—I did not compare the notes with the paper—I had not the paper at the time I had the notes—I received the paper the following day—I had then parted with the notes—I cannot find that paper.
Q. You have taken a copy of that paper? A. I copied part of the paper—I did not copy the whole, because I thought it was useless.
MR. DOANE. Q. Why did you not copy it all? A. On the Monday I paid Evans the two £5 and two £10 notes—on the following day he made application to know the numbers of the two £10 notes—I went to Mr. Limpus, he gave me a paper with the numbers of two £5 and four £10 notes—I went to one person I knew, and found one of the £10 notes was in his possession.
MR. DOANE to MR. LIMPUS. Q. You bad four £10 notes, and two of them you paid to Mr. Burge? A. I did—I paid one of the others to Plowman, and one to Hill—the one produced by Mr. Phillips is one I paid to Hill—this other produced by Mrs. George is not the one I paid to Plowman I know, because I marked Plowman's name on the one I gave him—I do not know whether this one produced by Mrs. George is one of
the four I had unless it corresponds with the memorandum I gave Mr. Burge—I have no mark on it.
Cross-examined. Q. I suppose you have given away other £10 notes.
besides these? A. Not on that day—I had before, and hare since—I cannot say that this was ever in my hands at all, unless it corresponds with the memorandum.
MR. DOANE to MR. BURGE. Q. Look at this note, produced by Mrs. George, can you tell me whether this is one of the two you received from Mr. Limpus? A. No, I cannot—I made no private mark on it.
COURT to MR. LIMPUS. Q. Supposing it to be proved that that if a copy of the paper you gave to Burge, and suppose that to be the original document, look at it, can you tell whether that is the £10 note you gave him? A. No, my Lord, I could not.
MR. DOANE. Q. You have got the note you paid to Hill there? A. Yet—there were but four £10 notes paid, and this other is not the one I paid to Plowman—I have no mark on this other note, but supposing this to be the original paper, the number and the date of the note correspond.
Cross-examined. Q. Could you have recollected any thing at all about it, except from this memorandum? A. No—I had not the slightest recollection of the numbers of the notes—I cannot say that this is A correct copy of the memorandum—it is impossible.
THOMAS PHILLIPS . I am a clerk in the accountant's office in the Bank of England. I produce two £10 notes paid into the Bank on the 5th and 7th of March—this one, No. 32739, was paid in on the 5th of March—it came from Barclay's.
Cross-examined. Q. Had you ever seen the prisoner write before? A. No.
THOMAS POCOCK (police-serjeant F 13.) I produce a certificate of the prisoner Sinclair's former conviction, which I got from Mr. Clark's office—(read)—I was at the trial—she it the woman who was tried and convicted.
SINCLAIR*— GUILTY . Aged 27.— Transported for Ten Years. FIELD*— GUILTY . Aged 23.— Transported for Fourteen Years,
DANIEL KNIGHT . I live in John-street, Edgware-road, and deal in waste paper. I left my shop about half-past two o'clock, on the 2nd of April, and returned at a quarter-past ten the same evening—I found a bundle of paper at the station-house, which I had left in my shop.
JOHN MUNDAY . I am servant to Mr. Knight. About twenty minutes past nine o'clock that evening, the two prisoners and another boy came to my master's shop, and asked me to show them some pictures—while I was doing so, I heard a bundle of paper fall on the floor—Walker then dropped a halfpenny—he took it up and went outside, and then came in and bought two pictures—after they had left, I came round the shop and missed a bundle of paper.
evening—I saw the two prisoners, and saw the boy run across the road—Walker had a bundle of paper, and I told Munday of it.
THOMAS BAIGENT . I live in Brown-street, Bryanston-square. About half-past nine o'clock that evening, the two prisoners came to my house with this paper—I asked where they got it—Walker said his mother had been out charing, and had given it to him to sell; and, as I knew the boys I bought it at 2d. 1b.—I considered I gave a fair price for it.
THOMAS BAYNE (police-constable D 79.) I received information and went to No. 18, Newman-street, and there found Tate—I asked him if he knew any thing concerning any paper—he began to cry and said, "Then were more concerned in it beside me"—I said, "Tell me who they were"—he said "Walker and Perkins"—I went to No. 32, Molyneux-street, and Perkins was not to be found—I then went to No. 11, Molyneux-street, and found Walker—he attempted to make his escape, but I took him—he told me Perkins, Tate, and himself were in it—in going to the station-house, Tate delivered up 1s. 6d., which he said was the money he got for the paper he sold to Mr. Baigent—he said Walker got 1s. 4d., he got 1s. 6d., and Perkins got 3s.
(The prisoners received good characters.)
WALKER— GUILTY . Aged 14.
TATE— GUILTY . Aged 14.
Confined Eight Days, and Whipped.
JOHN STONE . I am foreman to Mr. Birch of Hammersmith. On the 27th of March, between three and four o'clock in the afternoon, I saw the prisoner on Mr. Birch's premises—he went into the stable without a coil, and came out with this coat on—I went after him—he saw me, and he nearly pulled the coat off—I came up and took him.
Prisoner. I found it on the road side.
GUILTY . Aged 47.— Confined Six Months.
1299. FRANCIS JOHN ABSOLON and ELIZABETH ELLEN ABSOLON were indicted for stealing, on the 5th of March, 1 gown,? value 3s.; 1 shawl, value 2s.; 1 shift, value 1s.; and 1 pair of drawers, value 1s.; the goods of Elizabeth Ann Clark.
ELIZABETH ANN CLARK . I am living in Surrey-road, Blackfriars—I was lodging at the Heathcock, in the Strand, for several days—I saw the two prisoners there—they persuaded me to go home with them to their lodgings—I do not recollect when this was, nor the place I went to, but I went with them, and before I reached their lodgings, they gave me something to drink which stupified me—I went home with them, and whether they undressed me or I undressed myself, I am unable to say—the next morning I found myself in bed—the prisoners were in the room—the man was dressed, I cannot say whether the woman was or not—I said, "Where is my gown?"—the answer was, they had pawned it—I said, "What am I to do?"—they gave me something to drink—I was there several days, but had nothing to eat—they gave me drink—I do not know whether I drank every day or every hour, but I was stupified—I had come up from Cambridge
to the Heathcock with a gentleman, and had been there several days before I went to the prisoners'—on the Monday I said I would leave, and asked where my boots were—the male prisoner laughed at me, and said he had pawned them on the Saturday night for 2s.—I said I could not leave without boots—I took a sovereign out of ray stays and gave it him to gel my boots—the woman then said she had a dress in for 5s., would I give it her—I said I would—they brought my boots, and a gown, but not mine—I had no gown of my own, and was obliged to put hers on to go out—there was something had to drink before I went out—it appeared to be gin—I did not drink much of it—I drank because I was frightened at them, and finding the place I was in—they did not force me to drink it—I had no shift nor drawers—they were taken off me, and my shawl was gone—I had no change out of the sovereign—the boots were 2s.—the gown was 3s. and they brought us something to drink, but I had no change out of the sovereign—they said they bad 10s.—I put on her gown and went out, and they followed me—I went to the house of Mr. Locke, a gentleman I have known for many years—I received some money there—I did not tell him what bad happened—when I came out I called a coach—the prisoners followed me and got in—I gave the driver no orders—I thought I should have left the prisoners, but the male prisoner ordered the driver to go to the Strand, and we went to the same house in the Strand again—we had something to drink, and I partook of a small quantity of it—I then went out with the female prisoner and purchased a pocket handkerchief in the Strand—I said I felt very ill—she said if I returned back to the Heathcock for a short time, she would go home with me—I said I felt very ill, I did not care where I went—we went back, but were not there long—I was very ill and very stupified—we bad a coach, but I knew not where I was to go—I recollect no more till I found myself in Clerkenwell workhouse—I believe I was taken to the station-house first—Mr. Locke gave me two sovereigns—the prisoners knew that.
Q. You say you did not know the house nor the street you went to, did you tell the Magistrate so? A. The prisoners told me it was in Cow-cross-street, but I did not know it—I have not lived at Cambridge all my life—I have been backwards and forwards there the last four years—this gown, shawl, shift, and drawers are mine, (looking at them) and these keys are mine, they were in my pocket—I do not know whether I had any money in my pocket.
F. J. Absolon. Q. In what state did you leave your shift and drawers when you left my place, you stated before the Magistrate that we would. not let you put your shift and drawers on? A. My shift and drawers were not in pawn, they were found on the female prisoner's person—I found myself for a week without a shift on—I did not send my gown and shawl to pawn to supply me with gin—I was stupified the whole time—I have no recollection of their being pledged—I do not know that I was there six days.
F. J. Absolon. She was there from the 4th till the 11th—she laid in bed all the time, and did not drink less than a quart of gin a day—we took her in out of charity.
JAMES EDMONBON . I am a surgeon, and live in Middlesex-street, Clerkenwell. About twelve o'clock at night, on the 11th of March, I was desired to attend the prosecutrix, who was then in the Rosomon-street station-house—she was in a state of feverish and nervous excitement, and labouring under fits—she had been drinking spirits, without drugs most
decidedly—I saw her again about seven o'clock the next morning—she was then much better, but the fits had not entirely subsided—she said she was afraid she was about to miscarry.
WILLIAM TAYLOR . I am a surgeon, and live in St. John-street-road I saw the prosecutrix at the workhouse, on the 12th of March—she in. peared as if she had been taking spirits, but no drugs—there were no symptoms of her having taken poison or soporific—she was in a state of fever.
JOSEPH WEST . I am master of Clerkenwell workhouse. On Tuesday, the 12th of March, the prosecutrix was brought in there on a stretcher, from the station-house—she had a black silk gown on, and a large velvet tippet, with brass ornaments in front, and a bonnet—on the 14th the male prisoner called, to make inquiries about her health, and stated he could give some information about her—he produced a card, with the name of "Mr. Locke, Upper Bedford-place," on it, and a bunch£of keys that he said he had taken from her pockets, and he said he had in his possession the duplicates of some clothes she had pawned—he asked to see her—I thought he was a friend of hers, and I allowed him permission to go and see her—on the following Monday he came again, and said, "I understand that young person is going to leave your house"—I asked him how he knew that, and what was his motive—he said he wished to have the clothes she had on, as they belonged to him—I then asked where her clothes were—he said, "Oh, I know nothing about them"—I said, "You certainly must know something about them; you hardly took a person into your place naked"—he then shifted the question, and did not make me any reply—I told him one of our overseers wished to see him—he said he had no objection—I gave him the address—he went, and in three quarters of an hour he came back—in the mean time the overseer had cone to our house, and he gave him in charge.
MARIA CLAPTON . I am an inmate of Clerkenwell workhouse—I was there when the prosecutrix was brought in—she was sick, and I let her lay five or ten minutes, and then I undressed her—her stomach smelt as if she had been drinking rum or brandy, not gin—she had no shift on—she laid in bed all day, and the next day she asked Mr. Millo for pen, ink, and paper—she sat up in bed, and wrote a letter, and in the evening she wrote another, which she directed to the Heathcock—on the Thursday I saw the male prisoner there—the prosecutrix said to him, "D—n you, I have a great mind to slap your face; have you got any money?"—he said "No, not a farthing"—and she said, "I have not got a d—d farthing"—I told him he could leave any thing for her at the gate, and it would be given her as safely as if he gave it himself—he went away, and I saw him no more till he was at Hatton-garden—the prosecutrix did not say a word about being robbed.
F. J. Absolon. Q. Do you recollect her asking me if I had brought her any gin? A. No—she had a coloured apron, which she said was given her at the station-house, it was round her waist.
WILHELMINA SHAW . I am housekeeper to Mr. Locke, of No. 18, Upper Bedford-place. I answered the street door about half-past six o'clock on a Friday evening, and the prosecutrix arrived there—she was dressed in a cotton gown, a dark shawl, and straw bonnet—I saw her
again the next day, Saturday, at half-past two o'clock—my master was not in town at that time—I gave her 2s. 8d.—this was ten days before she met the prisoners—I merely speak to the fact of her having good clothes on—I afterwards asked for a sovereign for her, and went with it to the prisoner's house, No. 53, Cow-cross-street—(the female prisoner had called, and given me her address)—I saw the female prisoner there and the prosecutrix—she was in a most wretched state, lying in bed—I do not know whether she was sober or not—she was not stupified, she spoke sensibly—I did not see any clothes there—she did not complain of any loss she had sustained—she said her things were in pawn.
Francis John Absolon. Q. Yon know my wife called on yon with a note? A. Yes—I believe she received something, but I do not know what—she called after that, and saw me—the prosecutrix did not complain of any ill treatment from you—she said she wished to return to Cambridge—I believe she said a relation of hen was dead.
JOSEPH BRUNSWICK ROSIER . I am a pawnbroker. I produce this gown and shawl pawned at separate times by a female, but I do not know who, in the name of Ann Francis, No. 6, Peter-street—that is in Cow-cross-street.
WILLIAM PENNY . I am a police-inspector. On the 18th of March the male prisoner was given into custody by the prosecutrix—he told me if I would go to No. 53, Cow-cross-street I should find the duplicates belonging to part of the property—I went, and found the duplicates of these things—it is within a few yards of Peter-street.
GEORGE COOPER . I live in Thames-street, and am a cutler. In the beginning of March I was at the Heathcock in Heathcock-court, Strand, late one evening—I intended to sleep there—I saw the two prisoners there, and the prosecutrix was sitting close" to the female prisoner, and talking to her—the male prisoner was leaning over the table talking to her—a man who was there said to me, "I don't like to see this, do you?"—I said, "What do you mean?"—he said, "It is like taking a sheep to the slaughter-house if that woman goes with those people"—the prosecutrix looked excited—I do not know what she had been doing—she sat with bread and cheese before her, but she did not eat—the man that spoke to me then went and sat between the prosecutrix and the male prisoner—the prisoner said, "Do you call that acting like a man or like a gentleman, to take my friend from me?"—the man said, "I don't know that she is your friend"—the male prisoner then said, "She can't do better than to go with me"—the man then said to the prosecutrix, "Do you wish to go with this man, or talk with him?"—I cannot say which—she said "Yes"—the man then went away.
Francis John Absolon. Q. Did she drink with the man you are speaking of? A. I think she did—she did not drink much with him.
MICHAEL GILMAN (police-constable G 198.) I was in Turnmill-street on the 11th of March—I saw the prosecutrix and a female in a hackney coach—the coachman stopped in the street, and asked for his money—the prosecutrix said she had given it to the male prisoner, and he was gone into the public-house—the sergeant fetched him out—he said the proseeutrix had given him no money, but he would pay, and he paid—I came round again, and found the prosecutrix quite senseless by herself—she was taken to the station-house.
Prisoners' Defence (written.)—"We first met with the prosecutrix on the 4th of March, at the Heathcock, Heathcock-court, Strand. She
was then in company with a young man she called her Teddy. They were drinking gin-and-water. We got into conversation together; they told me they had come from Cambridge on the Thursday; he said he was a steeple-chase rider she got tispsy some quarrelling took place between them. I advised them not to quarrel; he said she got so drunk, it was impossible for any man to live with her; that she would drink four or five quarterns of gin before she would get out of bed in the morning. I saw her again the next evening at the same place she was by herself. She told me her Teddy had left her; that she had no place to put her head, for the landlord had threatened to turn her out, because she had no money to pay her lodging; that she was a married woman, the wife of Mr. Locke, 18, Upper Bedford-place, Russell-square: that she had been seduced from her husband by this steeple-chase rider; that he took her to Cambridge, and for the last seven months she had supported him by prostituting herself at Cambridge; but now she wished to get reconciled to her husband, for he was Dot aware of what had passed for the last seven months, because he thought she was at her brother's. I told her ours was very humble, but any place would be better than stopping in the streets: she might come, if she had no objection, to make shift for one night, if the landlord turned her out. She commenced drinking with a man she called Buckfriday, but whose proper name is Bissett. She got very noisy, and the landlord turned her out, giving her a shilling, as he said, to get her a lodging; she waited for my wife and self, and, when. we came out, asked if she could go with us; it was then too late for her to get a lodging; and that being the case, we took her, out of pure motives of charity, home with us. The next morning she awoke me early to fetch her some gin. I brought her half a pint; the drank it off at one draught she pretended that she was miscarrying; we asked her if she would have a doctor; but she said no, that she had often been in that way before, and did not require one; if she had some gin she should soon be better. At her request, her gown and shawl were pledged to get her gin; and during the time she was at our house, which was from the 5th till the 11th, she never got out of bed, nor drank less than a quart of gin per day. She took her meals with us, but never paid any share towards them. During the time she was at our house, she made no secret, but wrote several notes; amongst the rest, was one to Mr. Locke; the purport of it I do not know, but he sent her six shillings. She complained very much at his not sending her more, and requested my wife to go again on the following morning, to ask the housekeeper of Mr. Locke to come and see her. This lady states that the prosecutrix made no complaint of ill usage, although my wife offered to leave the room; therefore she had every opportunity of telling this lady, had she experienced any ill usage; she likewise told this lady her clothes were in pledge, but she did not tell her we had clandestinely pledged them this lady left her a sovereign. Does it stand to reason, that, had it been our intention to have robbed her, we should have introduced a female to her, to whom she might have told all her affairs? This sovereign was spent in gin. I and my wife advised her not to drink so much, but she said she had lived upon it for the last four months, and she must have it. On the 10th, Sunday, she said she had two boxes at the coach-office, containing very handsome clothes, and she should like to go to her husband's on the morrow, if she had clothes to go in; at this time she had in pledge her stays boots, flannel petticoat,
gown, and shawl. My wife said, 'I am going to tea at my sister's, in Surrey-street, Strand, and I think I could borrow a sovereign, and that would get your things out of pledge, if you think you could pay, so that I could give it her to-morrow again;' she said it would be no use her having her gown and shawl, for she had represented to Mr. Locke that her mother was dead, and she must go in mourning, for she had received money for the purpose of purchasing mourning, and had spent it with her Teddy in Cambridge. We told her we had a black satin pelisse in pledge for five shillings, and a black velvet cape we could lend her. She said that would be just the thing. My wife did not get the sovereign that day; but on Monday, the 11th, she started after breakfast, and returned in the afternoon with the money. I went for her things out of pledge while she got op; when I returned she asked my wife what she should do for a shift, *******—she said she should burn it, and go without one for luck, for she had plenty in her boxes. My wife said, Do not do that; I will wash it.' She said, 'Well, if you do not mind washing them, here are the trowsers too/ which she drew from under the bed. We then started, and on the road she spent all the change of the sovereign which I had given her, for brandy. We waited outside while she went in to Mr. Locke's; she shortly returned, and called a coach; we got in with her, and she ordered the coachman to drive to the Haymarket, and she would have a lark. I with great difficulty persuaded her to go to my sister and return the sovereign, and the coach drove to Surrey-street. She said she had two sovereigns; one she changed in Surrey-street, at a public-house where she had some brandy, to pay the coach fare, 1s. 6d.; and one she left with my sister's landlady, my sister not being at home; she then went to the Heathcock and redeemed a veil she had left there for three shillings, and spent fourteen shillings in spirits; she pretended to be in fits, and was put into a coach; we rode with her, in company with a man named Curtis, that I have since learnt was a friend of hers. She made use of shocking language in the coach, both to me and my wife, that at last I said she should not come to my place again. I paid the coach fare, because she had no money, and left her. I heard nothing more of her till Wednesday, the 13th, when I saw the description of her in the 'Times' paper. I went directly to the workhouse. I gave them every information in my power respecting her. I told Mr. Millo respecting the shift, drawers, duplicates, and keys. They asked me to bring the keys. I did so at their request. Mr. Millo asked me what was her name. I told him she called herself Mrs. Locke, but I thought she had not given them her right name, for the dirty linen she had left behind was marked 'E. A. C'"
NOT GUILTY .
1300. WILLIAM HARRIS was indicted for stealing, on the 25th of March, 1 watch, value 3l.; 1 seal, value 3s.; and 1 watch-ribbon, value 1d.; the goods of Mary Bowen; and that he had been before convicted of felony.
EMMA SCANLAN . I live in this house—the prosecutrix was visiting my mother. On the 25th of March, the prisoner came to look at our apartments—I showed him the second-floor, which was to let—he went in the
second-floor back room, where the prosecutrix slept—he walked about that room, and asked me to go down and get him a card—I said I would give him one when he went down—he asked me to draw up the blind that he might see that it was open at the back—no one else was in the room but him—after he was gone we missed the watch.
Cross-examined by MR. CLARKSON. Q. Have you no servants? A. We have a boy—I did not leave the room while the prisoner was in it.
Cross-examined. Q. Had you ever seen him before? A. No; he was in the shop two or three times before I served him—I saw him again a week afterwards—I can swear to him.
Cross-examined. Q. What are you? A. A general dealer—I liven White Lion-street, Pentonville—I do not in general deal in duplicates, but knowing the prisoner to be a respectable young man, as I thought, and knowing his friends, I bought it—I keep a bottle and phial warehouse—I am obliged to have "marine stores" written up, on account of any thing being brought in—I buy rags and iron, and other things.
GUILTY . Aged 33.— Transported for Seven Years.
GEORGE TREW (police-constable H 125.) On Saturday night, the 9th of March, I was going along Brick-lane, Spitalfields—I saw the two prisoners before me—they stopped a gentleman, and spoke to him—he was a little the worse for liquor; and I saw Limbert put her arm round his waist and take a handkerchief from his pocket—Carter was talking to him, but I think she must have seen what Limbert did—Limbert put it under her arm, and went down Wentworth-street—Carter followed—I followed them—Carter held out her hand to take it, and I took them into custody—Carter tried very much to get her from me—I do not know who the gentleman was.
Limbert. The gentleman gave me the handkerchief, and said I was to meet him the next evening, and he would give me some money.
FRANCES TREW . I am the wife of George Trew. I was with him—I saw the two prisoners stop the gentleman—one stood in front of him, and the other took a handkerchief from him, put it under her shawl, and went down Wentworth-street—my husband followed, and took her—Limbert said a boy gave it to her.
Carter. I met this girl—I stopped to speak to her—the gentleman came and spoke to her—he gave her the handkerchief, and said he would see her the next evening and give her some money, as he had none then—the officer said if she would not give him the handkerchief he would take
her to the station-house—she would not, and he dragged her away—I went to Worship-street on the Monday morning, and he took me.
LIMBERT— GUILTY . Aged 18.
CARTER— GUILTY . Aged 18.
Confined Three Months.
Sixth Jury, before Mr. Sergeant Arabin.
ROBERT GLENDENNING . I am a baker, and live in Charlotte-street. The prisoner was my journeyman, and received money on my account, which he ought to pay every evening when he booked his bread—he did not account to me on the 16th of April, for 4s. 2d.; nor on the 2nd of May, for 9s. 9d.; nor on the 15th of May, for 9s. 9d.—I spoke to him about it, and he said the customer, Mrs. Metcalf, had not paid him.
Cross-examined by MR. CHAMBERS. Q. Do your wife, son and daughter receive money? A. Yes, occasionally—whoever booked the bread received the money—Mrs. Metcalf used to pay weekly.
ELIZABETH METCALF . I deal with the prosecutor for bread—the prisoner used to bring it—on the 16th of April I paid him 4s. 6d.—here is the receipt to the bill—on the 2nd of May I paid him 9s. 9d., and on the 15th of May 9s. 9d.—here are the receipts.
GUILTY . Aged 21.
MR. GLENDENNING re-examined. The prisoner never paid these sums—I spoke to him about them—he said Mrs. Metcalf would pay next week—he repeated that observation whenever I mentioned it—each of these bills that were sent in to the customer, have the words "Bill delivered" scratched out.
Cross-examined. Q. Did you question him every week? A. Perhaps Dot every week; but every time I asked him, his answer invariably was, she would pay next week—she is a very respectable woman, and I would have trusted her 20l.—the prisoner lived in my house—I do not think he was in distress—he had 18s. a week, and lodging, bread, and so on—he was not allowed to deduct his wages out of what he took—I paid him every Saturday night.
(Samuel Smith, a shoemaker, of Union-street; and Mrs. Smith, a school-mistress, of Dorset-court, gave the prisoner a good character.)
GUILTY . Aged 21.— Transported for Seven Years.
JOHN GOLDING . I am a brush-maker. The prisoner was in my service two or three months—on the 9th of April I gave him a shilling, to buy a string of catgut, about six o'clock in the evening—he returned without it
—he said he had trusted his brother with the shilling to get the catgut, and he thought he would have been back before he was.
NOT GUILTY .
JOHN GOLDINO . On the 10th of April, about half-past nine o'clock in the morning, the prisoner came into the shop, and said, "Am I to go for bones this morning?"—I said, "Yes," and gave him 9s.—he went away and did not return—I did not see him again till the 1st of April this year.
Cross-examined by MR. CHAMBERS. Q. Did you not recommend him to the Commissioners as a policeman? A. Yes; I had my signature to a petition—I did not go to Scotland-yard to inquire if he had been received, because I heard he went to Birmingham—he left me on the 10th of April, 1838—he took a bag with him to fetch the bones—the bag was returned to me five or six days afterwards, and I sent a message by the man who brought it me, to tell the prisoner to come to work.
NOT GUILTY .
BENJAMIN BRITTAIN (police-constable D 73.) On the 19th of March I went into a public-house, and saw the prisoner—I told him I took him on suspicion of stealing an ironing-stove from Mr. Perkins, of Lisson-grove—he said I was wrong, he knew nothing about it, and he had not been in the neighbourhood that night—this is the stove—(producing it)—Mr. Perkins allowed me to take it from his door after it had been replaced.
HENRY PERKINS . I am an ironmonger. This stove is mine—when I came home on Monday evening, the 18th of March, I was informed it had been taken away, but it was then brought back, and was on my premises.
ALFRED CALCUTT . I live with Mr. Handford of Lisson-grove. On the evening of the 18th of March I saw the prisoner loitering about our door, which is nearly opposite the prosecutor's—I watched and saw him cross the road, take up the stove, put it on his shoulder, and walk off with it—I and Mr. Bevan ran after him, and called, "Stop thief"—he threw it down, and ran—I pursued till he was stopped by some persons, but there was no policeman, and we let him go—he was taken the next day—I am sure he is the man.
WILLIAM BEVAN . I am shopman to Mr. Handford of Lisson-grove. On the 18th I saw the prisoner looking about—he then crossed, and took the stove—I ran out, and the boy called, "Stop thief"—the prisoner dropped the stove—I took it back—I am sure he is the man.
GUILTY . Aged 27.— Transported for Fourteen Years.
WILLIAM JAMES NEWTON . I keep the Horse and Leaping Bar public-house, in Blackfriars-road—the prisoner was my housemaid for three or four months—we were dissatisfied with her conduct, and discharged her, but not for dishonesty—I lost two rings from my bed-room, but I did not discover the loss till she had left me for three weeks—these are my rings.
GUILTY .—Aged 19.
JAMES PERKINS . I keep the Marquis of Wellington in Cornwall-street. St. George's in the East. The prisoner came into my service early in March—Mr. Newton gave her a character—we were dissatisfied with, her conduct, and on the 26th of March I marked some money, and amongst it tome half-crowns—I put it into the till—I missed some, and asked the prisoner to let me see her box—she went up stairs and shewed it—I then said, "Let me see what money you have?"—she pulled out of her pocket four half-crowns—three were good, and one was bad—one of the good ones was one I had marked, and put into the till—this is it—(looking at it)—I cannot say whether I lost any more.
GUILTY . Aged 19.— Transported for Seven Years.
THOMAS MONTAGUE . I am a labourer on the Regent's canal. I was at work on the 3rd of April—I went away about four o'clock, leaving my shovel where I usually did—I returned in about ten minutes, and it was gone—this is it—(looking at it)
WILLIAM STOKES . I am a labourer on the Regent's canal. I was at work on the 3rd of April—I went away about four o'clock, leaving my shovel sticking in some sand—when I came back it was gone—this is it.
Prisoner. I was by a public house door—a man came, and said if I would pawn them he would give me some beer.
GUILTY . Aged 42.— Confined Three Months.
MARY ANN WILLIS . I am married, and live in Princes-street, Leicester-square—Jane Hayes left her box in my care when she went to the Strand Union on account of an accident—the prisoner, who was a stranger to me, came on the 12th of February to my house and brought me a note, which I have destroyed; it was to request me to send to Jane Hayes, from whom
it purported to come, a gown, an apron, and some other things, but I could not read them—I gave the prisoner a gown and apron belonging to Hayes, and in three days afterwards I discovered that the note did not come from Hayes.
Prisoner. I never saw that lady in my life. Witness. I can take my oath she is the person.
JANE HAYES . I am single—I left my box of wearing apparel at Mrs. Willis's—I became acquainted with the prisoner at the Strand Union—I told her where my clothes were, but I never sent her with a note for my gown and other things—I have never seen my gown and apron since.
Prisoner's Defence. I have known the prosecutrix for years as a fellow. pauper, but am innocent.
GUILTY . Aged 30.— Confined Six Months.
JAMES BROWN (police-constable T 138.) I met the prisoner on the evening of the 3rd of April, in Oxford-road, carrying this counterpane on his head—I asked what he had got—he said he had brought it from his aunt, and was taking it to his mother—I felt it was wet—I took him to the station-house, and in going along, I again asked him where he got it—he then said he had tumbled over it in a lane—I found the owner at Petersbridge-place, Kensington.
Prisoners Defence. A footman turned round a corner and fell over this and cut his face—he told me to take it up and carry it home.
GUILTY . Aged 14.— Confined Three Months.
MARY MARGARET BLUCK . I am an ironmonger and live in Theobald's-road. On the 1st of April the prisoner brought me a request for goods—Mr. Mayes had dealt with me, but I did not believe the order came from him, and I did not let the prisoner have the goods—he had had goods before to the amount of 2l. 12s., and I gave him into custody—this is the request he brought—(read)—"Please to let the bearer have what things he wants, whether he has got the book or not. MAYES, carpenter."
WILLIAM SHAW MAYES . I know the prisoner—about two years ago, he worked some short time with me—he might have known that I dealt with the prosecutrix—he never had occasion to go for any thing for me—this order is not my writing.
Cross-examined by MR. PAYNE. Q. Were you in the habit of dealing with the prosecutrix? A. Yes, for six or seven years—I live in Orange-street, Red Lion-square—this is not at all like the orders I send—I state the particular goods I want.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Two Years.
(There was another indictment against the prisoner.)
GUILTY . Aged 21.— Confined Six Weeks.
WILLIAM GYLBY WELCH . I am a medical practitioner, and live in the Strand. On the 24th of March I looked into my shop, and saw the prisoner reclining across the counter with his hand in the till—I came out of the parlour, and attempted to seize him—he got out, and ran across and down a street which is no thoroughfare—he was taken, and conveyed to the station-house—none of the money was found on him, but he dropped this box, which is mine, and contains a half-sovereign, two shillings, two sixpences, and three groats—he took the box and money out of my till.
Cross-examined by MR. PAYNE. Q. How long before had you seen this box of money in your till? A. About half an hour—the prisoner was brought back in two or three minutes—I did not see the box in his possession—he attempted to hide it under his coat.
JACOB WOODWARD (police-constable F 132.) I heard the alarm, and saw the prisoner in Cecil-street coming back with Mr. Welch—I found on him one penny—I believe this box was dropped in the street with the money in it.
MR. WELCH re-examined. The box was picked up within two yards of my own door—I did not see it dropped—I know the prisoner is the person who was in the shop.
GUILTY. Aged 20.—Recommended to mercy. — Confined Six Months.
JAMES BYRNE . I am a boot-closer, and work for a gentleman at the top of Marylebone-street—I was in High-street, Marylebone, on the 30th of March, between eleven and twelve o'clock at night—I saw the two prisoners near the prosecutor's shop—I heard Hobbins remark that there was a couple of fowls—I went on a few doors past Devonshire-street—I then turned, and saw Hobbins take the fowls off the prosecutor's board, and give them to Cotter—I told the prosecutor, and he missed a duck and a fowl—the prisoners got away then, and in about twenty minutes I was returning, and saw them at the bottom of Marylebone-street—I watched them till I saw a policeman, and had them taken.
COTTER— GUILTY . Aged 19.
HOBBINS— GUILTY . Aged 16.
Confined Six Months.
OLD COURT.—Monday, April 15th, 1839.
Fourth Jury, before Mr. Sergeant Arabin.
JAMES FITCH . I am a labourer—I lodge in Rupert-street with my brother. The prisoner, who is a coach trimmer, lodged in the same room—I kept my clothes locked in a box in the room—on the 2nd of February I found it broken open, but it must have been done before—this is my coat and waistcoat—(looking at them)—I have not found my trowsers—I never permitted the prisoner to pawn them.
SARAH HUGHES . On the 19th of December the prisoner, who I have known six or seven years, asked me to pledge this coat for him, which I did at Mr. Tate's, in the name of Ann Hughes, and gave the prisoner the money.
ROBERT FEE . I am a policeman. I apprehended the prisoner on the 19th of March, and told him it was for stealing the coat and other articles—he told me where the things were pawned—I went, and found the waistcoat.
Prisoner's Defence. I pledged the clothes, but intended to return them—he said he would give me time to get them back.
GUILTY . Aged 30.— Confined Three Months.
Before Mr. Justice Coltman.
1317. WILLIAM JONES as indicted, for that he, having been convicted of uttering counterfeit coin, did afterwards, on the 13th of March, feloniously utter and put off, to Richard Hewit, a counterfeit half-crown, knowing it to be counterfeit.
The HON. MR. SCARLETT and MR. BODKIN conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant-solicitor to her Majesty's Mint. I produce a copy of the record of the conviction of William Jones, at this Court, in June 1838—I have examined it with the record, and it is a true copy—(read.)
WILLIAM CHING . I am a policeman. I was in attendance in the June Session, 1838, when the prisoner was tried and convicted of the offence stated in the copy of the record—I was the officer who took him on that charge.
RICHARD HEWIT . I keep an orange-stall, at the end of Rosoman-street, Clerkenwell, and live in Red Lion-court. On Saturday, the 9th of March, the prisoner came to my stall, between nine and ten o'clock, and asked how I sold my oranges—I told him 1d. each—he took four, laid them down at the end of the stall, and handed me a good half-crown—I looked at it, and handed him two good shillings, and a fourpenny piece, expecting to get 1d. from him—he then said he would not have the oranges, as he thought to get them at a halfpenny a-piece—I meant to sell them two for three halfpence—we generally ask more at first—he said he would not have them, except at a halfpenny each—I handed him the half-crown back, and he gave me back 2s. and ran away as hard as he could—I suspected something, examined the shillings, and one of them was bad—it was not the one I had given to him, because I had examined them both—I am sure I did not give him a bad one—I rolled it up in a piece of paper, and kept it till I gave it to the policeman—the prisoner came again on the Wednesday following, the 13th, and asked me how I sold my oranges—I told him 1d. each—he took three, and handed me a bad half-crown—I put it to my
teeth, and it began to bend—I said, "This it a very nice piece you have brought me again to-day," and told him it was sufficient for him to have passed one before, on the Saturday night—he said, "What is the matte?"—I said, "It is a bad one"—he said, "Give me my own"—I said, "No, I will not, till I have given you in custody to a policeman"—he said he would fetch me a policeman—he went down to the end of the prison wall, and looked about him on both sides—a little boy came up, I told him to mind my stall, while I followed the prisoner—when he saw me leave my stall, he ran away—I hallooed out "Stop thief," and ran after him—when I got up, the policeman had stopped him in some ruins—he had ran more than one hundred yards—I gave the bad money to the policeman.
GEORGE WATERLOO HOLLAND . I am a policeman. I heard the cry of "Stop thief," and saw the prisoner running—he jumped down a place where a foundation was digging for a house, about one hundred and fifty yards from Hewit's stall—I jumped down and took him—Hewit came up, and told me the charge—I asked the prisoner if he had passed the half-crown which Hewit gave me—he said, "I did not pass it"—Hewit after-wards gave me the shilling—I asked the prisoner if he had ever seen Hewit before—he said "No"—I told him he charged him with passing a shilling on the Saturday before, but he denied ever having seen him before—I produce the shilling and half-crown.
GUILTY . Aged 22.— Transported for Fifteen Years.
Befog Mr. Baron Maule.
The name of one of the commissioners set out in that part of the indictment charging the previous conviction, being spelt Amsley, instead of Ansley, the Court directed the prisoner to be ACQUITTED .
Before Mr. Justice Coltman.
1319. CHARLES CHAPMAN was indicted for feloniously and knowingly uttering a counterfeit half-sovereign, to James Day, on the 9th of February; he having been previously convicted of uttering counterfeit coin.
Cross-examined by MR. DOANE. Q. Were you in Court when the verdict was given? A. Yes, and heard the Judge pass sentence I believe—it was twelve months imprisonment—I had had him in custody.
JAMES DAY . I am shopman to Mr. Smith, a cutler, in King William-street, London-bridge. On the 9th of February, between seven and eight o'clock, (I think after the gas was lighted,) the prisoner came into the shop, and asked for a tooth-pick—he was not dressed as he is now—I showed
him a tray full—he chose one, and gave me a sovereign—I gave him half-sovereign and eight shillings change—he had said nothing about the price—he examined the change, and said, "Do you charge me 2s.? I never paid more than 18d."—I said 2s. was the price; we never sold them for less—he said, "I will not have it—give me my sovereign"—I did so, and he put down on the glass what I supposed to be the change I had given him, and left the shop in haste—I looked at the change directly, and found a gilt sixpence had been substituted for the half-sovereign—I am certain I had given him a half-sovereign, I had looked at it—I went to the door to look after him, but could not see him—I put the coin at the back of the till, in a compartment which had no money in it—it remained there till about the 30th of March, when I took it out, marked it, and put it into my pocket—I am certain it remained there till I took it out—I had not marked it before—I know it to be the same—I took so much notice of it, and the place where I put it was never opened only on certain occasions—there was no other money in that part of the till—the till is under my control—there is no key to it—Mr. and Miss Smith had access to it, no-body else—I had received one counterfeit half-sovereign once before, but on the 9th of February I had none in my possession but this—it has been in my pocket, in a piece of paper, ever since the 30th of March, and I can swear it is the same.
Cross-examined. Q. You did not mark it till the 30th of March? A. I presume that was the day—it was nearly two months after I received it—this is very unlike a good half-sovereign—the impression on the head side is like, but the gilding and appearance is not—there is no other person who has access to the shop but Mr. and Miss Smith and myself, only to-day, as we are compelled to attend here—the till was always settled every evening, but this coin was never taken out—I saw it every day—an eighteen-penny tooth-pick is very uncommon in our shop—I saw the prisoner at the Compter about a month after the 9th of February, that might be a week previous to my marking the coin.
WILLIAM FERRISON SMITH . I am a cutler—Day is my shopman. I first saw the counterfeit half-sovereign the evening it was passed—after looking at it I put it under some paper at the back of the till, in a separate compartment, and it has remained there ever since, as far as I know—only Day and myself have access to the till—my sister lives in my house, she comes down at night to add up the amount of the money, in presence of myself or Day, but is never in the shop alone—she is not here, being ill, and under the care of a doctor.
HENRY LAMBERT . I am shopman to Mr. Farthing, a cutler, in Corn-hill. On the 9th of March the prisoner came to the shop, about half-part five o'clock, and asked for a penknife—I took a tray out of the window—he selected one immediately, at 6s. 6d., but did not ask the price—he threw down a sovereign, and I put a half-sovereign and 3s. 6d. change on the glass-case—Mr. Farthing had put the half-sovereign into the till that morning—the prisoner then said, "I don't like this—I will have a silver-handled one"—I looked into the trays under the glass-case, and told him I had not one—I then looked at the change, and discovered that a gilt six-pence had been substituted for the half-sovereign—I took it up, rang it on the glass, and found it was not the half-sovereign I had put down, but a gilt sixpence—I said to the prisoner, "This won't do, Sir"—I jumped over the counter, and seized him by the collar—he put something into his
mouth, put his hand to the back of his neck, and swallowed twice—I sent for my master, who came with a policeman—the prisoner directly snatched at the gilt sixpence, which was still lying on the glass case, but did not get it—we prevented him, and I gave it to my master—the policeman seized him by the throat, and tried to prevent him swallowing—I went to the station-house with him, and on my return received the sixpence from my master—I took it to the station-house, and gave it to the inspector.
Cross-examined. Q. Did not you say on a former occasion that you suspected it was a different half-sovereign, and not a gilt sixpence? A. No—I suspected at once that it was a gilt sixpence—I never suspected it was a different half-sovereign.
JOHN FARTHING . I am a cutler, in Cornhill. On the morning of the 9th of March I put some sovereigns and a half-sovereign into my till—I looked at them all, and they were good, I believe—I think I an always detect good from bad—I went out in the afternoon, there was then only one half-sovereign left in the till—I was sent for home, and found a policeman and the prisoner in the shop, with Lambert—there was some silver on the counter, and what appeared a half-sovereign—I took it up, and laid it down again, and directly after-wards the prisoner darted forward, made a snatch at it, and said, "Give me my money"—I knocked his arm on one side, and prevented his getting it—the coin was left behind while the prisoner and Lambert went to the station-house—when Lambert returned I gave it to him from the glass-case—it had not been mixed with any other—I can swear it was the same—it had been on the glass-case all the time—I had not left the shop—no one but me and Lambert attended in the shop—several half-sovereigns had been taken that day, and paid away—I am satisfied they were all good that were in the till.
JOHN LLOYD . I am a policeman. I was called into Mr. Farthing's shop on the 9th of March, and found the prisoner there in custody of Lambert, and some silver, and what appeared to be a half-sovereign, on the glass case—the prisoner made a snatch at it—I seized him and held him—Lambert said he had got a good half-sovereign in his mouth—I caught hold of his mouth, to try to get it, but could not—I caught hold of his throat, to try to prevent his swallowing, but he swallowed twice—after that he said, "Loose me, and I will open my mouth now"—Lambert took the gilt six-pence off the counter, and gave it to Mr. Farthing—the prisoner was taken to the station-house, and I found 5s. 6d. In silver on him, but no half-sovereign—Lambert went and fetched the gilt sixpence to the station-house—I was present when he gave it to the inspector, and he gave it to me immediately—I produce it—I have kept it ever since.
Cross-examined. Q. Was not what Lambert said, that he suspected he had got a half-sovereign in his mouth? A. No; I do not recollect the word suspected—he might have said so.
MR. JOHN FIELD . I have examined the two counterfeit half-sovereigns—they are both gilt sixpences—the obverse side of the sixpences is precisely the same as a half-sovereign; in fact, it is made with the same die.
GUILTY . Aged 28.— Transported for Fifteen Years.
First Jury, before Mr. Baron Maule.
1320. RICHARD WHITING was indicted for unlawfully, maliciously, and feloniously assaulting Elizabeth Whiting, on the 6th of March, at Edmonton, and cutting and wounding her on her neck and throat, with intent to murder her.—2nd COUNT, stating his intent to be to maim and disable her.—3rd COUNT, to do her some grievous bodily harm.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
ELIZABETH WHITING . I am the prisoner's wife. I was married to him on the 11th of February—I had only known him two months before—I became acquainted with him casually as I was going to Gracechurch-street alter a situation—I understood from him that he was going to Australia, and he told me he could not go unless he was married—in consequence of what passed between us, I did not go to Gracechurch-street, but returned with him—I was then living with Mrs. Jones, a laundress, at Southgate, where I found he lived—(I was brought up in an Orphan Asylum)—I continued to see him from time to time down to the period of our marriage—the day before we were married, I told him if he had heard any reports about my character I would decline marrying him—he said, "No," he did not believe what he had heard—it was reported that I had been unfortunate—that was true, but it was better than three years ago—I am now nineteen years old—I was living in a family as servant at the time it happened—we were married the day after this conversation—I went at first with him to London for a short time, and then came back and lived at his father's for about three weeks—some unpleasantness arose between us rather better than a week after our marriage, after our return to Southgate—it was one Sunday—I had got his breakfast, and all things prepared to go to church—he refused to go with me, and I went with his father—he did not give any reason for that—one evening, about a week before this attack was made on me, his brother William, who lived in the house, was talking rather familiarly to me, and Richard knocked my head and his together—that did not appear to be done at all in anger—he usually went to bed before me, and did so that night—I did not find the door fastened when I went up—no quarrel or any thing happened that night—on one occasion his brother William attempted to kiss me in his presence—I did not find the bed-room door locked that night when I went to bed—I did about a week before when no quarrel had happened—I waited at the door about a quarter of an hour, and he let me in—I was angry at not being let in, and did not undress myself—I was not very long in the room before I undressed—he requested me to undress, and I did—he then prevented me getting into bed, and said I had stopped out for my own pleasure, and I should now stop out for his—I stopped out for nearly three hours—he then fell asleep, and I got into bed—in the course of that night he swore at me several times, which was a very unusual thing—he told me to get further, and not come near him in the bed—he did nothing to me that night—he told me one morning, about a week before this happened, that I liked his brother William better than I did him, and he pinched me severely—we were in bed at the time—we had no quarrel on Wednesday morning, the 6th of March—I was on very good terms with him on the Tuesday—he asked me for sixpence for drink that day, being thirsty, as he had taken a little too much the day before, and I gave it to him—he got the drink out of doors—he came home at his regular time, between six and seven o'clock in the evening—he went to bed about ten o'clock that night—I did not go till about eleven o'clock as I was in conversation with his father and mother—when I went
up to bed, he was awake—he did not speak to me—I think he remained awake—he was very restless all night, and swore, and called me bad names—he called me a b—h several times—he did not give me any reason for addressing me in that way—I awoke before seven o'clock in the morning—he was then dressing himself—I had heard his brother Charles call him—I was awake then, and when he got up, and was dressing himself—I rather think he did not put his shoes on—I did not see that, but thought so by his walking so lightly—he then left the room for a very few minutes—it was a quarter or twenty minutes to seven o'clock when he was called, and it was striking seven o'clock when he returned—I was then lying almost in the middle of the bed—on entering the room he came to the left side of the bed, which was nearest to him—I usually laid on the right side.
Q. As you lay in bed on your back, was he on your right or left side? A. My left—he left the door open—he came to the left side of the bed, sat on the bed, put his hands on my neck, and said, "Are not my hands very cold?"—I said, "Yes, they are"—he said, "I will move them"—I said, "No, you need not move them"—he then moved his right hand to my right shoulder, and put his left hand on the pillow—I did not notice whether he had any thing in either of his hands—he told me to shut my eyes and open my mouth, and he had something good for me—I told him no, I did not like to shut my eyes and open my month, for I did not know what he would put in it—he said it was something very good—I thought this jocular—I did not feel quite satisfied with what he said, and looked towards his left hand, which was on the pillow—he said, "No, it is not in my hand, it is in my pocket"—it must have been his right hand I looked at, because the other he had previously put behind my shoulder—his hand on the pillow was not on the same side as the hand which was behind me—I was lying between his two hands—it must have been his left hand—my night-cap was off at the time, lying on the bed—he told me he would come round to the other side of the bed and give it to me—he walked round to the other side, and told me again to shut my eyes and open my mouth—I did so—he took my night-cap off the bed and pot it over my eyes with his left hand and kept it there, and while the night-cap was over my eyes, I felt my throat cut—I put my left hand up to my throat to try to prevent it, and he cut two of my fingers; the fourth and middle ones—I struggled and got the night-cap from my eyes—I did not see the instrument, but I saw the prisoner there—I rather think I felt the knife with my hands when I was struggling—I am not quite sure whether I took hold of it, or whether he dropped it—he then left the room, tying, "You did it yourself"—I got out of bed and went to the room door, but was not able to open it—I cannot tell whether it was fastened—I went to the window, opened it, and called out "Murder"—I noticed his brother William outside, in a gentleman's premises opposite—I then succeeded in getting out of the room—the door opened very easily when I went to it a second time—I went down stairs to the lower room, which was opened to me by a little boy—I saw the prisoner, as I went down stain, at the back door leading into the garden, in the way to the privy—I did not pass him—he was at some little distance—after going into the lower room I saw him at the window—he looked in at me from the outside—he then came and knocked at the door, saying he wanted his boots, and if he was not admitted, he would burst the door open—I did not open the door—his brother William was in the room at the time, and he gave him his boots—he did not come into the room while I was there—there is another door to the room besides
the one he knocked at, (the front-door); that was wide open—he said no thing more about what he had done in my presence—I was attended by a surgeon.
Cross-examined by MR. JONES. Q. You had been married about a month when this happened? A. About three weeks—the prisoner did not behave kindly to me—he had severely pinched me previous to this, but in any thing else he was very kind—he did generally behave kindly to me—I am quite sure he mentioned about going to Australia before we were married—I had objected to go—I said I would not go—he said he was determined to go—I was determined not to go with him—I was unhappy about leaving my own country—I objected greatly to go when I saw how he ill-treated me—he severely pinched me, and I told him if he treated me so in his father's house, how would he do in a country where I was not known—I do not recollect saying I would rather die in this country than go to another—I will not swear I did not say so—I have seen the knife with which my throat was cut—(produced)—it is a table knife, not a clasp knife—I had asked the prisoner's brother about a week before this to sharpen a table knife for me—I do not believe this is the knife—it was a knife with a round handle, and I did not observe any gaps in it, as I told the Magistrate—the brother did sharpen it—it had a white handle—I would not swear there were not gaps in that knife—I am quite sure it had not a square handle like this—that knife is not here—I have not looked for it since this occurrence—it was not produced before the Magistrate—this one was, and I said I could not swear as to the gaps in it—the first person I saw besides my husband when I went down stairs was his little brother Joseph—I said nothing to him—I did to his brother William—I did not say, "Good God, see what I have done to myself—I will swear I never said so to William or any of his brothers—I said, "Did you ever think I should come to this?"—when I looked out of the window I saw William in the opposite premises—I saw a brother younger than him down stain—I think William could have heard me very distinctly call murder—I said to Joseph, "Fetch a doctor, for Richard has cut my throat"—I solemnly swear I never said to William that I had done it myself, or any thing of the kind—I was very much agitated and frightened, but I knew perfectly well what I said.
Q. What time had passed between your discovering your throat was cut, taking the night cap from your eyes, and going to the window and making an alarm? A. Almost instantly, directly I came from the door—it was nothing like ten minutes—it was the inside of my fingers that was cut——my husband was taken into custody in the house—I cannot say how long after it happened, for I was carried up stairs—he never entered the house while I was there—he did not express any wish to come and see me, he merely wanted his boots—I would not have him admitted, because I was afraid of him—I was put into the same bed again—the bed-clothes were quite close up to my person at the time this was done—it was a white counter-pane—I saw the knife while I was down stairs—it was brought down by the younger brother, who went up to fetch a blanket, as he could not find a shawl to wrap me in—I heard inquiries made in the course of the week for the knife which I had had sharpened, and a knife was missing—I cannot say whether it was missing almost directly after William had sharpened it for me—it was mentioned the same week, and it might be soon after—w had gone to bed on Tuesday night without having had any words or any quarrel—he had not been drinking much in the course of that day—he had
had a little—he had the money from me, but he was quite sober—he swore at me several times in the night, and called me several names—he was awake when I went up—he did not complain of my disturbing him, or appear angry—he gave no reason for swearing at me in the night—I remember Mrs. Leversege coming into the room while I was down stairs—she came into the bed-room afterwards—I do not remember her saying to me, "It is very odd if your husband did this while you were in bed, that there should be no blood on the quilt or bed clothes"—I rather think there was blood on the sheet—I do not remember her saying any thing of the sort—I cannot say she did not—I know there was blood on the sheet, for instantly I felt my throat cut I threw the clothes down, and got out of bed—I was not there when the knife was found—I could not tell whether I felt the knife or not in the bed.
COURT. Q. Had you any clothes on when you got out of bed, and went down? A. Only my night clothes.
MR. BODKIN. Q. You got out of bed immediately the cut was inflicted? A. Immediately, as soon as possible—I had gone to bed with both my stockings on, as my feet were very cold, but in the night; the stocking on my right foot came off—I had the other one on when I got out of bed, and that stocking had blood on it—I had asked his brother to sharpen a knife, as I expected my husband and I were going off to Australia—(I had said I would not go, but he said he would use me well, and I intended to go)—I had a collar to rip off a shirt for him—my scissors were up stairs, and I said, "William, I won't trouble you to go up stairs, be kind enough to sharpen me a knife"—I got a knife with a narrow point and round handle—I said, "Sharpen that at the point only about half an inch round, or it will cut where I do not want it"—he did it, and I used it for that purpose, and other purposes as well—I am not sure whether I put it into the drawer or on the table after using it—I had taken it from the drawer from other knives—I selected it, as it had a narrow point, and suited my purpose best—I never took it up stairs to my bed-room for any purpose whatever—I swear that is not the knife, for the handle was round.
Q. Now, upon the solemn oath you have taken, did you procure that knife with any view or intent to inflict any injury on yourself or any body else? A. No, it never entered my thoughts.
MR. JONES. Q. When you and your husband talked about going to Australia, and you refused to go, did you say if he went you would leave Southgate, and nobody should ever see you again? A. No, I did not, nor any thing of the kind.
COURT. Q. You say your husband called you names on Tuesday night, which was quite unusual, and seemed restless? A. Yes, we did not come to friendly terms, or make it up—he kept it up all night—I was not awake all night, but every time I awoke he told me to get further—I said nothing to him, I only told him he was very restless, and would he like my place—he told me no.
JOSEPH WHITING . I am the prisoner's brother, and am ten years old—I live with my father. On this Wednesday morning, about seven o'clock, as I was in bed, I heard a cry of "Mother," as I thought, two or three times—I could not make out who it was—I got out of bed, and ran down stairs stark naked, looked out at the front door, which was open, and saw my sister-in-law, Elizabeth, at her bed-room window with her neck bleeding—she told me to run for the doctor—I sent my brother Edward, and told her Edward was going—I went up stairs, put on some of my
clothes—I brought some down, and put them on down stairs—I went into the lower room, and fastened the door to keep the wind out—Elizabeth came and knocked at the door, and I let her in—other persons came into the room—I was told to go up stairs to fetch her shawl—I went and looked about the bed, but could not find it—I looked into the bed, and found this knife in the bed, with the blanket covered over it—there was blood upon it—I took it down stairs, and showed it to my mother—I took it and put it into the pantry by her directions—Alder, the policeman, came, and told me to fetch it, and I did so.
Cross-examined. Q. Was the knife on the under sheet? A. It was in the bed, and a blanket covered over it—the blanket was in its right place, turned up—the prisoner was not in the house all the time—I do not know where he was—I do not remember his coming down stairs that morning before his wife—I saw his wife first that morning—she did not say to me, "Good God, see what I have done to myself"—she said, "Your brother Richard has cut my throat"—she said that when I let her in at the door—I did not hear her say at any time that day that she had done it herself—I did not hear her say, "Who would ever have thought it would hare come to this"—Richard was taken up at my father's house—he had staid there all the time—he was not in doors—he would not come in before Elisabeth was carried up stairs—he came in afterwards, and was taken up—he got his living by working with a mud-cart—I do not know whether he had been drinking in the course of that week—I saw him often—he used to come in to dinner and supper—I do not know whether he had drank more than usual that week.
JOSEPH ALDER . I am a policeman. I took the prisoner into custody between seven and eight o'clock on the morning this happened, in the lower room at his father's house—I examined his dress, but did not find the least trace of blood about him—I told him what I took him for—as we were going to the station-house he began to cry—I asked him what he was crying for—he said, "If she dies I shall be hung"—I said, "Pooh, nonsense"—he said, "If she says I done it I shall"—he said she had done it herself, not at that moment, but afterwards, and said they had been uncomfortable for the last week or so—this was not all said at once, but at intervals as we went along—it was nearly three miles to the station-house—I produce the knife which I received from Joseph Whiting.
Cross-examined. Q. Did he give you any reason for being uncomfortable during the week? A. Yes; on account of people talking about her, and jeering—he did not say it was because she would not go with him to Australia—he said they were going.
CHARLES WILKINSON . I am a surgeon at Southgate. I was called on Wednesday morning, the 6th of March, to go to the house where the prosecutrix was—I found her in the lower room, sitting by the fire—she was severely wounded in the lower part of the throat—I examined the wound—it was about four inches and a half in length, and full an inch in depth, or rather better—it is quite healed now—as far as I could judge, I should say the blade of the knife had gone downwards—had it gone upwards, I think it must have been fatal—I think this knife would have produced such a wound—no very large arteries or vessels were separated—the wound was deepest in the centre—the blade of the knife appeared to have been turned more downwards than upwards, and it was lower down in the neck than I have ever seen a wound in the throat—it was down-wards,
because there was a flap below—occasionally at the first cutting of a wound like that much blood will flow, but sometimes it will not flow instanter—I found her very bloody when I got there—I ordered her to be put to bed, and dressed the wound—I found two of her fingers were cut—one, the third finger, very slightly—the other, the second, was much deeper, but not to any great extent—they were in a slanting direction—I should say they had both been cut with the same stroke—the wound in the throat was a serious one at the time—she kept her bed for a fortnight or better, and was laid up from three weeks to a month—I sewed it up—she got up occasionally in the day time, but did not leave her room—the wound was very near the carotid artery, and the jugular vein—if either of those arteries had been severed, death would have ensued most likely before she could have got assistance—my attention was not directed to her fingers by herself in the first instance, but when I was washing her hand, she complained of her fingers, not before—she gave me an account of what had happened to her.
Cross-examined. Q. Was the prisoner present then? A. No—the large vessels were not injured—the wound would not be likely to produce death, having missed the large vessels—from the nature of the wound, the blade must have been drawn nearly straight across, from left to right—the blade went downwards—it appeared to have entered on the left, and come out on the right.
Q. Suppose two wounds, one drawn from right to left, and the other from left to right, what would be the difference in the appearance? A. Why the deepest part would have gone where it first entered.
Q. Would it not be possible for such a wound to be made by drawing it the other way? A. It is possible, but I do not think it probable—it is a matter of opinion.
JURY. Q. But did you not say this wound was deepest in the centre? A. Yes.
MR. JONES. Q. How do you reconcile the wound being deeper in the centre, with saying, the deepest part was where it began? A. I say it is generally the deepest where it commences—this wound was much deeper in the middle than at either end—the knife was apparently drawn from left to right—I have seen cases of suicide from cutting the throat.
Q. Have you not almost invariably found that the wound has been inflicted from left to right? A. Generally—in short, I may say, in all cases—it would be much more convenient than the other way.
MR. CLARKSON. Q. Do you in such instances see the wound inflicted from upwards to downwards? A. No, and I have never seen a wound inflicted so low by a suicide.
COURT. Q. Would not that depend on how the instrument was held? A. Of course it must, but suicides would hold the knife, so as to make the wound go upwards—in this case the skin was cut completely through, and the muscular substance below—the windpipe was not cut, nor any large vessels.
Q. Then the depth was not from front to back, but more downwards? A. Yes, more downwards.
CHARLES ASTON KEY . I am senior surgeon at Guy's Hospital. I have examined the prosecutrix's throat—I first saw it some day last week, when the wound was quite healed—I had no means of judging whether it was a slanting or a horizontal wound—I have seen a great many cases where persons have committed suicide by cutting the throat—I have seen one this morning—in such cases the cutting is more usually effected upwards,
and I have never seen one so low down as this that I remember—certainly not by a suicide—this wound was undoubtedly very near the arteries, the severance of which would, in all probability, have proved fatal.
Cross-examined. Q. Have you never seen a case of suicide in which the instrument took a downward direction? A. I cannot possibly say never, but it is usually upwards—I do not ever recollect a case of its being downwards—it is more awkward for a person to inflict a wound down-wards with either hand—that would depend a great deal on the determinstion with which the party went to work—if he held the instrument firmly, it would take an upward direction.
Q. Suppose a woman, with not a very strong nerve, might not the wound take another direction? A. I should think it would make no difference—the edge of the knife is more commonly held upwards—the deeper parts are cut more upwards than the superficial parts.
(Margaret Turner, widow, Weirs-passage, Charlton-street, Somer's-town; Elizabeth Hubbard, Windmill-street, Tottenham Court-road; Edward Gilham, George-street, Tottenham Court-road; William Vernon, Windmill-street, Tottenham Court-road; and George Stevens,-printer, Drury-lane; gave the prisoner a good character.)
GUILTY . Aged 18.—On the third Count.— Transported for Fifteen Years.
Second Jury, before Mr. Common Sergeant.
JANE SUCKLING . I am the wife of Peter Suckling, of Henry-street, Back Church-lane. On Saturday night, the 23rd of March, I was in a shop in Eagle-street, Whitechapel—I had six shillings, a sixpence, a half-crown, and some halfpence loose in my right hand pocket—I saw it while I was in the shop—the prisoner was in the shop—I felt her close to me for a few minutes—I bought some butter and cheese, and was waiting to be served—as soon as the prisoner left the shop, I went to feel in my pocket for my money, and it was gone—the prisoner had stood on my right hand—nobody else had been near enough to take it.
Cross-examined by MR. PHILLIPS. Q. What money did you lose? A. Five shillings and half-a-crown—I had 18d. and some half-pence—I said I had lost five shillings and half-a-crown, before the prisoner was searched, and afterwards too—that is the sum I lost—I believe I lost 10s.—I did not mention what sum I had lost before the prisoner was searched—I swear that—I said I believed I had lost two half-crowns, I did not assert it—I did not say, after she was searched, that I had only lost one half-crown—I lost 7s. 6d.—I do not recollect saying in the shop that I had lost two half-crowns, and then saying I had only lost one—I will not swear either way.
COURT. Q. I thought you said you lost 10s.? A. I believe I did, but I swear to the money I had in my hand when I went into the shop.
WILLIAM HARRIS . I am shopman at the shop—the prisoner came in and called for some butter—when she left the shop I thought something was wrong, and asked master if he missed any thing—the prosecutrix directly said she had been robbed—she did not exactly know what she had lost, but
she thought it was 10s.—I had seen nobody but the prisoner near her—I went after her, told the policeman, and she was brought back—she was asked where she had been—she said, "Only to a print, shop"—I told the policeman what had occurred, and said I was sure she had been in our shop—she declared she had not been to any butter-shop—the policeman searched her, and found 10s. and some halfpence on her—there was another person with her, who was discharged at Lambeth-street.
Cross-examined. Q. How was the money taken? A. Out of her pocket, I have no doubt—I did not see it taken—the prosecutrix said she had lost half-a-crown—she said at first she thought she had lost two half-crowns—after the money was found on the prisoner she said she was not positive whether she had lost one or two—she said at Lambeth-street the had only lost one—she said she had lost 10s., and part of it was two half-crowns—she said at Lambeth-street it was one half-crown and 5s.
JOHN DUFFY . I am a policeman. I went after the prisoner, and took her into custody—I told her she was accused of stealing money out of a woman's pocket in a butter-shop—she said she did not—I asked if she had been in any butter-shop that night—she said not—I said, "Have you been into any shop at all to-night?"—she said, "No, not a shop"—I took her to the shop, and she said she had purchased a quartern of butter, and had sent it home by her little girl—she gave six shillings, a half-crown, four sixpences, and a 4d. piece out of her bosom—on the Monday morning she said, "What do you think will be done to me?"—I said, "I don't know"—she said, "Well, the butter I purchased I dropped in the shop."
Cross-examined. Q. Did not she say at Lambeth-street that she was perfectly innocent of any theft? A. I do not know—I heard her say to the clerk that she knew nothing about it—the prosecutrix said at first she had lost two half-crowns—she said altogether she had lost 7s. 6d.—I am quite sure of that—she counted what she had in her pocket, and had 1s. 6d. and some halfpence left—she said she was sure she had lost 7s. 6d., but she could not be sure to any more—there was no other sum mentioned by her in my presence—she said there were two half-crowns among it—the prisoner then produced her money, and there was only one half-crown—the prosecutrix did not change her story then—she did afterwards, on our way to the station-house—the prisoner said she had saved the money up to buy some things when she went to the workhouse to be confined—she appeared near her confinement.
NOT GUILTY .
JOHN SAMUELS . I am a merchant, and live in Lawrence-lane, City. On Saturday night, the 16th of March, about half-past ten o'clock, I met the prisoner in Leicester-square, and went with her to Heming's-row, and afterwards to Princes-street—we had a glass of gin-and-water in Heming's row, and another in Princes-street—I was drunk—I had a watch when I went into Princes-street—I had seen it a very short time before I met the prisoner—it was fixed to me by a guard—it cost more than twenty guineas—I fell asleep in Princes-street for about twenty minutes, and when I awoke I found my watch in the policeman's hands—this is it—(looking at it.)
Cross-examined by MR. DOANE. Q. I suppose you had been dining out? A. Yes, at a friend's—I was pretty drunk when I went with the
prisoner—I very likely smoked a cigar in her company, and got spitting about—I will swear I did not give her my handkerchief to wipe off any stain I made on her gown—I cannot tell how much I drank at the two public-houses—I do not recollect giving her my handkerchief to wipe her gown, I have not an accurate recollection of all that took place, but that could not have happened.
JOHN DENT . I am a publican in Princes-street. I saw the prosecutor and prisoner at my house, standing in front of the bar together—the was persuading him to treat several other people who were round, to pints of beer—I afterwards watched, and saw the prisoner take the watch from the prosecutor's waistcoat pocket—she bit the guard through, and pulled it away, and deposited it somewhere about her person—she took his hat off, took the handkerchief out of it, and put it under her shawl—I sent for the policeman on seeing the handkerchief taken, before I saw the watch taken—he came in at the time, went up to her, and she put the watch down—the policeman said, "That won't do."
Cross-examined. Q. Was she at all drunk? A. She was the worse for liquor.
ROBERT FEE . I was sent for; as soon as I entered the house I observed the prisoner sitting in a position I thought not right—I accused her of the robbery—I saw her put the watch out of her own lap into the prosecutor's lap, saying, "You had better take your watch"—he was asleep—I awoke him and asked if he had lost any thing—he said he did not exactly know—I asked him the time—he felt and said he had lost his watch—I requested him to go to the station-house, and by that time he was quite sober and said he had lost his watch and a silk handkerchief.
(The prisoner received a good character.)
GUILTY . Aged 27.— Confined Three Months.
1323. FRANCIS HERBRECHTER was indicted for burglariously breaking and entering the dwelling-house of James Rowe, about one o'clock in the night of the 8th of March, and stealing therein, 4 pairs of scissors, value 4s.; 1 apron, value 4d.; and 2 tame pigeons, value 2s.; his property; and 1 pair of boots, value 2s. 6d.; the goods of John Hurlin.
JAMES ROWE . I am a hearth-rug manufacturer, and live in Orange-street, Bethnal-green—the prisoner lived with me three or four months—on the evening of the 8th of March, I left my workshop about eleven o'clock—it is attached to the dwelling-house, and is part of it—I left every thing safe—I returned about a quarter before seven o'clock—my son did got there before me—I found the premises had been entered by three or four tiles being taken off—a pigeon-house had been forced open, and a pair of pigeons taken out—a pair of boots and an apron were taken out of the workshop—the person must have got in through the roof—(looking 4 some things)—these are my property—the boots belong to my son.
Cross-examined by MR. PAYNE. Q. Is there any space between the workshop and the dwelling-house, or is it all under one roof? A. It joins the dwelling-house—it is under one roof, I consider, because it joins with the tiles—you can go from one to the other without going into the garden.
found the place had been entered through the tiling, and they had opened a window and taken a shutter down to escape—the pigeon-house had been broken open, and a pair of boots and four pairs of scissors were gone—I can swear to these boots—a roof runs from the house to the workshop—it is a lean-to.
Cross-examined. Q. How do you know the boots? A. By their being two odd ones—I do not call them a pair—they are what I used to work in—I had worn them the day before—they have been worn since I lost them—the left boot has got a patch on it, and the prisoner acknowledged, in my presence, in Worship-street, that he took them.
WILLIAM PRICE . I am a policeman. I was on duty on the 8th of March, and met the prisoner with a bundle under his arm, going up Kate-street, leading to Wentworth-street—I told him He was wanted—he said, "What for?"—I asked him if he knew any thing of the robbery at Mr. Rowe's—he said he did not—seeing some blood on his boots, I asked him where he took those boots from—he said he knew nothing about them—he afterwards said he bought them in Petticoat-lane for 1s. 6d.—these are the boots—he had a fowl under his arm—the scissors have not been found.
CHARLES PALMER . I am a police-sergeant. I examined the prosecutor's premises, and found them as described—a man who worked for Mr. Rowe found an old pair of boots down the water-closet—on Monday, the 11th of March, I asked the prisoner, at the station-house, how long he had had his boots in his possession—he said, "A very short time"—I asked him what shoes or boots he wore before—he said, "A pair of low shoes"—I asked him if one was not broken out behind—he said, "Yes"—I immediately showed him these, and after some hesitation, he said they were not the shoes he had worn—he afterwards said they were his—(looking at the examination)—this is Mr. Broughton's hand-writing—(read)—"The prisoner says, I did take the boots."
(The prisoner received a good character.)
GUILTY of Larceny only. Aged 18.— Confined One Year.
(There was another indictment against the prisoner.)
1324. WILLIAM GALE was indicted for stealing, on the 19th of March, at St. Anne, Westminster, 1 watch, value 3l.; 1 coat, value 2l. 10s.; 1 pair of trowsers, value 1l. 3s.; 1 waistcoat, value 14s.; 1 shirt, value 5s.; 2 handkerchiefs, value 8s.; and 6 half-crowns; the goods and monies of William Hall, in the dwelling-house of John Septimus Saul.
WILLIAM HALL . I am a sawyer, and live in Eagle-street, Red Lion-square. On the 19th of March I lodged in Little Compton-street—the prisoner lodged in the house with me—I left my box in my room between five and six o'clock in the morning—I returned about eight o'clock—I found my box broken open, and a suit of clothes, worth 8l., and a watch, worth 3l., gone—these are them—(looking at them)—I also lost six half-crowns—the prisoner came back that night as usual—I told him of my loss—he said he hoped the guilty person would be found out.
six o'clock, and left them at our bar, to be taken care of—he was very much intoxicated.
Prisoner's Defence. I was the last person in the room that morning, not being very well—he found his box open in the evening, but I knew nothing about it.
GUILTY . Aged 31.— Transported for Ten Years.
1325. MARY REID was indicted for stealing, on the 2nd of April, 30 half-crowns, 30 shillings, 20 sixpences, and 10 groats, the monies of George Nane, in his dwelling-house; and ELIZABETH MYLETT , for feloniously receiving the same, well knowing them to have been stolen.
GEORGE NANE . I live in Compton-place, in the parish of St. Pancras—it is my dwelling-house. Reid lodged with me—on the 2nd of April, about twelve or one o'clock, my wife awoke me—I got up, got a light, and saw my bed-room door open—I went to my box, where I kept my money, finding it locked, and the key hanging in its usual place, I concluded I had not been robbed—I had from 8l. to 10l. In that box that night, all in silver—there was, to the best of my recollection, as much as stated in the indictment, but I counted more than that—about eleven o'clock in the morning I had occasion to go to that box to make a payment, and found the money was gone—Reid had not been in the house all the morning—she ought to have been there in the morning—I thought proper to go to Mylett's room, on the 3rd of April, knowing she was her companion, and there I found them both, with several others—I accused Reid of stealing my money—she denied it for a good while—we began to examine the room, and about that time I perceived Mylett endeavouring to conceal something as she sat on the chair, and looking narrowly I saw a bag and heard money clinking—I said to the policeman, "I think there is silver in that bag"—he immediately took hold of it, and found upwards of 2l. In silver—there were some half-crowns—a quantity of new goods were found in a large chest, which Mylett pointed out, saying the things were in that chest—I only found a small quantity of money, and asked Reid what she had done with the remainder of the money—she said they had been to Somers-town, and bought some shoes, and to Lamb's Conduit-street, and bought some things—both her and Mylett said so, and Mylett pointed to the box, and said the things were there—I should have said that immediately after we found the money Reid fell on her knees, wept very much, and implored my pardon, saying she would make it up to me.
Reid. I did not say so. Witness. Mylett pointed to the box, and said the things were there, and they afterwards both said the things were bought at these places—I do not know that they said they bought them with my money.
CHARLES PERRY . I am a policeman. I went with Nane to the room—Mylett stood by the chair, and Reid by the side of her—Mylett said she knew nothing about the money—Reid said so too—I asked if she had bought any thing the night before—I then heard something link between them—I asked Mylett to get off her chair, and immediately found the bag, with seven half-crowns, twenty-five shillings, one fourpenny piece, and some copper—Reid then began to pray of Mr. Nane to forgive her, and said she had taken the money from the box in his bed-room the night previous—Mylett said she knew nothing about it, that Reid had come to her bed-room at twelve o'clock at night, and wanted to
come in, she would not let her in, and she went round, and got in at the window; that she heard money link, and asked what she had there; she said, money which a gentleman had given her, and she would make it all right—I found a lot of new things in the room.
JOHN PIPER . I am a policeman. As I was conveying Reid to Hatton-garden on the 4th of April, she asked me if Mr. Nane would appear against her—I said he certainly would—she said she was very sorry, but she had got into the room on the previous evening, and secreted herself under his bed, and when he and his wife were in bed and asleep she opened the box and took the money out—Mr. Nane came up at the time, and she said no more.
Reid's Defence. I did not tell the officer so, he misunderstood me—I got the money from a gentleman.
Mylett's Defence. I know nothing about it—Reid came to my room with the money, and said a gentleman had given it to her—next morning we went out together, and bought some things.
(John Morrison, and Thomas Oldham, Gravel-lane; and Hussey, Tash-court, Gray's Inn-lane, deposed to Reid's good character.)
REID— GUILTY †. Aged 15.
MYLETT— GUILTY †. Aged 15.
Transported for Seven Years.
GEORGE SANSOM . I am a cow-keeper, and live in Maldon-street, Euston-square. Griffin was about fourteen months in my service as carman—his duty was to fetch grains in the morning—on the 20th of March I sent him to Whitbread's brewery for a load, which he ought to have brought home between seven and eight o'clock in the morning—he ought not to have had any grains from any body else—when the grains arrived I could see they had been defaced at the top—I did not measure them—my name was on my cart in full.
WILLIAM WEALE . I am a policeman. At a quarter to seven o'clock on the morning in question, I was in Bagnigge Wells-road, and saw Griffin driving a cart full of grains—he stopped at Nix's house in Hertford-row, Bagnigge Wells-road—I saw Nix come out with a tub—Griffin took it from him, and filled it with grains—Nix held it on the cart while Griffin filled it—Nix then took it into his own house—I believe this to be the tub—(looking at one.)
Cross-examined by MR. PAYNE. Q. Where did you stand when you saw this? A. At the bottom of Penton-place; about 200 yards off—I went after Griffin—I did not see where Nix put the tub—I afterwards went to the house, and found the grains in the tub—Nix emptied them out in my presence among a lot more—I found the tub standing in the shop, not concealed at all—Nix is a milkman—Barnard went into the house before I did.
Griffin. I have been in the habit of taking my master two or three
quarters of grains every morning, more than he has been in the habit of paying for, and he gave me half-a-crown a week for it—I did not consider I was wronging him.
GEORGE SANSOM re-examined. He has been with mesix years—he has had half-a-crown a-week for the last two months, in consequence of his having extra duty, there being more grains to be brought—it was not in consequence of his bringing more in a load than he ought.
JOHN JAMES BARNARD . I am a policeman. I told Nix I wanted him for the grains which he had received that morning—he said he was very sorry, he hoped Mr. Sansom would forgive him—the tub was full of grains, and he emptied them out directly—I did not tell him to do so.
(Nix received a good character.)
GRIFFIN— GUILTY [Recommended to mercy. See original trial image.] . Aged 27.
NIX— GUILTY. Aged 24. Recommended to mercy. — Confined One Month.
JOHN MANSFIELD . I am an ironmonger, and live in Providence-cot-tage, Vauxhall Bridge-road—the prisoner worked for me. On the 22nd of August, 1837, I gave him 10s. In silver, and 10d. In copper, to get some iron—he took a truck with him—in about an hour I was going down the next street, and found the truck—I never received the iron, nor saw any more of him till last summer, when I met him, and spoke to him—he asked my forgiveness—I turned round to look for a policeman, and he got off—he has since been taken.
Prisoner. Q. Did not you agree to take it of me as I could pay you? A. No, I came to no agreement—I never received any money—you offered me 6d. last Thursday.
Prisoner's Defence. I received very little wages from him—I forgot what he owed me, and could not summons him for it, and left him—he afterwards came and got me to work for him again, and gave me 1s. of what he owed me—I left him again in about a month—he met me one Saturday morning, and asked if I was out of work—I said yes—he said if I came down on Monday morning he would give me a job, which I did and worked till Wednesday morning—he gave me 10s. 6d. to get iron for him, and I kept it for my back wages.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined One Month.
1328. SUSAN WILLIAMS was indicted for stealing, on the 5th of April, 1 purse, value 6d.; 3 sovereigns, 2 crowns, 2s., 1 sixpence, 1 groat, and 9 halfpence, the goods and monies of Henry Thornton, from his person.
HENRY THORNTON . I live at Pimlico. On the evening of the 15th of April, I was coming through St. James's Park, and met the prisoner, who asked me to give her something to drink—I told her there was no house
open, and she could not have it, but about 100 yards further on a man camealong the park with coffee—it was a very cold morning—she asked meto give her a cup of coffee, which I did, seeing she was cold and deatitute—I took out my purse to pay for it, and put it back into my trowsers' pocket—it contained the money stated—we came out of the park, and turning down York-street, she said she was very much distressed, would I give her some small sum—I said, "I have a small sum to spare, and will give it to you"—I put my hand into my pocket, and my purse was gone—I told her so—she said she was exceedingly sorry about it, and appeared so—I said she must have it—a policeman came by, and I gave her in charge—in going to the station-house, she said she was very sorry for what she had done, but she had taken my purse, and at the station-house she gave it to the officer—she was nor at all insolent, and looked to me in distress.
Prisoner's Defence. I had been drinking a good deal that evening—I met the gentleman, and was with him a long time—he said he had lost his money—I said I had not got it, not knowing that I had—but when the policeman was there I found I had something in my hand—I said, "I have got something," and gave it up—how I came By it I do not know.
GEORGE COOPER BORKWOOD . I am a policeman. When I took her she wanted to make some communication to me, but I would not hear her till she got to the station-house—she was intoxicated, and muttered something.
GUILTY. Aged 30.—Recommended to mercy.— Confined Three Months.
FREDERICK JOHNSON EVERARD . I assist my mother, Catherine Everard, who is a cheesemonger in Kingsland-green. On the 8th of April this ham hung on the door-post—I saw it safe at a quarter-past nine o'clock, and missed it about a quarter to ten o'clock, when a little girl gave me information—I went out in pursuit—I had seen the prisoner come into the shop.
SARAH CALLINAN . I live with my father in Matthias-street, Kingsland. On the 8th of April I was near the prosecutrix's shop, and saw the prisoner take the ham—there were two others with him—I had seen him before about Kingsland.
Prisoner Q. What time was it? A. About a quarter or twenty minutes to ten o'clock at night—you ran down Kingsland-green.
Prisoner's Defence. I left work at seven o'clock, and went to the Hope beer-shop—I remained there till half-past ten o'clock—I then went to the Green Man at Shackelwell, and picked up the ham at the corner of Kingsland-green.
GUILTY . Aged 26.— Confined Three Months.
—I went into a private house there for about six minutes—when I came out the policeman gave me information, and I missed a cape from the cart—this is it—(looking at it.)
WILLIAM GROVER . I am a fruiterer in Covent-garden. On the 10th of April I was on the top of an omnibus, and saw the two prisoners come up to the cart—Bonwell got into the cart, took the cape out, and he and Elliott ran away up a lane together—I gave information, and went with the policeman—we met them both coming back again—Elliott had the cape tied up in an old apron—they said they had picked it up under a hedge—we secured them.
Bonwell's Defence. I had left my situation when I met Elliott, but never knew him before—the policeman came and took me—at first he said he saw me take it, and now he says he did not see me.
BONWELL— GUILTY . † Aged 15.
ELLIOTT— GUILTY . † Aged 16.
Confined Six Months
NEW COURT.—Monday, April 15th, 1839.
Sixth Jury, before Mr. Recorder.
GUILTY . Confined One Month.
GUILTY . Confined Two Months.
GUILTY . Confined Twelve Months.
MR. BALLANTINE conducted the Prosecution.
JOSEPH TOTMAN . I live in Park-place, Cooper-street, City-road. I know the prisoner and his first wife, whose maiden-name was Georgiana Matilda Cartwright. I was present at their marriage in New Pancras church, four years ago last Christmas-day—I have seen his wife here this sessions—she appeared nearly twenty years old—I knew her before—I knew they lived together.
Cross-examined by MR. PHILLIPS. Q. How often did you know her to be in custody for assaulting the prisoner? A. I do not know any thing of that—I never saw her in custody.
Cross-examined. Q. How did you examine it? A. After it was copied by the clerk—I compared it word for word.
Q. Did you know this Miss Cartwright? A. Not previously—I knew her as Mrs. Bate—I have had her in custody twice or three times—I will not swear it was not four times on charges of assaulting her husband.
JOSEPH HUDSON . I am the parish-clerk of Sheffield. I produce a certificate of marriage between John Henry Bate and Elizabeth Chapman, on the 19th of December, 1338—I was present at the marriage—the prisoner is the man—I officiated as father to the bride, by the prisoner's request—they were married by banns—the eircumstancei were of a peculiar character—the banns were entered by a lady who carried on business in a respectable sphere—she sent for me to come to her to enter the banns, which is a thing that never occurs—she tent three or four times, and gave me directions—I had frequent applications about it to know whether the banns were published in a right sort of way—I never saw Elizabeth Chapman but at the church—this is a correct copy of the book—I made it myself, and examined it—(read.)
Cross-examined. Q. This man was married to a female who gave her Mine Elizabeth Chapman—that is all you know about it? A. Yes.
COURT. Q. Did she publicly give her name at the church to you? A. Yes—they both gave roe their names—she signed the book, and the prisoner also.
GUILTY. Aged 22.—Recommended to mercy. — Confined One Month.
MR. CLARKSON conducted the Prosecution.
RICHARD MESSENGER . I am a clerk in the house of Vandercomb and Co., attorneys. I live in a house belonging to Messrs. John Calvert and others, in New Gravel-lane, Shadwell—there is an arch-way on which the side of the house abuts, which is called the boarded entry—there is a shop, then a staircase, then a back room, and then a long room covered with tiles, with a sky-light, which is covered at top and bottom with lead.
WILLIAM PARAMORE (police-constable K 51.) I was on duty in New Gravel-lane on the night of the 29tb of March—I know these premises, and the archway or passage—as I was going along near the boarded entry I heard a bit of a scuffle—I heard a conversation between two persons—I heard some one say, "Go it, Joey" three times, and at the bottom of the boarded entry I saw the prisoner Davis standing with his back against the wall, on the other side of the boarded entry to where the long room is—I knew Davis well—I went down the entry—Davis did not say any thing, but hemmed twice, and then walked away—I permitted him to go up the entry, which would lead him to New Gravel-lane—I then walked up the entry and saw a piece of lead lying flat against the wall where Davis had been standing—I put my foot on it—I then looked up at a shoot which comes down between the roofs of the two houses—I saw it was bent, and saw the prisoner Mahoney on the top of the building, as if he were about to jump down, but he saw me, turned round and made his escape on the other side, over the roofs of the houses into the other court
—I sprung my rattle, and ran out of the entry towards New Gravel-lane expecting to see my brother officer—I then thought Mahoney would return, and went up the entry again, but he was not there—both the prisoners escaped—I went on the Wednesday following with Pavit to the premises with the lead—I found some lead had been taken from the bottom of the sky-light on the roof of the long room—I applied the lead which I had picked up in the entry to the place, and it fitted exactly—there were fifteen nail-holes on the lead I picked up—I found some nails in the sky-light, with which the holes in the lead exactly corresponded.
COURT. Q. How far from the long-room was Davis when he had his back against the wall? A. About two yards—there was no person but Mahoney to whom he could have addressed the words "Go it, Joey"—it was a very clear night—the lead was just round the corner, about two yards from where Davis stood, just behind him.
GEORGE PAVIT . I took Mahoney, on the 1st of April, at the corner of Edward-stairs, Wapping—I took him to the station-house, and the policeman said, "He is the one who was on the top of the house"—I asked Mahoney if he knew where Davis was—he told me where to find him—I went and found him in bed about half-past seven o'clock in the morning—I said, "Come, get up, I want you"—he said, "What for?"—I said, "For taking some lead from New Gravel-lane"—he said, "I know nothing about it"—I said, "Where did you come from, on the 30th of March, when I saw you at half-past seven o'clock—(I had seen him that morning in King-street, close by the place where the lead was taken from)—he said "I had just come from my lodging—I said, "What time did you go to bed?"—he said, at nine o'clock, at his lodgings, No. 6, Blue-gate-fields.
WILLIAM WOOD (police-constable K 65.) I was on duty in New Gravel-lane, on the 30th of March—I saw Davis go on the edge of the Wapping-wall about two o'clock in the morning—that is about two hundred yards from the boarded entry—I saw Paramore soon after, and told him I had seen Davis.
Davis's Defence. I knew nothing of the robbery till the Monday morning when the officer took me out of bed—I told him I knew nothing about it.
Mahoney's Defence. On the day of the robbery I did not get up till seven o'clock—I went to work—I knew nothing of it till the Monday when the policeman took me to Paramore, and before he got the door open, or got the sleep out of his eyes, he said, "That is one."
ELIZABETH MAHONEY . I am the mother of the prisoner. I live at No. 10, King-street, Old Gravel-lane—I have only one room on the first floor—I had the same room then—my son was in bed and asleep at a quarter before nine o'clock on the 29th of March—he got up the next morning at half-past seven o'clock, and went to work at a quarter before eight o'clock—he came in at half-past five o'clock the night before, and never went out till he went to bed—he sat reading a prayer-book till seven o'clock; he then sat half an hour eating his supper; he then took the same book till he went to bed about a quarter before nine o'clock—he slept till I called him to get up in the morning—he slept in the same room with me—there were six children and my husband in the room—my husband is not here—he is rather light-headed—my children are too young to come—the eldest is nine years of age—I do not sleep very soundly—I went to bed at half-past nine o'clock, and did not get up till half-past six
o'clock—I was in bed all night—most likely I slept four or five hours—I am a very poor sleeper—my son did not get up in the night and go on the roof—he is innocent.
MR. CLARKSON. Q. Was the door fastened? A. It was bolted top and bottom—no one could get in from without, and no one could go out from within, unless they unbolted the door, to go out to work—my husband is a coal-whipper—he was at home—he is deranged—he had not been out coal-whipping for three months, and the prisoner had his place and his number—he was going on board on this day fortnight, when he was taken—he has not been acquainted with Davis within these six or eight months—Davis was never in my house.
MAHONEY— GUILTY . *—Aged 20.
DAVIS— GUILTY . *—Aged 21.
Transported for Seven Years.
1336. ANNE FARRELL was indicted for stealing, on the 14th of December, 1 shawl, value 2s.; 1 kettle, value 2s.; 1 handkerchief value 1s.; 1 cake mould, value 1s.; 1 basket, value 1s. 6d.; 1 bag, value 1s.; 2 sheets, value 5s.; 1 table-cloth, value 5s.; 1 curtain, value 2s.; 1 towel, value 1s. 6d.; 1 fan, value 1s. 6d.; 1 ink-stand, value 6d.; and 6 yards of shawl bordering, value 3s.; the goods of Charles James Matthews, her master.
MESSRS. PHILLIPS and BODKIN conducted the Prosecution.
ELIZA LUCY MATTHEWS . I am the wife of Mr. Charles James Matthews—I have a house at Notting Hill, Kensington—I had it last year, before I went to America—the prisoner was in my-service from the february previous—she was a person in whom I placed very great confidence—when I left, it was arranged that my house should be let furnished, if a tenant could be found—Mr. Hay, the auctioneer, was employed to let it—I left the house in charge of the prisoner—the linen was not to be let with the house—it was locked up in one of the attics, except a portion, which was for the prisoner's use—I took the key of the attic with me—I returned in December, and went to my house—I missed some trivial things belonging to the kitchen—and one drawer, in which some goods were, had been opened—in a few days, I missed some more things—I made inquiry about them, and frequently in the presence of the prisoner—she gave me no information about them whatever—among other things, I missed six pairs of sheets, five table-cloths, a shawl, a kettle, a lamp, a cake-mould, a basket, a, bag, a pair of sheets, a curtain, a towel, an inkstand, and six yards of shawl-bordering—they were worth 2l. or 3l.—some of my servants left me after I returned, and before the prisoner was taken—suspicion at last fell on the prisoner, and Mr. Matthews sent for Shackle—(examining some articles)—this is my table-cloth—my table-cloths are marked? but the mark has been taken out of this, and the place has been darned over—here are some remains of the red mark in it how—here is a fac-simile of it—here is a pair of sheets of mine—my mark is on one of them—this bag, curtain, towel, kettle, and this shawl are mine—also this lamp and inkstand.
Cross-examined by MR. JONES. Q. Is the prisoner a widow? A. She informed me she was so, and had two children—I had a good character of her—these articles were mine before I married Mr. Matthews—I saw them safe in my house on the day previous to my departure from England
—I am quite sure I saw this shawl—and these sheets were there, because my number was right—I made a list the day before I went—I went at six o'clock in the morning, and went to Bristol direct—Mr. Hay came to take an inventory of the goods in the house, with the exception of the linen.
Q. Did you say there were a few articles about, good for nothing, that the prisoner might have? A. Perhaps a few caps and shoes—this table-cloth is not an old one—it has not been much used—it had not been used as a duster or cover—I made a point of counting my linen once a week—I had a person living in my house of the name of Swaine—I charged her with taking some embroidered work and pocket-handkerchiefs, but no caps—I charged the prisoner with giving some ribbons to Swaine—she said they were lying about the house, and she supposed she must have taken them—I did not charge her with stealing them—this kettle stood on the table, with a lamp under it—I had seen it in my house in Notting Hill—when I left England I gave the prisoner a written character—I afterwards saw it in the kitchen, in 'the presence of Mr. Shackle—I said it was of no value to her then, and it was thrown into the fire—I do not think I stated in that how long the prisoner had lived with me, but I am not quite certain.
Q. Did you say to the prisoner, "You have lived with me five months, but a five months' character will be of no use to you; I shall say you lived with me fifteen or eighteen months?" A. No, sir, decidedly not—I am almost certain I did not state any time in the written character, and I am certain I did not state that time—I wrote as to her honesty, which was quite sufficient, I thought—I was informed that the lodgings at which these things were found belonged to a sister of the prisoner, named Taylor.
MR. BODKIN. Q. You considered her to bear a good character when you left? A. Yes—I gave her the character the day before I left—I thought whoever took the house might employ her—when Shackle came the prisoner gave me her key—I opened the tea-chest, and there was the character—I threw it into the fire—I do not think the prisoner made any observation on that—I left her 40l. to pay my tradesmen, and she disposed of that correctly.
COURT. Q. Was your house in fact let? A. No—the articles stolen were not taken from the attic—they were left out to use—this shawl had been used as a table cover.
JOSEPH SHACKLE . I am an officer of Bow-street On Wednesday, the 6th of March, I went to the prosecutor's house at Notting Hill. I saw the prisoner, and told her Mr. Matthews had been robbed of a great number of things, and told her what they were, having a list of them—I asked if she knew any thing about them—she said, no, she did not—I asked if she had any objection to my searching her boxes—she said, no, she had not—(I then requested Mr. and Mrs. Matthews to accompany me with her up stairs, and they did)—I saw the tea-chest opened, and the character was in it—Mrs. Matthews said, "This is the character I gave you—it can be of no use to you now"—the prisoner said, "No," and it was thrown on the kitchen fire immediately—she told me where her children were, and I went with her to No. 5, Church-lane, to the first floor, searched two rooms, and found the articles produced—I showed Mrs. Matthews the marks on them—I said, "Are these your things?"—she said, "Yes"—the prisoner said, "They are not yours"—I found these sheets there, made
into a bed—a quantity of wool was sewn in between them—I showed them to Mrs. Matthews, article by article, and she identified them—the prisoner said, "They are not yours,"—I then told her that as Mrs. Matthews would swear to the things, I must take her to Bow-street—after she was remanded I saw her in the cell—she then said she had taken the things a week before in mistake—that she and her children had been stopping in Mrs. Matthews's house, and she had taken them away in a hurry, in mistake, and she was sorry for it—when I had read the list over to her at Mrs. Matthews's, she said she knew nothing of them—that list included the table-cloth, the sheets, the towels, and a great number of other things, and she said she knew nothing about any of them.
Cross-examined. Q. Where was that? A. In Mr. Matthews's parlour—it was after I found the things produced that the prisoner said she had taken them by mistake—she did not appear agitated and frightened when I spoke to her—I found the things at the lodgings, of her sister, Mrs. Taylor—the prisoner said she had exerted herself a good deal to get things ready, and these things were taken in the hurry.
(The prisoner received a good character.)
GUILTY.—Recommended to mercy by the Prosecutrix and Jury. Confined Fourteen Days.
JULIA HILL . I am servant to Ann Mann; she keeps a shop in Wuter-lane, Blackfriara. The prisoner came, on the 8th of March for a bottle of blacking—it came to sixpence—he offered me a good half-crown—I took it to my mistress, and she was about to give him change—the prisoner then called out that he had got halfpence—I returned him the good half-crown—he then said he had not halfpence enough, and gave me another half-crown—I took that to my mistress—she said it was bad—she came to the prisoner, and asked him what he offered that for—he said, "For change for the blacking"—he tried to get it away from my mistress, who had it in her hand, and said he would give her a good one—Mr. King was called in, and I fetched an officer.
ANN MANN . I keep a shop in Water-lane. Hill brought me a half-crown, on the 8th of March—it was a good one—the then brought a bad one—I took the bad one into the shop, and asked the prisoner what that was for—he said, "For change for the bottle of blacking"—I told him it was a very bad one—he came up to me, and went to take hold of my hand—I prevented him—he then gave me the good half-crown, and wanted me to take that back, but I would not—Mr. King came in—he looked at the half-crown, and gave it to the policeman.
Prisoner. Q. Who did you receive the half-crown from? A. From Mrs. Mann—there were several persons in the shop.
JOSEPH LAMPLETT (City police-constable, No. 182.) I was sent for, and received the bad half-crown from Mr. King—the prisoner tried to get hold of my hand—I pushed him away, and said, "What do you mean by this?"—I found nothing on him—I received this good half-crown from Mrs. Mann.
GUILTY . Aged 25.— Confined One Year.
(See page 1059.)
1338. JAMES SANDFORD was indicted for stealing, on the 23rd of March, 1 watch, value 4l.; 1 guard-chain, value 5s.; 2 seals, value 1l.; 2 rings, value 5s.; 1 sovereign, 3 half-crowns, 8 shillings, 36 pence and 24 halfpence; the goods and monies of Henry Harrington, his master.
JOHN WILLIAMS (police-constable H 67.) The prisoner was given into my custody on the 1st of April, on suspicion of robbing his master—I found on him 9s.—he then expressed a wish to go to the water-closet—I went to Mr. Harrington, and after I came back I found on the prisoner this bag, tied in the tail of his shirt, containing this watch, guard-chain, seals, and some money—I said, "What is this?"—he made no answer—as I was taking him to the office, he said another boy was concerned in it)as well as him, and he had a sovereign and a shawl.
Cross-examined by MR. PHILLIPS. Q. Was there any other boy in your service? A. Not at that time—there had been a boy who had been dismissed.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy. — Confined Three Months,
EMMA HENWOOD . I keep my father's house, in Market-street, Clerken-well—his name is John Phillips. I employed the prisoner as a needle-woman—she had been a friend of mine before—I gave her one shirt first, which she told me she would get done and bring home—she came on the Saturday evening, the 2nd of February, and said if I would give her the two other shirts which I had to make she would bring them all home together—I gave her two others—I gave her about ten yards and a half of cloth—it was my father's property—I did not see her for two months after.
JAMES DAVIS (police-sergeant G 8.) I took the prisoner on the 25th of March—I found a duplicate, a remnant of linen cloth, and one for a shirt, in a work-box in a room on Back-hill, where I took her—she pulled the duplicates out herself—she said she had been out of work, and pledged these things, but meant to redeem them.
HENRY SMART . I am in the service of Mr. Drew, a pawnbroker, at Islington. I have two remnants of linen pawned by the prisoner on the 2nd of February, between three and four o'clock in the afternoon, in the name of Rowlands.
Prisoner's Defence. I was in distress, and was induced to pledge it, with the intention of redeeming it when I got money.
NOT GUILTY .
MARY ANN MADDEN . I live in Cumberland-row, Islington, and am a widow. The prisoner lodged with me—she said a friend of hen was a dyer, and she would take my shawl and get it re-dyed—I did not propose it to her, she did to me, and I let her have it on that representation, intending to have it again.
Prisoner. You said, "When you go towards your friend's again take my shawl," and you knew I was going for money—I was disappointed, and pledged it coming home. Witness. She told me she was going to receive money.
COURT. Q. When did the prisoner leave your house? A. Last Saturday three weeks—she staid four or five weeks after she had the shawl—I did not tell her to take it if she was going that way—but she was speaking of her own shawl being dyed, I said I had one that I would get re-dipped in the summer, and she said she would take it—it was her proposal.
Q. Did she say her friend was a dyer, and lived in Dean-street Holborn, and she would take the shawl that evening or the next morning? A. Yes—it was not me that first said about having a shawl to dye—I did not propose it to her—this is my name and hand-writing to this deposition—the Magistrate's clerk read it over to me—(read)—"I was saying to her (the prisoner) that I had a shawl that wanted re-dyeing—she said she had a friend that would do it nicely for me—I took it out of my drawer, and showed it to her.
NOT GUILTY .
SUSANNAH NEWMAN . I am the wife of William Newman, of Bury-street, Bloomsbury. The prisoner came to my room on the 23rd of March—I was not up—he knocked at the door—he said he wanted my husband's coat and waistcoat—I got up, opened the door, and told him he was a stranger—I never saw him on the premises—he said he worked in the harness-room—when my husband came home we missed a pair of leggings off the balustrade.
WILLIAM NEWMAN . My wife called me from the window—I went up, and missed a pair of leggings—I had not sent the prisoner for my coat and waistcoat—I went, and found him in George-street, St. Giles's—he had one of these leggings in his hat, and one in his left-hand pocket—he first said he had not got them, and after we found them—he said he had found them.
Prisoner. Q. Had you a man that worked for you with black whiskers? A. Yes.
Prisoner. That man met me in the morning, and said he would give me 1s. to fetch the coat and waistcoat—I found the leggings on the stairs.
GUILTY. Aged 29.—Recommended to mercy. — Confined Three Months.
HODGSON TODD . I live in Hackney-road, and am a butcher. The prisoner came to my shop on the 26th of March, and bought six pennyworth of mutton—there was a saw on the block—while I turned my back to go to the till she threw her shawl over it, and took the saw away as well as the mutton—I sent my young man after her—he brought her back when she had got about fifty yards, and took it from her.
GUILTY. Aged 50.—Recommended to mercy. — Confined One Month.
ANN WRIGHT . I live in Castle-street, Bethnal-green, and am the wife of George Wright. The prisoner is my daughter by a former husband—she was going away from me on the morning of the 30th of March, and I stopped her—I found my boots between her petticoat and stays, and she had my shift on—I had not allowed her to wear it—she had a pair of slippers on—I have tried every thing with her—I have got her situations and a trade, but she has got into bad company—she has left me before, and I have found her in streets and lanes.
THOMAS BURCHEN (police-constable H 33.) I was on duty in Castle-street, Bethnal-green—I was called by Mrs. Wright, and took the prisoner to the station-house—in going to Worship-street she said to me, "Have you seen her?"—I said, "Who do you mean?"—she said, "My mother"—I said I had not since Saturday—she said, "If she does any thing to me she shall rue it; I don't mind two years in the Penitentiary," and she made use of language not fit to be repeated.
GUILTY. * Aged 16.—Recommended to mercy. Transported for Seven Years.
CHARLES HANDFORD . I am a tea-dealer, and live in High Holborn. The prisoner was my porter, at a guinea a week—I have lately missed money from the till—on the 1st of April I marked copper to the amount of half-a-crown—I placed them in the till, and left it unlocked—next morning, shortly after seven o'clock, I went to the till, and missed 1s. 51/2d. of the marked money—I had not paid any away, nor had any one else—I called an officer—the prisoner was searched, and 1s. 51/2d. found on him, which I had marked—he had left at nine o'clock the night before, and I put the money into the till between nine and ten o'clock—he had come that morning about a quarter of an hour before I looked into the till.
Cross-examined by MR. PAYNE, Q. How long had he been with you? A. Eighteen months, and he had lived with my predecessor—he did not make any resistance—he said, "Here it is."
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Two Months.
GEORGE BRETTELL . I am shopman to Mr. James Payne Lloyd, a boot-maker in Coventry-street. The prisoner called on me on the 28th of Match—while he was in the shop my attention was called to some customers—the prisoner said, "Mr. Brettell, I must wish you good morning; I am in a hurry now; I will call and see you in two or three days"—he went out, and as he walked up the Arcade I saw something in his pocket—I missed a pair of boots, which were safe in the shop when he came in—(looking at a pair)—these are them—they are my master's.
JOHN PAWLEY . I am shopman to Mr. Attenborough, pawnbroker, Crown-street, Finsbury. The prisoner pawned this pair of boots there on the 28th of March, between twelve and one o'clock, for 6s., in the name of Jones.
GUILTY . Aged 26.— Confined One Month.
CHARLES CARTER . I keep a draper's shop in Nile-street, Hoxton. On the 25th of March the prisoner came with another man, my young man showed them some black silk handkerchiefs, and while the other man was looking at the handkerchiefs, the prisoner put his hand into the window and took this ribbon from a box there—I asked my young man if he had taken any ribbon out of the window—I then went to the prisoner, and charged him with it—he said, if I thought he had got any ribbon, I might search him—I took this ribbon from his right-hand coat-pocket—here are eighteen yards in one piece, and the other has been out—I had seen the prisoner's hand in a position to take them—hit companion asked him how he came by them—I believe he made no answer—while I went to look for a police-man they both bolted by me—I gave an alarm, and the prisoner was taken about fifty yards from my door.
Cross-examined by MR. PAYNE. Q. Where were you when you saw his hand go in a direction to the window? A. About three parts of the way down the counter—there were four or five more persons in the shop—here is a mark on one of these ribbons in my own writing.
Cross-examined. Q. How did that happen, did you say any thing to him? A. No, he saw the ribbons in my hand, and said, "I picked them up.
(The prisoner received a good character.)
GUILTY . * Aged 19.— Confined Twelve Months.
WILLIAM LUFF (police-constable B 163.) I was on duty in Duck-lane, on the night of the 4th of April—I saw these prisoners at Mr. Andrews's shed—(Jones had given me information)—I saw the prisoners go into the shed, and Conley came out with a bag of soot—I went in and saw the other two prisoners there—I fastened them in the shed, and took Conley to the station-house—I then came back and took the other two.
WILLIAM ANDREWS . I am a chimney-sweeper, and rent premises in Duck-lane. I received information, and set Jones to watch—Conley had been five years in my service as an apprentice—I had trusted Jones with the key of my shed that evening, but Conley had purloined it away—I keep my soot in that shed.
CONLEY— GUILTY . Aged 15.
COUSINS— GUILTY . Aged 18.
NORRIS— GUILTY . Aged 16.
Confined Ten Days.
JOHN BUNTING . I live in East-road, and am a fruiterer. On the 28th of March I missed a tub and three dozen and a half of oysters from out-side, just under my window—I went out, and saw the prisoner running off with it on his head—I followed him, pushed him into the butcher's shop, and kept him till the policeman came.
GUILTY . * Aged 31.— Confined Six Months.
WILLIAM DONOGHUE . I am a silk weaver, and live in Sawyer's-buildings, Spitalfields. On the 30th of March I hung my trowsers out on a line to dry, and they were missed—these are them—(looking at them)—I went to the prisoner's house on the Sunday night following, and found then there on a line in the room—he said he had bought them at half-past twelve o'clock on the Saturday.
WILLIAM WEBB (police-constable H 42.) I went to take the prisoner, and found him in bed—these trowsers were hanging on a line near the bed, they were quite damp—he said had he bought them for 4d. of a boy at half-past twelve o'clock the day before—I said they were not lost till five o'clock.
(The prisoner received a good character.)
GUILTY. Aged 26.—Recommended to mercy. — Confined One Month.
SAMUEL HOOD , (police-constable K 70.) I stopped the prisoner in Brook-street, Ratcliffe, on the 10th of April—he had in his apron a pair of trowsers—I asked where he got them—he said he picked them up—he was then about two hundred yards from the prosecutor's shop—there was another boy with him, who ran away.
ABRAHAM PHILLIPS . I am a tailor, and live in High-street, Shadwell. These trowsers are mine, and have my mark on them—they had been hanging inside my door—I did not miss them till the officer brought them. GUILTY. Aged 17.—Recommended to mercy. — Confined One Month.
Fifth Jury, before Mr. Sergeant Arabin.
JOSEPH OAKLET (police-constable D 83.) I was in Cavendish-square, on the 4th of April, and heard a cry of "Stop thief"—I saw the prisoner running before the mob—I took him—he was trying to take off the coat that he had on—I asked what was the matter—he said he had done nothing—I said, "Let us go back to those people who are crying out"—I went back, and one of them had a great coat on his shoulder—he said, "This is the coat the man stole; he took it from the carriage, as it was going along Cavendish-square, and he threw it into the square"—I took the prisoner—he said, "You are mistaken, I am not the man"—when I apprehended him there was a person said, "Policeman, you have got the wrong man"—whether he was an accomplice or not I cannot say.
JOHN COOPER . I was going along Cavendish-square—I crossed, and saw the prisoner running by the side of a carriage, which was going along at a pretty good rate; the prisoner kept pace with it about a minute—I saw him take the coat out of the carriage—he either opened the door, or else put his arm over the little window, I am not sure which—the coachman was with the carriage, but no footman—I hallooed out "Stop thief," and he threw the coat over the railings into the square, and ran away.
JAMES STOKE . I am footman to Mrs. Mary Parry—it is my coat—I had put it into the carriage in the Haymarket, and drew up the blinds—I told the coachman what time he was ordered, and he went home—it was about a quarter past eight o'clock—there was a comforter in it, which was mine—I left it in the carriage.
GUILTY . Aged 41.— Transported for Seven Years.
CHARLES JAMES SANDERS . I am clerk to William Merry, a wholesale cheesemonger—he has one partner—they have a stable in Castle-yard, where this corn was taken from—I, suspecting the corn was stolen, wrote my name on some bits of paper, and mixed them with the corn, about ten o'clock in the morning, on the 4th of April, in presence of a policeman—the policeman watched, and I afterwards saw some corn produced with the paper in it—I have no doubt it is the same corn and paper—the prisoner
is servant to Mr. Reynolds, a farmer in the country, and used to fetch the dung from my master's stable—he came there on the 4th—this is the oats—there is about three pecks of it, and the papers are mixed with it.
HENRY CHARLES BARKER (police-sergeant H 11.) I saw the pieces of paper put in with the oats, and I was directed to watch the stable—I say the prisoner come there with his cart, on the 4th of April, about eleven o'clock in the day, for the dung—he went into the stable—he remained there about ten minutes—the dung was outside—he had no business in the stable—he went off with his cart of dung—I followed him to Brick-lane, and said to him, "You have got a sack of com in your cart"—he said, "Not that I know of"—I took the cart into Mr. Lee's, and after unloading about half the dung, another officer got into the cart, and found this sack of corn—the prisoner said, "Do you call that a sack of corn?"—I took it to the station-house, and fond the pieces of paper in it.
(The prisoner received a good character.)
GUILTY. Aged 30.—Recommended to mercy. — Confined One Month.
GEORGE GRAVENER BRANCH . I am a rag-dealer. The prisoner was employed by me, on the 22nd of March, to carry some bags of rags from my warehouse in Shoreditch to Worship-street—he carried two bags safe. and came back for the third—he took that, and did not return—I found it had not been delivered where I directed him to take it.
GUILTY. Aged 20.—Recommended to mercy. — Confined Nine Days.
JOHN EDWARD WILDE . I keep an umbrella shop in Bowling-buildings, Stingo-lane. On the 6th of April, the prisoner sold me an old socket lamp—after she left, we suspected her, and went after her—I saw her run up the lane—I then went home, and missed an umbrella—I pursued, and apprehended her fn James-street—I am sure she is the person.
GUILTY . * Aged 22.— Transported for Seven Years.
JOHN HOBBS . I keep a shoemaker's shop in High-street, Shadwell. The prisoner has been a customer of mine for sometime—she came on the 4th of April, and after she was gone, we missed these shoes—I went to where she lived, and found them down the water-closet.
Cross-examined by MR. JONES. Q. How long had you known her? A. I suppose about six months—she is the wife of a respectable trades-man—she lodges where I took her—there was another woman in my shop when she was there—when I saw her in the afternoon, she was more like a mad woman than any thing else, through drink—I do not think she knew what she was doing.
NOT GUILTY .
THOMAS JOHN PUTT . I live in New Gravel-lane, and am an appraiser. On the 28th of March I had two pictures, framed and glazed, inside my door—Mr. Mooney afterwards brought Harwood to me, and I took these two pictures from him.
JAMES MOONEY . I live opposite the prosecutor. On the 28th of March I saw Flynn at his door, looking at a pair of pictures—Harwood was two doors off—I watched them, and saw Flynn pass the pictures to Harwood, who put them under his jacket—he ran towards my house—I took him to the prosecutor's shop—Flynn ran away then, but the police-man took him in the afternoon—I have no doubt he is the person.
(Harwood received a good character.)
FLYNN— GUILTY . Aged 13.
HARWOOD— GUILTY . Aged 12.
Whipped and Discharged.
1356. JOHN SMITH was indicted for stealing, on the 6th of April, 1 basket, value 3s. 6d.; 1 yard of baize, value 6d.; 15 loaves of bread, value 1s. 6d.; and 7 biscuits, value 6d.; the goods of Adam Glen.
ROBERT BLAIR . I am in the service of Mr. Adam Glen, of Regent-street, hiscuit-baker. I was out with his basket of bread on the 6th of April, in Pall Mall—I left the basket, and returned in about four minutes—it was then gone—I had left the prisoner standing a few yards from it, and suspected him—I followed him, and caught him in Dorset-place, with the basket on his shoulder—this is it, the baize, bread, and hiscuits are in it.
Prisoner. I was in great distress.
GUILTY. Aged 21.—Recommended to mercy. — Confined One Month.
JOHN WILSON (police-constable A 154.) On the 6th of April I saw the two prisoners in Spring-gardens—they were in company, and running—Gathen ran into New-street, and threw this handkerchief down an area—I
took it, and took him—I took Morgan last Friday—I am sure he is the same boy.
SAMUEL GREEN . I am a licensed victualler. I saw the two prisoners in company on the 6th of April, about three o'clock—I saw Morgan draw a handkerchief from a gentleman's pocket—he turned round, and they both ran off—I pursued them to Spring-gardens—Morgan then gave the handkerchief to Gathen, who threw it down an area—I saw no more of the gentleman from whom it was taken—I do not know his name.
MORGAN— GUILTY * Aged 13.
GATHEN— GUILTY * Aged 15.
Transported for Ten Years—to a Convict Ship.—
WILLIAM NELSON . I am a fitter at the Great Western Railway at Paddington. The prisoner worked on the line—I laid seven steps under the bench where I work—I missed six of them on the 3rd of April—these are them—(looking at them.)
RICHARD ROADNIGHT (police-constable T 120.) I was on duty at Paddington on the morning of the 3rd of April, about four o'clock—I met the prisoner about half a mile from the railway, carrying two steps in a handkerchief under his arm—he said he was going to take them to his work—I found two more steps in his hat, one in his jacket pocket, and one in his trowsers' pocket.
Prisoner. Having a wife and family at home, literally starving, I certainly did take them—I am very sorry for it.
(The prisoner received a good character.)
GUILTY. Aged 31.—Recommended to mercy, — Confined Six Weeks.
SUSAN LANE . I keep a broker's shop in Mary-street, Hampstead-road. On the 6th of April I missed a fender—I spoke to a policeman, who took me to York-square, where it was for sale—this is it—(looking at it.)
Prisoner's Defence. I met a woman who asked me to take it to a house in York-square—I took it to Mrs. Haywood's.
GUILTY .— Confined Three Months.
was his carman. On the 4th of April he carried some packages of cotton from St. Katherine's Docks to Wool-quay, Thames-street—I received information the next day from the gentleman who gave in the order, and went to Wool-quay—I saw a number of the bales of cotton there which had been deprived of their ropes—I went to St. Katherine's Docks, where the prisoner was with his wagon—I found some bales in the wagon—the ropes had been cut off, and were in the wagon—I said to the prisoner, "Come with me, I have another job for you"—I took him to Mr. Scott's yard, and he was given into custody—he said he had cat the ropes to make them fit—these are part of the ropes—a great many more are missing.
GUILTY. Aged 21.—Recommended to mercy. — Confined Six Months.
1361. THOMAS WATTS was indicted for stealing, on the 23rd of March, 1 frock, value 1s. 6d., the goods of Robert Nutter: and MARY WATTS , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
CATHERINE NUTTER . I am the wife of Robert Natter; we live in Cottage-row, Poplar. On the 23rd of March I missed a frock which hung out to dry—I found it again at Mrs. Smith's—the prisoner lived in the neighbourhood.
Cross-examined by MR. LORD. Q. Do you know the frock? A. Yes—I missed it about ten o'clock at night.
SARAH ELIZABETH SMITH . I live in Robin Hood-lane, This frock was brought to my shop by Thomas Watts, between eight and nine o'clock at night—he said, "Mrs. Smith, will you buy this frock?"—I said, "Where did you get it?"—he said, "My mother got it from where she was at work, and sent me to sell it"—I said, "You rascal, you stole it; if you don't fetch your mother I will give you in charge"—he went away, and in a quarter of an hour his mother (the female prisoner) came, and said it was all right—that she had had it given her where she was at work, and if I would let her have a few halfpence on it she would thank me—I did so, and on the Monday a man and his wife came to buy some things, and the woman said the frock belonged to a neighbour of hers.
Cross-examined. Q. He fetched his mother? A. Yes—I had known her some time—I knew no harm of her.
GEORGE MURRAY (police-constable K 25.) The female prisoner was brought to our station-house on the Monday, and some time after a boy came and asked for her—I said, "Where is your other brother?"—he said, "Outside"—I went out and took the prisoner Thomas Watts—he said he was along with Bill perry, and he gave him the frock to sell.
Cross-examined. Q. Have you seen Petty since? A. Yes, but I do not know where he is now. THOMAS WATTS— GUILTY. Aged 14.—Recommended to mercy. — Whipped, and Discharged.
MARY WATTS— NOT GUILTY .
1362. WILLIAM WYNN was indicted for stealing, on the 29th of March, 1 hammer, value 6d.; 1 pair of pincers, value 4d.; 2 rasps, value 6d.; 2 awls, value 3d.; 2 knives, value 2d.; and 1 whetstone, value 3d. the goods of George Lequire; and that he had been before convicted of felony.
GEORGE LEQUIRE . I live in Peter's-lane, Cow-cross, and am a boot and shoemaker. The prisoner lived in the same house with me, but he had no right in my room—I missed the articles stated, on the 29th of March.
PETER M'DONAGH . I was in a public-house on Friday night, the 29th of March—the prisoner came in with a parcel of tools—he offered them for sale—I refused to buy them, but he said he had not had a bit of bread all day, and I gave him 6d. for them.
(Property produced and sworn to.)
Prisoner's Defence. I was in great distress, and on Good Friday I met a man who asked me to carry these for sale—I did, and got 6d. for them—I returned with the money, and received only 2d. for my trouble.
GUILTY . Aged 27.— Transported for Seven Years.
OLD COURT.—Tuesday, April 16th, 1839.
Third Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 14.— Confined Three Months.
GUILTY .— Confined Three Months.
(The prosecutor did not appear.)
GEORGE LITTLEFORD . I know William Miller very well—on the 1st of April I saw him at a beer-shop at Uxbridge, about eight o'clock in the evening—he was rather fresh—he put three shillings on the table, and one rolled off—the prisoner, who was there, picked it off the floor, took the other two off the table, and put them into his pocket—he then sat down by Miller—I was opposite them—about ten minutes afterwards Miller was asleep, and I saw the prisoner put his hand into his trowsers' pocket, and draw out a canvas purse—he put his hand into the purse—I could see two shillings in the purse, but whether there was more I cannot say—he put the money into his waistcoat pocket, and took the bag also—Miller after-wards awoke, and went out of the room—the prisoner followed him, and I saw the bag in his hand when he went out of the room—this is the purse he took—(looking at it.)
CHARLES JAMES MURRAY . I am chief constable of Uxbridge. William Miller attended before the Magistrate, but is now out of the way—the prisoner works in a brick field—I took him into custody from a representation made by Miller—I found him at the beer-shop where this robbery had taken place the preceding evening—the purse was found on his brother—I asked the prisoner if he knew any thing about this—he said, "No"—I showed the bag to Miller in his presence, and he claimed it—the prisoner denied all knowledge of the transaction, and said he had never had it, and had never taken the money.
Prisoner. I told you I took it from him, and gave it him before I left the house. Witness. No, you did not; you denied ever having it—the prosecutor said to you repeatedly, "You know you had it," and you persisted in not knowing any thing of it.
Prisoner's Defence. I did take it out of his pocket, as I had been drinking with him all day—it was my brother took it from him afterwards.
GUILTY . Aged 23.— Confined Six Months.
1365. ROBERT LEWIS was indicted for stealing, on the 6th of April, 2 sovereigns, 4 half-crowns, and 10 shillings, the monies of Elizabeth Wild: and JOHN GREENHAM , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
ELIZABETH WILD . I am cook to Mr. Walker, of Chandos-street, Cavendish-square. On Saturday morning, the 6th of April, the prisoner Lewis came to sweep the kitchen chimney—I had two sovereigns, four half-crowns, and ten shillings, in a drawer in the kitchen, which was not locked—I had seen it safe on Friday afternoon—I left Lewis in the kitchen alone, for about two or three minutes at the outside—I missed all my money about eight o'clock that evening—next morning I got a policeman, and went to Chadwick, the prisoners' master—I saw Lewis there, and asked if he had opened any drawer to look for a fork, as the forks were kept in the next drawer to my money—he said he had not—I said I had lost some money, and suspected he had taken it—he said he had not—his master asked him to let him look in his pocket—he said, "I have got some money, but I found it"—his master said, "Where?"—he said, "Twisted up in a piece of paper by the Cross Keys mews"—he produced one sovereign, two half-crowns, and five shillings, being exactly half the money I had lost—I gave him in charge—Chadwick asked him how much money he found—he said he did not know, but that was all he had—Chadwick asked if he had told any body about it—he said he had told Greenham about it, and he (Greenham) was to have half of it that day.
SAMUEL CHADWICK . I am a master-sweep. Lewis was my apprentice—Greenham was also in my employ as a sweep—the prosecutrix complained on Sunday morning of her loss—I called Lewis up immediately—he denied all knowledge of it at first—I immediately searched him, and found a sovereign, two half-crowns, and five shillings—the servant said that was half what she had lost—I asked Lewis where he got it—he said he found it at the corner of Cross Keys mews, and afterwards said at the Cock and Lion, in Wigmore-street—I said, "Why did you not tell me immediately?"—he said, "I did not like to tell you, sir; I told Greenham"—I said, "What did he say?"—he said, "He asked me to give him half"—I then called
Greenham in, and asked if he had heard about Lewis finding any money on the Saturday—he said, "No, I know nothing about it"—I then said "Do you still deny it, Greenham?"—Lewis then said, "You know I told you, Green ham"—I said, "Do you deny it now?"—he said, "No, sir, it is of no use"—Lewis said he was to have half on the morrow, that he had not had it then—Wild gave Lewis in charge—Greenham subsequently admitted that he had had some of the money.
CHARLES TURNER . I am a policeman. I was called in to Chadwick's—Lewis was first called up before the prosecutrix—she said, "You are the little boy that came to our house yesterday morning"—he said, "Yes—she asked him if he opened any drawer—he said he did not—I heard his say he had found the money, and that Greenham was to have part of it—Greenham denied it—he said, almost directly afterwards, that he had his part—at the station-house Greenham had a new pair of trowsers on, and he said he had bought them with some of the money—I found 2s. 6d. and 71/2d. no Greenham.
LEWIS— GUILTY . Aged 13.— Transported for Seven Years.
GREENHAM— GUILTY . Aged 17,— Confined Three Months.
(There was another indictment against Lewis.)
Before Mr. Justice Coltman.
GUILTY of the misdemeanor.— Confined Two Years.
(See Surrey Cases.)
Before Mr. Baron Maule.
NOT GUILTY .
First Jury, before Mr. Recorder.
JOHN HALL . I live in Fountain-gardens, Lambeth-walk. On Friday afternoon, the 22nd of March, I was in Peter-street, Saffron-hill, and saw the prisoner take a shirt from a door, and conceal it under his jacket—I called "Stop thief"—he went up stairs into an adjoining house, and I saw him brought down, and the shirt produced—I had asked the price of the shirt myself three minutes before.
WILLIAM GREEN . I am a constable, and live in Peter-street. On the 22nd of March I heard the alarm given—I went out, and saw a quantity of people running down Paradise-court—they directed me into a house—I went up two pairs of stairs, and found the prisoner and prosecutor together—a little girl produced the shirt.
JOHN WOOD . I live in Peter-street. This is my shirt—it hung at my door, which is a few doors from Paradise-court—I was alarmed, went up, and found the prisoner on the stairs—a girl picked the shirt up a few stairs higher up.
GUILTY . Aged 24.— Confined Three Months.
MARY GREEN . I am a widow, and life in Church-passage, St. Giles's—I deal in old clothes. On Thursday evening, the 4th of April, I had a pair of trowsers and a waistcoat in front of my shop—Cullen gave me information, and I missed them—Sullivan was pointed out to me, forty or fifty yards from the door—I took hold of him, and asked him for my trowsers and waistcoat—he said he knew nothing about them—I brought him to the door, and held him; and as I crossed White Lion-street a gang of young thieves caught hold of my gown, and detained me till a policeman came up and took him.
EDWARD CULLEN . I am going on for thirteen years old, and live with my father, who is a shoemaker, in Monmouth-street. On the evening of the 4th of April, I was bowling my hoop near Green's shop, and saw the prisoners together, about twenty yards from the shop—I saw Taylor go and take the trowsers and waistcoat off the line, fold them in his arms, and go with them to Sullivan, who held up his hands to take them; but when he saw me tell the prosecutrix, he would not take them, and Taylor ran away with them—Mrs. Green caught hold of Sullivan—they were surrounded by a lot of boys, but the policeman came up and took him.
Taylor's Defence. I was out minding a child for my mother that day.
TAYLOR— GUILTY. Aged 12.—Recommended to mercy.
Confined Ten Days, and Whipped.
SULLIVAN— NOT GUILTY .
1370. HENRY HAMILTON and SARAH WINGROVE were indicted for stealing, on the 11th of February, 1 bed, value 2l; 4 blankets, value 2l.; 2 pillows, value 5s.; 2 sheets, value 5s.; 2 table-cloths, value 3s.; and 2 flat-irons, value 2s.; the goods of John Kelly.
JOHN KELLY . I am a butcher, and live in Dalzell-street, Clare-market. The prisoners hired a ready-furnished room at my house, in the beginning of February, as husband and wife—on the 2nd of April, on going into the room, I found them both there—another man carne and claimed Wingrove as hit wife—I then examined, and missed all the articles stated from the room, and had them apprehended.
Cross-examined by MR. HORRY. Q. What did the man represent himself to be? A. A chemist, and he used to dry different articles—I believe he is in that line.
Cross-examined. Q. In what name? A. Principally in the name of Jones, and one in the name of M'Carthy.
STEPHEN LONGHURST . I am a policeman. The prisoners were given into my, custody—I found fourteen duplicates on the male prisoner, relating to property pawned by both the prisoners, and twelve besides.
The prisoner Hamilton pleaded poverty.
HAMILTON— GUILTY . Aged 24.— Confined Three Months.
WINGROVE— NOT GUILTY .
MARY GREEN . I live in Church-street, St. Giles's, in the same house as Elizabeth Marshall. I received information from her, yesterday three weeks, about half-past eleven o'clock at night, and went after the prisoner, and stopped him, about twenty yards from our door—I asked him if he had got the young woman's shawl—he denied having it—she came up, and said, "Have the goodness to give me my shawl"—he denied several times having taken it—she stopped with him about twenty minutes, or half an hour, asking him to give it up, but he would not—the policeman then took him to the station-house, and found the shawl round his body—this is it—(looking at it.)
Prisoner. Q. How do you know the shawl? A. I have often seen Marshall wear it—it is hers.
GEORGE JOHN RESTIEAUX (police-constable E 49.) The prisoner was given into my custody—I searched him, and found this shawl inside his shirt, twisted round his body—he had denied having it about him—I have often seen the shawl on Marshall's back—she is an unfortunate woman, and has walked Broad-street for years.
Prisoner. Q. Who called you to come up? A. Marshall called "Police" several times, and that was what drew my attention to you.
Prisoner's Defence. Marshall picked me up in the street, and took me home—I was very drunk, and was sick all about the place, and my clothes were all unbuttoned—I missed my money, and said I would give her in charge—she buttoned my clothes up, and what she put there I don't know—I came down stairs, not knowing I had any thing about me, and walked out—this young woman came to me, and I stood talking to her till they brought a policeman, which I should not have done if I had been guilty—I was stupidly drunk, and did not know I had the shawl.
GEORGE JOHN RESTIEAUX re-examined. He had been drinking, but was not drunk—he knew very well what he was about—he resisted being taken, and endeavoured to get away—I had to take him by force—I did not tell the Magistrate he went willingly—this is my deposition—looking at it)—read—" He at first resisted, and then went quietly"—he stated at Hatton-garden
that he was sick at the station-house, which was not true—I found 2s. on him.
GUILTY . Aged 21.— Transported for Seven Years.
EDWARD JAMES . I am a grocer, and live in Shoreditch. On Friday evening, the 29th of March, I was passing down Church-street, and perceived a person tread on my heel, but it excited no suspicion till my pocket fell—I then stopped, felt my pockets, and missed my handkerchief—I saw the prisoner pass, with another person, behind me—I went towards them, the prisoner started to run, and I saw him throw my handkerchief away—I pursued him about one hundred yards, calling, "Stop thief," and the policeman stopped him without my losing sight of him.
HENRY SINGER (police-constable H 148.) About seven o'clock, on the evening of the 29th of March, I was in Cock-lane, Shoreditch—I heard a cry of "Stop thief," in a direction of Church-street—I saw the prisoner running towards me, pursued by Mr. James—I caught him—James came up, and charged him with stealing a handkerchief—he denied it OWEN JUDGE. I heard the alarm given. I saw the prosecutor running after somebody—I cannot say whether it was the prisoner, I was not so near him—I saw the person stopped—I picked up the handkerchief at the corner of Cock-lane, adjoining Church-street.
(Property produced and sworn to.)
Prisoners Defence. I was running towards my home when the police-man pounced on me, and knocked me down, although I declared, my innocence.
GUILTY . *** Aged 16.— Transported for Ten Years.
1373. MARGARET CROSBIE was indicted for stealing, on the 5th of April, 1 blanket, value 2s.; 1 sheet, value 4s.; I pillow, value 2s.; 1 pillow-case, value 2d.; 2 flat-irons, value 1s.; and 1 saucepan, value 1s.; the goods of John Glanvill.
ELIZABETH GLANVILL . I am the wife of John Glanvill, and live in Strutton-ground, Westminster. The prisoner rented a furnished room in our house—on the 9th of April I went into her room, and missed these articles—I asked her what she had done with them—she said some she had sold, and some she had pledged—I sent for an officer—I found two declarations of the loss of duplicates in the room, and found the articles at the pawnbroker's—I found some duplicates under her bed.
THOMAS ADAMS . I am shopman to Mr. Archbutt, of Bridge-road, Lambeth. I produce a sheet pawned on the 18th of March—I do not know who by—I afterwards gave a declaration which is now here—I know that was issued to the prisoner—it is a declaration of having lost a duplicate in the name of Marshall.
Prisoner. I lost the ticket, and gave the landlady the declaration.
York-street, Westminster. I have a pillow, pawned on the 5th of April, I cannot say who by—this is the duplicate I gave for it.
Prisoner's Defence. We were in great distress—my husband had no work for a long time—Mrs. Glanvill knew I took the saucepan and sheet to pawn, because she asked me to get them out two or three times—she called in a policeman, and would not wait till my husband came home at night, or he would have got them out.
ELIZABETH GLANVILL re-examined. I understood that the sheet was pawned by her, and I asked her if it was so—she denied it—she after-wards said she had pawned the sheet and iron, and intended to get them out—I know of nothing else—I never allowed her to pawn them—I told her if she would get them home it was all very well, but she kept making away with more—there was a man there, who I expect was her husband—he said he knew nothing of the things being out of the place.
GUILTY. Aged 50.—Recommended to mercy.— Confined Ten Days.
MR. PAYNE conducted the Prosecution.
JOSEPH BANKS . I keep the Hare and Hounds, in St. Giles's. On the 24th of March the prisoner was in my house—Diller came in for change for a sovereign to pay for a coach which was at the door—Acton, my bar-woman, gave him the change—Diller put the sovereign down—I saw the prisoner take it up, put it into her mouth, swallow it, and drink after it—I am sure I saw her swallow it.
ELIZABETH ACTON . I am bar-woman to Banks. The prisoner was in the house when Diller came in—I gave him change for a sovereign—I saw the prisoner take the sovereign up with her hand and put it into her mouth.
FREDERICK DILLER . On the 24th of March I went to the Hare and Hounds to get change for a sovereign, which I placed on the counter—I had the change previously—the prisoner took the sovereign up, put it into her mouth, then pointed to her stomach, and said, "It is here."
STEPHEN THORNTON . I am a policeman. I was called in to take her into custody—at the station-house Banks said he saw her put it into her mouth—she said, "You did not think I was going to be such a d—d fool as to let you hare it"—there were three examinations—the parties could not attend at the fourth, and the Magistrate discharged her.
EDWARD BELL . I am a Police Inspector. About half-past five o'clock on the evening of the 5th of April, the prisoner came to the station-house and requested permission to examine the pan of the water-closet of the room she had been locked up in, saying the sovereign must have passed through her when she was at the station-house, as she had carefully searched for it ever since, and it must have been there; and added, "I was discharged by the Magistrate, and you know the sovereign is mine now."
Prisoner's Defence. It is all spite—they want to transport me—I was out nine or ten days, and drank at Banks's house, and got tipsy there—he has given me 6d. to drink since in his own house—I have been opposite his door several times—he has had several people transported from his house—he keeps the worst house in St. Giles's, and buys stolen
goods—there are four doors to his house—there are nothing but coiners and thieves there, and they were much more likely to take the sovereign than me.
JOSEPH BANKS re-examined. She has not been in my house since—she has been outside kicking up rows—I am sure I saw her take the sovereign and put it into her mouth—I have only two doors to my house—I have no place for people to sit down.
Prisoner. That man made me drunk yesterday. Witness. I did not—she had nothing to drink in my presence.
NOT GUILTY .
SARAH HURREN . I am a widow, and keep a stationer's shop in Curtain-road. On the 9th of April, about half-past eight o'clock in the evening, I was sitting in the back-room and heard a noise—I looked into the shop and saw the prisoner going out with this paper under his arm—he went up Thomas-street—I ran and hallooed "Stop thief"—the bundle was brought to the shop afterwards, with the prisoner—it had been on a shelf a little way inside the door.
ROBERT GROOM . I live in Thomas-street, Curtain-road. I was looking out of my first-floor window, and saw the prisoner with the paper under his right arm, and Mrs. Hurren running very close behind him—just opposite our house I heard him say, "You had better go back and mind your shop"—I found the bundle in a yard opposite Thomas-street, which is no thoroughfare—I told the officer I was convinced the prisoner must be there, and he was brought out of there and taken.
Prisoner. You said at the station-house you lost sight of me? Witness. Yes, in coming down stairs, but I can swear to you—I have not the least hesitation about you—I saw you in custody in five minutes.
Prisoner. I went down the yard for a necessary purpose, and the gentleman came to take me—I was actually doing up my things when he took me—I said I would walk willingly wherever he took me.
GUILTY . Aged 52.— Confined One Month.
WILLIAM WILKS . I am an officer of Customs. I found a quantity of nutmegs in the prisoner's hat, and the remainder next his body, under his shirt—he said a friend of his had given them to him—I afterwards found a cask of nutmegs in the searcher's office—nutmegs are very much alike.
Cross-examined by MR. PAYNE. Q. There is nothing extraordinary about
them? A. I never looked particularly at them—they agree with those in the cask—I had seen the prisoner in the docks before.
HENRY STEPHENS . I am a constable of St. Katherine's Docks. I went on board the American ship Quebec, and found a cask with the head off, and 31lbs. taken out—it contained nutmegs, and was rather above three parts full—it was marked "G. M."—it was moved to the searcher's office—I compared those in the cask with what was produced by Wilks—I believe them to be the same—they have a particular appearance—they are maggot eaten—those are generally sent for exportation—the ship was about sixty yards from where the prisoner was stopped.
Cross-examined by MR. PAYNE. Q. DO you mean to swear that the nutmegs found on the prisoner and in the cask are the same? A. I have no doubt of it, but will not swear it—the prisoner has been occasionally employed in the Docks—I have known him six months.
Cross-examined. Q. How do you know he goes by that name? A. I never heard him go by any other—I have heard him called by that name—Mr. Poole, the broker's clerk, told me it was his name—we had been talking about the Captain's name—the captain did not give me this card.
COURT. Q. Have you seen such cards in his hands? A. Yes.
Cross-examined. Q. Do you know that he was employed in the Dock? A. Yes—he was sometimes entrusted with money belonging to other men—he bore a good character as far as I know.
Cross-examined. Q. When was it moved from the Quebec? A. On Saturday, the day the prisoner was taken.
(The prisoner received a good character.)
GUILTY . Aged 48.— Confined Six Months.
NEW COURT.—Tuesday, April 17th, 1839.
Fifth Jury, before Mr. Common Sergeant.