CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
SESSION VII. TO SESSION XII.
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, May 13th, 1839, and following Days.
Before the Right Honourable SAMUEL WILSON , LORD MAYOR of the City of London; the Right Honourable Sir James Parke, Knt. one of Barons of Her Majesty's Court of Exchequer; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Claudius Stephen Hunter, Bart.; George Scholey, Esq.; Sir Matthew Wood, Bart.; William Venables, 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.; and Michael Gibbs, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
WILSON, MAYOR. SEVENTH 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.—May 13th, 1839.
First Jury, before Mr. Recorder.
JOHN FIELD . I live at Hackney. On the 16th of March I had some washing clothes in a cart, opposite a door in Caroline-place, Guildford-street—I went into the house, leaving the cart for not above three minutes, I received information, went with a policeman, and saw the two prisoners in Gray's Inn-lane—the policeman took them, and at the station-house these pinafores, which had been taken from my cart, were produced.
RICHARD COOPER (police-constable A 46.) I met the prosecutor, and went down Gray's Inn-road with him, we met the prisoners, seven or eight minutes' walk from Guildford-street—I asked Harrington what she had in her apron, she said, a loaf of bread, which I found there, with four pinafores—she ran away—I fetched her back, and took them both to the station-house.
RUTH HAYLES . I live in Caroline-place. I was at my window on the 16th of March, and saw the cart at No. 4, and Harrington behind the cart, taking something out of a box in the cart, which she put into her apron—Heaney was standing still on the pavement, six or seven yards off, near enough to see what she did—Harrington went to her when she had got the things—they went round the corner, into Mecklenburgh-square—it was six or seven o'clock—they were stopped about twenty minutes' walk from the cart.
JOHN COLLISON (police-constable E 13.) On the 16th of March I was at the station-house, and saw three pinafores lying on the floor behind the prisoner Heaney—Harrington was two or three yards from her, but they had been close together previously—she denied having had them.
Harrington. I said I saw the other prisoner drop them, and she did not deny it Witness. She did not say she did not drop them, nor that the other prisoner had—she said she saw them in her possession.
(Property produced and sworn to.)
(Harrington put in a writtendefence, stating that she was intoxicated, and had met the other prisoner, who told her to take the property, which they afterwards divided.)
Heaney's Defence. I met the other prisoner, who was a stranger, except from seeing her sweep a crossing in Bloomsbury-square—it began to rain, and I sat on a step in Caroline-place—she went to the cart, opened the box, and took something out—I suspected she had done wrong, and begged her to put them back—she would not—she dropped three at the station-house—they were never in my possession—her mother came to Hatton-garden on Wednesday, and said, "Mind you say that woman told you to steal them."
HARRINGTON— GUILTY . Aged 17.—Recommended to mercy.
Confined Three Months.
HEANEY— GUILTY . Aged 62.— Confined Six Months.
Before Mr. Sergeant Arabin.
GUILTY . Aged 22.— Confined Six Months.
1473. JAMES COFFEE was indicted for stealing, on the 18th of March, 1 waistcoat, value 5s., the goods of James Bennett ; and 1 pair of shoes, value 5s., and 3lbs. weight of leather, value 4s.; the goods of Joseph Stone, his master.
JAMES BENNETT . I was in the employ of Joseph Stone, a shoemaker. The prisoner was his apprentice, and slept in the same bed with me—on the 18th of March I got up, and left him in bed—I missed my property about two hours after, he was then gone—my things were safe over night—he went away without notice—this is my waistcoat.
GUILTY . Aged 13.— Confined One Month.
ALEXANDER HOGG . About half-past twelve o'clock, on the 3rd of May, I was in Gracechurch-street—I felt a tug at my pocket—I turned round, and saw the prisoner two or three yards from me, rolling my handkerchief up—this is it—(looking at one)—it had been in my coat pocket—the prisoner ran, I overtook him—he was not out of my sight—I am sure he is the same person.
JAMES PILLEY . I was standing at my door at half-past twelve o'clock, on the 3rd of May—I saw the prisoner making some progress up the court, from Half Moon-passage—the prosecutor was running after him, and I took him.
Prisoner's Defence. I was almost starved, I was two days without food—I saw the handkerchief hanging out of the pocket, and I was tempted to take it.
GUILTY .* Aged 24.— Transported for Ten Years.
JOSEPH PRIEST . I am a carter to Mr. Nash, of Hillingdon. About five o'clock in the morning of the 14th of April, I missed from a truss and a half to two trusses of clover bay, from a rick about fifty yards from his house—there were traces of it from the hedge where it was taken over to the road, and then in the road—Broadway followed the track—I afterwards saw some clover hay, which was a little musty—it was just like my master's.
Cross-examined by MR. DOANE. Q. Have you always said that it was from a truss and a half to two trusses? A. Yes—I said it was from one truss to two.
SAMUEL BROADWAY . I was going to work, and saw some hay littered in the road—it led up to the prisoner's house—I went with Weedon the constable, and found some hay in a hovel on the prisoner's premises, exactly like the rick of my master—it was clover hay, and a little musty—I know the rick well—I had cut some some time before.
Cross-examined. Q. There are many farmers in the neighbourhood? A. Yes—it is a hard gravel road from my master's to the prisoner's, but not a turnpike road—the prisoner said be bought it of a man who had it on his wagon—I will not swear to it.
FRANCIS WEEDON . I am a constable. I went to the prisoner's gate, and found there had been clover bay carried in there, and found the hay in a shed in the garden—there were 75lbs.—the witness brought a sample from the rick—it appeared to me to be the same kind, and a little musty.
NOT GUILTY .
OLD COURT.—Tuesday, May 14th, 1839.
Second Jury, before Mr. Recorder.
1476. ANN BAGLEY was indicted for stealing, on the 9th of April, 1 coffee-pot, value 5l. 10s.; and 1 waiter, value 30l.; the goods of Frederick Barron, her master, in his dwelling-house—also, on the 22nd of April, 1 tea-pot, value 10l.; and 1 fork, value 10s.; the goods of Frederick Barron, her master, in his dwelling-house: also, 14 spoons, value 11l. 5s.; 4 forks, value 3l.; 1 tablecloth, value 10s.; 1 basket, value 2l.; 2 packs of cards, value 5s.; 2 card-boxes, value 5s.; 1 ladle, value 1l.; 2 sheets, valve 12s.; 1 shift, value 4s.; one shirt, value 9s.; 1 flute, value 2l.; the goods of Frederick Barron, her master, in his dwelling-house; to both of which she pleaded
GUILTY . Aged 24.— Transported for Ten Years.
(Ann Norman, of Shepherdess-place, City-road, and Mrs. Fisher, of Camden-street, Islington, gave the prisoner a good character.)
1477. JULIA DUNBAR was indicted for stealing, on the 5th of May, 1 watch, value 8l.; 1 watch chain, value 3l.; 1 seal, value 10s.; 1 watch key, value 2s.; 1 split ring, value 1s.; 1 guard chain, value 15s.; 1 sovereign, 2 half-crowns, and 7 shillings; the goods and monies of William Hogg: and FLORENCE M'CARTHY , for feloniously receiving 1 seal, 1 watch key, and 1 split ring, part of the same; well knowing them to have been stolen; against the Statute, &c.
WILLIAM HOGG . I am master of the Albion, which was lying at Mill-hole. On Saturday, the 4th of May, I got rather intoxicated, and went to No. 14, Vinegar-lane, with a friend—I found Dunbar in the house—I went into a room with her, and gave her a sovereign—I had another sovereign left—she brought me 12s. or 13s. change—I went to bed there, put my clothes on a chair, and my watch under the pillow, with a gold chain, seal, key, and silver guard—about four o'clock next morning I was awoke by a policeman, and Dunbar was gone—I missed my watch and money, accompanied the policeman to a public-house, and saw Dunbar—my watch was taken from her bosom, in my presence.
JOHN BRINDLE . I live in Christian-street I slept in Vinegar-lane on the 4th of May, with Mary Ann Reed—about half-past three o'clock in the morning, as I was in bed, I heard a noise at the back door—Reed went and opened the door, and it was Dunbar—she came in and said, "I have come over the palings of No. 4—I robbed a man of his watch, which I put in the kitchen, and a sovereign, which I put under the carpet—will you let me have a pair of slippers, and a bonnet, and shawl?"—Reed would not—Dunbar said, "Don't you think I will pay you for them?"—she said, "I think not"—Dunbar then went away—I told Reed to open the window and call a policeman, but she could not see one—I watched at the window—in about a quarter of an hour I saw two policemen, and gave them information.
Dunbar. Q. Do not you keep a bad house? A. I do not—I had not seen the prosecutor that night.
BENJAMIN HARRIS (police-Constable K 19.) I was spoken to by Brindle at the corner of King David-lane, Shadwell—I took the prosecutor to the Crown and Anchor, in Brook-street, and found Dunbar in front of the bar—she was a good deal the worse for liquor—I told her I had been looking for her, as she had robbed the master of a vessel of his watch and some money—she said, "So help me, God, I will not go by myself"—I gave her in charge of the sergeant, and asked the landlady, in her presence, if she had left any property there—she said she had left a silver guard, having had a quartern of gin, and no money to pay for it—she gave it to me—I then went to the Queen Catherine public-house, about three hundred yards off, and found M'Carthy there—I told him I was informed he had been in company with Julia, who had robbed a captain of a watch and money, and I expected he had the seal and key in his possession—he was quiet, and made no answer for some minutes—I told him to feel in his pocket—he said then, "It is right, I have got it," but he did not produce it—I found the seal, key, and ring, in his left hand pocket—he said the girl had given them to him—he appeared about three parts intoxicated—I took him to the station-house—Dunbar was a good deal the worse for liquor—this was about a quarter past five o'clock in the morning.
(M'Carthy put in a written defence, stating that he was intoxicated, and met a woman, who persuaded him to go to a public-house, where she gave the landlord a watch—after drinking there he was unconscious of what followed, till he found himself at the station-house.)
DUNBAR— GUILTY .* Aged 25.— Transported for Seven Years. M'CARTHY— NOT GUILTY .
FREDERICK WILDMAN . I am servant at a ginger-beer manufactory in Down Terrace, Hackney. On Saturday evening, the 4th of May, I left my van at the end of Basinghall-street, and went to the White Bear tap in Basinghall-street—as I came from the house I saw the prisoner jump off the wheel of the van with my hat in his hand—I overtook him, without losing sight of him, with the hat in his hand—I had just bought it.
WILLIAM DARBY . I took the prisoner between five and six o'clock—I asked him where he got the hat—he said it was not the prosecutor's, that he had bought it in Petticoat-lane—I asked if there was any name inside it—he said, "No"—but there is a maker's name in it.
(Property produced, and sworn to.)
Prisoner's Defence. I met a man I knew by sight, and told him I was going after a situation—he said there was nothing vacant—we came along together, and in Basinghall-street he said, "There is a hat on the top of a box, if I fetch it, will you take it?"—I said I would not, and went on, leaving him—he came after me down Fore-street, and put it into my hand.
(The prisoner received a good character.)
GUILTY . Aged 20.—Recommended to mercy.
Confined Three Months.
FANNY ANN BELL . I am the wife of Edward Bell, who keeps the Crown in Thorney-street, in the parish of St. George, Bloomsbury. I rent the whole house—the prisoner came into our service on the 11th of April, and on the 19th I went to my drawer to take some gold, and missed 6 sovereigns out of 30l.—they were safe on the 17th, and wrapped in paper, and folded in a pair of stockings—the prisoner had bees in my room shortly before I missed them—I, went down and informed my husband—I first missed five, then went up, and missed another—the prisoner afterwards came down, and gave me the key of the bed-room—she was immediately given in charge—the constable went up to search her box—she took her pocket from her person, and in that was found one sovereign and a key—I tried that key, and it opened the whole of my drawers in the chest where the money was kept—she was directed to prepare to leave the house—I saw her reach up and take something out of a small safe in the kitchen—she closed her hand, and on my requesting her to open her hand and show what she had taken, she refused—I called the officer, and before he came she threw something from her hand to the grate, and I there saw the constable and Mr. Hone find four sovereigns—the prisoner was to have had eight guineas the first year.
Prisoner. All she has said is false—I gave my pocket up to the policeman, and there was a sovereign and the key of my box in it. Witness. It was a common lock—she had no box that the key belonged to.
Prisoner. It was a box I had at another place—the sovereign was my own, and also another which I gave a man to redeem a dress with—as to the four, I know nothing of them—they keep a bagatelle table, and various people come there.
JURY. Q. When did you see the money? A. On the 17th—we have a lad, but no other servant—the. door was kept locked.
GEORGE PALMER (police-constable E 17.) On Friday morning, the 19th of April, I was sent for to the house, and took the prisoner up stairs to search her box. I then said, I must search her person—she threw her pocket on the bed, and there I found one sovereign and a key—I gave the key to Mrs. Bell—I brought the prisoner down stairs, and left her in the kitchen with Mrs. Bell—I was then called into the kitchen, and Mrs. Bell said in her hearing, that she had thrown something on the kitchen range—I immediately searched the range, and picked up a sovereign, and Hone gave me three more which he took from the range—the key found in the prisoner's pocket would not open her box—I tried it to Mrs. Bell's drawers, and it opened them easily.
Prisoner's Defence (written.) "I had in my possession part of a dividend I receive annually—the money taken from my pocket was my own—I declare the key belonged to a box which I have—I am a widow, and have 3 young children."
GUILTY .* Aged 30.— Transported for Ten Years.
GEORGE SERJEANT. I am a cheesemonger, and live in High-street, Mary-le-bone. On the night of the 13th of April, I saw the prisoner near my shop—he went down the street to Mr. Errington's—I had crossed the road to watch him, and took my apron off—I saw him wait till a policeman passed and turned into the next street—I then saw the prisoner take a leg of pork out of Mr. Errington's window and go down High-street with it—when he got into Bowling-street I secured him—he hit me over the head with the leg of pork—we scuffled together—I threw him down, and held him till a policeman came—I lost my hat in the scuffle.
Cross-examined by MR. HORRY. Q. He walked away with the pork? A. Yes—he did not fall down till I threw him down.
JOHN SHORTER (police-constable D 155.) I found the prisoner on his back at the corner of Bowling-street, and Serjeant holding him—I think he had been drinking, but he knew what he was about—he asked me, in going to the station-house, what he had been about—I told him he had been stealing a leg of pork—he said it was through drunkenness.
Cross-examined. Q. He was very sulky for some distance, was he not? A. Very quiet—he worked at Baldron's, the baker, next door to the prosecutor, for two or three years.
GUILTY . Aged 19.— Confined Two Months.
ROBERT TRITTON . I am a grocer, and live in John-street, Edgeware-road. About a quarter past seven o'clock in the morning of the 18th of April, I heard an alarm of "stop thief," and the prisoner was pointed out to me about three rods from my shop—he ran, I pursued, and saw him stopped, and 3 pieces of bacon found on him—they had been inside my shop window, which was open, about half a minute before.
SARAH PARKER . I live next door to the prosecutor. As I was coming out of my door the prisoner passed me, he went to the prosecutor's shop, took up two pieces of bacon, and put them under his arm—I told him to put them down, instead of which he took up another, and ran off with the three pieces—I pointed him out, and saw him taken.
GUILTY . Aged 14.— Confined One Month, and Whipped.
NEW COURT.—Tuesday, May 14th, 1839.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 30.— Confined One Year.
1483. MARY CAPNER was indicted for stealing, on the 7th of May, 4 pewter pots, value 5s., and 1 glass-cloth, value 8d., the goods of George Josling; and 4 pewter pots, value 5s.; the goods of Charles Joseph Colrett; to which she pleaded
GUILTY . Aged 74.— Confined Six Months.
1484. FREDERICK WESTFIELD was indicted for stealing, on the 19th of February, 15 printed books, value 3l. 6s., and 4 cases, value 8s.; the goods of Frederick Wilson and others, his masters: also on the 6th of April 2 printed books and 4 cases, value 8s. 6d.; the goods of Frederick Wilson and others, his masters; to which he pleaded
GUILTY .— Confined Three Months.
JOHN WHEELER . On Sunday evening, the 28th of April, I was passing through Bishopsgate-street—I felt a tug, and missed my handkerchief—I saw the prisoner behind me, and passing a handkerchief to another person—I turned, and tried to take the other, but could not—I took the prisoner, and took him to the watch-house—I had seen it safe half an hour before—the one I saw him pass appeared like mine decidedly, and to the best of my belief it was mine—he begged me not to take him to the watch-house.
Prisoner's Defence. I was coming along—this gentleman laid hold of me, and said, "Did you see any body at my pocket?"—I said, "No." Witness. I did not ask him if he had seen any body at my pocket.
GUILTY .* Aged 17.— Transported for Ten Years.
WILLIAM HENRY SOUTHAN . I am in partnership with John Hammersley, but the instruments were his private property. On the 2nd of March, between twelve and one o'clock, the prisoner came to the house, and inquired for my partner—I said he was not at home, but I expected him soon—I asked him into one of our surgeries—another person came into the other surgery, and I fetched the instruments to perform an operation—after the other person was gone I asked the prisoner into that room where there was a fire—I was then called out to visit a case—I left the case of instruments on the table with the prisoner, at half-past twelve o'clock—I returned at four o'clock, and found the case of instruments was missing—it has never been found.
RICHARD MOUNT . I reside in York-square. I was at Mr. Hammersley's on the 2nd of March—I saw the prisoner in the surgery, about half-past twelve o'clock—I saw the case of instruments there—there were two persons came into the dispensary, and then the prisoner passed through, and said he would call again—I then went into the room, and the case was gone—no other person had been in the room from the time that I saw the instruments there, till I returned again.
Prisoner's Defence. I know nothing at all about them.
GUILTY . Aged 34.— Transported for Seven Years.
(There was another indictment against the prisoner on a similar charge.)
GEORGE TURNER . I live in Dorset-street, Salisbury-square. The prisoner was my clerk—it was his duty to receive money and to pay it to me—he left me on the 5th of March, without any notice whatever—Mr. Clarke, with whom I do business, told me a few days before, that he would give me 50l. on account—if he has paid that sum I have never received it.
Cross-examined by MR. PHILLIPS. Q. Whatever this person got from Mr. Clarke, it was his duty to give it you? A. Yes—if he got a check it was his duty to give it to me—it was not his duty to get change, but to give it to me, or pay it to my account—I have-never received the check nor the 50l.
CHARLES BARNETT . I am in the service of Mr. Clarke, of Tottenham. On the 4th of March he gave me a £50 check for Mr. Turner or his clerk—I gave it to the prisoner, who came for it, and gave me a receipt—this is the check I gave him—(looking at it.)
SAMUEL GEORGE NEWTON . I am clerk at Messrs. Hankeys, in Fenchurch-street. I paid this check on the 4th of March—I can't say to whom, I gave two £10 notes, and six £5 notes for it—the Nos. of the £10 notes were 97379 and 97380.
Mr. PHILLIPS called
THOMAS HUTTON . I am a poultry-salesman in Newgate-market I am in partnership with the prosecutor in some contracts, but not in his business in Dorset-street—I have known the prisoner from infancy—he has transacted a great deal of business for me—he was subject to flights of mind—Mr. Turner has frequently said to me, "I don't know what to make
of Harry, I think he is out of his mind"—the prisoner has been very honest—I would become his security to-morrow, if I considered him of sane mind—it is my firm opinion that he might have got this check and returned the money when he came right again.
DAVID DOBSON . I am a coal-merchant, and live at the City-road basin. I have known the prisoner from an infant—I was at Guildhall when be was brought there—he said he was hunted by hundreds of people, and he called "Fire," and "Murder," and so on.
GUILTY . Aged 42.—Recommended to mercy.— Confined Three Months.
SIDNEY TAYLOR . I live in Little Tower-street. On the evening of the 20th of April I was in my warehouse, and a person resembling the prisoner came in and asked fur a halfpenny cigar—I had, nothing of the kind—the officer called on me soon after, and from what he said I looked and missed two boxes of cigars—these are them—I had seen them safe a quarter of an hour before—I did the boxes together myself, and the cigars I believe are mine.
JAMES FELOATE (City police-constable No. 238.) I was in Tower-street about half-past nine o'clock in the evening of the 20th of April—the prisoner and another lad passed me—they turned up Mincing-lane—I followed the prisoner, who had a parcel under his arm—I asked him what he had got—he said his own' property, some cigars which he had bought at a shop over London-bridge, but he did not know the name—I took him to the station-house.
Prisoner's Defence. I bought them for 3s., of a man who appeared a sailor—I was going to sell them.
GUILTY . Aged 18.— Confined Three Months.
1489. WILLIAM DANCE was indicted for stealing, on the 23rd of March, 2 boxes, value 2s.; 120 yards of bombazin, value 8l. 5s.; 60 yards of lace, value 1l.; 3 stocks, value 9s.; 3 handkerchiefs, value 12s.; and 28 yards of ribbon, value 11s.; the goods of John Matthews and another, his masters.
JOHN MATTHEWS . I keep the New Inn in the Old Bailey—I have one partner. The prisoner was our carman—I did not say any thing to him about any parcel on the 23rd of March, as we were busy, bat I told him to call on the Monday or Tuesday, and I then asked him why a parcel for Gillman and Lucas was not delivered—he said he was not aware he had a box for them—it has never been found, nor any of the contents.
EDWARD ROLF . I live at the New Inn. I received on the 23rd of March a deal box by Kent's Eyworth wagon—it was delivered to the town wagon to be delivered to Gillman and Lucas, in Newgate-street, but not in my presence—I have the book in which the entry is made—the prisoner drove the wagon that it was meant for—I cannot prove that it was put into that wagon, but it is likely I saw it put in with the other parcels—there was a small box inside a large one.
Cross-examined by MR. PHILLIPS. Q. Did you see the one in the other? A. No.
a draper—I packed up the box, and I sent it to Messrs. Gill man and Lucas, of Newgate-street—it contained the articles mentioned—it was sent on the 19th of March, by Kent's wagon—there was a small box inside the large one.
Cross-examined. Q. Were there any gloves in the box? A. No.
WILLIAM COOPER WEBB . I live in Goswell-street, and am a tobacconist. On Saturday, the 23rd of March, I was leaking through my window, between nine and ten o'clock, and I saw the prisoner in the prosecutor's wagon—he uncorded and opened a box about two feet long, and emptied the whole of the contents—there were two pieces of bombazin, and other articles, which I cannot enumerate—there was a small box inside it—that he took out, and the lid of the large one fell, I could see Gillman and Lucas's name on it, and Smith—the wagon was standing still before my door for half an hour.
Cross-examined. Q. When did you give information of this? A. The same evening—I stated before the Magistrate about the direction on the box—I firmly believe I did.
ELIZABETH WEBB . I saw the prisoner uncord a packing case in the wagon—there was a box inside it—he took out, I believe, some gloves, and some black crape, or gauze, as it appeared to me, and some other things.
Cross-examined. Q. Did you say you saw him take out some gloves? A. I believed them to be gloves.
NOT GUILTY .
JOHN THORNE . I live in Bucklersbury. On the 9th of May, about twenty minutes before nine o'clock, I was going through Aldgate—I received some information, and missed my handkerchief—this is it—(looking at it.)
CHARLES CHAMBERS (City police-constable, No, 42.) I was on duty at the top of Jewry-street—I saw the prisoner with two other lads—the prisoner took this-handkerchief from the prosecutor's pocket, put it under his jacket, and I took him.
Prisoner. I took it off the ground. Witness. No, he did not—I was close to him.
GUILTY .* Aged 18.— Confined Three Months.
WILLIAM SMITH . About eleven o'clock on the 9th of May I was in Thames-street, near Billingsgate, I felt a pull at my pocket—I turned, and saw the prisoner going off—I took him, and found my handkerchief in a long pocket in his trowsers—he said first that I did not take it from him, and then he said he had found it.
Prisoner. I picked it up on the pavement, against a herring shop. Witness. It is quite impossible that I could have dropped it, not a second elapsed before I took him.
GUILTY .* Aged 19.— Transported for Ten Years.
EDWARD BOYLE . I live in Farringdon-street, and am a linendraper. I received information from Walker on the 3rd of May, and stopped the prisoner as she was going out of my shop—I said to her, "You have a card of lace"—she said, in a confused manner, "No, I have not"—she threw this card of lace on the counter, and it fell on the other side—one of my young people picked it up—it is mine.
Cross-examined by MR. PAYNE. Q. Where did she take it from? A. It appeared to me to be from under her shawl—I saw her shuffle it on the counter, and I saw it fall on the other side—I am quite sure she had it in her possession.
CHARLES WALKER . I am shopman to the prosecutor. About eight or nine o'clock in the evening the prisoner came and asked for a pair of stockings, which I sold her—she then asked to look at some lace, and bought two small quantities—I observed her put this piece of lace under her shawl—I put up what she had bought, and she paid me—I then went round and introduced a shawl to heir—I told Mr. Boyle of it—he brought her back—she threw this lace over the counter, and some of our young ladies caught it.
Cross-examined. Q. How near were you to her when she took this lace? A. Close to her—I was looking at her—I did not take her then, because I thought she might drop it down—I am certain it did not fall from the counter—there was no other person in the shop but one who came with her.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Three Months.
JUST CHRISTIAN SMITH . I am assistant to an ironmonger. About eleven o'clock at night, on the 21st of April, I was pawing over London bridge with my wife—I felt a twitch at my pocket—I turned, and saw the prisoner close behind me, passing my handkerchief behind him—it looked like mine, but he managed to secrete it there, and he sold it in the Computer believe—it was a yellow one with a white flower—I asked him for my handkerchief—he denied having it, and resisted very violently—he attempted to strike me.
Cross-examined by Mr. JONIS. Q. What is your name? A. Just Christian Smith—I am commonly called Jesse, but that is not my name—my wife calls me Jesse—I gave the name of Christian at the Mansion-house—I did not say a word about Just—the prisoner passed the handkerchief behind him, and secreted it in his trowsers—he was partially searched but they left it on him—there were several respectable persons about when he took my handkerchief—a man interfered, and said, I ought to be certain about his having it—if the man had not interfered I should not have prosecuted—that man was given in charge and was discharged the next morning—I charged him with attempting to rescue the thief—he has sent me a lawyer's letter, and threatened to bring an action against me—I have always been as certain about the prisoner being the man who took my
handkerchief as I am now—I have never said I could make a flaw in the indictment, and insure his acquittal, nor that if the prisoner's brother would give a guarantee for 1l. 13s. 4d., or for 1l., I would make it all right—I have been very much annoyed by the prisoner's friends—I told them I felt compelled to do it, because the man interfered—he has wished me to sign an apology, and pay the expenses—I would not have prosecuted if he had not threatened to bring the action—I rather think some of them mentioned 1l. 13s. 4d. as the sum the attorney would want from me—I did not offer to forego this prosecution if this sum were paid me.
Q. Did you not say if you were paid for three days' attendance at 6s. a-day, and 2s. for expenses and waiting about, you would forego the prosecution? A. No—I said it had been a very great trouble to me to prosecute the boy—I might have said I lost three days' time—I very likely said I was worth 6s. a-day—I did not say I had spent 2s. in waiting about, for expenses—I did not want the odd 2s. to make up the sovereign—my handkerchief is in the Computer, in possession of Mr. Teague, the governor—I saw it there the day after the prisoner was committed.
MARY SMITH . I was with my husband—I saw the prisoner close behind him—I said, "O Jesse, your handkerchief"—he went and asked the prisoner for it—he said he had not got it—there was a Mr. Goldsworth" there—he pushed me about, and said, what did I know about it—I said my husband had been robbed.
Cross-examined. Q. Your husband's name is Jesse, is it? A. His name is Just Christian Smith—I saw something in the prisoner's hand which I believe was the handkerchief—my husband said, "Give me my handkerchief and you shall go"—he struggled with my husband—the prisoner's sister came after us—my husband did not say what time he had lost—he said it had been a loss to him—he said he would not settle it, he must appear—he had no desire to prosecute, but the action was brought—they asked if he could not make a flaw in the indictment—he said he could not.
NOT GUILTY .
OLD COURT.—Wednesday, May 15th, 1839.
Third Jury, before Mr. Sergeant Arabin.
1494. WILLIAM RICHARDSON was indicted for stealing, on the 6th bf March, 19 1/2 lbs. weight of "copper, value 12s., the goods of Jeremiah Maiming, and fixed to a building.—2d. COUNT, for ripping and cutting, with intent to steal.
SAMUEL LAST . I am a carpenter. On the 6th of March, between one and two o'clock in the day, Mr. Manning sent for me to an empty house of his in Lisson-place, Marylebone—I went to the next house, got on the roof and then on this house, and saw the prisoner lying flat in the gutter, taking up the copper gutter—I asked what he was about—he said he was moving ft tile—he Jumped up and tried to get away—I caught hold of him—the tiles broke in and let me through, and he made his escape—he was taken afterwards—I knew him well before—he is the man—I examined the gutter—it had been ripped, and one piece of the copper was lying in the room, underneath the roof—he had this iron ripping it with, and this poker was in the room, under the roof, with the piece of copper.
roof myself—the rain did not come in—I know the prisoner well—he had no authority to touch the house—he is a chimney-sweep.
RICHARD ROAD NIGHT . I am a policeman—I took the prisoner on the 18th of April, in a public-house—I told him I wanted him, and supposed be knew what for—he said he did not—I said about stealing copper from Mr. Manning's house—he said he did not know Mr. Manning—I said I would take him to him—in going along he said he did do it, and was sorry for it.
Prisoner's Defence. Mr. Manning has taken two pieces of copper off himself, and brought them here—I was coming from work and saw a man looking out of a window—I said, "What do you want here.?"—he said, "Come and look here"—I said, "What is there to look at?"—he said, "Here is some copper, get up and just see where they have been taking it off"—I had not been up six minutes before he came—I was not lying in the gutter—the houses are all to pieces, and are to be taken down.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Six Months.
JOHN WHITTON . I am a woollen-draper in Tottenham Court-road. I have a partner—the prisoner was at work in my shop as a journeyman painter—on the 13th of April I missed a piece of satin, and found it in pledge—I went to the prisoner's lodging, and took him in bed.
HENRY KILSBY . I am shopman to Mr. Wad more, of Tottenham Court-road. On the 13th of April, about nine o'clock in the morning, the prisoner pawned this satin for 5s., in the name of John Gurney, Tottenham-place—I would have lent him 1l. on it.
The prisoner pleaded poverty; and George Gillingham, of Southampton-court, Tottenham-court-road, and—Knight, a lock-smith, gave him a good character.
GUILTY .* Aged 45.— Transported for Seven Years.
EDMUND CHICHELY . I am a policeman. On Friday, the 3rd of May, about one o'clock in the day, J met the prisoner in Chapel-street, Pentonville, with the large trowel in a handkerchief under his arm—I asked where he got it—he said from his father's, in Anderson-buildings, City-road, and in a moment he said, "I bought it of a man in Brick-lane"—I took him to the station-house, and found a small trowel in his coat-pocket—in the evening the prosecutor identified them both—I took him about a mile from, where they were lost.
JOHN WINTER BOURNE . I am a bricklayer. These are my trowels—I left them in the back-parlour, of an empty house at twelve o'clock when I went to dinner—when I returned they were gone—there was a painter at work in the house—I don't know, the prisoner.
Prisoner's Defence. I was going up the street, and a person asked if I would buy them.
GUILTY * Aged 20.— Transported for Seven Years.
CHARLES SCHAFER . I am servant to Robert Reed, a baker. On the 16th of April I was in Berners-street, with my basket of bread—I left it for five minutes, and when I returned I missed three loaves—the prisoner is a stranger.
JOHN PARK . I am a policeman. I was going through Gordon-square, St. Pancras, and saw the prisoner and another—the prisoner had a bundle Under his arm—I asked what he had—he said some bread—I asked where he got it—he said he bought it at the shop—I asked him to show me the shop, he said he would—he walked a few steps, then turned round and said, "I might as well tell you the truth; the bread was given to me by a baker"—I took him to the station-house—I went round to the different bakers, and at last the prosecutor came and identified the bread—it was three loaves.
(The prisoner put in a written defence, staling that he had known the witness, Schafer, a considerable time; that on the morning in question he met him, and asked him to go round with him; he (the prisoner) said he was going to fetch some bread for hit mother; the witness said he could buy it of him, which he did, and gave him 1s. for it.)
Prisoner. He took my place at Mr. Aitzell's, in Crawford-place, when I left. Witness. It is not true.
GUILTY . Aged 20.— Confined Six Weeks.
Before Mr. Justice Patteson.
1498. JOSEPH STOKES, SARAH COOPER , and JANE LING-FORD , were indicted for breaking and entering the dwelling-house of Jabez Balch, on the 22nd of April, and stealing 6 yards of velvet, value 3l., his goods.
JAMES JONATHAN JONES . I am shopman to Jabez Balch, a linen-draper in Shoreditch. On the 22nd of April, about eight o'clock, I was in the shop—Cave and her mother came and gave me information—I looked at the window, and observed a crowd of people—I went outside, and the people were gone—I observed the corner of the glass of the window was cut, and a piece of velvet taken away—there was a large hole, sufficient for an arm to be put in—a roll of silk was also removed from its place, and laid opposite the hole, but was not taken away—I had seen the velvet, between six and seven o'clock, just opposite that square of glass—there was no hole in the window then, I am sure—the velvet had a private mark, on a paper tacked to it——I have since seen that ticket—about nine o'clock the same evening, I saw Lingford come and stoop down and look at the square that was cut—I went out of the door, and she went off directly.
Cross-examined by MR. PRENDERGAST. Q. When had you seen the velvet there? A. Between six and seven o'clock—I placed it there at that time—Mrs. Bowman gave me the information—Cave stood by the door, and came in after her mother—Cave had been in the shop about half an hour before.
Cross-examined by MR. PAYNE. Q. I understand you met Cooper in
the street? A. Yes—I said I wanted her for a few minutes—she walked with me, and I gave her to the policeman.
JANE CAVE . I am servant to Mrs. Harris. About seven o'clock, in the evening of the 22nd of April, I was passing Mr. Balch's shop, and saw the three prisoners and three young men standing round the window, and one of them, who is not in custody, was cutting the window with a glazier's diamond—the prisoners were all standing still by the window—Lingford stood next to the young man who was cutting the window, and Stokes was standing on the other side—I stopped to see what they were doing—the man not in custody shoved the piece of glass in, and they all ran away—I went away also, and went home—I was sent out again directly after to Mr. Balch's shop, and when I got there I saw them all six standing around the window—I went into the shop to ask about some-thing—I did not tell Mr. Balch of it—I was not there above two or there minutes—when I came oat they were still there—I said nothing about it to the people in the shop—I went home and told my mother, Jane Bowman, and she and I directly returned to the shop—the prisoners were all there still—I waited outside the shop—my mother went in—she came out again, and we both went away—the prisoners were there then, and the three not in custody also—it was about eight o'clock—I was not there when Jones came out.
Cross-examined by MR. PRENDERGAST. Q. All Standing there at the time you and your mother came out of the shop? A. Yes—I did not go into the shop—I was standing next door—I had stood part of the time looking at the person cutting the window—there was nobody looking but me—there were others passing along—I stood looking it them about five minutes the first time, quite close to them—it was quite light—the man went on cutting the window while I stood looking—I went into the shop the first time to ask the price of a piece of linen—I spoke to Jones—I was about two or three minutes in the shop—there were other customers there—I did not tell what was going on, as I Was frightened—they had not threatened me—I did not speak to them—they did not see me looking at them—I was standing on the curb, and they were at the window.
Q. I thought you said you were close to them? A. Well that is close to them—I am sure they did not see me—one of them, in custody put his arm into my face to prevent my seeing—he saw me, but the others did not—Stokes is not the man who was cutting—I am quite sure Stphes was there—I did not see him do any thing—he was standing at the window—with the others—he did not see me—his head was turned to the window—I am certain he is the person—I saw his face when he ran away, after shoving the glass in—nobody took any notice of that—they carried nothing away with them—Mr. Harris is a ginger-beer manufacturer at the corner of Nelson-street, Bethnal-green—I told my mistress about it the first time I went home; and she sent me in on an errand, and to tell Mr. Balch but I did not tell him—I am seventeen years old—I have never been a witness before—Stokes stood on the right of the man who was cutting the window and Lingford on the left—one of the other young man was walking about the window, and one was standing next to Stokes—the one that put his arm in my face said nothing to me—he put his arm up as I was walking backwards and forwards, to see if I could look over their shoulders out they would not let me.
Cross-examined by MR. PAYNE. Q. How near did you get to the man
who was cutting the glass? A. I passed him—I stood opposite the men two or three minutes—there was space enough for me to see what he was doing—I saw him cutting—I was about half a yard off—I will swear I saw Cooper standing by the window.
COURT. Q. Were they strangers to you? A. No—I had known them before by sight, not all six of them—I knew Cooper and Lingford by sight, but not Stokes.
JANE BOWMAN . I am Cave's mother. She came to me, and I went with her to Balch's—when I got there the window was surrounded by people—I saw two females close by the pane of glass that was cut, and there were some more besides, I cannot say exactly how many—Cooper is the only one I can speak to—I passed the window, and saw the pane cat—I went into the shop—when I came out they were still at the window.
Cross-examined by MR. PRENDEROAST. Q. Were there ten or twenty round the window? A. No—there might be five or six, including the two females—I saw nothing done to the window—the glass was cut before I went—I saw the hole in it, and observed a roll of black silk close to the pane of glass.
THOMAS FISHER . I am a policeman. I went to Mr. Balch's shop on the 22nd of April—there was a hole in the window—I went next morning, in consequence of information, to Nelson-street, Bethnal Green, about a quarter after eight o'clock—I there found Stokes and Lingford in bed together—I took them to Mr. Batch's shop—Cave was there, and said they were two of the parties—we took them to the station-house—I found on Stokes 9s. 7d. and 2 keys, one was the key of his room, and the other a picklock key—I then returned with Wilkinson to the lodging—I saw a ticket on the ground near the foot of the bed, which Wilkinson picked up—I found half-a-crown in the room, nothing else.
Cross-examined by MR. PRENDEROAST. Q. You did not find the ticket the first time you went? A. No—we shut their room door when we took them away—I do not think we locked it—I do not think it was locked when we went back—there are about three rooms in the house—it is in the same street as Cave lives in, but 47 doors off—this is a common key, but it would open many doors.
Cross-examined by MR. PRENDEROAST. Q. Where were the keys found? A. Stokes gave them up to Fisher—he locked the door, gave us the key, and said that was the key of the front door—he gave Fisher the key of the door, not the key of the room, that was found on him at the station-house—he said, that was the key of the front door where he lodged, but we tried it, and it would not go into the lock—I do not know whether it is a picklock key.
Cross-examined by MR. PAYNE. Q. Did you take Cooper into custody? A. Yes, Jones gave her into custody—she was walking in High-street about twenty minutes after eight o'clock in the morning after the robbery.
COURT. Q. You say Stokes locked the door the first time? A. Yes, and gave the key up to Fisher—when we returned to search the room, the door was locked—Fisher opened it with the key—he put the key in, and told me it was locked.
J. JONES. re-examined. This is the very ticket that was on the piece of velvet.
Cross-examined by MR. PRENDERGAST. Q. Might it not have been on some other goods of yours? A. It is one that was on velvet—it does not correspond with other tickets—I know it is the very ticket that was on the velvet, because the private mark is on it in Mr. Balch's writing—the ticket is" not our own, but it has a private mark of our own on it—the ticket itself was on the velvet When we bought it.
COURT. Q. How do you know there might not be another piece of goods with exactly the same sort of ticket on it? A. Not the same, for there is the cost and selling price on it, and I know the pattern of the ticket—we had no other velvet in the shop at that price, not with such a ticket—I know all the stock master had—the mark he put on it is on the ticket now—it is a "y"—it is the only piece we had of that colour.
NOT GUILTY .
1499. GEORGE FOUNTAIN was indicted for feloniously, breaking and entering the dwelling-house of Langham Christies on the 19th of April, at St. Marylebone, and stealing therein 1 spoon, value 1l., and 2 forks, value 1l., his goods.
JOHN WALKER . I am servant to Mr. Langham Christie, of Cumberland-street, St. Marylebone. On the 19th of April, at half-past twelve o'clock at noon, I was in the pantry, and heard the street-door bell ring—I went up to answer it—the door leading to the area, I believe, at that time, was left open to dry the passage, which had been just cleaned—I shut the pantry door, but did not lock it—it is a common latch—when I got to the door there was a person there with a newspaper—I took it up to the drawing-room—mistress sent me into the dining-room with it, and I went, down to the pantry, in less than five minutes—when I got to the top of the stairs I saw the pantry door wide open, and the prisoner in the pantry—I called out, and asked him what he wanted there—when I got to the bottom of the stairs he asked if I wanted any black lead—(he had a parcel, of black lead in his left hand, and a blue bag in his other hand)—I said, "No—where do you come from?"—he made no answer, I felt the bag, and heard something rattle—I looked at the tray, and missed some plate—I said, "You have been stealing the plate"—he put his hand into the bag to pull it out—I said, "No, I will take care of that"—he begged of me to let him go—I sent for my master, who came directly, and went for a policeman himself—I kept the prisoner in one hand, and the bag, in the other—the bag was examined at the station-house, and contained two silver dessert forks, a table-spoon, and two papers of black lead—they were my master's forks, and had been on the tray, which I had just set ready for lunch—there was a silver salt-spoon, which he had not touched.
Cross-examined by MR. PAYNE. Q. What size is the pantry? A. Very small—I shut the pantry-door close to—I am certain the lock caught—I was coming out of the pantry at the time the bell rang, and I recollect shutting the door particularly—I knew the area door was open, which made me particular, and if the bell had not rung, I should have locked the door—I saw the prisoner in the pantry—there was no blue bag there before, nor any black lead—he seemed very much frightened—there was other plate in the pantry, but it was locked up in a cupboard.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 30.—Strongly recommended to mercy.— Confined Six Months.
1500. JAMES BRADY and HENRY TYRRELL were indicted for burglariously breaking and entering the dwelling-house of Edward Protheroe, about the hour of three in the night of the 22nd of April, at St. George, Hanover-square, with intent to steal, and stealing therein I window-curtain, value 1s., his property.
STEPHEN FALLWELL . I am groom to Mr. Edward Protheroe, who is a single gentleman, living in Chapel-street, Grosvenor-square, in the parish of St. George, Hanover-square. On the night of the 22nd of April I went to bed about half-past ten o'clock, in the back-room, on the same floor as the street-door is on—I had seen all the doors and windows safe before I went to bed—the kitchen window was fastened with a snap—I was alarmed about twenty minutes after three o'clock in the morning—I called the lad who sleeps in the next room—he went to the front-door, and the policeman gave him information—I went to the door myself and let the policeman in—he went down stairs and opened the kitchen door—I found part of the panel of the inside window-shutter cut out, the window pushed up, and the curtain taken away which had hung between the window and the shutter—nothing else was missing—a pane of glass was broken in the window to open the hasp—I went with the policeman into the area, and found the two prisoners concealed in the coal-hole under the street—after they were taken to the station-house we found a dark lantern, a box of lucifer matches, and a very large spring back-knife, and the curtain was in one corner of the coal-hole—the window was fastened by a spring catch.
Cross-examined by MR. PATNE. Q. You found the prisoners outside the window, did you not? A. Yes, they had not got into the house—I found all the doors fastened—the hole in the window broken was about half the size of the palm of my hand—the hasp was pulled back—I had fastened the shutters and windows the night before—master had come home after I went to bed—he lets himself in when he comes from the House of Commons—the shutter is about two inches from the window—I found the window pushed up as far as it would go—part of the panel of the shutter was cut out and taken away—I know nothing about the parish except from what my master told me.
WILLIAM KENT . I am a policeman. I was on duty on the night of the 22nd of April in Chapel-street, which is in the parish of St. George, Hanover-square—I was passing the prosecutor's house, and observed a pane of glass broken in the kitchen window, and the window lifted up—I waited till I obtained the assistance of a constable, and alarmed the inmates—I went down with the groom, and found part of the panel of the shutter cut—I found the two prisoners in the coal-hole, and took them into custody—I saw nobody at the window—the curtain was handed over to me by sergeant Pullen, in Falwell's presence.
Cross-examined. Q. How do you know the parish? A. I have always understood it to be St. George, Hanover-square—I got my information from the superintendent at the station-house since this occurred—I have been
a policeman nearly four years, and have very frequently acted in that part of the town—I do not know the exact boundaries of the parish.
STEPHEN FALLWELL re-examined. I found this dark lantern in the corner of the coal-hole, where they were concealed, and these parts of the panel of the shutter—I compared them—the curtain was put behind a tub—this knife and box of lucifer matches were also in the coal-hole.
Cross-examined. Q. Did either of the prisoners appear in liquor? A. No—nothing was said then about a hat haying fallen over the area—it was said at the office—nothing was found on the prisoners that I am aware of.
BRADY— GUILTY . Aged 19.
TYRRELL— GUILTY . Aged 17.
Of stealing only.— Transported for Seven Years.
Fourth Jury, before Mr. Recorder.
JAMES DAVIES . I am a linen-draper, and lire in Oxford-street, in the parish of St. Marylebone. I occupy the whole house—the prisoner was my shopman for five weeks—on Thursday, the 28th of March, I missed one £100 bank-note from my cash-box—I gave him into custody on the Monday fortnight afterwards—I had received, on the 19th of February, four £100 notes, and three £50 notes from the Bank of England—my cash-box was in my desk at the end of the shop—I believe I left the keys in that desk, when I was attending the counter—I missed two £100 notes on Saturday the 30th, the day after Good Friday—after searching for them, the prisoner came and searched a drawer, and said, "Here is one;" and delivered me a £100 note, No. 98, 046—No. 93, 045 was still mining—after I had traced it, he was charged with taking it, by the gentleman who was brought to the shop—I did not charge him with it myself—he denied taking any thing.
Cross-examined by MR. PHILLIPS. Q. Where did he come from to you? A. From Mr. Roberts, in the Borough—I received a very good character with him—the officer has 69l. and a gold watch, valued at 45l.—I have money or money's worth back.
CHARLES WARREN COOK . I am shopman to Benjamin Warwick, a goldsmith in Regent-street. On Saturday morning, the 30th of March, the prisoner came to the shop, between nine and ten o'clock, and wished to look at some watches—I shewed him some—he selected one, and a gold guard, and a brigade chain—they came to 43l. 183. all together—he produced a silver watch, for which we allowed, I think, 38s.—he paid me with a £100 note—I sent it out for change by Mr. Warwick's son, who is quite a youth—he was not absent more than five minutes—he is not here.
Cross-examined. Q. What is the watch really worth? A. It cost us between 26l. and 27l., and we charged him 32l.—it is an English watch, of the finest description—we guarantee it for twelve months.
CHARLES DEWING . I am a constable of Marlborough-street Office. I went to Mr. Davies's shop on Monday, the 15th of March—the prisoner was pointed out to me, and the prosecutor said, "That is the person"—he immediately said to me, "They accuse me of stealing this £100 note"—I said, "Yes, they do; but it remains to be proved whether you are innocent or guilty"—he said, "Come up stairs, and search my trunks with me, Will you?"—I followed him—he unlocked one trunk, I began to make search—the prisoner sat by me, and when I had nearly searched the first
trunk, I took hold of a pair of stookings, doubled up, and found them heavy—the prisoner said, "Oh, there is the watch!"—he burst into tears, and said, "I have committed the act, and it is no use denying it;"—I asked if he had any other trunk—he said, "Yes, that old trunk is mine; in it you will find an old pair of trowsers, and in them you will find the notes, tied up, which I received in change"—I felt the notes in the waistband of the trowsers, and asked how much there was—he said he did not know—I unripped the trowsers, and took out of the waistband two £10 notes, and seven £5 notes—I asked if he had any more—he said, "No, I have not, but I have some gold;"—he produced his purse from his pocket, and there were fourteen sovereigns and a half-sovereign—but he said, "This half-sovereign is not part of the money, it belongs to the shop; I took it in change this morning."
Cross-examined. Q. He told you where to find the notes?A. Yes—I have got 69l. besides the watch and chain.
(Richard Richardson, of Haverfordwest; Rev. George Herries, of St. David's; and the Rev. James Williams, of St. David's, gave the prisoner an excellent character.)
GUILTY . Aged 21.—Recommended to mercy by the Jury and Prosecutor.
Transported for Ten Yean.
MR. HORRY conducted the Prosecution.
HANNAH HARRAOAN . On Sunday night, the 28th of April, I was coming from Bristol to London—I was at Colnbrook, in Bucks—I saw a cart with 2 dead horses—the prisoner drove it—I rode a few miles in his cart—I felt his hand about me two or three times, and told him not to take any liberties with me—I afterwards got out of the cart, when I got to the night-house, not liking his company—I went into the public-house, and he went in too—we had a drop of beer, which he changed a sovereign to pay for—before that lie had said, "I have no money; will you give me money to pay the 'pike?'"—I did not get into his cart afterwards—I went along the road, and got a cup of coffee of a woman at a stall—I then missed my money, and could not pay for it—I went back to find the prisoner—I had not been into any house after leaving him—I told Patrick Welch, who was with me, of it—when 1 got back to the night-house, the prisoner was gone—this ring was on my purse at the time—(looking at one)—but this purse is not mine—I lost 5 sovereigns in my pocket and 1s.—it was a red purse with 2 rings—the prisoner sat on my left side in the cart, and three times I told him to leave his hands off me, and not take liberties—I left him about half-past twelve—I had rode in the cart about eight miles, I think—he paid for the beer, because he did not want me to feel for my money.
Prisoner. Q. How far did you go before you missed your money? A. I showed the officer the two houses between which you robbed me—you wanted to give me brandy, but I would not drink any thing but beer—when you wanted to pay for the turnpike, you said you had no money, and my friend gave you 5d.—you afterwards changed a sovereign, and said, "This is my master's money."
Prisoner. Q. How far did you go with your friend before you missed your money? A. Not a long way—I wanted a cup of coffee, and met a woman in the street—it was above two hours after I left your cart that I missed my money—my friend walked in the street, and I on the pavement.
WILLIAM THOMPSON . I am a horse patrol belonging to Harlington—The prosecutrix came to me, and complained of the robbery—I went to Maidenhead, and apprehended the prisoner, on Tuesday, the 30th of April—I searched him, and found a ring loose in his pocket, 2 sovereigns, 17s. 11d., and a silver watch—the prosecutrix identified the ring directly in his presence—the prisoner at first denied any person having Hidden with him—he afterwards owned it—he said he had bought the watch in Cow-lane for 1l. 2s. on the Monday—the robbery was on Sunday evening—the prosecutrix had given me information at half-past seven o'clock on Monday evening, when I was on the road at Harlington Corner, on the Bath-road, about three miles from Hounslow—she had no money at all—I was obliged to advance her money, and put her in a lodging till I could apprehend the prisoner.
COURT. Q. Did you confront the prisoner and prosecutrix together? A. Yes—she pointed him out as the man she rode with, and she would have fought him in the house, if I had permitted it.
PATRICK WELCH . I was with the prosecutrix at Colnbrook, accompanying her to town—the prisoner's cart came up, and we got into it—I travelled part of the way, and then got out—we did not stop at any public-house till we came to the night-house—the prisoner there said he could not come on for a while, and we left him—he had changed a sovereign here, and before that he had no money to pay the turnpike, and I gave him 5d.—we left him at the night-house, and came on for about two hours—the prosecutrix then wanted some coffee, and missed her purse and money—the prisoner had seen her sovereigns at the first night-house we came to, where we bad some bread and cheese—she drew a sovereign out to pay 44., but I would not let her, and paid out of some silver which I had—I did not hear her complain of his touching her, but I had got out and walked by the side of the cart some distance.
GUILTY .* Aged 20.— Transported for Ten Year.
ELIZABETH WREFORD . I am single, and live in Beech-street—the prisoner lodged at my house for five months—he told me he was a teacher of the French language—I had some money in Bloomsbury Savings'-bank—I drew some out, and received a £50 note, which Mr. Bailey, my cousin, changed for me—I had four £10 notes, and the rest in sovereigns—I paid two of the £10 notes to Mr. Fox, and one to Mr. Fowler—I put the other in-to my cupboard in the room where the prisoner slept—he saw me put it there, and persuaded me to do so, because I had lost money before—he said, "Elisabeth, you had better put the money into the cupboard, where you will have it safe," and I did so—he had the key of the cupboard—he
kept a carpet-bag there—he went away on the 25th of March, before I was up in the morning—I found the cupboard looked, and he had taken the key with him—I sent for a policeman, and the cupboard was broken open—the carpet-bag was gone, and my 10l. note, 2 sovereigns, and 2 shillings which I had put on the shelf—the note was in a little pocket-book—he had not told me he meant to leave the house—this was on the Monday—I found him on the Saturday night in King-street, Commercial road, at a Jew's—I had been on familiar terms with him—he had asked me to marry him—when I saw him he said, "Oh, Elizabeth! Elizabeth! are you going to destroy me? let me go home with you, and I will make it all right"—my rent was due the day he left—he was aware of that, for he told me quarter-day was not till the 29th—I have since seen his bag, and the key of the cupboard, in possession of the officer.
Cross-examined by MR. PAYNE. Q. Was the cupboard in a room fitted up as a reading-room? A. No, it is a coffee-room, but I did not use it—I keep a cigar-shop—the cupboard was in a room on the first floor—it was not open to customers—there is a small bagatelle-board—there is "Cigar and Coffee-room "written up, but the room had not been used at all, except that I dined and breakfasted in it, and the prisoner slept there in a press-bedstead—I had a key to the room, besides the one he had—he paid his addresses to me—he is a Pole—he paid me two weeks' rent—he took something out of pawn for me, and paid 23s. for it—I did not give him the money to fetch them—he did not give me 30s. to pay my landlord—I never got but 10s. from him—I put the note into the cupboard in February, about six weeks before he left me, and did not see it afterwards—he had lived with me five months that morning—I know the note—there was writing on the back of only one name, when I received it at the Bank—it was a new note—I cannot tell what the name is—it was produced before the Magistrate—the pocket-book was not taken—a man and his wife lodged up stairs.
DANIEL SUGG (police-constable H 17.) I apprehended the prisoner in King-street—the prosecutrix said, "Oh! Mr. Alexander, how could you take my money?"—he said he knew nothing about it—she remained in the room a few minutes—I asked if she intended to charge him with the robbery—she said she did—on the way to the station-house he looked round, and said, "Oh, Elizabeth, don't hurt me; I will go home with you, and the policeman shall go, and I will make it all right"—I said I could not allow it, he must go to the station-house.
Cross-examined. Q. Did you break open the closet? A. No, I believe a City policeman did.
THOMAS HERDSFIELD . I am an officer. I went to Townsend-yard, Union-street, Borough, and found two carpet bags, in the first-floor room of the house—I do not know who lodged there—I have both the bags here—in one of them I found a key—I have brought the lock of the cupboard here—it is the key of that lock—the lock was broken to pieces.
THOMAS PHILLIPS . I am a clerk in the Bank of England. I produce a £10 note, No. 95175, dated 5th February, 1838—it was paid into the Bank on the 9th of February, by John Williams, No. 17, Finsbury-street.
Cross-examined. Q. You do not know Williams? A. No, I speak from a memorandum in our books—I have made the extract in my own writing—I did not receive the note at the Bank—we never issue two notes
of the same number and date at one time—the person who brought the note would write the name and address on it.
ELIZABETH WREFORD re-examined. I have no knowledge of this handwriting—I mean the name of Williams—I had the note six months by me—I know this note, by the writing on the back—I cannot read the writing, but I know it by this, the ink in the middle—I can swear it is the note I lost—I picked it out, amongst all the others, when I was taken to the Bank.
Cross-examined. Q. Yours was a new note? A. Yes, when I received it, but I had rumpled it up in my hand, when I examined for the two sovereigns and two shillings I lost before—I do not know the number of the note, except from what Bailey informed me—I had the lock broken open, because it was stopped up so that my key would not open it.
NOT GUILTY .
JOSEPH BOWERS . I am shopman to James Ross, a pawnbroker in East-street, Marylebone. On the 16th of April my attention was called by a person outside, and I missed a shawl—I went out and took the prisoner four or five yards from the shop, and took the shawl from under her shawl—I had hung it up myself in the shop, and had seen it safe about half-an-hour before—this is it—(looking at it)—she said she did not intend to steal it.
WILLIAM CHALKLEY (police-constable D 189.) I was passing in the street, and found the prisoner in the shop, and the shawl on the counter, and took heir—she said she hoped Mr. Ross would not lock her up.
Prisoner's Defence. I saw the shawl partly laying on the ground, and being in the greatest distress through illness, I was tempted to take it up.
(The prisoner received a good character.)
GUILTY . Aged 69.—Recommended to mercy by the Prosecutor and Jury,
Confined Seven Days.
NEW COURT. Wednesday, May 16th, 1839.
Sixth Jury, before Mr. Common Sergeant.
GUILTY .* Aged 38.— Confined Six Months.
1506. JAMES HASWELL was indicted for stealing, on the 15th of April, 1 tea-chest, value 1s.; and 12lbs. weight of tea, value 3l. the goods of John Potts and others, and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 11.— Transported for Seven Years.—Isle of Wight.
of the 16th of April, I heard a noise in the area—I went and opened the door, and saw the prisoner within three steps of the top of the area, with a bottle in his hand—he went about three doors from the house and threw it down, smashed it, and ran away—I called "Stop thief"—I saw a man come down Gloucester-place—he stopped him—I gave him to the officer—I found a hamper in the area—the bottle-rack doors were both thrown open, and there were forty-four bottles in the basket, which had been taken out of the rack—the basket was not my master's, but the bottles were—when the policeman came down the area, the prisoner began to cry and said, "Let me go, I will never do so again—can you gave me a little water to drink?"
ABRAHAM THORPE . I live in Kingstone-street, Belgrave-square. I was in Gloucester-place, and heard the cry of "Stop thief"—the prisoner was coming up at the greatest speed—I caught and brought him back—he cried and said, "Pray let me go."
Prisoner's Defence. On the night before I met with a groom, he asked if I was a smith or a shoemaker—I said no, I was a wine-cooper—he said he knew of some bottles to sell—he took me to the area and counted them out—he heard a noise—he pushed me over the basket, and told me to run away.
GUILTY .* Aged 18.— Confined One Year.
MR. ESPINASSE conducted the Prosecution.
JOHN LONGMAN . I live in Foley-street, Marylebone, and am a carpenter. On the 9th of April I went to Sir Claude Scott's banking-house—I had two cheques—I had one of them changed for gold—the prisoner Walls stood at my left hand in the banking-house, and a person was with him, I cannot say who—I went to Crawford-street—when there I missed a cheque for 14l. 10s. on the Marylebone Bank—I went to the Bank the moment I missed it, to stop the payment, but the cheque was there, and had been paid—I took an officer, and went to Enfield, where I found the prisoners, about twelve o'clock—I had seen the cheque safe about a quarter past two o'clock, when I missed it about three o'clock—when the prisoners were taken Walls produced some money—he counted some gold from one hand to the other—the landlord was in the parlour, and a great many other persons came in—I gave Walls into custody the moment I saw him, but he got away from the policeman.
Cross-examined by MR. PHILLIPS. Q. How long did you stay drinking with him before he got away? A. I cannot tell—we left about two o'clock in the morning—I do not know that I drank with him at all—I drank in the room, and I believe Walls drank—I paid for some liquor—I do not know who paid for the rest—I believe the policeman drank—I was sober when I left—we were waiting to see if we could get the prisoners again after they escaped—I was walking in the passage, and so was the policeman
—I paid 2s. or 3s., I should say—I paid for the policeman—I paid all expenses—I do not know whether Walls drank—I did not give the publican into custody—he was charged at Enfield with suffering the prisoners to escape, but he was brought to High-street, and discharged—the prisoners did not tell me that they had found the cheque in the street, and they thought there was no harm in getting it changed—they did out tell any body so in my hearing, that I know of—I cannot swear that they did not, because I did not take notice of half that was done.
Q. Did not Walls say, before the Magistrate, that he had gone to the banking-house in the morning for change for a cheque, and that on coming out, being both together, they picked it up on the pavement—that he did not know what it was, being no scholar, and they turned back to the same banking-house, and they said it was payable at the other bank on the other side of the square, and that they went there, got it changed, and received fourteen sovereigns and a half? A. Yes.
Cross-examined by MR. CLARKSON. Q. Was Edwards a labouring man who was driving that day for a farmer at Whitford? A. I have heard so—there was a talk at the public-house about how the men should go before the Magistrate, and Edwards offered to lend his cart for 10s., that we might go together—the prisoners did not remain there the whole two hours—I did not see that any beer was had there—we had some brandy and water—I cannot tell how many glasses—I do not know that I paid for the prisoners—it was placed on the table, and the parties drank it—I drank twice out of one glass—that was all I had—there was the landlord, the prisoners, the officer, and, I think, two other persons—I had had the cheque loose in my pocket—it is very possible I might have pulled it out.
COURT. Q. Did you state what you came for, when you got to Enfield? A. Yes—the prisoners denied it at first—Walls was brought into the parlour and examined—he had got upwards of 20/., and he said, "Would not you like to have it?"—the policeman said he had come for him and the money too—before he did that he said, "I did pick up the cheque, and we got it changed"—he then put the money into his pocket, and staid a considerable time, then there was a rush, and he ran away.
JOHN STANLEY (police-constable D 48.) I went to Enfield Highway, and found the two prisoners in the New Red Lion—I asked if Walls was there, and he came to the door of the tap-room in the passage—I asked him if his name was Walls—he said, "Yes"—I asked if he was in the banking-house in Cavendish-square—he said, "Yes"—I asked him where the man was who was with him, and he pointed out Edwards—the prosecutor then said, "These are your prisoners, take them into custody"—I called them into the parlour—the landlord and another person were there—the prosecutor then asked Walls if he had picked up a cheque—he said no, he had picked up no cheque—I then said I was an officer from London, and they must go with me—they said, "Very well"—I asked Walls what money he had about him—he said, "Do you want it?":—I said, "No, not particularly"—he said, "If you do, I am b——if you will have it"—he showed me from twenty to twenty-five sovereigns, and while he was counting them, from twelve to fifteen countrymen rushed from the tap-room into the parlour—the lights were put out, and there was a tussle—I had the two prisoners by the collar, but having so many in the room, they all got out into the passage.
COURT. Q. But did he not say where he got the money from? A.
He said the money was his own, that he received a great deal of money from Mr. Wimbush for straw—there was no more conversation as to how he came by it.
MR. ESPINASSE. Q. When Walls said he had not picked up any cheque, was Edwards present? A. Yes, he said he knew nothing about a cheque—I followed Walls round some carts, but he got away—I came to the house again—I saw Edwards go into the bar-parlour, the landlord let him in another parlour, and hearing a door shut, I supposed he went out—I said to the landlord you did wrong in letting the man out—he said he wanted to go home—we afterwards followed the prisoners to Whitford, in Hertfordshire, and took them.
Cross-examined by MR. PHILLIPS. Q. Have you now told all that passed from Walls and Edwards, on the first interview, when the prosecutor was there? A. Yes, all that I have any recollection of—they did not say that they had picked up the cheque in the street—when Walls produced the money, he asked me if I wanted it—I said, "No, not exactly"—I did not say I came for him and the money too:—I said I came for them—a few glasses of brandy and water came in—I took part of it, and the prisoners drank—I cannot say who paid for it—I was drinking for two or three minutes—it might be half an hour after we went into the house, before the prisoners left—they were talking to one another, then Walls ran away, and I went after him—while they were there, I was standing in the passage, waiting for some conveyance—the prisoner offered me a cart, but I was not going to trust myself in his cart—it is against our positive orders to drink in public-houses.
Cross-examined by MR. CLARKSOM. Q. Was the prosecutor along side of you all this time? A. He was in the room—I could not observe all he did, because several persons came in, and I was agitated—I do not know how much was paid for liquor—from what I could understand, there was some man with the publican, who called for it—I did not hear the prosecutor call for it—he handed it to me—I do not know who handed it to the prosecutor—I was against the door—I was fearful of persons rushing in—the prisoners did not laugh at me—they laughed among themselves—one of them said "If you will hire my cart you shall have it"—neither of them said that they had picked up the cheque—they denied all knowledge of it till they came to the office—I did not take the landlord into custody—I, the prosecutor, and Mr. Wiggins had him taken on a warrant.
WILLIAM WIGGINS . I am an inspector of police. I went with the policeman to Whitford—I found Edwards in a public-house in custody of Stanley—he said, "I never had the cheque"—I went the next morning to Walls's house, at half-past six o'clock—he was not up—he said he would come down directly—I waited at the corner of the lane, and he came to me—he said, "I did not present the cheque," or "I did not get cash for it"—he afterwards said he had found it, and he expected so much for finding it.
Cross-examined by MR. CLARKSON. Q. ft was at your instance that the landlord was taken? A. Yes, the Magistrate discharged him—he said the evidence of the prosecutor and the policeman were contradictory.
Cross-examined by MR. PHILLIPS. Q. Did you tell the Magistrate that Walls said he had picked it up, and expected something for finding it? A. I do not know—what I said was taken down, and read over to me—I stated all I recollected at the time—I went to Walls's house, and then
waited for him about 150 yards from his house—he came to me—he might have attempted to escape.
JOHN COOTE STRIKE . I am cashier at Sir Claude Scott's banking-house. On the 9th of April, the prosecutor came there—I saw the two prisoners there at the same time—the prosecutor left a little before them—the prisoners came in again, in two or three minutes after they had left, and Edwards offered me a cheque on the Marylebone Bank—he asked me to change it—I told him it was not on our house—I told him where to go—this is the cheque—(looking at it.)
CHARLES THETFORD . I am cashier at the Marylebone Bank. On the 9th of April I saw the prisoners about three o'clock—Walls offered me this cheque—I paid it with 14l. 10s., in gold—I saw the prosecutor about twenty-five minutes afterwards.
NOT GUILTY .
GEORGE STEER . I am an oilman, and live in Munster-street. On Saturday night, the 13th of April, the prisoner came to my shop, about a quarter past twelve o'clock, for half-an-ounce of pepper and some mustard—she turned the pieces of soap over two or three times—I saw her put one piece in her apron—she then turned them over again, and brought one piece to the scale—it weighed about half-a-pound—she said, "I will not have that, it is too heavy"—she took it back, and brought another—I asked her if she would have that—she said, "Yes"—I taxed her with having a piece in her apron—she said how dare I to accuse her of such a thing—I took hold of her and I said, "I insist on seeing what you have got in your apron, I saw you put a piece of soap in"—she said, "I have no such thing"—I opened her apron, and found it.
Prisoner's Defence. I did not have it—the prosecutor picked it off the floor.
(The prisoner received a good character.)
GUILTY . Aged 40.—Recommended to mercy.— Confined Three Days.
MR. CLARKSON offered no evidence.
NOT GUILTY .
MR. CLARKSON offered no evidence.
NOT GUILTY .
MR. CHAMBERS conducted the Prosecution.
JOSEPH HOLMES . I am a shawl dealer, in partnership with my brother, and live in Regent-street. The prisoner was our shopman for about fifteen months, and resided in the house—it was his duty to sell articles, and if he received any money to give it to the clerk at the desk—he was to enter it in his own book, and the clerk signed it for the same amount on the opposite side—I have two bills and receipts in his name—they are both
receipted in his hand-writing—I got them from Mrs. Hurst and Mrs. Stapleton—the prisoner did not account to me for 3l. 3s. on the 20th of April, nor for 10l. on the 25th—on Thursday the 25th (some gentlemen called at my shop shortly before) I asked the prisoner if he recollected the shawl which the lady had brought to exchange, which was then in the shop—he at first seemed dubious—he then said he did recollect it—I said, "This has been sold to Mrs. Hurst, and I can find no entry of it in your cheque-book"—he then looked for the entry, and could not find it—there is no entry of it—he then said he had laid the money on the desk—I said that could not be, for the cash on that day was correct—I told him he was to quit my service—he had been to Mrs. Stapleton's that day, and when he came in I counted the shawls which he brought back—there were twelve—he said he had left one on approbation at 10l., at Mrs. Stapleton's—if be had received the money it would have been his duty to have handed it over on his return.
Cross-examined by MR. CLARKSON. Q. Did you have the prisoner from Lewis and Allenby's? A. Yes, they gave him a good character—he left me on the Thursday evening—he received his wages on the Saturday following—about 10l. was then due to him—the three guineas was left, as he said he could be sure to account for it—I paid him 9l. odd—I heard, about two hours after, that Mrs. Stapleton had paid him the 10l.—I sent a clerk with the policeman, and he was found near the Elephant and Castle.
HARRIET HURST . I live in Horseferry-road. I bought a shawl at the prosecutor's, I am not quite certain on what day it was—it came home in the evening—I saw the person who brought it—I think it was the prisoner—I paid him 3l. 3s.—I did not look at the bill and receipt, but kept it, and sent it to the person I bought the shawl for.
MARGARET CHETWYNDE STAPLETON . I live in Portman-place. On the 25th of April I had some shawls to look at, from Mr. Holmes's ware-house—a young man brought them from there—I cannot recollect him—I chose one shawl, and paid 10l. for it—to the best of my belief this is the bill and receipt which was given me—(looking at it.)
WILLIAM OLIVER JAMESON . I am clerk to Mr. Holmes. I recollect the prisoner coming to me the day after he was discharged (on the Friday)—he wanted me to make a shawl returned in the book which had been entered in the day-book, as left in Portland-place on approbation.
Prisoner's Defence. I intended to pay the money—I went to my brother's to get it, and send it by his servant.
GUILTY . Aged 21.—Recommended to mercy by the Jury.— Confined Six Months.
safe about five o'clock—I received information afterwards, and missed it—this is it—(looking at it.)
RICHARD BEETON . I am a linen-draper, and live in Exmouth-street. I was at my door, speaking to a woman that evening—I saw the prisoner cross the road, with the piece of carpet on his shoulder—he went into the court opposite, and on seeing me follow him, he threw it down—I over took him about a dozen yards off—I took him and the carpet back to Mr. King's.
Prisoner. I did not throw it down. Witness. Yes, I saw it on your shoulder, and you threw it down.
GUILTY . Aged 16.— Transported for Seven Years,—Isle of Wight.
ELIZABBTH ANN CROWDER . I am the wife of Nicholas Crowder, we keep a clothes-shop on Saffron-hill. On the 3rd of May, about ten o'clock at night, I was coming home, and saw the two prisoners at my shop-window—I had a broken square of glass there—I saw Connor with her hand up to the window, trying to get a pair of shoes out—I saw one of the shoes hanging out of the broken pane—I said, "What are you about? you are after no good"—Connor said, "What do you want to accuse me of; do you want to send me away?"—they said, "Search us"—I did feel, and found nothing—they abused me very much, and said I was a false-swearing Jew b—I was about to let them go, when a neighbour called out, "There is something white hanging from one of them "Tighe then said, "Give her a drive," and they went off—I knocked at my window, and my husband and my little boy followed them—I then missed a shirt—this is it—(looking at one)—it was taken from the window—there was a piece more glass broken out.
THOMAS TRIGO (police-constable G 214.) I saw the two prisoners running—I caught Connor, and made a grasp at Tighe, but she got from me, and another person took her—this shirt dropped from her in my presence.
Tighe's Defence. I was coming by, and saw the shirt on the rails—I took it, and put it into my apron—they called "Stop thief"—I turned back with it and dropped it.
Connor's Defence. I was going home—this girl said she had got a shirt she had picked up—I know nothing about it—we were not at the window.
E. A. CROWDER re-examined. They were standing still at my window, and one had got the shoe in her hand—I had not been out ten minutes—I saw the shirt a quarter of an hour before.
TIGHE— GUILTY .* Aged 17.
CONNOR— GUILTY .* Aged 17.
Transported for Seven Years.
1515. CHARLES OTTAWAY was indicted for stealing, on the 12th of March, 1 bottle, value 1d., and half a pint of gin, value 8d., and 2 half sovereigns, the goods and monies of Charles Godland, his master.
CHARLES GODLAND . I keep the Golden Anchor public-house in St. John-street, Clerkenwell—the prisoner was my pot-boy—he left me on the 12th of March without notice—I met him the same day between 11 and 12 o'clock, beyond Sadlers' Wells, going towards Islington, and when I got home, I heard what he had had—he never returned to me—I heard him
say at Union Hall, that he had taken the gin to Margaret-street, and the parties had removed—I went and saw them in a court in Brook-street, Holborn—they said they never gave him an order to bring any gin—what they wanted they fetched.
ELEANOR M'DONALD . I assist in the prosecutor's business—on the 12th of March the prisoner came to me for change for a sovereign and half a pint of gin—I turned to the mistress, and asked her for the change—she said she had no silver, but she handed me two half sovereigns—I gave the prisoner the two half sovereigns, and the half pint of gin, and saw no more of him.
JOHN HIGHWOOD (police-constable M 102.) I took the prisoner—he at first denied his name, but a person said, "Don't deny your name"—he then said it was his name—one of the people at the station-house knew him, and said to him, "What are you here for, Charley?"—he said, "I know what it is for; for change of a sovereign; the parties made me drunk at the house; I lost a half sovereign, and did not like to go home."
GUILTY . Aged 22.— Confined Three Months.
JOSEPH HARRIS . I live in Mr. Bailey's house, No.24, Paradise-row—No.23 is unoccupied—on the 11th of April, between six and seven o'clock in the evening, I heard some person taking some lead from my house—I went to see what was the matter, and the prisoner was found on the roof—the lead had been all right at half-past six o'clock, and it was then removed—this is it.
FREDERICK BURK (police-constable K 191.) I was sent for, and found the prisoner on the roof, with the lead cut off, and folded up behind him—I asked what he was doing—he said he was doing a job—I did not find any knife on him.
GUILTY .* Aged 19.— Confined Three Months.
WILLIAM DREW . I live in High-street, Portland Town, and am a linendraper. I sell shoes—on the 15th of April I had some shoes hanging outside my door—I saw them safe about half-past eight o'clock in the evening, and about a quarter before nine o'clock I heard a scratch—I thought it was the glass being cut with a piece of flint—I went out, and a person who was coming in told me something—I looked up, and missed some shoes—I pursued the prisoners, who were together—I took Cooper with these nine pairs of shoes under his coat—the person who I supposed to be Taylor crossed over, and went down a street opposite—I brought Cooper back, and sent for a policeman—I did not see Taylor's face—but from his dress and size, I have no doubt he is the man who was with Cooper—I saw him the next day at the station-house.
of taking away the nine pain of shoes—I could not swear that Taylor was one—the prosecutor came to his door—we pursued the prisoners, and took Cooper with the shoes on him.
THOMAS COOPER . I am the uncle of the prisoner Cooper. On the 15th of April he was with me, having his supper, and Taylor came and called him out—that was from half-past eight to a quarter to nine o'clock, and in the course of ten minutes I heard that Cooper was in custody—I stated directly that Taylor must be with him.
EDWARD KELL re-examined. On the day following I went to Buckeridge-street—I saw Taylor there with several more—I said he must go with me—some of them said, "Bill, don't go"—he said, "Yes, it is about last night's work, something about some shoes"—he afterwards said he wondered he was not taken—he said I need not have handcuffed him, he knew he was wanted, and he might as well suffer first as last.
Taylor's Defence. I called Cooper out in the evening—I went to see my father—when I came out Cooper was gone.
(Cooper received a good character.)
COOPER— GUILTY . Aged 18.—Recommended to mercy by the prosecutor.— Confined One Month.
TAYLOR— NOT GUILTY .
THOMAS MARCH ANT . I am a butcher, and live at Kilburn. The prisoner was in my service in April—if he received money it was his duty to pay it to me—if he received 1l. 2s. 2 1/2 d. on the 5th of April, or 4l. 14s. 5 1/2 d. on the 8th, he has not paid them to me.
WILLIAM WELLS (police-constable S 111.) I went with the prosecutor to a public-house in Wilsden—I found the prisoner asleep in the tap-room—I awoke him, and told him he was my prisoner—after we got into the road he said, "I am done, this is all owing to bad company"—he said to his master, "Will you forgive me if I return you the money I received?"—his master said he had not acted towards him as a servant—he would consider of it.
Prisoner's Defence. I paid my mistress the 1l. 2s. 2 1/2 d.
GUILTY . Aged 18.— Confined Three Moths.
JAMES WHATLBY . I am shopman to Mr. Robinson, in Nassau-place, Commercial-road. I was at the window between four and five o'clock, on the 20th of April, and I saw the prisoners near Mr.Watts's shop—they walked from the window to the curbstone—I watched, and saw Lyon pull a sheet down from Mr.Watts's window and give it to Lewis, who was at the window—he rolled it up, put it under his arm, and was walking away—I jumped over the counter, crossed the road, and seized him—he said he had the
sheet given to him—Lyon walked away—another shopman took him, but he was not out of my sight.
Lewis. Q. Did you hang it out? A. The young man did, either on the edge of the window or on the wall.
Lyon's Defence. I saw two or three hoys round the window—this sheet was on the pavement—I took it up—I did not know it belonged to the shop.
Lewis's Defence. I was walking up and down, and this prisoner dropped the sheet—I picked it up, and was going to take it home.
LYON— GUILTY .* Aged 18.— Confined Three Months.
LEWIS— GUILTY .** Aged 22.— Confined One Year.
JAMES BARMORE . I live in Cambridge-row, Bethnal-green, and am a butcher. About a quarter past ten o'clock on the evening of the 15th of April I received information, and missed a sheep from my shop—they had been all right about twenty-five minutes before—I looked out and saw the prisoner carrying it away on his shoulders—I ran and laid hold of him—he dropped it, turned round, and struck me—I held him till Mr. Smith came to my assistance—I gave the prisoner into custody.
Prisoner. Q. Was it moonlight? A. I saw him pass by a gaslight about a hundred yards off, at the corner of John-street—he was carrying the sheep on his right shoulder—I took him by his left.
JOHN SMITH . I am a shoemaker. About twenty minutes past ten o'clock that evening I was at my door—I saw the prisoner take the sheep off a hook and put it on his right shoulder—I told the prosecutor, who went and caught him—I went after him.
Prisoner. Q. Did you not state that I took it on my left shoulder? A. No—the prosecutor was holding you when I came up—he asked me to help him.
Prisoner's Defence. Another man, who is a noted thief, threw it on my shoulder—I was rather intoxicated—he then turned back, and said he would hold me.
Prisoner. Q. Who had hold of me? A. Mr. Smith and several others were round—I cannot say that any bad character had hold of you.
GUILTY . Aged 37.— Transported for Seven Years.
Fifth Jury, before Mr. Sergeant Arabin.
1521. WILLIAM HAMBLIN was indicted for stealing, on the 6th of April, 1 gun, value 14l. 10s.; 1 punch, value 1s.; 1 screw, value 4s.; 1 turn-screw, value 1s.; 1 vice, value 2s.; 1 cleaning rod, value 2s.; and 1 gun-case, value 5s.; the goods of Richard William Jennings.
MR. PAYNE conducted the Prosecution.
Doctors'-commons. I had a gun in a case—it was kept in the entrance-hall of my house—there is is an outer door to the hall, which is fastened in the day time by a latch, and can be opened with a key from the outside—I had seen this gun last, four or five days before it was brought, to me by the gun-smith—I had seen it in my hall—it might have been there after that.
Cross-examined by MR.DOANE. Q. Four or five days elapsed from the time you last saw it? A. Yes, from the last time I recollect seeing it.
WILLIAM ROSE BARRYMORK . I am a pawnbroker, and live in Baldwin's gardens. On Saturday, the 6th of April, the prisoner came to my brother's shop, to pledge this gun—my brother refused to take it in—he took it away and came again between seven and eight o'clock the same evening—he brought the duplicate with him, and asked me to purchase it—I asked him where he got it—he said he took it of a man who owed him some money—that he made the apparatus but did not make the gun—he left the ticket with me—he came again on the Monday—I sent my brother to the pawnbroker's, and he bought the gun.
Cross-examined. Q. I believe the reason you objected to take it was, you had been deceived in guns? A. No; the boys had broken two or three of the nipples off and we said we would not take another—the prisoner was in the habit of pledging a gun once or twice a week, and redeeming it again—our shop is three quarters of a mile from Doctors'-commons—I gave him half a sovereign for the ticket.
JOSEPH NUNWICK ROZIER . I live in Turnmill-street, Clerkenwell, and am a pawnbroker. On the 6th of April, the prisoner brought this gun, to the best of my belief—he presented me with a ticket of a coat, pledged for 1l., which he wished to redeem—he wished to leave the gun for 3l., and wished me to give him the difference, which I did—I asked him if it was his own property—he said yes, that he was a dealer in birds—he bad a quantity of canaries come from some place, and wanted some money—he said the gun belonged to a friend who had been a gay man, and it had cost him nearly 40l. or 45l.—I think he said he gave 25l. for it—it is not worth 45l.—it was redeemed on the Monday following—this is the ticket, and this is another that corresponds with it.
Cross-examined. Q. The prisoner was know to you? A. Yes—he had pawned a coat.
JOSEPH HYAMS . I am a glass-cutter. I was at Mr. Barrymore's on the 9th of April—he gave me a gun to take to Mr. Reed in the City-road, to ascertain if it was a genuine one—he detained it as being stolen.
ARCHIBALD REED . I live in Fountain-place, City-road, and am a gunmaker. This gun was brought to me on the 9th of April, by Hyams—I knew it again as one I made for Mr. Jennings, and said I should detain him on suspicion of its being stolen—I took him with me to Mr. Jennings.
WILLIAM ROSE BARRYMORE re-examined. The prisoner was in the shop waiting when I sent Hyams to make inquiry, and he waited till he returned—he was waiting for the rest of the money, which I had promised him, when it was proved to be a genuine gun.
MR. DOANE called THOMAS SHELDON. I live at No.4, Harper-street, New Kent-road—I am a hair-dresser. The prisoner is a bird-fancier—I have known him some time—I was in company with him and Duff on the 6th of April—the prisoner came out of his own house, after I had bought a bird and cage of him
—we were going down Baldwin's-gardens, when we met a person who hailed the prisoner by name, and said, "Do you want to buy a gun?"—Duff was with me—the person had the gun in his arms—the prisoner said, no, what sort of a gun was it—we went into a public-house in Cross-street—I believe it is called the Hoop and Grapes—the person pulled the gun out of a rough plaid case, it was not taken to pieces—it was all together—it was a dark thing, made expressly for the gun—the prisoner looked at it, and several of the company looked at it too, and the prisoner asked Kelly what he wanted for it—(I believe the prisoner called him Kelly)—he said 5l.—the prisoner asked him to allow him to take it to the pawnbroker's, to ascertain the value—he said, "Yes, certainly"—the prisoner went to the pawnbroker's, and returned—Kelly, Duff, and I sat in the public-house—no one went out but the prisoner—he was out about five minutes—I know where Mr. Barrymore's is—there was time for him to go there—when he came back he said the pawnbroker said it was worth 3l. 10s.—he said to me privately that the pawnbroker said it was worth 5l.—that was not loud enough for Kelly to hear—be then bid 3l. 10s. for it—Kelly said he could not take that—it cost him that himself—he asked the prisoner if he would give any more—he said, "No"—another person in the company said be would give him 3l. 15s.—the prisoner then said he would give him 4l., and that was all the money he had about him—Kelly said, "Well, you shall have it—the gun itself cost me 3l. 10s. "—he pointed to the apparatus and said it was not as he bought it, he had done a great deal to it, and all he got by it was 10s.—I saw two sovereigns and some silver, how much I do not know—he said he was going to pawn the gun again, to take his coat out of pawn—I then left Duff and the prisoner at the public-house.
MR. PAYNE. Q. What are you? A. A hair-dresser, nothing else—I never bail people in the Insolvent Debtors' Court—I offered myself, but was refused—I was not told by the Judge that I had perjured myself—I was rejected, I do not know on what grounds—I was sworn and examined by Mr. Cook—I believe the name of the public-house was Hoop and Grapes—I did not know Kelly—the prisoner appeared on familiar terms with him—this was from three to five o'clock in the afternoon—I believe it was on a Saturday—I have seen the prisoner before, but he did not know where I lived—I have no place of business—I had a shop about two years ago—I have an annuity of 7s. 6d. a week from the East India Company, in whose service I was as a labourer, and my wife gets something by her industry—I swore at the Insolvent Debtors' Court that I was worth 200l., and so I am—I could sell my annuity to the Company for 245l. any day—the bird I bought of the prisoner was very bad, I took it back, and his wife told me to come here.
WILLIAM DUFF . I am a clog and patten-maker. I recommended the last witness to the prisoner on the 6th of April to buy a bird—I left the shop with them—we went out, and met a person on the road—I do not know his name, but I think I heard the name of Kelly mentioned—he asked the prisoner to buy a gun of him—it was in a kind of list case or bag—the prisoner said he did not want it—we went to have a drop of ale, and Kelly went with us with the gun—he then took the gun out—the prisoner and Kelly were talking over it—he wanted 3l. 10s. for it, and he allowed the prisoner to go to a pawnbroker to ascertain the value—he returned in a very short time, and they whispered privately together—I saw the gun change hands, and two sovereigns and some silver were paid down.
MR. PAYNE. Q. Did you know where the prisoner lived? A. Yes—I took Sheldon to him—the prisoner's wife found me, and told me to come here—I did not go before the Magistrate—the gun was in a case, rather grey and black—I cannot swear whether this is the case—I do not know who keeps the public-house.
Prisoner. The pawnbroker asked me what I thought it was worth—I said the man I had it of gave twenty-five guineas for it, and he bought the gun, and made the apparatus.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Six Months.
1522. ALFRED FRISBEE was indicted for stealing, on the 16th of April, 1 purse, value 6d.; 1 sovereign, 2 crowns, 8 half-crowns, 10 shillings, and 8 sixpences; the goods and monies of Elisabeth Trevenen, from her person.
ELIZABETH TRBVBNEN . I am single. On the 16th of April, about a quarter-past nine o'clock in the evening, I was in the Strand, near Somerset-house—I had hold of my cousin's right arm—I was inside, nearest to the houses, but we were on the outside of the pavement—I had my purse in my pocket—I know I had it safe a few minutes before, when I got out of an omnibus and paid my fare—it contained one sovereign and about 2l. 's-worth of silver—there were crowns and half-crowns, and silver of every description—I found the prisoner with his hand in my pocket, or on it—he passed by my side, and went on the same way as we did—I said, "I have lost my purse," and my cousin fixed his eye on the prisoner—I made further search, and missed my purse—we detajned the prisoner—he entreated that we would not expose him, nor call the police—my cousin took him into something of a court, and attempted to search his pockets—he found nothing—I proposed that he should undergo a further search, as the search of his waistcoat pockets would not satisfy me—he entreated us not to call a policeman—he said he held a very responsible office, and exposure in that way might be a great injury, and might perhaps ruin him—he named an individual's where he said he would go and be searched privately—he took us to the door; then he turned round and entreated us not to expose him—he then proposed to go to his lodgings—I said I could not think of going, the distance was so great—he offered to pay for a conveyance—I said my lodgings were not far, and if he would go there and be searched I should be satisfied—he agreed to go, and went on as far as Temple-bar; he then ran down an alley, and my cousin pursued him—I waited till a policeman came and told me to go to the station-house—the purse has not been found.
Cross-examined by MR. DOANE. Q. Were you always so sure about the prisoner being the person? A. Yes—I stated before the Magistrate that he passed me, and at that moment I felt his hand in my pocket—it was either inside or about my pocket, and it turned out that the pocket had been robbed—I did not say I thought he was not the person—I asserted he was the person—he admitted that he was very close to me, but had not robbed me—he was the only person that had been close to my pocket—my cousin did not say, might I not have left my purse in the omnibus—the prisoner said, had I not left it at my lodging—I had not taken it out when I paid for the omnibus—I had two shillings loose in my pocket, and I paid with one of them, but I know I had it safe as I came
out—the prisoner took me to Mr. Bailey's, in St. Clement's Church-yard, and then he objected to go in, and said, "Pray, Sir, do not expose me"—I said I lodged at Aldermanbury—I am not certain whether my cousin had talked of giving him into custody—the prisoner frequently adverted to a policeman.
TREVENAN JAMES . I am the prosecutrix's cousin. When we were opposite Somerset-house she stopped, and exclaimed she had lost her purse—I saw the prisoner at her side—she said she had felt his hand at her pocket—I kept my eye on him, and requested her to be careful about her loss, and on her assuring me that he had it, I followed him as he turned into ft court on the right—I then charged him with taking the lady's purse—he said, "You certainly must be mistaken, you may search me if you please, I am a respectable man"—I just felt the pockets of his waistcoat, and trowsers, and coat, but not being satisfied with that, I requested that he would go into some respectable house, that we might have a further search—he begged hard that we would not call a policeman, as be held a respectable situation, and being exposed in the street, would injure him very much—he then proposed that we should go to a coffee-house, near St. Clement's Church—we went to the door—he then turned round and said, "Pray, don't expose me"—he had before spoken of his lodging, but we refused to go there—my cousin proposed that he should go to her lodging, and be searched—he agreed to that, and walked on my side to Temple-bar—he then darted up a court on my left—I followed him crying, "Stop thief"—he passed, one policeman who tried to catch him, but missed him—I was close at his heels—he turned into another court—I came up with him in two or three seconds, and found him on. custody of another policeman.
Cross-examined. Q. Had you lost sight of him? A. Only at the moment that he turned away.
JOHN PIXE (police-constable F 105.) I was in Shire-lane. I heard the cry of "Stop thief"—the prisoner passed me suddenly—I pursued, and came up to him—he said, "Don't handle me so roughly, this young gentleman and I know all about it"—he was searched, and four half-crowns, a half-sovereign, and a gold ring were found on him—one of the half-crowns is a bad one.
(The prisoner received a good character.)
GUILTY . Aged 23.—Recommended to mercy by the Jury.— Confined Six Months.
JOHN BENT . I was at Paddington on the 4th of May, between two and three o'clock. I had a handkerchief, and a snuff-box—I believe they were both in the same pocket—I did not feel them taken, but I was told my pocket had been picked—I then felt, and my handkerchief and box were gone—this is my handkerchief and box—(looking at them)—I had not seen the prisoner near me.
at Paddington at half-past two o'clock—I saw the prisoner go behind the prosecutor, lift up his coat, and take this handkerchief out—he put it under his jacket, and ran up the Edgware-road—I pursued him—he threw it down on the pavement—I took it up and pursued him to John-street—I called "Stop thief"—he stopped, and I gave-him to the policeman—I sent for the prosecutor, and when we got to the station-house, the police man had got this snuff-box, which some one had picked up from an area which the prisoner had passed.
GUILTY .* Aged 18.— Transported for Ten Years.
1524. FREDERICK RAINSFORD was indicted for stealing, on the 14th of April, 1 plane, value 2s., 1 screw-driver, value 1s., and 1 chisel, value 9d. the goods of Thomas Thornton; and I saw-set, value 9d., the goods of Thomas Caton.
THOMAS THORNTON . I am a carpenter. I was at work at Bentinck terrace, Regent's-park, in an unfinished house—I left my tools in the parlour, on the 14th of April, and missed them—on the Sunday morning after I saw the prisoner in the Eyre Arms, offering the chisel find saw-set for sale, and took him.
Prisoner's Defence. I was going to Barnet, and met a man with these tools, I bought them of him.
NOT GUILTY .
GEORGE BRAY . On the 9th of May I was at Ruislip fair—I had a little drop too much, and I went to sleep for two or three hours—when I awoke the shoes were gone from my feet—I am sure when I west to sleep they were on—I saw the prisoner in the fair that day.
WILLIAM SERVANT . I am a policeman at Uxbridge. I was on duty between three and four o'clock on the morning of the 10th, and I saw the prisoner with three or four others, coming from Ruislip—I noticed the prisoner with one pair of shoes in his hand, and another on his feet—the next day information was given—I went and found the prisoner on the following Monday with these shoes on his feet.
Prisoner's Defence. I went to Ruislip fair—it came on to rain—I stopped under a hovel—a man came there and stopped till daylight—he asked me if I wanted to buy a pair of shoes, he wanted 5s. for them—I said I had but 3s. 6d.—I put them on—they fitted me very well—I gave him the 3s. 6d.
NOT GUILTY .
1526. WILLIAM NEWELL was indicted for stealing, on the 26th of April, 28lbs. weight of bay, value 1s. 6d.; 1 sack, value 2s.; and 2 bushels of a certain mixture, consisting of beans, pollard, and chaff, value 1s. 6d., the goods of John Pott, his master.
was his carter—we had suspicion, and watched in the barn on the night of the 26th of April, and about twelve o'clock the prisoner came and broke the boards down, got into the barn, took an empty sack and put the chaff, beans, and pollard mixture into it—he then told a boy who was with him to go and put it on the cart, which he did—the prisoner then took part of a truss of hay out of the window—he replaced the boards he had broken down, and was going to start off with his cart of straw—I got out and found the sack, and mixture, and hay—he had no right to take them.
Prisoner. I only took them to feed my horses on the road—I never sold any of hit property.
NOT GUILTY .
OLD COURT. Thursday, May 16th, 1839.
Second Jury, before Mr.Sergeant Arabin.
ROBERT BUCHANAN . I am foreman at the West India Docks. On the.17th of April the prisoner passed the box I was in, and I saw him go into the shed No. 3, without any thing, and come out in about two minutes with a coat over his arm—he ran—I followed, calling, "Stop him"—he dropped the coat, and was stopped by the gate—he was a stranger.
Prisoner's Defence. I went on board a ship to see a captain, and was told to come again at three o'clock—I saw this coat laying by the door—I took it up to take it to the gatekeeper—the witness called out—I turned my head and be matched it from my arm.
GUILTY . Aged 23.— Confined Six Months.
JOHN SWANN . I live with James Horwill, cheesemonger, in Moor-street, Soho. On the 14th of April the prisoner came to the shop and looked at some. bacon in the window—I missed a piece, and saw it in her basket—she went to the scale, for a piece of ham to be weighed—I told my master, but he would not believe it—I followed her out, and took the bacon from her basket—she said she knew nothing of it.
Cross-examined by MR. DOANE. Q. Where were you? A. Behind the counter—she was opposite me—I was attending to a customer.
JAMES HORWILL . I keep the shop. The prisoner bought a piece of ham for 10d.—the boy gave me information before she left—he went after her, and brought her back with the bacon—she was a customer at times.
GUILTY . Aged 48.—Recommended to mercy.— Confined Four Days.
Before Mr.Baron Parke.
1529. JOHN THOMAS CUMMINS was indicted for stealing from William Buckingham, an officer of the Post-office, 2 post letters, the property of the Right Hon. Thomas William, Earl of Litchfield, her Majesty's Postmaster-general; and another Count, for stealing 1 £10 and 2£5 bank notes, and 4 £5 promissory notes.
MESSRS. SHEPPERD, ADOLPHUS. and the HON. MR. SCARLETT conducted the Prosecution.
JOSEPH SCRIVENER . I am traveller for Messrs. Woolley and Marahalh soap-boilers, Denmark-street, St. Giles's. On the 8th of November I was at Alton, in Hampshire, and enclosed in a letter two £5 Bank of England notes, No. 9278, dated 4th October, 1837.; and No, 33959, dated 2nd March, 1838; one £10 Portsmouth branch bank, No. 9119, dated 13th October, 1837; and four £ 5 of the Winchester bank, Nos. 2873 and 2108 both dated 26th September, 1837; Nos. 4817 and 4842, dated 1st Sept., 1838—I directed the letter to Woolley and Marshall, soap-makers, St. Giles's, London, and put it in the post-office between eight and nine o'clock, in time for the evening post—I expected an acknowledgment my employers, but did, not receive any—(looking at some notes)—here are three Bank of England notes—they are the same—and here are three of the Winchester notes which I enclosed.
CHARLES BALDWIN . I am district sorter in the Inland office. A letter arriving on the 9th of November for Woolley and Co., St.Giles's, would be sorted to the St. Giles's walk—the postage of a treble letter from Alton to London would be two shillings.
WILLIAM BUCKINGHAM . In November last I was a letter-carrier in the General Post-office, for the St. Giles's district—I am now in a gentleman's service—I know the prisoner but never knew him employed in the Post-office—I met him in Charlotte-street, Bloomsbury, on the 25th of October—he came to me with an order purporting to be signed "Woolley, Marshall, and Co.," which I afterwards destroyed—it was an order to deliver to the bearer any letters which might be directed to them—I delivered him one charged 8d., the portage of Which I duly received from Woolley and Marshall—I saw him again on the 2nd of November and a like transaction took place—on the 9th of November he the again in Charlotte-street, and asked if there Were any letters directed to Woolley and Marshall—I Said I had one, and gave him a treble letter charged 2s.—I used to receive the postage from Woolley and Marshall once a-week, on Saturdays—this was Friday—I called on Saturday at Woolley and Marshall's, and I did not get the money for the letter—they said they had never received such a letter, in consequence of which I made a communication to the post-office—I never saw the prisoner again till the 12th of April, when he was in custody—when I delivered him the letter I told him I was obliged to be very careful who I delivered letters to, as there had been a person going about with forged orders from different firms, and obtaining letters from different carriers he said he hoped the person would soon be taken and brought to justice—I was discharged for delivering him this letter.
BBNJAMIN ZACHARIA WOOLLEY . I am one of firm of woolley and Marshall. We received no letter on the 9th of November from Mr.Seri vener—no letter arrived that morning by—the post—the prisoner had no authority to receive letters for our firm—I never saw him.
the firm—a stranger, in one instance brought a letter to our house, and the postage was paid to Buckingham—no letter arrived on the 9th of November.
JURY. Q. Was the prisoner the person who brought the letter? A. A person very much like him in height and appearance, but the time was so short—he did not ask for any money.
WILLIAM HUNT . I am a clerk at Barclay's. On the 10th of November I received four £ 5 Winchester notes from Gulliver, and entered the numbers in a book, which I have here—they are 2108, 2373, 4842, and 4817—I have not the dates.
ROBERT FISH . I am a clerk in the Bank of England. These three bank-notes were brought into the bank on the other of November, and paid by myself in gold—the name of "Charles Watkins, 30, Princes-street, Soho," was written on them when brought.
WILLIAM BOCKENHAM . I am employed in the Inland-office. The prisoner was formerly a letter-carrier in the office, and left about two years ago—I frequently saw him write, and am acquainted with his hand-writing—to the best of my belief, the name of Charles Watkins on these notes is in his hand-writing.
Prisoner. Q. How many times have you seen me write A. I should say some hundreds, and when I paid your wages—it was chiefly his signature, but I have seen him write on many occasions—Thomas William Earl of Litchfield is the Post-master-general.
EDWARD TURNER . I am the prisoner's brother-in-law, and am a brick-layer. On the 9th of November I was at work at the Grand Hotel, opposite the entrance of the Birmingham Railway, Euston-square—the prisoner came to me at the Drummond Arms, Drummond-street, when I was at dinner—he pressed me very hard to take a trip with him to Tring by the railway—seeing him with sovereigns, and knowing he was in bad circumstances before, (he told me he was transacting smuggling business for a person)—I declined going, saying, half a day's work was more to my family than a trip—I saw him with a bag of sovereigns—he offered to pay my half-day's work—I am not positive whether this was the 9th or not—it was on or about Lord Mayor's-day, and I believe on a Friday—on the Sunday following he called at my house, and said he had come to bid me good-bye, that he was going over to New Brazil, and that he had a situation under Government, as Superintendent of the Police—I did not see him again till he was in custody.
Prisoner, Q. Are you confident it was all sovereigns I had in the bag? A. No; but according to the bulk of the bag, I should think there were from thirty to forty sovereigns, if it was all gold—I did not see inside the bag—I judge by the chink of the money, but I saw gold in it.
MARY PENNELL . I am the wife of Simeon Pennell, of Union-street, Middlesex Hospital—the prisoner came to lodge at our house, on the 8th of September, at 4s. 6d. a week—their rent was four weeks in arrear—I asked his wife for it about the 8th of November—I had asked for it once
or twice—and on the 10th of November his wife paid me 18s., and they left—I saw no more of them—when I asked for it, about two days before it was paid, he told me he was going to the Bank.
NICHOLAS PEARSB . I am a policeman. In November last I received instruction to apprehend the prisoner—I endeavoured to do so, but did not succeed till Friday, the 12th of April, when I went with Shaw, to No.8, Richmond-place, Lisson-grove, to the first-floor back-room—I found the door locked—I knocked and called, but nobody answered—I then called "Mrs. Turner," knowing she occupied that room—the door was unlocked at last—I saw the prisoner, and asked his name—he said it was Turner, and he was the son of Mrs. Turner—Shaw—then entered the room, and called him Cummins—he said, "My name is Turner"—he was taken into custody—he said he had been to Bristol, and came up last Saturday.
Prisoner, Q. Could the door be shut close without locking? A. To the best of my belief it could—I did not observe whether there was a hasp to it.
(The prisoner put in a written defence, declaring his innocence, and that the witness was mistaken in his person,)
GUILTY . Aged 27.— Transported for Fourteen Years.
(There were two other indictments against him.)
1530. JOSEPH STANLEY , ANN EDWARDS , and MATILDA OZIER were indicted for feloniously assaulting Joseph Reynolds, on the 6th if May, putting him in fear, and taking from his person, and against his ill, 1 purse, value 3d.; 5 sovereigns, 1 £10 and 1 £5 bank-notes, and £ 5 promissory-note, his property; and immediately before, at the time of, and after the said robbery, beating, striking, and using personal Violence to him.
JOSEPH REYNOLDS . I am a farmer, and live at Harmondsworth, in Middlesex. On Monday the 6th of May, between nine and ten o'clock at Night, I went into the King's Arms public-house at Longford, kept by. William Godfrey—I went into the tap-room with him, and saw Stanley sitting behind the door, and the two female prisoners—I was sober—after a short time I had occasion to go into the yard, and while there the two women came up, one on one side, and one on the other—what they said I don't recollect, but I pushed them away, and one of them said, "Let me—old gentleman"—I said, "I don't want you"—she directly put her hands round me, and began to feel about my person, and before I could button up, the other put her arm round my neck, and said, "I will kiss you," and then we all went down together—I fell under them, and one of them directly said, "Stanley, Stanley!"—I could not call out, because that woman laid across my chest—she threw her body across my chest—somebody came and fell on my legs—I expect it was Stanley—I then felt somebody's hands in my pocket—I had a 10l. and a 5l. note, 5 sovereigns, and a country 5l. note in a red purse in my fob pocket—I felt a hand in my fob pocket, and they tore the button off that it was buttoned with—I am sure I had that money in my fob before I went into the yard—I could feel it outside—I hung to their clothes, and when they got up it pulled me up, and I saw Stanley standing close behind them—whether he pushed
them or not, I cannot say, but I was pushed down again, and they all three ran away—I directly returned to the house—I saw the two women turn to the left hand, and Stanley to the right, out of the yard into the high road—I missed my money as soon as I got up—I held my breeches up as well as I could, and ran to the house, and complained of losing my money directly to the company in the house.
Cross-examined by MR. CHAMBERS. Q. You had been drinking? A. I had in the course of the day been on business—I had been successful in a poor-rate appeal, and was rather elated at it—that was over about one or two o'clock—this was five or six miles from Godfrey's house—I went with Godfrey after the appeal was over to the Ram, and four of us had a steak cooked and dined—I did not remain drinking at all at that house—we then went to the Sessions to hear the trials there, and then returned to the public-house—I did not drink at all there—near the station-house at Drayton we had two bottles of ginger beer—there was brandy put into the ginger beer—we went to the Sun at Harmondsworth, and had 8d. worth of brandy and water among four of us—Godfrey was threatened to be fined at the Sessions-house for being drunk—I was not so bad as he was—he had not been in my company all the time—he was in and out—we did not stop at the Debourg Arms, unless that is the house by the station-house—I did not drink four glasses of brandy and water—there were four of us to drink two 8d. worths of brandy and water—that is all I had before I went to Godfrey's—Godfrey and the clerk of the parish were with me—I don't know who the other was—I had no beer—I paid for one glass of brandy and water, and Godfrey for the other—I took the money out of my pocket, not out of my fob—I had 2s. or 3s. there—I put my purse into my fob when I was going to Uxbridge, after I started from home—I took the money, because I expected I should have to pay the rate and costs—I was twice in the Sessions-house—there were a great many people there—I did not stay long—I did not take out my purse after leaving the Sessions-house—when I got to Godfrey's I went into his bar to get some cold mutton—I was not tipsy then—I was as sober as I am now—I sat down on the form, and the prisoners came and sat by the side of me—I asked for a pint of half-and-half, which was brought—I drank once out of it, and never got it again—I did not ask them to drink, nor attempt any liberties with them—I think the ostler was out in the yard with my horse, but I am not certain—Spratley offered me a glass of gin, but I did not touch a drop of it—they asked me to be half a pint of gin, but I would not—some gin was brought, but I never took any—I think Spratley gave one of the female prisoners a glass—I will swear I drank none—I said I could not drink till I had my victuals, and after that I went out, and this happened—I swear I did not attempt any liberties with the women—I went out first—I did not notice Edwards go out before me—I did not find her in the yard when I went out—I went out at the front door and round into the yard—Ozier stood in the passage leading to the front door as I went out—I did not attempt to take any liberty there—I had a whip in my hand when I was eating my victuals, and one of the women took hold of it, and I took it out of her hand—I did not see Edwards in the yard when I went out—I was not in company with her in the yard before this happened, nor with either of them, I swear that—I saw the ostler there—he did not offer the stable for our accommodation—he said something, I did not take notice what—the women were there when he
said that—it Vas while they were attacking roe—the ostler was just by the side—just as he went away they came up to me—I was doing up my clothes, and I pushed them away—directly he was gone they seized me round the waist and threw me down—he went down the yard to go round into the house, I suppose, but I did not notice—I had no conversation with them before they attacked me—the women were standing within a yard of me when the ostler came by—I was saying I did not want any thing to do with them—I said so because they took liberties with me in their discourse—I do not think the ostler saw them take liberties, because when they saw him they drew back a little—they behaved impudently to me, asked if I wanted a woman, and so on—that was when I was behind the wagon—they were saying something to me when the ostler came by, but I did not take notice what—I was robbed thirty years ago, when I had my pocket picked at the top of Ludgate-hill—I never said I lost my watch and a 5l. note—my son did not find a watch in a dunghill—he found a 5l. country note in a dunghill, and I put it into my purse to take to Uxbridge, to see what country note it was—it was in my purse when I was robbed—I had had it for a month—it was found perhaps two months ago—it was quite dirty, and stained with the dung.
Cross-examined by MR. DOANE. Q. Did the ostler say any thing to the women? A. He just spoke; I do not know what he said—he wanted to know whether we would go into the stable, and I said, "No; what the devil do you think I want to go into the stable for?" he said he was going to lock up—he then went away, leaving me and the women by the wagon—I think it was about five minutes after that that I went into the house, and complained of being robbed—I was thrown down, and when I was getting up I was pushed down backwards when I had got half-way up—when I got up I saw Stanley there, but whether it was him leaning on my legs I cannot say—I will swear he was in the yard—I saw him run out of the yard—they called for him when I was thrown down—I did not see him then, because one woman laid on the top of my chest—I saw him standing about two yards from the woman when I got up, and then I was pushed down a second time, and they ran away—the two women ran from the house, and Stanley ran by the front of the house towards London—I could see him run off—I ran out of the yard, and saw him turn up the road—that was before I went into the house to complain of being robbed, I told them the way he had run—the people directly said they knew where their bundles were.
MR.HORRY. Q. What is your age? A. I am turned sixty—the ostler was not in a situation to see any thing the females did to me, that I know of.
JOHN STEVENS . I am ostler at the King's Arms, Longford. On Monday evening, the 6th of May, there were several people in the tap-room—I saw the prisoners there in the course of the evening—I was in and out—Stanley appeared in company with the females—he was talking with them—I saw Mr. Reynolds come in, and I attended to his horse—I afterwards saw these two women, one on each side of Mr. Reynolds, in the yard—I said something to him, I cannot recollect what—he said something to me, but I did not stop—I went on, and did my duty—I returned to the house after that—the prosecutor came into the house a few minutes after, and said he had lost his money—the prisoners were then gone.
Cross-examined by MR. CHAMBERS. Q. Had you observed Reynolds in the tap-room before he went out? A. Yes—I cannot say whether he was with the female prisoners—he was near them—I do not recollect whether he was close to them—he had a pint of half-and-half—he was drinking by himself—he was not drinking with Stanley—I was not in the yard when Reynolds first came out—I went out to shut up the place—he was then standing up by the side of the wall, and the women were one on each side of him—his back was turned to the wall—he was not doing any thing to the women, nor they to him—they were standing quite still—I did not hear what they were saying—I do not recollect any thing passing about the stable—that was the only time I noticed Reynolds with the women—I was there when he and Godfrey came home—they came in a chaise—Godfrey was pretty free and lively in his conversation, a little fresh—Reynolds was not lively, he was a little fresh, but knew what he was about, I dare say.
Cross-examined by MR. DOANE. Q. You said something to Reynolds, but do not recollect what it was? A. Yes—it was a very few minutes after that that he came into the house—I went into the tap-room, and then out to look after the horse at the door—there were people in the taproom—he came into the tap-room, and began about his money directly—he said nothing about missing any body from the tap-room, that I know of—he did say he expected to find some body there, to my knowledge—he said something about Stanley being gone, but I cannot recollect what.
JURY. Q. Did you hear the women cry out for Stanley? A. No—I did not see Stanley at all in the yard—when I passed I went into the house.
JAMES SPRATLET . I keep a public-house in Longford—the three prisoners came together to my house on Sunday, the 5th of May, and all three slept there—I saw them there on Monday, and they wanted to lodge there that night, but they did not return to sleep that night—Stanley returned about ten o'clock at night with another young man, but neither of the women, and fetched his things—there were bundles of various things, a hat tied in a handkerchief, and other things—I was at Godfrey's from eight o'clock till ten that evening, and saw the prisoners and prosecutor there.
Cross-examined by MR. CHAMBERS. Q. Did you drink with Mr. Reynolds? A. Yes—we had three half-pints of gin—it went all round the room—the room was full—I paid for one, Mr. Reynolds for one, and Godfrey for one—I believe Reynolds drank some, but I am not positive—the two women were sitting by his side, and I sat by the side of them—Reynolds spoke to them—he seemed to be in pretty free conversation with them—one of the females had his whip playing with it—he appeared joking and talking with them—I did not hear him express anger at her having the whip—he seemed in good temper with them—I did not notice him go out, nor the females—I did not hear the conversation—I was not paying attention—I staid till Reynolds came back from the yard, and went home directly I heard what had happened, and Godfrey with me—I took Reynolds to be a little fresh and funny—I was there when he complained of losing his money.
Cross-examined by MR. DOANE. Q. Did you remain in the tap-room
after he and the women went out? A. Yes, and continued there till he returned and complained of being robbed.
COURT. Q. Was it after this that you saw the prisoners? A. I saw Stanley afterwards, but not the women—I heard the prosecutor charge them with being the persons who robbed him.
Q. How came you not to stop Stanley when he came to your house?
A. He did not charge Stanley with any thing, only the women—Stanley was not sitting near them—he was in another part of the room.
MR. DOANE. Q. Did Stanley come in before the women? A. Yes—he was there the greatest part of the afternoon, I think.
MR. HORRY. Q. Do you know whether Godfrey has received a subpoena for the prisoners? A. I believe he has—Stanley was there all the time Mr. Reynolds was out in the yard—he was there till after the cry-out that Reynolds had been robbed—there might be eight or ten persons in the room.
WILLIAM THOMPSON . I am one of the horse patrol at Harlington Common. On Monday, the 6th of May, I received information of this robbery, and went in search of the prisoners—I took them into custody at Richmond, in Surrey, all three together—I searched Stanley, but found no money.
(The prosecutor's deposition being ready stated, "I go up, ran into the public-house, and discovered that Stanley was gone also;" it did not mention that Stanley was in the yard, or his being called for.)
STANLEY— GUILTY .* Aged 25.
EDWRDS— GUILTY . Aged 25.
OZIER— GUILTY . Aged 21.
of robbery, without violence.— Transported for Fifteen years.
GUILTY . Aged 18.—Recommended to mercy on account of his youth, and previous good character,— DEATH recorded.
1532. WILLIAM MASON 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.
FRANCES MARTIN . I live in University-street, St. Pancras, and occupy the whole house. On the 26th of March, in consequence of information, I came into the passage, and saw a policeman there, and a man, named John Wells, in custody—I saw the witness Sweeney there—he had a pair of plated candlesticks, which were mine—I had seen them about ten minutes before in my back parlour—I had put pieces of candles into them at the time.
Cross-examined by MR. PATNE. Q. Are you single? A. Yes—I did not see the prisoner at all.
Cross-examined. Q. In what direction were you coming when you took them up? A. From Tottenham Court-road, towards Mrs. Martin's house.
JOHN EATON . I am a policeman. On the 26th of March I saw the prisoner in Tottenham Court-road, in company with Wells, about a quarter before nine o'clock—I knew him before—I saw them go down Silver-street, into Alford-street together—I then, saw Mason cross, and go to a
gentleman's house, apply something to the key-hole, and come down the steps again—the door was not opened—he went on the opposite side, and joined Wells—I followed them into Huntley-street, in company—they crossed there, one on one side, and one on the other, trying the doors as they went on—they seemed to apply a key to the key-holes—they joined each other in Sussex-street—I saw them talking together at the corner of University-street—they went up that street, on the same side as Mrs. Martin lives—I saw Wells try doors in that street, but not the prisoner—the prisoner was close behind him in that street—I saw Wells go up to Mrs. Martin's house—the prisoner was against the iron-railings—Wells tried the door, and got in, went into the house, and left the door open—the prisoner stood against the iron-railings in front of the house, and while Wells was inside, he crossed to the opposite side, and walked on three or four houses, towards Tottenham Court-road—he stopped at the corner of the street—Wells came out with a bundle—I asked what he had there—he threw the candlesticks on the pavement, and ran away—Sweeney picked them up—I tried to seize him, but could not—he was stopped in Googe-street—I followed him and saw the prisoner turn the corner, and run down the New-road—I overtook Wells, but not the prisoner—I took the prisoner on the 15th of April, in a public-house—I told him I wanted him—he tried to run out at one of the doors—there were three or four doors to the house—he was stopped, and I took him towards the station-house—I had hold of him by the collar—he said, "If you leave go of me I will walk quietly"—I said, "Very well," and he did walk quietly, till he came to George-street, St. Giles's—he was followed by a crowd—he then turned round, up with his fist, struck me in the eye,' and said, "There, you b—take that," and ran off—another officer secured him—he struck me several times, and kicked me violently, but we managed to get him to the station-house.
Cross-examined. Q. Did the prisoner run in a contrary direction to Wells? A. Yes, I ran after Wells—I was nearly opposite the house when Wells went in—the prisoner was standing at the iron-railings—he crossed over right opposite the house, stopped there a minute or two, and then went to the corner of the street—I was standing under a door-way, near to him—I do not think he saw me, or he would have run away—there is a gas-lamp right opposite Mrs. Martin's door, and I stood in the dark.
GUILTY . Aged 20.— Transported for Ten Years.
1533. JOHN CHARLES MANTON and JAMES KNOWLES were indicted for burglariously breaking and entering the dwelling-house of John Lardner, about 1 in the night of 11th of April, and stealing therein, 1 watch, value 1l.; 1 watch-key, value 6d.; 6 pence; 12 half-pence; and 2 farthings; his goods and monies.
JOHN LARDNER . I live in Bell-yard, in the Liberty of the Rolls. On the 11th of April I went to bed at a quarter past ten o'clock—I wound my watch up and hung it on a hook in my shop—the house was properly secured—I saw the front-door made fast when I went to bed—it was bolted—I got up at half-past two o'clock the next morning, and missed my watch—I saw some marks on a trap-door, leading into the cellar, about half-past five o'clock—it was a wooden trap-door—my servants say that was fast the night before, but they are not here—the marks appeared to have been made with a knife, or large chisel—I found the till in my shop broken open, and
1s. in half-pence gone—Manton had lived with me, and left about six weeks before—I went to the policeman about two o'clock in the day, and both the prisoners were taken—I had seen them both in company together, by my house, about three o'clock—I cannot tell whether there were not marks on the trap-door the night before.
MARY TAYLOR . I live with my mother, Mrs. Hayes. I know Manton—on the 12th of April he came to our house, early in the morning—he went away then, and came again between nine and ten o'clock, and asked me to go and pawn his watch, which he gave me—I pawned it at Annis's, in the Minories—he said he had had it a long time, and he had taken it out Monday before, for 5s.—I gave him the money I pawned it for.
(Property produced and sworn to.)
Manton's Defence. The prosecutor told my mother there were no marks of violence at all—at the time I lived with him the doors used never to be fastened.
MANTON— GUILTY of Stealing only. Aged 18.— Confined Eight Months.
KNOWLES— NOT GUILTY .
1534. HENRY JONES was indicted for feloniously assaulting William Harley, on the 16th of April, at St. John, at Hackney, and feloniously attempting to suffocate and strangle him, by putting, forcing, and holding a certain handkerchief into, against, upon, and over his mouth, nose, and face, and by grasping, pressing, and squeezing him upon and about his neck and throat, with intent feloniously, wilfully, and of his malice aforethought to kill and murder him.—2nd COUNT. for feloniously assaulting him with intent to rob him.
MR. PHILLIPS conducted the Prosecution.
WILLIAM HARLEY . I was a green-grocer, but have retired from business. I was in the habit of receiving the rents of small houses, which I let for the owners—the prisoner occupied No. 26, College-street, Homerton—on the 16th of April he owed me four weeks' rent—he came to my house about a quarter or twenty minutes after eight o'clock that evening—I let him in, and placed my candle on the counter—he said he was come to pay me some rent—I asked him for his book—he gave it to me—I asked him how much rent he was going to pay—he said three weeks,' which was 17s. 6d., and that he wanted change for a sovereign—I laid 2s. 6d. down on the counter—he did not take it up, but kept his hand in his pocket as I thought to pull out the sovereign—we stood opposite each other at the time, but he nestled round inside the counter, and was telling me a long tale about his labour, with Mr. Burgess, and what a little he had to support his family, and if I heard of anything better for him to let him know—he still kept his hand in his pocket, and then drew it out as I thought to lay down the sovereign—some piece of coin was no doubt under
his hand, but I could not get a glimpse of it, for before it was well down, his hand and handkerchief was up at my eyes and nose, he crammed it into my mouth, and broke out one of my teeth—I could not see, as the handkerchief was over my eyes, and partly down my mouth—I tried to call out, but could not get the least breath, or utter a word—by some means he fixed my arms, so that I could only get the use of my fingers—he still kept me in that position, my eyes blinded, and my mouth stopped—he took hold of my throat, and kept forcing me away from the counter, towards a back-kitchen, or wash-house, which is twelve feet from the counter on the same floor, but quite behind the house, away from the front-door—he got me eleven feet from where the attack began, against a door, which leads down to a kitchen below stairs—I had the presence of mind, being obliged to struggle for life, for I could not breathe, to kick against the kitchen-door, which leads down stairs, as I knew my niece was down there—I kicked against the door three times in my last struggle—he said, "It's no use, it's no use, if you make the least resistance or alarm, it shall be the worse for you"—he then griped my throat with more violence, so that I lost my breath and my senses—I lost all consciousness altogether—when I came to myself, I was lying with my hind-part in the wash-house, and my head in the shop, and the witnesses about me.
Prisoner. Q. Do you recollect calling at my house the morning before? A. I believe I did—I saw either your mother or wife, I really do not recollect which—I called for rent, and was told you would call on me—I was not sure you would come, for your wife had told me, a fortnight before, that you were coming—they told me you would come this evening to see me—I had had that answer, once or twice before—I did not state at Worship-street about my tooth being forced out, for I was hardly in my senses then, nor have I been perfectly clear ever since—I have been so hurt in my body inwardly, I have hardly been able to go out of the house—my mouth was so sore, my lips being cut so much, I hardly knew I missed my tooth at the moment—I swear you did not lay a sovereign down on the counter—I saw no sovereign—I never said I saw one—I said you attempted to lay down a sovereign, and it proved there was no sovereign to be found—I never said you laid one down.
ELEANOR PRECIOUS . I am the prosecutor's niece. On the night of the 16th of April I was in the kitchen, and I heard a great scuffling in the shop, and afterwards three very loud kicks at the door, which aroused me—I opened the window, got into the area, and called "Murder"—two officers came to me—I told them they were murdering my uncle, and to break the door open, or he would be gone—they broke it open, and when they came into the house I went up stairs—I found them helping my uncle, who was in a state of insensibility, bleeding at his nose and mouth—I afterwards went to sit on a chair in the shop, and found a large hammer which did not belong to the shop—I had never seen it before—the prisoner was there at the time—I asked, in his presence, who owned it, but no one owned it—nobody had left the house—my uncle came to his senses at last, when they got him into the parlour—the prisoner was in the parlour—somebody asked my uncle what had happened—the prisoner stood before me—my uncle said, "Oh, that Jones," and then related what he had done to him—he said he had stopped his mouth with a handkerchief, and dragged him to the wash-house-door—the prisoner said, "Oh, Mr. Harlcy, don't accuse me of that, it is a serious charge"—he was taken into custody—the officer has
the hammer—I had seen the place where I found it about twenty minutes before, and there was no hammer there then.
Prisoner. Q. During the noise you heard, were the kicks against the door or on the floor? A. Against the door, and, I heard a strangling noise—I heard nobody call me—I heard my uncle say, you said you had brought a sovereign, and wished for change—I did not hear him say he saw it on the counter—when I came up stairs my uncle was a very few steps from the door—there were several persons with him—Mr. Etheridge had hold of him on one side—I cannot recollect who had hold of his other side—he was being led along, as if he could not walk—he was insensible.
GEORGE THOMAS ETHERIDGE . I am a cabinet-maker and parish constable. On the 16th of April my attention was arrested by Precious—I went to Mr. Harley's house with Tomalin, my brother officer—I broke the door open—the shop was in darkness—a light was brought instantly, and I found Mr. Harley in the back part of the shop, near the kitchen, on the ground, and the prisoner leaning over him—there was a small laceration on his forehead, and his nose and mouth were bleeding likewise—he was not in his senses—I turned Jones round, and said, "What is all this?"—he said, "Mr. Harley is in a fit"—I said, "Let us get him up"—he assisted me to get him up—we got him up—a number of people came to his assistance—when he came to his senses he said, "It is that Jones," and shook his head—he was not sensible at the moment, but when he came to himself he said, in Jones's presence, what had happened to him—the prisoner said, "Mind what you say, Mr. Harley, this is a serious charge"—the prisoner was searched in my pretence, at his own request—I found no sovereign—I searched the shop carefully, and the counter, but found no sovereign—I found two shillings and a sixpence on the counter, and one shilling in the back kitchen.
Prisoner. Q. You state I was leaning over the prosecutor—what was I doing? A. In the act of lifting him up, you said, "Don't you know me?" I said, "Yes, I do"—you said, "My name is Jones"—I think I asked what was the matter, and you said Mr. Harley was in a fit—you assisted me in raising him from the ground—I think I was in the shop when the police-man examined the prosecutor's neck, which he did in the parlour, but am not positive, and do not know the result—the prosecutor walked from the spot where I first saw him—when he came into the shop he came to his senses—I did not state at Worship-street that he was carried in a state of insensibility.
JOSEPH TOMALIN . I accompanied Etheridge to Mr. Harley's house—Etheridge broke the door open—I followed him in—I found the prosecutor lying on his back in the back kitchen adjoining the shop—his forehead was grazed, the skin off, and he was bleeding at the nose and mouth—I helped him up—the prisoner was standing in a stooping position when we went in—Etheridge said, "Halloo, what is all this about?"—the prisoner turned round, and said, "You know me—my name is Jones"—I said, "What is the matter with Mr. Harley?"—he said, "He has fallen down in a fit."
Prisoner, Q. Were you present when the policeman examined Mr. Harley's throat? A. Yes—I did not see any marks of violence on his throat—I heard Mr. Harley describe the way you used him—he said you forced your knuckles into his throat—I was not near enough to distinguish whether there were any marks—I stood in the shop—part of the examination was in the shop, and part in the back place—I cannot say how long the door continued open after it was forced open, I suppose some time—
nobody went out, to my knowledge—I cannot say whether every body who entered remained in the shop—I was by the door most of the time, and saw nobody go out—there was nothing to hinder any body from going out—there was some blood from the prosecutor's forehead, some from his nose, and some from his lips—I should rather say the mark on the forehead was from a fall—I heard him say you came on purpose to pay three weeks' rent, and he thought you were going to tender him a sovereign—he said you put down a piece of money of some description, he did not know what—he heard the money jink on the counter—he did not say it was a sovereign.
JOHN AYRES . I am a policeman. My attention was attracted to Mr. Harley's house on the 16th of April, and J took the prisoner into custody—I saw a hammer after it was found, and have it here, also the rent-book, and a handkerchief, which I found on the prisoner—I found no sovereign at all—I examined the prosecutor's throat, but saw no marks of fingers on it.
Prisoner. Q. Were you present when he related what had happened? A. I was present when he began to make a statement—he said that you laid down a sovereign, but he afterwards said he supposed it was a sovereign—Etheridge said he found a shilling, and I believe that caused a suspicion that that was introduced for the sovereign—he appeared to have no doubt, when he first spoke, of its being a sovereign—there was a graze on his forehead, and his head and lips were bleeding—I saw no blood from his nose, but I do not know what might have been previous to my coming in—he was just being led into the parlour when I came in—there were no marks of blood on the handkerchief, that I know of—it is a red handkerchief.
MR. PHILLIPS. Q. Had Mr. Harley a cravat on his neck? A. It was pulled off just before I came in, whatever he had on—I have known the prisoner a length of time.
CHARLES HORTON PULLEY . I am a solicitor—I know Mr. Grove, the Magistrate of Worship-street—I have seen him write repeatedly—this is his handwriting to this examination—(read)—the prisoner says, "I went to the prosecutor's house last night at a little after eight o'clock, to pay him some rent—I told him I wanted to pay 17s. 6d. for three weeks' rent; I told him to give me half-a-crown, which he put on the counter—I put a sovereign down—he then said, 'O my God!' and stumbled over the counter—I tried to catch him, but in so doing we both went down together—I kicked with my feet for assistance, and on doing so I heard the door burst open."
Prisoner's Defence. On the night in question I went to the prosecutor's house about a quarter before eight o'clock—the door was opened by the prosecutor, who desired me to walk in, and he shut the door after me—I told him I had come to pay three weeks' rent—he asked for the rent-book, which I gave him, and he entered the sum in it—I took a sovereign from my waistcoat pocket, and laid it on the counter—when he had done writing in the book he gave it me back—we then entered into conversation, which was by my requesting him, should he hear of a better situation than I had, to let me know—he said he would, if he heard of anything—I thanked him and said, "If you give me 2s. 6d. it will make it right"—he put his hand into his pocket, took out 3s. 6d., and laid 2s. 6d. on the counter—before I had time to take the money up I saw him raise one hand to the pit of his stomach and exclaim. "O my God!"—he seemed to stagger, as if about to fall—I moved to the end of the counter, and as he was falling caught him in my arms—his weight being too much for me we both fell together—I
was well aware his niece was living with him, and called to her, and at the same time stamped on the floor—this I did while I was wiping the spittle from his mouth, as he was foaming—I was raising him up, and at that time the candle went out, the door was burst open, and Etheridge ran up exclaiming, "What is the matter? who are you?"—I turned round and replied, "Why, it's me"—he said, "Who are you?"—I said, "Why, Jones, you know me very well"—he said, "Is that you, Jones? what is the matter?"—I said, "Why, Mr. Harley is in a fit"—the witness took hold of one arm, while I did the other—the prosecutor being raised on his legs, looked wildly round for some seconds—there were not less than twenty or thirty people in the shop—he walked into the side-parlour with assistance—he was not carried in in a state of insensibility—we seated him in a chair, and after the lapse of about ten minutes, to my surprise he accused me of having ill-treated him—among those who came into the shop was the, policeman, who took me into custody—I requested him, in presence of several in the shop, to examine the prosecutor's neck, which he did, but could not perceive the least mark or sign of violence—had I used the force by driving my knuckles into his throat, as he stated, surely some marks would have been left, but there were none—one of the persons in the shop said,"Here is half-a-crown on the counter," and Mr. Newell, who was present, inquired of the prosecutor what had become of the sovereign which he had stated in the presence of several I had laid down on the counter—he replied he had not got the sovereign—he searched his pockets, but could not find any sovereign—a general search was made by a dozen persons in and about the shop, but the sovereign was not to be found—now, full twenty minutes had elapsed before this search, during which time the shop had been full of persons going in and out, any one of whom might easily have taken the sovereign—somebody present insinuated that perhaps I had taken the sovereign up again—I requested the policeman to search me—he said if I wished it he would—he did so, assisted by another policeman who had arrived, but they found no money on me, the sovereign in question being the only coin I had left home with, and that was brought to pay my rent—the prosecutor had called at my house on Monday morning for the rent, and my wife had told him I would call on Tuesday evening and pay him—he was well aware I was coming—the graze on the forehead I can only account for by the fall, but the blood from his lips was occasioned by his biting them, when on the ground—I deny any blood coming from his nose—they also state he was carried in a state of insensibility from where they first saw him to the little room—this is wrong—he walked merely by the assistance of myself and Etheridge, having hold of an arm each—as to the hammer, I solemnly declare I know nothing whatever about it—it does not belong to me, and never was in my possession—had it belonged to me I had the opportunity of putting it away, as I was not given in charge for at least a quarter of an hour or twenty minutes, during which time the door remained open for anybody to enter or go out—I could have gone away entirely if inclined, but relying on my innocence I certainly rendered all die assistance I could to the prosecutor—I solemnly declare I never used the least violence to him—I am utterly at a loss to account for his statement to-day, which is untrue.
a black silk one over it—he got hold of the handkerchiefs and squeezed them up together with my throat.
Q. Then he did not put his knuckles to your neck? A. He just got them inside once, but then got them out, and drew the handkerchiefs together—my neck was never examined—I never had the handkerchiefs pulled off at all to examine my neck—they were not pulled down at all to examine it—the policeman did not examine my neck.
JOHN AYRES re-examined. I did not see his neck handkerchief taken off—I took the candle, and his collar was pulled down—Mr. Harley might not recollect it at the moment, he being so frightened and alarmed, but I certainly did examine it, and that by the request of the prisoner.
GUILTY . Aged 36.—On the First Count.— Transported for Life.
First Jury, before Mr. Recorder.
1535. JOHN ALLEN was indicted for feloniously assaulting Thomas Bryan, on the 28th of April, and stabbing, cutting, and wounding him in his back, with intent to maim and disable him.—2nd COUNT. stating his intent to be to do him some grievous bodily harm.
THOMAS BRYAN . I am a corn porter, and live in New Gravel-lane. On Sunday, the 28th of April, I was intoxicated—I had been to different houses—the last I recollect being in was the Blue Anchor—when I came to myself next morning, I was at the London Hospital, and had a wound in my back—I was discharged from the hospital last Saturday week—I do not think the wound was deep or serious.
CATHERINE CARR . I am the wife of James Carr, and live in Twine-court. I heard a quarrel at Mrs. Griffith's lodging-house nearly opposite my house, about three o'clock on Monday morning, the 29th of April, before daylight—I saw the prisoner run out of Mrs. Griffith's, and he said as he came out, by the H—G—he would stick the b—knife in the b—soldier's guts—I saw a soldier come out of the same house just after he said those words, and Bryan came out after the soldier—the soldier turned back-again into the house, and Bryan stood talking to the prisoner—they were swearing at each other, but I can't say what it was—the prisoner drew the knife from his side, and pointed it at Bryan, who ran away, and the prisoner after him eight or nine yards—I saw them together, but I could not see whether he stabbed him, I was not close enough—as Bryan came back he said he was either stabbed or cut, I cannot say which—that was as the policeman was leading him back to Mrs. Griffith's house.
JANE GRIFFITH . I am the wife of Michael Griffith, and live in Gray's Buildings. On Sunday night, the 28th of April, Bryan came to my house about one o'clock—he was in liquor—I first met him in Ratcliffe Highway, when I went out for a pot of beer—a soldier came in about a quarter of an hour afterwards—I was not there at the commencement of the quarrel—the boy came and told me there was a row at home—I went home, and found the window broken—I thought it might have been Allen's fault—he said the soldier should not be there, and I said he should be there
—Allen and I got to words together—I told him he was not my husband, and he should go about his business, and take all belonging to him—he took his knife out of the drawer, and said there was nothing belonging to him but his knife—he put it into the sheath—he uses it when he works in the docks—he is a rigger, and always carries it with him—he then went away—he returned again, and said he wanted his handkerchief, which I gave him—he and I got to words again—he called me a very bad name, and I called him the same—Bryan then interfered, and asked what brought him back there again, and he struck the prisoner over the eye and cut him, on seeing him contradict me—they then got fighting together, and got out into she court—the prosecutor said to him, "I don't care for you nor your b—knife"—the soldier then came out, and I told him to hold the prisoner down, as he had got a knife, till I took it from him—the soldier and Bryan held him down, and I took the knife from the sheath and gave it to Margaret Downey—in the mean time Bryan struck the prisoner while he was down—they then got up, and the soldier, Bryan, and the prisoner were fighting together—the policeman came and found Allen holding his hand in the prosecutor's neck handkerchief at his throat, and I left them together—(the soldier remained there all night)—Bryan had gone out directly Allen returned to ask for his handkerchief, and he did not return till the policeman came—Bryan must have received the stab before, the policeman came up, if he was stabbed—the fighting was out of doors—they got fighting, and the soldier came out—I did not hear the prisoner say he would stick the soldier—I was not out of doors at that time—when the prisoner came back for his handkerchief, he and I got to words, and he attempted to strike at me with his fist—that was before Bryan had struck him, and then Bryan struck him in the eye with his fist, and cut his eye—the prisoner was just getting outside the door at the time—he was just outside the step of the door when Bryan struck him—I saw him run after Bryan—that was immediately after Bryan had struck him—I told Bryan he had a knife about him, and to keep away from him—Bryan did not complain of his back till he came in-doors afterwards—I and the police-man turned up his coat, and observed blood—the cut went through his coat and shirt—I sent my little boy for a constable, but a policeman came directly, I believe he met him—Bryan must have been cut before I took the knife from the prisoner, but I did not know it—I was sober—the men were all three in liquor.
MARGARET DOWNEY . I live in Twine-court. I saw the quarrel between Bryan and the soldier at Mrs. Griffiths's—it was about their country, the different parts they came from—they were drunk—I parted them—the prisoner came to the door, but did not go in-doors—I said to the prisoner, "John, go in and part them"—he said bad luck to him if he would go in at all—he went away—I saw him a few minutes afterwards outside the door with Bryan and the soldier—when Bryan and the soldier fought in-doors at Griffith's, Mrs. Griffith was out—about half an hour after that the soldier and Bryan were holding the prisoner down, and Mrs. Griffith gave me the prisoner's knife—I gave it to the policeman.
WILLIAM GRIFFITH . I am eleven years old next February, and live with my mother. I remember Bryan and the soldier being there on Sunday night—Bryan struck the soldier, and the soldier struck him again—the prisoner came in and tried to part them, and they both struck him—I went to fetch my mother—when I came back I found my mother and the prisoner quarrelling—she told him to go about his business—he took his
knife, put it into his sheath, and went out—he came back in a few minutes, and said he wanted his handkerchief—Bryan then came out and struck him over the eye, and cut his eye open—he struck Bryan again—he had done nothing to Bryan before—I heard Bryan say, "I don't care for your b—y knife," and he struck him again—this was at the door—the prisoner was outside—he struck Bryan again—Bryan ran up the court, and the prisoner after him—Bryan afterwards came back with a police-man—he did not appear to be wounded then—I was not there when they looked at his back—my mother was not come home, and I went after her.
REUBEN WEBB (police-constable K 171.) I heard a scuffle in Twine-court between one and two o'clock in the morning—I went to the spot, and found the prisoner had got Bryan by the neckcloth, twisting him round, and striking him over the head—I laid hold of the prisoner, and he loosened his hold of Bryan—when Bryan came to he said he was cut in his back—I took him to the London Hospital—I found he had a cut in his back—Downey gave me the knife.
JOHN SMITH . I am house-surgeon at the London Hospital. Bryan was brought there about four o'clock in the morning of the 29th of April—I examined him, and found a wound in his back between the two shoulders, such as the knife produced would have made—it was about half an inch deep, and three-quarters of an inch wide—it appeared to have been bleeding, but was not then—he remained there till the following Saturday—the wound was then considered sufficiently well to discharge him—it was not dangerous at any time—it was about an inch from the spine.
(The prisoner put in a written defence, stating that Bryan and a soldier had quarrelled in his room; that he tried to separate them, upon which they both struck him, and he left the house to fetch Mrs. Griffith, who desired him to leave the house, which he did, taking his knife; and on returning for his handkerchief, Griffith struck him; he was forced out of the house, when they all attacked him, but he could not tell how the prosecutor got wounded.)
NOT GUILTY .
1536. JAMES KEAN was indicted for stealing, on the 8th of March, at St. Ann, Westminster, 1 pair of boots, value 10s.; 2 coats, value 5l.; 2 waistcoats, value 1l. 15s.; 2 shirts, value 10s.; 1 handkerchief, value 1s.; 1 printed book, value 5s.; 1 watch, value 2l.; and 1 sovereign; the goods and monies of Colin Fraser: and 1 shawl, value 16s.; 1 handkerchief, value 2s.; and 1 hat, value 1l.; the goods of Samuel Dods; in the dwelling-house of William Temple.
MR. BALLANTINE conducted the Prosecution.
SARAH DODS . I am the wife of Samuel Dods, and live in Grafton-street, Soho, in the parish of St. Ann, Westminster—it is the house of William Temple, he lives there. On the 7th of March the prisoner came to take a lodging—I let him have part of a bed in which Colin Fraser slept—he went up to the room about eleven o'clock—I let him in—Frazer was in bed at that time—next morning, at a quarter to nine o'clock, the prisoner called to know the time, which I told him—I heard him go out soon after—I did not see him—he was to pay for the room on the Saturday night, for half a week, and then he was to take it weekly—he did not return—I went into his room, and found a pair of old boots, an old coat, a hat, two old handkerchiefs, and a chisel, left behind—in the evening I found a box
broken open, and missed things from it of mine, and some of Frazer's—the value of my articles was 1l.—I had seen them the night before.
Prisoner. Q. Had I any bundle when I went out? A. I understand so, not' a very large one—I did not think it strange you should leave things behind—I thought as you brought a bundle in with you, you had a change of things.
COLIN FRASER . I am a tailor, and lodge at Mr. Dod's. On the 7th of March the prisoner slept with me—I got up about half-past seven o'clock in the morning, and left him in bed—when I got home at night I saw a pair of strange boots—I then looked for my own boots, and they were gone—I then went to my box, and found it broken open, and missed the articles stated as mine, worth upwards of 12l.
ELIZA SMITH . I live in Castle-court, Strand. The prisoner was in the habit of visiting me—about two months ago he gave me a piece of silk, a silk dress, and a brooch—he said he got them at a sale—I kept the dress by me some time, and then sent Allison to pawn it at Mr. Wassell's—she gave me the duplicate, which I afterwards gave to Shackell, with the brooch, and duplicate of the piece of silk, which my servant had also pawned—I did not live with the prisoner—he brought the things, and made me a present of them.
Prisoner. Q. How long is it ago that I gave her the dress? A. I think it was at the beginning of March—I cannot say when you gave her the brooch—you brought it, and stuck it in her bosom on-the stairs, and said you had bought it, and made her a present of it.
ALBERT EVANS WASSELL . I am in the employ of my father, a pawn-broker, in Picket-street, Strand. I produce a silk gown pawned by Alison, on the 14th of March, for 3s., and a piece of silk pawned by Williams, on the 18th of April—the duplicates produced are what I gave for them.
JAMES GREEN . I am a musician, and live at the White Hart Clement's-lane. The prisoner was in the habit of frequenting the White Hart—I lent him 8d. about three months ago on some duplicates, which I gave to the officer—here are five of them—I did not buy them—I can only identify two of them, which are for a coat and handkerchief.
HENRY HALES . I am in the employ of Mr. Hodges, a pawnbroker, in Drury-lane. I produce a coat pawned on the 27th of March, for 12s., in the name of Curtis, No. 22, Stanhope-street, I cannot tell who by—the duplicate produced by Shackell is a counterpart of mine.
Prisoner. Q. What quantity of silk is there? A. About a yard—I
know all the articles—the gown was made for nursing—I have had the brooch eight years—the hat is new, and cost 23s.
COLIN FRASER re-examined. This coat and these boots are mine, and are part of what I lost—I have not found my watch—I lost all my things at the same time—they were worth 8l., and I lost a sovereign—I lost every thing I had got in the world.
Prisoner. Q. How do you know the coat? A. I made it myself—the boots have been repaired and worn since I lost them—there is a cut in the upper leather which I recollect.
Prisoner's Defence. The prosecutrix says I took the lodgings on the 7th of March, but I know nothing of her or her house—I bought the gown at Machin and Debenham's sale rooms, about the 20th of February—the brooch at Solomon's, a jeweller in the Strand for 4s. 6d., on the 27th of February, and the coat at Machin and Debenham's on the 27th of February, for 1l. 7s. 6d.—I took the gown out of pawn thirteen months ago in Great Russell-street—the boots I had on the 3rd of November—I had pawned a pair of boots at Wassell's for 3s., I went to take them out, they could not find them, and gave me that pair by mistake—as to the other property, I know nothing about it.
GUILTY . Aged 22.— Transported for Ten Years.
(There were three other indictments against the prisoner.)
THOMAS HAWKINS . I am a sawyer, and live in Old-street-road. On the 15th of April I was at the Roebuck public-house in Cannon-street-road, with some shipmates—the prisoner and his father were there—Webster and the prisoner's father quarrelled—I did not join in the quarrel—Mr. Living came and struck me—Webster and the prisoner's father got to fighting—I was near the fire—I did not quarrel with his father, but be came up and struck me two or three times—I do not know that I had spoken to him—I stood between them and the fire to keep them from falling into the fire when they were squabbling—I was not going to strike the prisoner's father—the father struck me two or three times—I then endeavoured to strike him, and the prisoner said he would run a knife into the first person that offered to touch his father—I then gave the prisoner a slap in the face with my open hand, and said if he talked like that I would put him out of the room—I did not say if he did not get out of the room I would serve him worse—(looking at his deposition)—this is my mark—it was read over to me—what I said then was true.
Q. Did you not tell the boy then, after slapping his face, if he did not get out of the room you would serve him worse? A. I told him I would put him out, not that I would serve him worse—he then ran the knife into me—I do not know whether he did it on purpose—I did not run on the knife—he ran at me, and ran away when he had done it—I remained at the public-house, and had some beer, and then went home—I did not feel any inconvenience from the wound for five or ten minutes, when I got up I felt stiff—I left about half-past ten o'clock to go home—next morning I was faint from loss of blood, and could not move myself in bed, and there was a good deal of blood in my clothes, and in my shoes—a doctor was sent for—I stopped at the public-house, thinking the prisoner would
come in again, and t would give him in charge, but be did not come in—he was pot-boy at the house.
Prisoner. He did not go away till after eleven o'clock—he staid there to fight a man named Emmett. Witness. Yes I did, after I was struck—I dare say the exertion might have made the wound much worse, but I did not consider that just then—I did not think I was hurt much.
Prisoner. He was quarrelling with my father all the week, five of them all together—he got up and offered to fight my father before this occurred, and a man was striking my father—the prosecutor got up to take that man's part, and my father says he struck him. Witness. I did not take the other man's part—I had not quarrelled with his father for several days, nor had I offered to fight him—I never spoke to the man above once that week.
GEORGE GIFFORD . I am a sawyer, and live in George-street, Brick-lane. I was at the Roebuck public-house in company with Hawkins—the prisoner and his father were there—Webster, my shopmate, and the prisoner's father began to fight—Hawkins stood against the fire-place, and the prisoner's father I struck him for preventing Webster from going against the fire-place—he was not assisting him—the prisoner's father struck Hawkins twice or thrice, and Hawkins returned the blow—the prisoner said he would stick a knife into the first man that struck his father again—there were two or three quarrelling with the father—Hawkins gave the prisoner a sharp slap on the side of the head with his open hand, and tent him staggering against the side of the tap-room—the prisoner then made a push towards him—I did not see any thing in his hand, nor did I know he was stabbed, but he made a push with his hand, and I heard a snap like the spring of a knife—I had seen him draw his hand from his pocket previously—the landlord was standing between him and Hawkins—the prisoner stooped, and made a push between the other people, struck at Hawkins, arid ran out—I saw no more of him till he was at the office—Hawkins did not complain till about half an hour after—be opened his trowsers, and I saw the wound—it bled very profusely—he remained there about an hour and a half—I walked as far as Spitalfields chapel with him—he complained of difficulty in walking.
Prisoner. I was on my knees—I did not make a push at the man. Witness. He was stooping down, whether he was on his knees I cannot say.
PETER G. I keep the Roebuck public-house. The prisoner is my pot-boy—Hawkins was there on the 15th of April—there was a fight in the tap-room between the prisoner's father and Webster—I caught hold of the prisoner's father, and put him down, to end the fight—Hawkins told the prisoner that he had been striking him (Hawkins) while he was down, land he struck the boy for taking part against him, and immediately after he struck him the prisoner came right across me, and struck Hawkins, but what with I cannot tell—I did not hear what the prisoner said—he ran away directly—Hawkins did not make any thing of it at first—indeed it was not known for some time—I advised him to go home, but he did Hot—he stopped about an hour and a half—he had drank enough—I drew two quarts of beer after this happened.
what tempted him to stick the man with a knife—he said there was a quarrel, and Hawkins struck him two slaps on the head, that he had a knife in his hand, but he had no recollection of using it.
WILLIAM BAIRD . I am a surgeon, and live at Kingsland. I was called on to attend Hawkins, on the morning of the 16th of April—he was in a state of great danger, I considered at that time—he had a small wound in the right side of the belly, about an inch deep—there was intense pain all over the right side of the belly, in the lower part, with great tension, and some degree of swelling, and all the symptoms of inflammation of the peritoneum—the wound had not penetrated the cavity of the abdomen—it extended obliquely downward nearly an inch—the size of the wound would not be increased by any subsequent exertion, but the symptoms of inflammation might—walking home might increase it—fighting would do it—I considered him in danger for five or six days.
Prisoner's Defence. These men were on my father all the night—Webster came up to fight him, and Hawkins with him, and was taking his part—Hawkins wanted to fight my father, and Webster too—Hawkins struck me on the head, and I hit him in my own defence—whether I struck him with the knife I cannot say.
GUILTY on the second Count. Aged 16.— Confined Six Months.
JAMES HUBERT COOK . I am a poulterer, and live in Holborn. I took the prisoner into my employ about a week before Christmas—he had a bad hand—I endeavoured to get him into the hospital—I have another shop in Red Lion-street—he was sent there occasionally to do jobs—I sect him there on the 12th of April, and in consequence of something I heard afterwards, I went in search of him to the Great Western Railway—I did not find him—I lost money from the till in Red Lion-street—it is a dwelling-house—I let it out in lodgings—I do not live in it myself—my servant sleeps there—I had no character with the prisoner.
WILLIAM DORSETT . I am servant to Mr. Cook. I was in the shop in Red Lion-street on the 12th of April, and received a bill for my master of 5l. 6s. 4d.—I received five sovereigns, three half-crowns, and put the money into the till, where there was 10s. 2d.—in the afternoon, soon after one o'clock, I went out of the shop into the stable to the horse, leaving the prisoner in the shop—I returned in two or three minutes, and the prisoner was gone—I looked into the till, and there was nothing left but three sixpences, and a halfpenny—I went to the Birmingham Railway, and found the prisoner in a carriage in the train.
JOHN WILKINSON . I am a constable of the London and Birmingham Railway. The prisoner was given into my custody on the 12th,'about two o'clock—I found on him four sovereigns, one half-crown, and 4s. 4 1/2 d. in copper money—he had paid for his fare to Birmingham, as he had got his ticket—I said to him, "You have made a bad job of it"—he said he had, he hoped his master would not prosecute him, and the reason he did it was, his master was going to discharge him on Saturday, and he thought he would go to Birmingham to get a job.
GUILTY . Aged 16.— Confined Six Months.
NEW COURT.—Thursday, May 16th, 1839.
Fifth Jury, before Mr. Common Sergeant.
JAMES STARKEY . I live at Vincent-street, and am clerk to Mr. Thomas Jackson. The prisoner was in his employ as a carpenter's labourer—on the 22nd of April I gave him a note sealed up with an order to Mr. Jones to send me 5l. back by him for Mr. Jackson—he did not return—I saw no more of him till he was taken.
JOHN JONES . I am clerk to Mr. Jackson. The prisoner brought me the note from Mr. Starkey—I put up 5l. in a piece of writing-paper, sealed it up, and directed it to Mr. Starkey—I told the prisoner to make haste buck with it.
Prisoner. I would have settled it with my master if he would have taken ten shillings a-week—I was tipsy, and whether I had it stolen or lost it I am not able to say.
(The prisoner received a good character.)
GUILTY . Aged 40.— Confined Nine Months.
GEORGE ANDERSON . I am a pork-butcher, and live in Whitechapel-road. The prisoner was in my employ a short time—I discharged him because I wanted a larger boy—he came again to assist me on Saturday the 13th of April, and as I was about discharging him he stooped to pick up something, and I saw some savoloys projecting from a hole in his smockfrock—I then found fifteen more round his body and over his arms—I am confident they were mine—I gave him in charge—the officer found the tripe in his bosom.
(The prisoner received a good character, and the prosecutor promised still to employ him.)
GUILTY . Aged 15.— Confined Five Days, and Whipped.
MR. CHAMBERS conducted the Prosecution.
JOHN ROSE . I am a grocer and tea-dealer. I have a shop in Shoreditch, and on Saturday the 13th of April I opened another shop in Whitechapel-road—I hired the prisoner to be one of my shop men for that day—it was
his duty to serve the customers, take money, and put the silver in the silver till, and the gold in the gold till, which were at different parts of the counter—the gold till was about five feet and a half from where he stood—between nine and ten o'clock that evening he was in the shop serving, and I was at the end of the counter, about six yards from him—there was no one between me and him—I saw a half-sovereign put down for goods—he gave the change from the till opposite where he was—I saw him take up the half-sovereign and put it to his mouth—I saw it in his hand distinctly—he was five feet and a half from the gold till—it was on the same side of the counter as he was, and between me and him—he never went to the gold till—he never moved, I am quite sure he could not reach the gold till from where he stood—I cannot say that I saw his hand come down from his mouth without the half-sovereign, but I saw his tongue move after his hand left his mouth, as if he were putting something on one side—he had just began to serve another customer—I went and took hold of him and told him I wanted him—I charged him with taking a half-sovereign and putting it into his month—he said I was mistaken—I took him to the end of the shop and sent out for the policeman—I kept the prisoner in sight till he was searched—I saw his mouth opened—there was nothing in it—I saw his pockets searched, and three sovereigns, three half-sovereigns, and some silver was found on him.
Cross-examined by MR. ESPINASSE Q. Were there other persons in the shop? A. Yes, thirty or forty—there were four or five other shop men in the shop—I was on the left of the prisoner—there were two other shopmen between him and the gold till—I do not know where the others were—I was not behind the counter, I was at the end—I do not know that I told the Magistrate that there were two shopmen between the prisoner and the gold till—I said there were thirty or forty people in the shop, and said the prisoner put the half-sovereign into his mouth—I should say he did, for he had it not in his hand when I took him, and I saw his hand go to his mouth—I charged him with putting it into his mouth—he opened his mouth when the policeman came, not before—there were some half-sovereigns in the gold till, I cannot say how many—the other shopmen were serving at the time—I know it is five feet and a half from where the prisoner stood to the gold till, for it has been measured since.
MR. CHAMBERS. Q. As you were standing at the end of the counter, your view of the prisoner was not intercepted by the other men? A. No, I had a perfect view of him.
HENRY FIELD . I was shopman to' the prosecutor for that evening—I saw the prisoner there serving—I went behind the counter about seven o'clock—I was directly opposite the gold till from the time I went, till the prisoner was taken—the prisoner did not come to the gold till at all while I was there—he was taken about ten o'clock.
Cross-examined. Q. How many other shopmen were behind the counter? A. I think six were serving—we stood in the same places during the whole of the time—we turned round to get any thing we wanted, but never moved about, except those at the bottom of the counter, they went round to weigh sugars, but not those at the top—I did not go out—there was one shopman between the prisoner and me—I turned round for almost every customer.
MR. CHAMBERS. Q. What is the space between the counter and the back of the shop? A. I should say not two feet—it is the narrowest place I ever
saw—there were two silver tills—I used the silver till on my left hand, and the gold till for the gold—when the shopmen received gold, they went to the gold till with it, but the" prisoner did not come to it—I observed him take gold, and he did not bring it to the gold till—I could not make a communication to Mr. Rose, be was at the end of the counter;—I saw he was watching some one.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Two Years.
WILLIAM BARTLETT . I live in Ashley Crescent. On the 8th of April I saw my watch safe in my bed-room, between seven and eight o'clock in the morning, and missed it between eight and nine o'clock—this watch (looking at one) is very like mine.
Cross-examined by MR. DOANE. Q. You would not like to swear it was your watch? A. No.
COURT. Q. Is the prisoner a relation of yours? A. No—he was stopping with me a few days, and he left about an hour after I saw my watch safe.
Q. Why did you swear to the Magistrate that it was half an hour? A. It was a very short time—it was a silver bunting-watch, made by French of the Royal Exchange, and it had a gold seal with the initials "W. B." on it—this is a silver hunting-watch, and this seal has "W. B." on it—my watch had a black ribbon to it like this—I had worn it a good many years, and had sealed letters with the seal a hundred times—my watch had a mark on it, which I do not see on this—it is very like mine.
GEOBGE BILSON . I am in the service of Mr. Barker, a pawnbroker, in High Holborn. I took in this watch of the prisoner, on the 8th of April, in the name of William Bartlett, 32, Great Titchfield-stxeet.
ROBERT BUTCHER (police-constable N 225.) I went after the prisoner, and took him. I told him the charge, and asked if his name was Gibbs—he said no, it was Bartlett—I told him I should take him—he said he knew he had done very wrong.
HENRY WILLIAM DUBOIS (police-sergeant M 14.) On the 25th of April I took the prisoner to the office—I told him the watch was not found—he said, "I have pawned it, and the ticket is in my pocket"—I put my hand into his pocket, and drew out three duplicates—one is for the watch.
Cross-examined. Q. Had you told him he had better tell you? A. No.
GUILTY . Aged 22.
1543. JOHN GIBBS was again indicted for stealing, on the 22nd of April, 1 watch value 2l. 10s.; 1 watch ribbon, value 3d.; 1 watch key, value 6d.; and I musical snuff-box, value 10s., the goods of John Wood-burn.
called and drank tea with me and my young mistress—he left about half-past seven o'clock, and in the course of the evening a silver-gilt watch was missed, and a few hours after a musical snuff-box—I had not seen them that afternoon.
Q. Does the watch now produced resemble in every respect the watch that was in the house that evening? A. I do not know—I fancy this is larger than that—it had a bit of dirty ribbon on—I do not swear to this ribbon—it is the same colour—I do not know any thing about the key.
Q. Look at the snuff-box; was your master's snuff-box like this? A. We had one something like this, it was something similar, it was something like this colour—I do not know the name of the tune it played—there were two boxes in the house—I do not recollect what the other box played—I do not know whether they played dances—(the box was set playing)—I have heard something like this tune—Miss Woodburn took the other box away with her.
Cross-examined by MR. DOANE. Q. You do not swear to the tune you have just heard? A. No—I never had a musical education—neither the watch nor the boxes ever belonged to Mr. Woodburn, they belonged to Mr. Johnson, and my young mistress took care of them for him.
RICHARD SAYER . I am in the service of James Sayer, a pawnbroker in Drury-lane. On the 23rd of April the prisoner pawned this watch for 30s., in the name of William Gibson, No. 33, Titchfield-street—he said it was his own.
WILLIAM HENRY BAYFIELD . I am a pawnbroker. This musical box was pawned by the prisoner on the 22nd of April, in the name of William Gibson, No. 10, Ashley-crescent—to the best of my recollection in the after part of the day.
MRS. WOODBURN. I was not at home on the 22nd of April—Mr. Johnson left the watch and snuff-box with my daughter—I had not seen the watch that day—I have seen it about—I cannot say that this is it—I have no reason to know it—T do not think this is it—I have no knowledge of the snuff-box—there was a yellow snuff-box there—it resembled this in point of size.
Cross-examined. Q. I believe they were left in care of your daughter? A. Yes—I have known the prisoner three years, I had the highest opinion of him—my daughter is twenty-five years old—she lived at her father's.
GUILTY . Aged 22.— Transported for Seven Years.
THOMAS SMITH . I am shopman to Mr. Aaron Beckly, a fishmonger in Cambridge-street, Paddington. I was in the shop on the 30th of April, the prisoner and his wife called—his wife gave me a fourpenny-piece, to take a halfpenny which she owed me—we had nine fowls there, and when the prisoner and his wife were gone, we missed one fowl—I told my master—we went after them, and the fowl was in the prisoner's pocket.
Prisoner's Defence. I was with three or four other men, we were all tipsy—one of them put something into my pocket—in a quarter of an hour
after, I was standing at the corner of the street—the shopman and master came and taxed me with stealing a fowl.
GUILTY . Aged 41.— Confined Three Months.
THOMAS ABERCROMBIE . I live at Child's-hill, Hendon, and am a gardener. I had ten chickens and a tame fowl—I saw them safe about nine o'clock in the evening, in & coop, on the 22nd of April, and missed them the next morning—here is the hen and chickens—the prisoner had worked there that day—I never saw him before.
JOSEPH WALKER (police-constable T 145.) About a quarter before twelve o'clock, on the night of the 22nd of April, I was in the Edgware-road—I saw the prisoner with something on his back—I asked him what he had got—he said, some fowls he had brought from Edgeware, and was going to take them to Billingsgate—I took him to the station-house—the prosecutor owned the fowls.
Prisoner's Defence. I overtook a man, we walked a short distance together—I heard something squeak in the sack which he had—he said it was an old hen and chickens, and he would sell them—I bought them of him for 3s. 6d.—I had nothing to put them in—he said if I would give him 1s. more he would lend me the sack, and I might leave it at the Greyhound, and he would leave the shilling.
GUILTY . Aged 32.— Confined Three Months.
MART MIDDLETON . I am the wife of Richard Middleton, and am a laundress. The prisoner worked about twelve months for me—I have missed a great many articles since Christmas—I missed eight towels, and a pillow-case—I called the prisoner into the parlour, and told her I suspected her—she denied knowing any thing about it—I went to her lodgings, on the following Monday, in Praed-street, Paddington—I found these articles on a basket in the kitchen—they should have been at my house—they came from the Union Club, which I have washed for seventeen years—I took up one towel that is marked, and the prisoner said that belonged to me, and (hat she had brought it in a mistake when she was coming away—the names are cut out of the others, and she said they were not mine, but she had bought them in Rosemary-lane, and gave 6s. for them, and if I took them she would say I was robbing heir—I gave her in charge.
Cross-examined by MR. PAYNE. Q. What day was this? A. On the 22nd of April—I know these by having similar ones to them, and here is one which I have taken out of pledge, which she pledged in her own name—I know them by having them to wash constantly, and they match as to quality and size with what I have.
said, with the exception of the one marked, she bought them in Rosemary-lane.
GUILTY —Aged 32. Recommended to mercy by the Prosecutrix and Jury.— Confined Six Months.
HENRY WALTER . I am in the service of Mr. Thomas Smith, of Pitfield-street, a pawnbroker. On the 18th of April, about a quarter past eight o'clock in the morning, the prisoner came into the shop, and as he was going out he attempted to take down a piece of cotton—he then went on the other side of the street—he returned again to the shop, and attempted to take down a pair of trowsers—he did not succeed—he crossed the road, then returned and took them down, and walked away with them in his apron—I pursued and gave him into custody—these are the trowsers I found in his apron—they are my master's, and had been inside the door.
CHARLES FENN WRIGHT (police-constable N 99.) I was on duty, and saw the prisoner at the shop-door—he then went away—two more who had been with him went down a street—I was looking after them, and in the mean time the prisoner went and took the trowsers—I saw Mr. Walter go to him—I took him, and took the trowsers from him.
Prisoner. I saw them on the step of the door, took them up, and put them into my apron, but did not know they belonged to the prosecutor.
(The prisoner received a good character.)
GUILTY—Aged 17.— Judgment Respited.
WILLIAM KEBBLE . I keep a coal shed in Bloomsbury-market. I had a model of a brig, standing in the fire-place, in my back-kitchen—I saw it safe at nine o'clock at night, on the last day of April, and missed it the next morning about eight o'clock—this is it—(looking at it)—it is worth about 4s.
FREDERICK ROY . On Wednesday morning, the 1st of May, I was in Bloomsbury-market, about a quarter past six o'clock, and saw the prisoner go into Mr. Kebble's house—he came out with the ship in his hand—he went on towards Lyon-street.
Prisoner. I was not there at all. Witness. I am sure he is the person—I took notice of the ship.
GEORGE BOND . I keep a broker's-shop in Tower-street. I was at the door on the 2nd of May—the prisoner came by with the ship—he went to the next door, and offered it for sale—they did not agree—he came out, and was going away—I called him, and bought it of him for 1s. 6d.—he said his name was John Brown—I put the ship outside my door.
Prisoner's Defence. I saw a man and a little boy talking together—the boy had a model of a ship, and when I came up he asked if I wished to purchase it—he said it was his father's—I bought it of him for 1s.
GUILTY .*—Aged 20. Confined Six Months.
a tailor, of Hanover-street. The prisoner was one of his journeymen—he was discharged on the Saturday night by the foreman—we did not miss this coat till it was brought by the policeman—it is my master's, and is worth 8l.
THOMAS TICE (police-constable C 53.) On the morning of the 24th of April I was on duty in Leicester-square, and saw the prisoner with this coat—I said it was a very nice coat—he said it was given to him by Captain Byrne, of Craven-street, to set to rights—I went there—Captain Byrne knew the prisoner, but had not given him the coat—I then inquired, and found the prosecutor.
Prisoner's Defence. I had orders to call again on my master, and as it was wet, I put on the coat, intending to return it the next morning, which is commonly done.
(Captain Byrne gave the prisoner a good character.)
GUILTY .* Aged 36.— Confined Three Months.
CHARLES ATFIELD . I am apprentice to Mr. Joseph Hart, a draper, who lives in Old-street On the 15th of April the prisoner came and purchased a pair of black stockings—she gave me a halfpenny too little—I went and overtook her about half a dozen houses up the street, and saw the fagend of this print hanging down behind her shawl—I took her back, and saw this print taken from her by Mrs. Hart.
Cross-examined by MS. PHILLIPS. Q. Did you go to the prisoner's lodgings? A. Yes—there were two children there—there was scarcely any thing in the room—I never saw such a destitute place before.
(The prisoner received a good character.)
GUILTY . Aged 38.—Recommended to mercy by the Prosecutor and Jury.
Confined Four Days.
JAMES CRAWLEY . I reside at Hadley-green, and am a poulterer. On the morning of the 5th of May I turned out a goose, a gander, and ten young goslings, about ten o'clock—I afterwards missed two goslings—they have not been found since.
Cross-examined by MR. ROWE. Q. How old were they? A. About a week—there are perhaps ten or fifteen lots of geese on the green—they will not intermix.
WILLIAM MATTHEWS . I work for Mr. Miller. On the 5th of May I saw the prisoner pick up three young goslings—he put two of them into his pocket, and then the gander or the goose flew at him, and he put the other one down—I knew the prisoner—I went and told Mr. Burkit.
Cross-examined. Q. Where were you? A. Against Mr. Probert's stable, at the corner of Hadley-green—I saw the prisoner by the side of the ditch on the green—I suppose he saw us—we hallooed to him—Moss was with me.
NOT GUILTY .
JOHN BANKS GULLIFORD . I am a salesman in Covent-garden market On the 13th of April I had a basket of walnuts, which I saw safe about five o'clock—this is the basket and walnuts—I found them in possession of the officer.
WILLIAM ALMOND . On the 13th of April I saw the prisoners in company in Covent-garden market—they went into the centre of the market, looked at and handled several things; they then went to the prosecutor's, and Eason took the basket of walnuts—they went out of the market—I told the beadle—we went towards James-street, and there Wilkinson had the basket on her head.
RICHARD MOORE . I am constable of Covent-garden. I went to James-street, and saw Wilkinson with the basket of walnuts on her head—I went to take her—she threw them down, and said they were not hers, and she did not take them—that they belonged to the other woman—Wilkinson then threw herself down on the pavement—I got assistance, and took her to the station-house.
WILKINSON*— GUILTY . Aged 40.
EASDON*— GUILTY . Aged 44.
Transported for Seven Years.
1553. CATHARINE WILKINSON and SARAH EASDON were again indicted for stealing, on the 13th of April, 1 basket, value 10d.; and I peck of potatoes, value 3s.; the goods of Henry Charles Corston, and another.
Easdon's Defence. I saw them on the railing, and I took them—I saw no one near them.
EASDON*— GUILTY .
WILKINSON*— NOT GUILTY .
GEORGE ROW . I live in Kingsland-road, and am a shoemaker. On the 10th of April, about half-past five o'clock, my boots were in the shop on a shelf—I had seen them safe about a quarter of an hour before I went down to tea—while I was at tea the girl called me, and I missed a pair of half-boots—these are them—(looking at them)—I took Gilbert that night—there was another person running away with her, whether it was Rossiter I cannot say—one of them dropped the boots.
Cross-examined by MR. CLARKSON. Q. I suppose you had a good many of these? A. Not a great many—they are what I call ancle boots, which
I ship for Australia for emigrants—my attention had not been called to my stock that day in particular—I can swear to these, because I had them made by a particular manufacturer—I only bought this lot of him—he most likely sells to other people—I can swear to the nailing of these—all that he makes have the same appearance—I am confident they are mine—I saw the place was vacant where they had been standing—I am positive I had lost one pair.
MARY ANN HARMAN . I am turned of thirteen years old. I was keeping Mr. Row's shop when the two prisoners came in and asked the price of a pair of boots—I was going to call my master up, and they said, "Never mind"—Gilbert took these boots and put them under her shawl—the other was by her side—they ran out—I watched, and saw them go down Union-street—I called my master up, and went for the officer.
Cross-examined. Q. How long had you been taking care of the shop? A. When he went down to tea—nobody came in but the prisoners—I had minded the shop for a day or two before—my master did not tell me what I was to say when I came here—he asked me whether I was sure these were the two girls—Rossiter was taken the next morning—I did not tell any body the dress of the prisoners—one of them had a cap on, the other had not.
JOHN NEWELL (police-constable N 102.) I went to Union-street, and saw Gilbert—Mr. Row laid hold of her—he gave her in charge for stealing a pair of boots—these are the boots—I took Rossiter the next morning, outside Worship-street office—I asked Harman if she knew her—she said, "Yes, that is the girl that asked the price of the boots."
Cross-examined. Q. Did not Gilbert say she was not with the other? A. No—she said the person who took them was Mary Williams—a bystander told me that there were three persons together.
GILBERT*— GUILTY . Aged 18.
ROSSITER*— GUILTY . Aged 19.
Transported for Seven Years,—Penitentiary.
1555. GEORGE GOULD and CHARLES NASH were indicted for stealing, on the 12th of April, I purse, value 1s. 6d.; 2 half-crowns; 5 shillings; and 3 sixpences; the goods and monies of John Day, from the person of Louisa Day.
LOUISA DAY . I am the wife of John Day—I am a pauper in the Union workhouse, Stepney-green. On the 12th of April, I went out for a holiday—I went with another woman to the Duke of York public-house, and I afterwards found myself in the India Arms public-house, but how I got there I do not know—I was not drunk, but stupified—I think there had been something put into the drink that I had—I had a crimson silk purse in my pocket, with steel slides—it had 12s. in it—I took out a sixpence to pay for a quartern of gin, and left 11s. 6d. in it—I had been working at my needle for four months, and had not spent a farthing—I had saved up the money to buy me a few things to go out—I lost my purse with the 11s. 6s., in it.
JOHN TAYLOR . I am employed at a coal wharf near the India Arms. On the 12th of April I was at the India Arms—I went into the tap-room to warm some beer, and saw the prosecutrix there intoxicated—Nash had his hand in her pocket—he took out a red silk purse, and gave it to a man named Shepherd—Gould was in the tap-room at the time looking to
see if any officers were coming—the prisoners and Shepherd then walked out of the house—I walked down behind them—they went on, and I went down to the weighers—Nash then came to me, and said, "Here is a shilling I owe you,"but he did not owe me one—he put it into my hand, and I gave it to my grandfather.
Gould. I saw the prosecutrix in the tap-room, but I did not see any thing done to her.
Nash. I went in to light my pipe—Taylor had got a letter—he said he had it from the woman's pocket, and she had a great deal of money—it was directed to Leonard-square, Shoreditch—the prosecutrix knows whether she had such a letter or not—I went back to the house the same night—I heard nothing of this till the next day—the house was full of coal-whippers.
JOSEPH EMERTON . I live in Trevor-square, Knightsbridge, and am a cow-keeper. The prisoner was in my employ for six or seven months, to carry out milk, and do what was required—he was to receive money if the customers paid him, and to pay it to me every night—if he received 9s. on the 20th of April—he has not paid it to me—nor 2s. 11d. on the 23rd of April—nor 12s. 10d. on the 27th of April.
ALEXANDER WEST . I live at a coffee-house—I deal with the prosecutor. I paid the prisoner 9s. for his master on the 20th of April, and on the 27th 12s. 10d.—he was to have brought receipts for these sum, but did not bring them.
GUILTY . Aged 16.— Confined One Month; One Week Solitary.
JOSEPH WILDE . I live at Stepney. I missed a truck on the 15th of March—the prisoner came on the evening of that day, and said he had borrowed the truck, and left it with a person at Vauxhall, because he was too late to get his load of bottles that he went for, but he would return it the next morning by nine, or half-past nine o'clock, but he did not come—I saw the truck again at the Thames police-office, on the 28th of April.
STEPHEN MOORE . I live in Slater-street, Spitalfields. I have known the prisoner some time—he came to me on the 15th of March, and said he had a truck to sell, as it was notlarge enough for his business—I bought
it of him for a guinea—I showed the same track to the prosecutor and to Taylor.
GUILTY * Aged 25.— Transported for Seven Years.
HENRY URCH . I am a saddler, and live in Long-acre. The prisoner was in my service as errand-boy for three days—on the 17th of April, I sent him to Mr. Crosier's in Palace-yard with a bill for 1l. 5s.—he never came back, not did I receive the money.
Prisoner's Defence. I lost the sovereign and did not like to go home, so I spent the other five shillings.
GUILTY .* Aged 14.— Transported for Seven Years.—Isle of Wight.
CHARLES HYLAND . I live with Charles William Walker, a butcher, in Googs-street. On the 29th of April I put on the stall-board two chumps of mutton—I was feeding the birds and did not see the prisoner, but the policeman brought him back with one of the chumps of mutton.
CORNELIUS MURPHY (police-constable E 21.) About half-past ten o'clock that morning I saw the prisoner go and take the mutton from the board and walk away—I took him about thirty yards off—he said he was hungry.
GUILTY . Aged 21.— Confined for One Month.
SARAH SHATWELL . I am the wife of Peter Shatwell, a weaver, who lives in Windmill-row, Chester. I was present at the prisoner's marriage with Mary Whitaker, my sister, about twenty-five years ago, at Prestbury church, Cheshire—he went by the name of William Potter—they lived together about twelve years—I saw my sister on Sunday night last—she was alive—the prisoner left her about thirteen years since, and said he came up to London—she never heard any more of him.
Cross-examined by MR. CHAMBERS. Q. When he left to seek work, was not she to follow him? A. No—after he left she was on the parish—she the took a house by the side of her sister—she has not lived with a man—she has had a child since the prisoner has been married to his second wife—she was always a prudent woman—she had the child by David Flight—the child is dead—they courted, but did not live together—that is about four years ago—I first heard of the prisoner again about eight years ago—his wife did not come to look for him—I heard of his being married about seven years ago.
ELIZABETH HORN . I live in Deblond's buildings, Shoreditch. I have known the prisoner about eight years by the name of William Goodwin—we were married at Stepney church on the 16th of June, 1833—we lived
together some time, but had a few words and separated I had two children by him.
Cross-examined. Q. When you were married did you know he had been married before? A. No—I did not discover it was true till nine months ago—I never thought it was true till I sent down to the minister to know the truth, and he sent me a double letter—the prisoner is a weaver and so am I—we quarrelled sometimes, but lived pretty happily.
Court. Q. Had you any money when you married? A. No, he was aware I had none.
GUILTY —Aged 48.— Confined Six Months.
JOHN CARTER . I live in New-cut, Lambeth, and am in the service of Mr. William Cubitt—I had a chisel, some spikes, staples, and screws, at the Neat House, Thames Bank—I left them safe on the 13th of April, and when I went there on the 20th of April, they were gone—these are them—they are the property of Mr. William Cubitt.
JOHN SPALDINO (police-constable B 76.) I was on duty on the 19th of April, at Thames Bank, between six and seven o'clock—the prisoner came round Mr. Cubitt's shed, carrying these things in an apron, tied before him—when he saw me he threw it down, and ran off—I pursued and took him—I took up the property, but another boy caught up the apron and ran off.
Prisoner's Defence. I was coming over the wooden bridge, and this policeman came, and said I had stolen some iron—I had not seen it, and had no apron on.
GUILTY .* Aged 17.— Confined One Year.
Sixth Jury, before Mr. Sergeant Arabin.
THOMAS ELLISTON . On the 17th of April I was repairing an empty house for Mr. Dixon, a builder, at Ealing—there was a good deal of lead taken from the roof, and different parts—the prisoner was there as a stonemason's labourer.
JAMES MYNETT (police-constable T 96.) On the 17th of April I was in Old Brentford—I saw the prisoner about nine o'clock come down the town, and knock at the door of a marine store-shop—he had his umbrella up—he saw me, and went away—I went and said, "What did you knock at the door for?"—he said for one of his mates, who was bricklayer's labourer—I looked at him—he seemed confused—I took hold of the tail of his coat, and said, "What have you got here?"—he said, "Nothing"—I said, "Yes, you have"—I took him to the station-house, and found this lead—he said he found it—after he got to the cage he said he worked at Mrs.. Lawrence's building, in the Park, for Mr. Dixon, and he had taken the lead, and hid it in the cellar for three or four weeks, when he broke it up into three or four parts, and brought it there to sell.
Cross-examined by MR. CHAMBERS. Q. Who heard this besides you? A. The man on duty, Goddard, No. 80—I have been to Mrs. Lawrence's,
but I did not see her—Goddard and I went to the cage, about one o'clock, and then the prisoner stated this.
Cross-examined. Q. Was not the house Mr. Lawrence's? A. Yes—Mr. Dixon had the old lead for new—I do not know the lead.
NOT GUILTY .
1563. MICHAEL NOWAK, alias John Mazurkiewiez, was indicted for stealing, on the 15th of April, 2 1/4 yards of woollen cloth, called tweed, value 12s., and 2 1/4 yards of woollen cloth, called doe-skin, value 17s., the goods of George Priestley Heap.
(The prisoner being a foreigner had the evidence communicated by an interpreter.)
GEORGE KIMPTON . I am warehouseman to Mr. Read. On the 15th of April I was in Ludgate-street—I saw the prisoner standing near the prosecutor's door, and before I could get to him he pulled down two lengths of cloth—he found they were too large to roll round his arm—he threw one down, and ran up Stationers'-court with the other—I went and took him—this is the property—(looking at it)—this is the piece he threw down—this is the one he had when I took him—I suppose they had been pinned together.
Prisoner. I only took one, the other fell down.
ROBERT BROWN . I am apprentice to George Priestley Heap. The prisoner was brought to my master's shop, with these pieces of cloth—they are my master's—here are four yards and a half in all—they had been hanging in the shop.
Prisoner's Defence. I had nothing to live on.
GUILTY . Aged 26.— Transported for Seven Years.
HENRY BURGESS . I was in Shoreditch on the 22nd of April, standing to see a balloon go off—an officer tapped me on the shoulder, and told me something—I felt and missed my handkerchief, which I had in my hand about three minutes before—the prisoners were taken up directly—they were three or four yards from me.
Cross-examined by MR. PAYNE. Q. When the officer spoke to you he had the two prisoners, had he not? A. Yes—this is the handkerchief—I know it by the holes—it was my father's, who is dead.
GEORGE KEMP (police-constable N 82.) I was at the balloon ascent—I saw Oakford put his hand into the prosecutor's pocket, he took out this handkerchief, and gave it to Parish, who I saw with it in his hand—I took him, and my brother officer took Oakford.
Cross-examined. Q. Did he not drop it? A. Yes, when I took him—there were some hundreds of people there, but they were moving off—I was in private clothes.
Cross-examined. Q. Were you disguised? A. Yes—it all happened in a moment.
Parish's Defence. I saw this prisoner with the handkerchief—he put it behind me, and shoved it into my hand—I never had hold of it.
PARISH*— GUILTY . Aged 22.
OAKFORD*— GUILTY . Aged 20.
Confined Six Months.
THOMAS OAKLEY BIRCH . I live in Huntley-street, Belgrave-square, with my mother. On the morning of the 17th of March, the prisoner, who was quite a stranger, knocked at the door, and the servant opened it—she brought a letter, which I read—I wrote an answer to it, thinking it came from the person whose name is to it—the servant went down—I wrote it in about five minutes, and gave the answer to the prisoner, telling him to give it to Mr. Blewitt—the prisoner came again in the afternoon, and brought me this letter, as an answer to the one I sent—(read.)
"DEAR MADAM,—If you can give me a call to-morrow, I think I have an engagement of importance. I shall feel obliged by your writing me word. Yours, &c. "J. BLEWITT."
" 24, Great Portland-street.
"DEAR SIR,—In answer to your letter respecting the engagement, I beg to state I am about taking a concert room at Manchester, for the space of three months, and if Miss Birch can render her services, I should be happy to engage Miss B. for whatever salary should be required. I don't leave town for a month to come, consequently I shall esteem it a favour was you to call on me in the course of next week, when I shall be able to state more respecting it. Yours, &c. "J. BLEWITT."
Witness. Directly on reading this letter I thought it all a joke, and happened to think of my cloak in the passage, and just at the moment I heard the door shut—I ran out, and the cloak was gone—I have never seen it since—it was worth 2l.—the prisoner was taken some time after, on another charge.
CATHERINE QUIN . I am servant to the prosecutor. The prisoner came with a note it in the morning—I took it into the parlour—the prisoner came in the afternoon with another note—I left him in the passage, where the cloak hung, and went down stairs—I heard a noise in the passage, and went up—the prisoner was gone, and the cloak also.
GUILTY . Aged 21.— Transported for Fourteen Years.
ELEANOR COCKERTON . I keep a coal-shed in Rosemary-lane. The prisoner carried out coals for me, and was authorised to receive money—on the 18th of April I directed him to call on Robinson for 4s. 6d.—he came back, and told me she could not pay me then, but he was to go in the afternoon—I had lent him half-a-crown in the course of the week.
(The prisoner received a good character.)
GUILTY . Aged 15.—Recommended to mercy.— Confined One Month.
ANDREW WYNESS (police-constable D 43.) I was passing through Berkeley-square, on the 29th of April, about half-past ten o'clock in the morning—I saw the prisoner Smith go to a taker's basket, and take a loaf—he went to Davies-street, joined Flood, and gave him the loaf—they went into a public-house—I went back to the square—the baker had then come to the basket—I spoke to him, and then went to the public-house—the prisoners were there, with a pot of beer before them, and the loaf cut—I found on Smith a knife, a razor, and one halfpenny.
JAMES BIRD . I am in the service of James Yeend, a baker. On the 29th of April I left my basket in Berkeley-square, about thirty yards from Davies-street—a person in Davies-street could not see it—I missed a loaf.
SMITH— GUILTY . Aged 26.—Recommended to mercy by the Jury.— Confined Seven Days.
FLOOD— NOT GUILTY .
MARY ANN LORD . I am the wife of John Lord, of Old Gravel-lane. The prisoner was my servant of all work—on the 22nd of December we went out for the evening, and left her in charge—we came home about ten o'clock—I found the prisoner very much intoxicated, and the next morning I missed the jacket, and made some inquiry of a person in the house—the prisoner called me into my bed-room, and said, "Pray, do forgive me, I took the jacket, and something else, to pay a woman some money I owed her"—she took the duplicates from under her pillow—this is the property.
GUILTY . Aged 54.— Confined Six Months.
FRANCIS BUTCHER WILLIAMS . On the 24th of April I was taking care-of the outside of the shop of Mr. James Francis Thompson, a pawnbroker in Crown-street—a neighbour gave me information—I went and caught the prisoner, about a hundred yards from the shop—I said, "Will you give me those shoes which you took from the shop round the corner?"—he took his hand from under his coat, and gave me them—he then put his hand into his pocket, and said, "What shall I give you to let me go?"—I said, "Nonsense"—I took him back to the shop, and sent for a policeman, who took him—these are the shoes—(looking at them)—they are my master's.
Prisoner. I had no money in my pocket—the shoes were on the pavement outside the door.
GUILTY .* Aged 62.— Confined Six Months.
had something bulky upon his hip—I followed him to a marine-store shop—I saw through the glass door that he laid a parcel on the counter—the woman who was there opened it, and there was a piece of meat in it, and these stays—the woman asked the prisoner how much he wanted—he said 2s.—she said, "That is too much—I can buy them cheaper than that"—he said, "Look at the work"—she then said 1s. 6d.—I then went in, and said to the prisoner, "Where did you get these stays.?"—he said he had seen no stays—I took them off the counter, and showed them to him—he then said he did not know where they came from—I said I would endeavour to find out—I then asked the woman for the meat—she said she had seen no meat—I said, "You don't mean to deny having some meat, when I saw the boy put it on the counter, and you said 2s. was too much"—she then put her hand under the counter, and gave me out 71bs. of beef—the prisoner denied that he had seen any beef, but in going to the station-house he said he had found them wrapped up behind a pump.
ROBERT NICHOLSON . I live in Ernest-street, and am a haberdasher. These stays are mine, and had been taken out of my shop—they had not been sold—they were safe on my door-post about seven o'clock in the evening of the 20th of April.
Prisoner's Defence. I was passing, and saw this bundle lying down—there was a piece of meat inside the stays—I offered the stays for sale, and was going to take the meat home—I told the officer so.
GUILTY .* Aged 18.— Transported for Seven Years.
HENRY SINGER (police-constable H 48.) On the 23rd of April, about eight o'clock in the evening, I saw the prisoner, in company with some others, in White-row, Spitalfields—the prisoner was carrying something bulky—I asked him what he had got—he seemed confused, and said it was a cheese which a person gave him to carry to Whitechapel, but he did not know the person—I offered to go with him to where he was going—he said he did not know where it was—he was about half a mile from the prosecutor's house—this is the cheese.
HENRY RICHARD WALKLETT . I am in the employ of Charles Knight and another, of Fore-street, City. Twenty of these cheeses came to their shop on the 23rd of April from a wholesale warehouse—I can swear this is one of them.
Prisoner. I was returning home, and a man in a smock-frock gave me this cheese to carry, and said he would give me 5d.
(The prisoner received a good character; and a witness promised to employ him.)
GUILTY . Aged 14.—Recommended to mercy.— Confined Seven Days.
1572. ELIZABETH GREEN was indicted for stealing, on the 3rd of April, 2 pillows, value 6s.? I decanter, value 3s.; I table-cloth, value 4s.; I counterpane, value 6s.; 2 blankets, value 8s.; I sheet, value 3s.; I preserve pan, value 7s.; and I tea-kettle, value 12s., the goods of William Goodhugh, her master; and that she had before been convicted of felony.
the 25th of September, and on Wednesday the 3rd of April I went out, and when I returned in the evening she was gone—I missed the articles stated in the indictment—she was taken about a fortnight afterwards.
Cross-examined by MR. BALLANTINE. Q. When did you see any of these articles before? A. The copper tea-kettle I had in use the day before.
RICHARD CHARLES . I am a pawnbroker, and live at Brompton. I produce two pillows, a blanket, and a preserving pan, pawned by the prisoner at different times, and a counterpane and sheet, which were pawned by another person.
WILLIAM SIMMS (police-constable S 68.) I received information, and found the prisoner at Tring, in Hertfordshire—I said she must go with me for robbing the gentleman she lived with at Brompton—she said it was not her—I brought her up by the train, and when we got within thirty yards of the station, she said she hoped I would speak to her master for her.
(Property produced, and sworn to.)
GUILTY . Aged 26.— Transported for Seven Years.
JOSEPH WINCOTT . I keep a butter shop in Chiswell-street, and have one partner. On the 18th of April, a little after eight o'clock in the evening, I missed a cask of butter—I went after a man who had got it, about 200 yards from my door, and he let it fall—I cannot say that it was the prisoner.
Cross-examined by MR. PAYNE. Q. It was dark? A. Yes—I found my butter in Whitecross-street—I saw a man drop it—I have sold it since.
NICHOLAS MERRY . I was coming past the prosecutor's house, and I saw the prisoner roll a cask of butter out—he lifted it up in his arms, and carried it before him for about two hundred yards—he then dropped it, and ran away—he was taken by the policeman.
Cross-examined. Q. What are you? A. I sell children's books and song-books about—I was out with my books then—I am quite sure I saw the prisoner do this—I was next door to the shop—I saw his. face—I followed him to Whitecross-street—I did not see him stopped—I saw him drop the butter.
EDWARD BLACKFORD (police-constable G 70.) I was on duty in Chiswell-street, and saw the prisoner pass me with the butter—I followed him—he turned into Whitecross-street, dropped the butler, and ran away, and after a smart chase of a quarter of a mile, I took him.
Cross-examined. Q. Did you lose sight of him I A. No—he turned round the houses, but I did not lose sight of him—when I took him, he said he knew nothing about it.
GUILTY .* Aged 21.— Transported for Seven Years.
OLD COURT.—Friday, May 11th, 1839.
Third Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 18.— Confined Two Years.
GUILTY . Aged 62.—Recommended to mercy.— Confined One Year.
(The prisoner received a good character.)
1576. MARY NEWNHAM was indicted for stealing, on the 15th of April, various articles, value 16l., the goods of William Coleman, her master; various articles, value 4l. 6s., the goods of Harriet Eliza Coleman; various articles, value 3l. 6s., the goods of William Gooding Coleman; articles, value 1l. 3s., the goods of Charles F. Coleman; and articles, value 19s., the goods of George Augustus Coleman.
MR. ESPINASSE conducted the Prosecution.
ELIZABETH COLEMAN . I am the wife of William Coleman, and live in Pelham-crescent, Brompton. The prisoner was about fifteen days in our service, and was discharged about the 20th of April—shortly afterwards I missed a table-cloth, and on searching further missed other articles—I gave instructions to the police, and have seen all the articles since—(looking at them)—all these articles are our property—they belong to me and my children—she might have taken articles of much greater value from where she took these.
JOSEPH NEAL . I am a policeman. I took the prisoner into custody at No. 82, Park-street, Kensington, concealed at the bottom of the bed, under the clothes—I told her what I took her for—she immediately went into hysterics—when she recovered she told me part of the property was at a beer-shop about a hundred yards off, and at other places—I found some of the property there—I found one of her boxes at the beer-shop, and the rest at No. 82, Park-street—they contained the various articles which the prosecutrix claimed.
Prisoner. I beg for mercy.
GUILTY . Aged 21.— Transported for Fourteen Years.
Before Mr. Justice Pattison.
(The prisoner, in the absence of his Counsel, pleaded Not Guilty; but subsequently his Counsel called Mr. M'Murdo, the surgeon of the gaol, and Mr. Harding, a surgeon, upon whose evidence the Jury found him of unsound mind, and the Court ordered the plea to be set aside.)
1578. CATHERINE DONAVAN, alias Collins, alias Mary Ann Andrews, was indicted for that she, having been before convicted of uttering counterfeit coin, did afterwards, on the 19th of April, feloniously utter a counterfeit shilling to George Shaw, well knowing it to be counterfeit.
The HON. MR. SCARLETT conducted the Prosecution.
DANIEL PRITCHARD . I am shopman to Thomas Roberts, a linendraper, in Marchmont-street. On the 12th of April the prisoner came to my master's shop for a reel of cotton, which came to 2d.—I gave it her, and she offered me a half-crown—I took it to the desk, and gave it to Mr. Roberts—he gave her 2s. 4d. change—he afterwards discovered it to be a bad half-crown—she came again about four or five o'clock, the same day for a reel of cotton and a skein of silk, which she had, and offered a bad half-crown—I gave it to Mr. Roberts, and then sent for a constable—Mr. Roberts had kept the first half-crown.
Cross-examined by MR. PATNE. Q. Did you look at the first half-crown before you gave it to your master? A. No—I was busy—Mr. Roberts was by the counter while I was serving—there are four shopmen—I put the half-crown on the desk—those persons could get to the desk, and an elderly lady came to the desk during Mr. Roberts's absence—Mr. Roberts showed me the half-crown about ten minutes after I had given it to him—I do not recollect having seen the prisoner before—I went to Hatton-garden the following day, and gave evidence, but Mr. Roberts did not, and she was discharged.
THOMAS ROBERTS . On Friday, the 12th of April, I received a half-crown from Pritchard, and gave the change to him—I saw the prisoner, and spoke to her—I took the half-crown to the desk, and placed it apart from the other money, having change to give to another party—I saw it again about ten minutes after, and then examined it—it was decidedly bad—I saw the prisoner again that day, and received another bad half-crown from Pritchard—I charged her with uttering a bad half-crown, and sent Pritchard for a constable—while he was absent I accused her of having passed the bad half-crown in the morning—she denied having been there—I am positive she is the same person—I showed her the second half-crown, and told her it was bad—she said it was impossible, and asked me to give it into her hand, which I did, and she hid it in some part of her dress—when the constable came I gave him the first half-crown from the desk.
Cross-examined. Q. Were you looking at her when she had the half-crown? A. Yes, but could not see what she did with it—I was about two yards from her—she appeared to me to be putting it into her pocket—I did not try to prevent her—I do not believe more than ten minutes elapsed before I looked at the first half-crown.
GEORGE FREDERICK PIPER . I am a policeman. I took the prisoner into custody at Mr. Roberts's shop—I got a bad half-crown from him, which I produce—I took the prisoner to the station-house—she was searched, and a good shilling and a penny were found on her, but no half-crown—she was discharged at the office.
GEORGE SHAW . I am shopman to Matthew Howitt, a linen-draper, in High Holborn. On the 19th of' April the prisoner came to my master's shop, and asked for hooks and eyes, which came to 1 3/4 d., and offered me a shilling—I examined it, and it was bad—I gave it to Rush, the cashier, telling him it was bad, and fetched a policeman.
Cross-examined. Q. Did you mark it? A. No—I am quite sure the prisoner is the person.
—I showed the shilling to Mr. Howitt—it was not out of my sight—I gave it to Mr. Howitt, and saw him give it to the policeman a second after—it passed out of my hand into his, and directly to the policeman—I can swear he gave the policeman the same shilling.
Cross-examined. Q. How can you swear that? A. Because it never went out of my sight—Shaw had fetched the policeman—the policeman was in the shop when I gave it to Mr. Howitt the second time—the first time I took it and showed it to Mr. Howitt he gave it to me back again—I kept it three or four minutes, and then gave it to him again, because I could not reach the policeman—he gave it to him, being nearer to him than I was.
WILLIAM LINDAT . I am a policeman. I took the prisoner at Mr. Howitt's shop, on the 19th of April, and got 1s. from Mr. Howitt, which I produce—I did not see where he got it—it was in his hands when I went into the shop.
Cross-examined. Q. Have you kept it ever since? A. It was given to inspector Black, on the 23rd—I got it back from him on the 30th—I have kept it ever since.
MR. SCARLETT. Q. Did you put any mark on it at the time you received it? A. Yes, and here are my initials on it.
Cross-examined. Q. Did you keep it in your custody? A. I did—I am sure it was a sealed paper.
CALEB EDWARD POWELL . I am assistant solicitor to the Mint. I have a copy of the record of the conviction of Catherine Donovan with another, at the Middlesex October Sessions, 1832—I have compared it with the original record—it is a true copy.
Cross-examined. Q. Was the record made up on purpose for the examination? A. Yes—(read.)
Cross-examined. Q. Who were the justices before whom she was tried? A. I do not recollect—the charge was passing bad money, at a shop in Lisson-grove—it is about seven years ago—I was reserve sergeant at the Harcourt-street station-house at that time—since that I have resigned, and gone into business.
MART ANN KASEY . I am a turnkey in the House of Correction, and was so in October, 1832. I remember Catherine Donovan being there for uttering bad money—the prisoner is the same person—she was imprisoned for six months—I had frequent opportunities of seeing her.
Cross-examined. Q. How often did you see her? A. Sometimes two or three times a day—all the women are not under my care—the prisoner was not one of my portion.
MR. SCARLETT. Q. Are you positive of her person? A. Yes.
GUILTY . Aged 20.— Transported for Ten Years.
(The prisoner has been in custody seventeen times since 1838 on similar charges.)
1579. MARY ASHTON was indicted for feloniously assaulting Sarah Ware, on the 6th of April, and unlawfully, maliciously, and feloniously, cutting and wounding her, in and upon the left side of her head, and fore-head, with intent to maim and disable her.—2nd COUNT, Stating her intent to be to do her some grievous bodily harm.
MR. PAYNE conducted the Prosecution.
SARAH WARE . I am the wife of James Ware. On Saturday, the 6th of April, I was drinking at the King William public-house—I was not perfectly sober, nor yet drunk—I left about half-past ten o'clock at night, and went to the Ship and Unicorn public-house—I left there a little after eleven o'clock—the prisoner lives in New-court, Gravel-lane—I passed her door, and she was at her door with a young man who had assaulted me in the course of the day—I mentioned it in the prisoner's presence, when I passed, that he had struck me on the breast—I went and asked him what was the reason he struck me on the breast—he said nothing—I was only going to speak to him about hitting me—I do not know what I should have done to him, but the prisoner, who was between us, shoved me—I caught hold of her to save myself from falling, and we both fell down, the prisoner uppermost—she had nothing in her hand at the time—I said nothing to her then, that I know of—I saw the young man give her something bright—I believe I had said I would mark the young man before he went away to sea, that I would scratch his face—it was after that he put something bright into her hand—she struck me on the left side of my forehead, with what she had in her hand—she only struck me one blow—I fell, and recollect nothing more till next morning, when I found myself in the London Hospital—I was there four weeks and three days, attended by a surgeon—I came from the hospital on the 4th, of May, to go before the Magistrate, and returned to it again for three days.
Cross-examined by MR. HORRT. Q. Have you been talking about 40l. within the last day or two? A. No—I did not say I could not see why honest people should interfere with it, and not leave us to settle the matter among ourselves—it was not in my way home to go up New-court—it is no thoroughfare—the person I eat and drink with lives up there—she is not here—I went up there to her for a clean bed-gown and things, I believe, it being Saturday night—I know I went for something to put on, but I am not sure what it was—the Ship and Unicorn is in New Gravel-lane—I had occasion to pass New-court to go from there home—the person I was going to lives at No. 7, New-court—her name is Mary Bowers—I did not go there—J was going—I did not see her come out while the scuffle was going on—I did not see the people come out of their house—I cannot swear nobody came out—there was nobody in my company when I left the Ship and Unicorn—I did not meet any body before I saw the prisoner—nobody went up New-court with me—two men did not go with me to the prisoner's lodging—I did not speak to two men there—they were not in my company at all there—I left them sitting at the Ship and Unicorn—they did not come up to me during the quarrel, not that I saw—I had bad a dispute with the young man in the afternoon—we were joking together, I, the young man, and a woman, and he took and struck me in the breast—it was about some sheets—I said, "You are like a child, you ought to be whipped and put to school"—I did not call him a b—, nor did I make a blow at him—it was at the King William—I did not say there that I would mark him for it—I said so in New-court—I was standing at the prisoner's door at the time
I said it—she was alongside of him—I did not try to do any thing to him that I know of—I do not know what I did hardly—I did not say, "You son of a cow, I will have your life,"nor offer to strike him or the prisoner—it was not in my power—my speaking to the young man about hitting me brought on the scuffle—he called me a b—b—I do not know hardly what I did—I went to set at him—I could not get to offer to strike him—I dare say I should have struck him if I could—I do not recollect any body saying, "Sally, you had better go home"—I never spoke to the prisoner nor she to me when I first came up—I do not recollect having any fight at all—I fell twice, and she fell on the top of me once—I do not know Smith—I know a person named Garrett, who keeps a bad house down the court—I live in one myself, or I should not have been down there—I did not see two men trying to break open the prisoner's door—I never saw any men there at all—the prisoner did not go in and shut the door during the scuffle—I did not see her or the young man go in at all—roe young man might have gone in while I fell first, but the prisoner did not go in at all—she did not say during the scuffle", "Let go my hair,"that I know of—I do not recollect saying any thing to the prisoner—I spoke to the young man—I said nothing to her that I know of, nor she to me, not when I fell first—I cannot recollect much afterwards—I did not go up to her and say, "Come on, you b—old cow,"nor any such expression—I did not abuse her or call her names, nor stand before her in a fighting way—we were always very good friends—I was standing right opposite the young man, and the prisoner was between us—I fell backwards—I do not recollect saying, "I won't fight any more, I am too drunk"—I cannot undertake to swear any thing of the kind—I was intoxicated—I am not aware that any body told me to go away—I did not hear them—I will not swear they did not—the prisoner struck me—I swear I did not strike her first—I went down to the King William the same night as I came out of the hospital—I was not dancing there all night—I was there last Saturday night, and have been there almost every night since I came out of the hospital—nobody has said to me since I have been here that I was bound over in 40l. to appear here, that I swear—nobody could have heard that—I have not said since I have been here, "How shall I get out of this?"
MR. PAYNE. Q. You do not distinctly recollect what you did say or do? A. No—after I was knocked down I have no recollection of what took place—if any men did come up the court behind me I knew nothing about it.
MARGARET BARRY . I live in New Gravel-lane. On the Saturday night in question I was at the Ship and Unicorn—there was a ball there—the prisoner was there, and a young man with her, and the prosecutrix was there—I left about a quarter to twelve o'clock—the prisoner and her young man went first, and the prosecutrix came out after them—I saw her go up to the young man, and make a strike at him, outside the door of the Ship and Unicorn, and say to him, "You have struck me on the breast"—this was close to the Ship and Unicorn—the prisoner said, "Don't strike him, Sally, he is too drunk"——I did not hear any more—I went into the Ship and Unicorn again, and fetched Ware's young man (a sailor) out, and another followed—I went with them to New-court—we got there in about two minutes—there are about four houses between the Ship and Unicorn and New-court—when I got to New-court I saw the prisoner standing at the door, and the young man
just inside—Ware was there, and I saw her going to strike the young man over the prisoner's shoulder—the young man did not do any thing then—I saw the prisoner strike Ware with a candlestick on the left forehead—the candlestick was a lightish colour, it looked like tin—Ware fell and got up again, and then they fought—every time she hit Ware she fell on the back of her head—after that she fought her with her fist—there was only one blow with the candlestick—I observed her left forehead bleeding a little, and afterwards it bled a great deal, in the same place—it poured out—it all burst out together, and I took her up—she did not say any thing, she could not speak—Ware did not strike Ashton at all before she was struck with the candlestick—I helped to take Ware home, and Winter helped me—I met a policeman, as we went along—I had not been drinking much—I knew what was going on.
Cross-examined. Q. Did you see all that took place? A. Yes—I was sober, more sober than Ware—I saw the prisoner and the young man from first to last after I got into New-court—the young man was standing inside the door, and did not come out at all—she was outside on the threshold of the door—he was standing by her or behind her—be was behind her when Ware came up, and she tried to strike at him over her shoulder—I should say she fell four times—it was a regular fight—Ware could not strike Ashton—she tried to do so, but could not—she stood up to fight, but directly she stood up, she was struck down again—it was about a quarter to twelve o'clock when I came out of the Ship and Unicorn—that was the time I went to New-court, to show Ware's young man where she was—as soon as I came out of the Ship and Unicorn I heard her voice up the court, hallooing out—I took her young man to her, and another followed—I did not notice whether he spoke to Ware—she did not say any thing to him—he wanted to drag the prisoner's young man out of the house, for striking Ware in the morning—he tried to push Ashton aside, to get into the house, but the prisoner's young man pushed the door to—he pushed it open again—I do not know whether he succeeded in getting him out—I was looking at them fighting—I was standing there about a quarter of an hour, and saw all this going on—they both fell down in the corner, and I went to help them up; but one woman told me not to touch them, but let them fight it out—they fought with their fists—they moved about from the spot—I was there during all the scuffle, and when it was over I helped to take Ware away, and her young man went home with her—he is now gone to sea—the other two young men both came up together, and both tried to get Ashton's man out of the house. Ashton and Ware were fighting at that time—it was before the scuffle that the door was closed against them, and they tried to get the young man out—I did not notice whether they got into the house—I was looking at the women who were fighting at that time; and there was such a crowd—they were trying to get into the house both before and after Ware was struck with the candlestick, I believe—when I fetched them down there was the young man inside—Ashton stood against the door, and her young man behind her—the two young men made a grab to get at him—this made Ashton come out with the candlestick; she said, "I will fight you now, Sally, fair—come on, Sally, I will fight you fair"—that was after she had hit her with the candlestick—I did not see them scuffling without the candlestick at first—it was after she hit her with the candlestick—she struck her with the candlestick first—she had the candlestick in her hand when I first came
up, after going to fetch her young man—Ashton and her young man went out of the public-house at a quarter before twelve o'clock—then Ware and I went out—I saw Ware running after Ashton and her young man—they stopped by a gate just outside the Ship and Unicorn—the young men did not try to get into the house—they tried to get Ashton's man out—I did not notice whether they stepped over the threshold—I heard Ware say she would mark Ashton's young man—she did not say, "I will have my revenge out of your young man or you,"nor any thing of the kind—she said, "I will not fight any more, I am too drunk,"when she was on the ground the last time—I was there when the young man tried to get the door open.
SARAH LESTER . I live in New Gravel-lane, and am in the same way of life as the last witness—I was at the Ship and Unicorn in company with Ware—I saw Ashton at the other end of the room and a young man with her—I left at about a quarter before twelve o'clock, and went into New-court—I saw the prisoner and prosecutrix there having a few words, and the prisoner struck her—there was a young man with the prisoner—Ware tried to hit the' young man over the prisoner's shoulder—Ware fell down by the prisoner pushing her—she fell on the back part of her head, and the prisoner fell on her—Ware got up again, and the prisoner had something bright in her hand, which she struck her with on her head—it appeared to be a candlestick—she had not got it in her hand when she pushed her—she got it from the door, as she stood by the threshold—it appeared to me that somebody gave it to her, for she never stooped—the blow hit Ware on the left temple—it bled a little at first; but all at once afterwards it came out with a very great gush, and we led her home—they had a few words after that blow, and scuffled again, and she fell again, and each time she fell, she fell right on her back—she was sensible when we were leading her home, but not after we got her home, in about five minutes—she said nothing, but "Oh," as we led her home.
Cross-examined. Q. Did you see the candlestick in her hand before she came there? A. I was there before the row began at all—she had no candlestick when it began—she did not go into the house at all—she did not go over the threshold of the door—she was standing at the threshold—the candlestick was suddenly produced in the middle of the scuffle—I do not know what became of it—the prisoner did not have it in her hand afterwards—I saw no more of it—it was the second time Ware fell that the blood gushed out—I was quite sober—I was close by them—I did not say, "Don't part them," nor hear it said—I was as near to them as Barry—we were both together—I saw two men taking Ware's part—the prisoner's young man was in-doors, the other two went to push the door to get him out, and I tried to pull them away—I did not offer to interfere between the prisoner and the prosecutrix—I got the two young men from the door, and they did not go into the house again—I will swear they did not get inside the house—I saw the door pushed—I did not see who closed the door—I saw a young lady and another lady at the door besides Ashton—that was at the last part of the scuffle—the young men never got inside the house—Ashton's man was inside, and the two men went up to the door—somebody inside tried to close it—they intended to force it open, to pull the prisoner's young man out, but I pulled them away, and they did not succeed—they never got over the threshold—the door was kept closed against them—I did not hear Ware say to Ashton, "Come Out, you b—cow"—the prisoner said so before the Magistrate, but it
was never said—I heard Ware say, "I won't fight any more, I am too drunk"—I. saw her fall—she fell from the blows—the court is a kind of little square—Ashton's house is in the square—Ware fell on the back of her head near the door—I was in St. Thomas's Hospital about two years ago, and was turned out because I was saucy—it was not for stealing the patients' food or things.
GEORGE WILLIAM GRAVE (police-sergeant.) On Saturday night, the 6th of April, I was in New Gravel-lane, at twelve o'clock, and saw the prosecutrix with two or three women and a man or two leading her towards her own house—she was covered with blood—I made inquiry, and went to New Court, and saw the prisoner—I told her she was charged with striking a girl on the head with a candlestick—she said, "That is false, I never had a candlestick in my hand, it was a fair stand-up fight"—I took her to the station-house—I afterwards assisted in taking Ware to the hospital—she lost a great quantity of blood, and was quite exhausted and insensible.
Cross-examined. Q. Did any thing pass between you and the prisoner about a knife? A. I have not the slightest recollection of it—I did not say Ware charged her with cutting her with a knife.
RICHARD BARBER (police-constable K 250.) I was with Grave, and met the prosecutrix being led along, bleeding very much from the head—I afterwards went into her house, and found the blood spinning out of her left temple very fast indeed—I got a handkerchief and tied it up as quick as possible with some rag, and took her to the hospital.
WILLIAM HENRY SCALES . I am senior dresser to Mr. Luke, of the London Hospital, and acted as house-surgeon on the 6th of April. The prosecutrix was 'brought there at one o'clock at"night—I found a wound about two inches long on the left side of the forehead—the skull was fractured to the extent of the external wound—I could not ascertain whether it was fractured further, as it would only enlarge the wound, and be of no use in the treatment, it would have increased the danger—in my opinion the wound was inflicted by an instrument—the sharp end of a candlestick, if struck with a severe blow, would produce such a wound—she remained in the hospital more than four weeks, which was necessary—she was not out of danger for a fortnight, or nearly three weeks—she conducted herself quietly and properly, and never used bad language there.
Cross-examined. Q. I apprehend you are not in the habit of hearing bad language used at the hospital? A. Yes, I am very much, the dressers are so much there—this wound was more likely produced by an instrument than a fall—a fall would not produce it unless she fell from a height—it could not be produced by falling down merely on the back of her head—the wound was not lacerated—there was no wound on the head—there was a bruise on her thigh, and a mark of one or two on the breast—that might be caused by any body falling on her—her state of constitution would considerably increase the danger there was.
MR. PAYNE. Q. Did she appear to have lost much blood? A. Very much, so that we were unable to bleed her.
MR. HORRY. Q. After a blow of that kind, would not a second fall produce a greater flow of blood? A. Very likely—I should say an instrument like this (the iron of a shutter) was not so likely to produce such a wound—it is probable it might do so.
MR. PAYNE. Q. Would that instrument produce such a fracture of the skull? A. It is not such a likely instrument as a candlestick.
MR. HORRY called—
MARY LEHMEN . I am the wife of John Lehmen, a sailor, and live in New-court, New Gravel-lane. On the 6th of April, about twelve o'clock at night, I had just finished supper, when I heard a noise under my window, next door to me, at No. 4, where Ashton lives—I went to the door, and saw the prisoner and the prosecutrix under my window—the prosecutrix's head was down in a kind of stooping manner—they were both fighting—I heard Ashton say a great many times, "Let go of my hair"—they parted after a full minute, and the prosecutrix followed Ashton to her own door again—I heard very ill language from Ware—she said, "Come on"—using language I should not like to express, and put herself in an attitude of fighting—they were fighting under my window when I first saw them—Ashton came to her where she stood in an attitude for fighting, and struck her—she fell against my feet at my door on the stones—by the time she got up again, some sailor-man said, "Sal Heels, what are you about? you are too drunk for fighting"—(that is her mother's name, and the name she always goes by)—I heard Ware say, "Come on, you b—cow"—I believe she was very much in liquor—I saw them standing in a fighting attitude three times—I saw blows pass between them—I did not see the first blow struck—I saw Ware fall and get up again—I saw she had a cut on her head, and suppose it could come from nothing but what I saw on the fastening of my shutter—when she fell on the back of her head, the blood went on my shoe—I am perfectly certain Ashton had nothing in her hand at the time—I could see by the gas light she had no instrument, or any thing—Ware said, "I can fight no more, I am too drunk, for my head is cut"—I produce this shutter fastening—I took it from my window next morning—her head came quite in the direction of it, and it was rather clotted with blood when I saw it, when I got up on Sunday morning, I wiped the blood off it, and likewise off my window-ledge—there was also blood on my own door—it was a stand-up fight, as much as they could stand, but she was so much in liquor she could not stand up—I never had any quarrel with Ware.
MR. PAYNE. Q. How many times did she fall? A. To the best of my knowledge, three times—she did not fall on the back of her head, but on the front of her head on the grating—Ashton struck her as she went up to the door—I did not see Ashton's young man there—he was not outside the door at all—I could not see what passed inside the door.
Q. How near was the prosecutrix's head to you when it came near that thing? A. They were holding each other down, and the prosecutrix had hold of the prisoner's hair at the time—she did not fall against it, but the prisoner held her down—no policeman examined the window-sill and iron that night—there was blood near my door, but not near Ashton's—I do not consider Ware was in a situation to fight, but she came down the court, and made the words herself—I did not see Ashton fall, but she had blows—Barber the policeman did not examine my window-sill, to my knowledge—I did not see a policeman come there at all—I went to bed after this—I cannot say who came there after I went to bed—I did not interfere—I saw blood at No. 2 next morning.
MR. HORRY. Q. Did she stand up to fight? A. She did, and in the
attitude of a man—there were a great many people ID' the court—I did not go from my door.
MARY SMITH . I live at No. 4, New-court. Ashton lodged with me—on the night of the 6th of April, after I went to bed, I heard a noise—the prisoner called me up to let her in—I did so, and I saw her, a young man, two sailors, and Ware—I heard Ware call the prisoner very improper names, not fit to use, and she tried to get into the house, but I closed the door—the two men that were with her also tried to get in—I shut the door, and held it as long as I could but they bunt it in upon me—I had not time to lock it—the two men did not get into the house—the door was forced open, and I took hold of the prisoner's hands to prevent her going out—the second time the door was broken open, the sailors got in, and one of them knocked me down—the prisoner had no weapon in her hand at all, for I held her hand—I saw a little of the scuffle—I saw Ware fall twice, once on her back, and I saw her fall on the grating of the kennel—the prisoner knocked her down once, and she fell on her back—I did not see the whole of the scuffle—I was in-doors—I cannot say whether Ware was one who tried to force the door—they were all three standing at the door—there was nobody else there at that time.
MR. PAYNE. Q. What are you? A. An unfortunate girl—I keep the house, and live in it—Mrs. Lehmen lives next door to me—she keeps the house herself—no girls live there that I know of—I lived there myself nearly two years ago, with a young man—I was not married—nobody has lived in her house, for the last six month's, but her husband, who is a sailor, I believe—she has three children—when Ware fell on the grating the left side of her head came against it—she fell altogether on the left side—I did not observe any blood when she got up—two policemen came that night—I have three candlesticks in my house, two tin ones, and an iron one—I did not see Ashton fall down—I did not see all the fight.
MR. HORRY. Q. Mrs. Lehmen's house is not like yours? A. No—one of my tin candlesticks was in the back-room up stairs, a tin one by my bedside, with the candle alight in it, and the other in the cupboard, in the front-room, down stairs—I can swear Ashton never had one of those candlesticks in her hand.
MR. PAYNE to MARY LEHMEN. Q. Up to within a very short time was not your house like the rest in the court? A. No, I never had but one female lodger in my life, that was Smith—I did not know whether she was married—I did not ask the question—my house has never been used as a house of ill-fame, while I have kept it.
MARY ANN GARRETT . I am a widow, and live at No. 8, New-court On the 6th of April, about twelve o'clock at night, I heard a noise, and opened my door—I saw the prosecutrix, and two men knocking at Mary Smith's door, No. 4—they said if the door was not opened, they would break it open, and accordingly they did—the two men and the prosecutrix went in, and made a piece of work with Ashton—I did not see Ashton at the door the prosecutrix and the two men went in—I saw Ashton come to the door afterwards—the prosecutrix said if she came out she would beat her—Ashton said nothing, but went in-doors, and told them to go away, for she would not come out at all—the prosecutrix used very low language indeed—the prosecutrix hit the first blow—that was after Ashton told her to go away—they both came out, and both fought like two men—I saw them fall twice on the grating, about a yard and a half from the house—I did
not see all that took place—on the following morning I saw Mrs. Lehmen washing her door—there was blood opposite her door, and on the window-frame, about a quarter of a yard from the fastening of the shutter—there was no weapon in any one of their hands during the scuffle—I have not had any quarrel with Ware—I never saw either of them before.
MR. PAYNE. Q. How long have you lived at No. 8? A. Two years—I never saw Ashton to take notice of her—my house is nearly opposite hers—I keep lodgers, the same as No. 4, and all of them—they are all much upon one plan, I believe, but I do not go into their houses to see—they both fell on the grating twice—they then got up in the corner, and Heels pulled Ashton's hair, and she said, "Let go of my hair"—they both fell three times—I did not interfere.
COURT. Q. Did you go out, or see all this from your window? A. It is not above three or four yards from one house to the other—I went out when I saw them fall down.
MR. PAYNE. A. Did you see Ashton's young man there? A. There were so many there, I could not see who was there—I thought they broke the door open—I did not see Ashton's young man inside—the first blow was struck by Heels—Ashton was outside them, and told her to go away—I cannot say I saw the beginning of it, for the mob was so great.
ANN LOWING . My husband is a sailor. I live at No. 10, New-court—on the 6th of April, about twelve o'clock, I was sitting by the fire-side with my child in my arms—my husband knocked—I went to the door, and saw Ashton, and two sailors coming down the court, followed by Heels, and a sailor—Ashton called out for her landlady to open the door-Heels said to the two men, "If she don't come out, or bring the man out, we will break the door open"—immediately the two sailors, and Heels together, broke the door open—I saw Ware strike Ashton over the threshold of her own door—she was just inside the door—that was the first blow, to my remembrance—Ashton did not return it at that time—I picked up a handkerchief belonging to Ashton, which I saw Ware tear off her—Ware came over to me, and told me the man who was with Ashton struck her in the fore part of the day, in a public-house—I told Ware several times to go home, as she was in liquor—she used a bad expression, and said she would not go home, nor leave the place, till she had satisfaction of one or the other.
MR. PAYNE. Q. Is your house the same kind as the rest? A. Yes, four rooms in each house—there are no young men and women lodging in my place—I saw Ware fall once or twice, on the iron-grating—Ashton fell at the last—I am certain she fell once, if not more—I have been married two years—I was married at Shoreditch—my husband was in the employ of Mr. Butling, of Idol-lane—I occupy the whole house—I have no children, but an orphan whom I have kept these three years—I have not used the house as a house of ill-fame since I have had it.
SUSAN RAMSAY . I am married to a sailor—he is at sea—I live with him when he is at home, at No. 1, New-court. About a quarter before twelve o'clock I had just come from the Pavilion Theatre, and was standing at my own door—I saw Ware coming down between two young men, sailors, laying hold of each arm—they went to No. 4—I heard her use a very bad expression, and say, if the female did not send the man out, she would either break the window or burst the door in, and she got the two men to burst the door in—she made use of very ill language—she said if
she did not send the man out she would have her b——life—I saw the landlady of the house standing there, in her bed-gown, without any candle—the door was forced open twice by the two sailors—I saw every thing that happened—the prisoner had got in-doors about two or three minutes before they came up—when they forced the door open Ware struck Ashton over Mrs. Smith's shoulders—Ashton did nothing on that, only persuaded her to go home—she did not return the blow for two or three minutes—Ashton told her to go home, and if she wanted to fight to fight in the morning, when she was sober she would fight with her as much as she liked—when Ashton came out she gave the first blow in her own defence—Ware struck two or three times before Ashton offered to return it—she said if she did not let the man come out she would have her b—life—I saw the fight—they both fell two or three times by the grating before her head was cut—there was nothing in Ashton's hands, I can safely swear—when they got into the corner Ware had her head stooping, and said, "I will not fight any more, I am too drunk, and my head is cut"—she fell close by the shutter—that was before she cried out, "My head is cut"—some blood came on my hands and apron as I went to try to part them—I can give my oath that there was no weapon in the hands of either.
MR. PAYNE. Q. How long have you been in the neighbourhood? A. Nearly two years—they rail me nothing but Mrs. Ramsay or Susan—I am an unfortunate girl on occasions—I have been so about two years and eight months—I go to the Pavilion when I have people to treat me—I do not walk any where—I have been married to Ramsay a few months—when Ware said "My head is cut," she was in the corner between No. 5 and No. 6—I did not see that Ware was the least in liquor when she came down between the two sailors—the sailors went-away afterwards—they were there when the fight was, standing laughing at them—Ashton's young man was in-doors—I do not go by the name of "Dirty Suite"—I am called so—I have heard it very often—I went down to the Magistrate's, but they would not admit us—we offered to give evidence if they would admit us—I said I was quite capable of saying what I saw—I did not offer to give evidence to any one at the office.
MR. HORRY. Q. Did you and the other witnesses all attend at the police-office? A. Yes, on four Saturdays, every time she was brought up, and we could not get admission—we did not know who to apply to to get in—Lester was not there for ten minutes or a quarter of an hour after the fight began—Barry came down the second time the door was burst open—I saw Lester go up to one of the men, and say, "You come away—if the policemen come down, they will swear house-breaking against you."
MR. PAYNE. recalled
RICHARD BARBER . About an hour after I had been to the hospital, I and the sergeant examined the window-sill and iron of the shutters of Lehmen's house—it was about one o'clock, just as I came from the hospital—I searched for the candlestick at the same time in the cupboard of the front parlour—there was one candlestick, and a candle in it; in the room, but none in the cupboard—there was not a drop of blood on the sill or iron—I saw some close by the door of No., 4—that was the only place where I could see any blood.
MR. HORRY. Q. A candlestick might have been in the cupboard at the time of the scuffle, and removed? A. Yes—I only looked into that room—I did net examine the premises next morning—I
came back that night to search for the candlestick, as I was told it had been done with a candlestick—I examined the window fastening and the sill, as they said in the court she must have fallen against the shutterhook—Smith said so—I saw no blood there—I could not make the examination till I came back, as I had the prosecutrix to attend to, and she was bleeding so much.
MR. PAYNE. Q. When was it Smith suggested that it was done against the shutter-fastening? A. When I came back from the hospital to search for the candlestick.
MR. HORRY. Q. Where did Smith tell you so? A. At her own door.
GEORGE WILLIAM GRAVE re-examined. After going to the hospital I went back to the court with Barber—I went into the room when he searched for the candlestick—I accompanied him to examine the window-sill and iron—I examined the iron most particularly with my lamp—there was not the slightest symptom of blood on it—I can speak more correctly about the iron than about the window sill—my memory almost fails me respecting the sill, as there was no mention made of it then—I observed blood near the door of No. 4, straggling right up the court.
NOT GUILTY .
Fourth Jury, before Mr. Common Sergeant.
1580. WILLIAM HENRY FLOWERS, GEORGE YOUNG , and WILLIAM HUMPHRIES , were indicted for feloniously breaking and entering the dwelling-house of Isaac Keevil, on the 11th of April, at Hanwell, and stealing therein 1 coat, value 2l.; 2 pairs of trowsers, value 18s.; 2 waistcoats, value 12s.; 1 scarf, value 5s.; 2 handkerchiefs, value 2s.; 1 sheet, value 4s.; 1 counterpane, value 5s.; 3 shirts, value 6s.; 2 pairs of gloves, value 3s.; 2 chisels, value 2s.; 1 pair of shoes, value 3s.; 1 plane-iron, value 1s.; 12 gimlets, value 1s.; 3/4 lb. weight of tea, value 1s. 9d.; 21bs. weight of sugar, value 1s.; 3/4 lb. weight of butter, value 9d.; 1 knife, value 3d.;1 snuffbox, value 6d.; 1 sovereign, and 6 halfpence; his goods and monies.
ISAAC KEEVIL . I live at Twyford-lodge, in Han well-park, near Ealing. On Thursday, the 11th of April, I left my dwelling-house, about one o'clock in the day, and left the articles stated in the indictment all safe, and the house locked—I returned after six o'clock, and found the door bolted inside, when I went to unlock it—I went round to the back, found the yard gate broken open, and the window broken open, by which they had entered a little room, and then broken a door open, which leads to the inner part of the house—they broke part of the brick-wall to open the door—I went in, found the drawers broken open, every thing in confusion, and all these articles gone (examining them)—they are all mine—I found a boy's dirty shirt left there, and ft handkerchief, with some mess in it—I know Young.
WILLIAM COWDY . I live at Twyford-abbey. I was going from dinner on the 11th of April, between one and two o'clock, and saw three young lads coming down, they turned the same way as I was turning—I saw no more of them till they came back, a little before five o'clock—they went in a direction from the prosecutor's then—but when I first saw them they were also going from it—they were about a mile from the house at five o'clock—I know Flowers is one of them—I cannot be certain of the others—one was rather bigger, and the other rather smaller
than the other two—I cannot say they are the men—I have seen Young once before, but cannot say whether he was one of them—I know Flowers by sight, and by his face.
Flowers. We were nearly three-quarters of a mile off when he passed us.
THOMAS COWDERY . On the 11th of April I was going from dinner to work, with Cowdy—three young lads passed us—I believe Young and Flowers to be two of them, but I did not take particular notice of them—I told them not to go out of the foot-path—I was very busy at the time, with a piece of timber on a barrow—I told the Magistrate I thought Flowers and Young were two.
JAMES READ . About eleven o'clock this day-week I was in Harrow-road, near Harlesdon-green, about a mile and a half from Keevil's, and saw the prisoners going along the road together—I knew them well before—I saw them all three come back together at six o'clock in the evening, and Flowers had a parcel.
Young. It is quite false, he never saw me at all.
WILLIAM BENHAM TOMLINSON . I am a pawnbroker, and live in Upper George-street, Marylebone. I have a suit of clothes, pawned on the 12th of April, for 14s., by the prisoner Flowers, who said he bought them from his father—I have also a counterpane and sheet, pawned the same day by Humphries, for 7s., in the name of Frederick Lee, for his mother.
WILLIAM LYNES . I am a policeman. In consequence of informati, on the 12th of April, I traced the prisoners as far as Paddington, and in Bell-street took Flowers—he said he knew nothing" about it—I took him to the station-house, and found 7s. 10d. on him—I said the neckerchief he had on was like the one lost—he said it was the handkerchief, and as he was taken into custody, the other two should be taken—he did not tell me any thing—this is my hand-writing—(looking at his deposition)—I cannot read this—he told me something about somebody being drunk at a public-house—I did not take the other prisoners—the name is cut out of the handkerchief.
ALFRED BLUNDELL . I am a policeman. On the 12th of April, after the prisoners were locked up, they were all three put separate—Humphries called out to Flowers, "What have you done with the two keys?"—Flowers said, "I have thrown them away"—Humphries said, "That is right; what have you done with the snuff-box?"—Oh!" he said, "I gave that away"—"That's right," said he—Flowers then said to Humphries, "What have you done with the scarf?"—"Oh!" he said, "that's all right enough"—he said, "What have you done with the shaker?"—he said, "Do you mean the dirty one?"—he said, "Yes'—"Oh!" he said, he gave that away—Humphries said, "What have you done with the knife?"—he said, "I have got that in my pocket"—I told the sergeant, and went and found a knife in Flowers's pocket, which the prosecutor identified.
and apprehended Young lying on the table, drunk—I told him I took his for a robbery at Twyford-lodge—he said he knew nothing about it—I said, "These new shoes you have on your feet, I have no doubt are the produce of the plunder"—I put him in a different cell to Flowers, and in consequence of the conversation we afterwards heard, I found a knife in Flowers's pocket—I did not find out where he got the shoes.
ISAAC KEEVIL re-examined. The clothes, handkerchief, and knife are all mine—my house is about seven miles from London—I have seen Young before—I had no money in my house but a sovereign, and that they took away.
Flowers's Defence. The other two prisoners are innocent, I am guilty.
FLOWERS*— GUILTY . Aged 17.
YOUNG*— GUILTY . Aged 15.
HUMPHRIES— GUILTY . Aged 17.
Transported for Ten Years.
1581. WILLIAM HILL was indicted for breaking and entering the dwelling-house of Thomas Bowskill, on the 19th of April, and stealing therein, 1 pair of boots, value 4d.; 1 razor, value 1d.; and 1/4 lb. weight of brass, value 1d.; his goods.
THOMAS BOWSKILL . I live in Castle-lane, Westminster. It is not my dwelling-house—I am an appraiser, and live in a room attached to a warehouse, but separated from it—it lies behind—it is a sleeping-room, partitioned off from the warehouse—I left the room about six o'clock in the morning of the 19th of April—I returned about eleven o'clock at night, opened the door, and found something in my way—I procured a light, and found the room all in confusion—the outer door was safe, but they had broken through into the warehouse, and from there through a door into my place—I missed a pair of old boots, a small quantity of copper and brass, and a razor—there were things of more value there—there was a good great coat and my bedding—these are the boots, the razor, and brass (looking at them.)
Cross-examined by MR. PHILLIPS? Q. Could you sell that brass for 1d.? A. I think I might, as old brass—boys are in the habit of larking and playing about this place—this might arise from their larking about—I did not wish to prosecute.
ROBERT SUTTLE . I am a policeman. About seven o'clock on this night I saw the prisoner come down Great Chapel-street, into Orchard-street, with something in an apron—he went into a shop, came out, went down Cooper-street, and turned to the left—I went and asked what he had—he said "A pair of boots"—I said, "Whose are they?" he said, "My own"—I said, "Where did you get them?"—he said, "I bought them of a man in the street"—I took him to the station-house, and found the other things on him—he was discharged that night, as I could not find where they were taken from, but the property was detained—he was taken again on the Monday—I went to the place, and found the door broken through from the warehouse.
Cross-examined. Q. Is it not a place where a great many boys play about? A. I believe it is—I do not know that they are in the habit of tormenting the prosecutor—the door was not broken open by play, I am certain.
COURT. Q. How are you certain it was not done in play? A. The bedstead stands against the door, and it must have been shoved with violence
to get it open, and the door which was broken, appeared to have been papered over, to keep the wind out—there were wheels and things in the warehouse against the door, and they must have been moved—I found no marks of violence.
NOT GUILTY .
HENRY SQUIRES . I am in partnership with Elizabeth Oldham, a grocer in Hackney-road. The prisoner was in our service for two months—on the 11th of April the cash-box was up stairs in my bed-room, there was 34l. in it in gold—I missed from it seven sovereigns, and some silver, next morning—I cannot swear to the quantity of silver—I missed some half-crowns, I should say ten or twelve—I had in all 38l. 10s.—on Wednesday night I counted it, and put 2l. 10s. into it, making 41l.
Cross-examined by MR. PHILLIPS. Q. Had the prisoner left your service on the Wednesday? A. No—I did not count the money on the Tuesday—she had not left the house on the Tuesday—she was out one day, either Monday or Tuesday, I cannot be certain which, but not on Tuesday, to the best of my recollection—she went out on the Wednesday—I counted it about 11 or 12 o'clock—my household consists of my wife, my brother and sister, and a servant girl—I have a shopman—he goes into the house to meals—I had a little bag with silver in it—one for gold and another for silver, as the partition in the box would not hold all the silver—there was 5l. or 6l. of silver loose in the box, and there was more in a bag—I only counted the gold—I cannot exactly say how much silver there was—I do not recollect telling the Magistrate there was about 12l. is silver—he asked me how much there was—(looking at his deposition)—this is my name—I told the Magistrate there was 12l. in silver altogether, in the box and in the bag, but I did not miss the silver from the bag; the money I missed was out of the box—I only referred to that—I mentioned my loss, before the policeman came, to the shopman and my brother—I had counted the gold the day before, in the presence of my brother, and there was none missing—I remember the prisoner coming home the day she was taken into custody—she was up stairs about a quarter of an hour or twenty minutes before the officer came—I did not see her searched—my cash-box was locked, and I found it locked—I told my brother I had lost seven sovereigns and some silver—my brother was at the office, but the Magistrate said he was not considered evidence—I did not ask my shopman if he had found any money the day before—I asked him if he could recollect whether I had paid any away—I was certain in my own mind that I had not, but I thought I would be doubly sure in a case like this—I asked him directly after I missed the money—it is a very bad lock to the box—it might be opened with a bit of wire or something—I never noticed any marks of violence on it, but I did not look—I generally kept the key of the cash-box on my person, but sometimes left it in my coat pocket, hanging in the room—I missed the money before the policeman came.
ELIZABETH OLDHAM . I live in Hackney-road, Shoreditch—the prisoner was in my service. On Thursday, the 11th of April, she asked me to go up stairs—she was up stairs from a quarter of an hour to twenty minutes, when the policeman came, and I went up stairs after he was gone with her
to the police-office, and found she had done no work at all—she was in the room where the money was kept.
HENRY WILLIAM DUBOIS . I am a policeman. On Thursday, the 11th of April, I went to the prosecutor's house, and saw the prisoner—I asked her if she had got any money—she said, "No, not a farthing"—I said, "Turn out your pocket"—she said, "I have not any"—I said, "Be cautious, I shall have you searched"—she made no answer—I sent her to the station-house while I went on other business—when I returned I had her searched—the sergeant produced to me a parcel of rags tied round with string—I cut it open, and found seven sovereigns and thirteen half-crowns in it—I said, "How is it you have got so rich all at once?"—"Oh," she said, "I picked it up in the park."
Cross-examined. Q. What did you ask her first? A. What had become of some other property that was missing—she said she did not know, she had not had it—I then asked her if she had got any money, and if she had any duplicates—she said no—I asked her if she had any money at home—I went to her home and searched, not particularly for money, but other property, but found nothing—the rags were sewn together in the shape of a "bustle," and tied up, and the thread quite clean—I asked if any one saw her pick it up, and said, "Did you tell your mother and father?"—she said, "No; my father and mother, walked on before, and I did not like to tell them."
JANE JOHNSON . I am a searcher at the station-house. I searched the prisoner—she put her hand under her dress, unloosened her clothes, and something fell down—I said, "There is something fallen"—she said, "Yes, it is my bustle"—I said, "I must see what is in it"—she said, "Oh, it is my own money"—I said, "The police must see it"—she said, "I will let you see it; I put it there, because I did not wish my mother to see it"—she said she had found it at Chelsea, and then said, "No, not at Chelsea, I found it in the Park."
Cross-examined. Q. Have you told all you found? A. Yes—she had no pocket, nor any thing; it was tied round her waist with a string—I cannot remember whether I found a key on her—I gave the policeman all I found—I gave the policeman the bustle, and she told me there was money in it—I did not find any picklock or wire or any key—the bustle was sewn up carefully, and twisted round with a string—that would take, I should think, ten minutes or a quarter of an hour.
(The prisoner received a good character.)
GUILTY . Aged 16.— Confined Nine Months.
1583. GEORGE POLLOCK and WILLIAM EMERSON were indicted for feloniously breaking and entering the dwelling-house of Christian Pfestarar, on the 14th of May, at St. Botolph-without-Aldgate, and stealing therein 1 coat, value 2l.; 1 handkerchief, value 3s.; 2 watches, value 3l.; 1 watch-chain, value 1s. 6d.; 2 seals, value 3s.; 1 watch-ribbon, value 6d.; 2 watch-keys, value 6d.; 1 watch-guard, value 1s.; and 1 piece of foreign silver coin, called a thaler, value 2s. 6d., the goods and monies of the said Christian Pfestarar.
I left my house at six o'clock on the morning of the 14th of May, all safe, and locked the doors—my bed-room door was locked with a padlock—the things in the indictment were all safe—one watch hung over the bedstead—when I returned, about seven o'clock the same morning, the front-door and the back window were open, and the officers had got the thieves—this is my property—(looking at it.)
Cross-examined by MR. PAYNE. Q. What countryman ate you? A. A German—I locked the front-door, and took the key with me—I fastened the back-door.
Cross-examined by MR. DOANE. Q. Have you no other Christian, name? A. No—my name is spelt Pfesterer.
WILLIAM HENRY WOLLIN . I am a policeman. About half-past six o'clock in the morning I received information, and went to the prosecutor's house, which is in the parish of St. Botolph-without-Aldgate, and Prentis knocked at the front-door—Snow staid there—I went round to the backdoor, waited a minute or two, and thought I heard somebody coming down stairs—I looked through the key-hole, and saw the two prisoners—I immediately burst the door open—they made their escape through the house, shutting the front-door after them—I opened it, and found Emerson in the custody of Snow—I pursued Pollock, and found him at the bottom of Harrow-alley, in custody of Prentis—I took him towwrds the station-house, and at the corner of Castle-street Pollock knocked my hat off, and escaped front me—I immediately pursued him into Petticoat-lane, and when I got within one or two yards of him he dropped a bag, containing four skeleton keys—I took him to the station-house, and found a chisel in hit pocket—I afterwards returned to the house—the prosecutor opened the door—I found a bundle in the passage, containing this handkerchief and coat—I found the bed and bed-clothes strewed about in all directions—I found a lock which had been forced.
Cross-examined by MR. PAYNE. Q. Where did you take Pollock? A. In Petticoat-lane—I was not two yards from him when he dropped the bag—I did not know him before, but I knew Emerson—the bag was picked up in my presence, and given to me by a person who is not here—I found no property on Pollock.
Cross-examined by Mr. DOANE. Q. What lock was broken? A. The padlock of the bed-room door—there were three dogs in the house, a small Newfoundland puppy, and the others mongrels, no house dog—they could have got into the bed-room if the door was open—they were loose, and in the house.
THOMAS PRENTIS . I went with the policeman, and saw both the prisoners burst out at the front-door—Snow collared Emerson, I ran after Pollock—a man stopped him sixty or seventy yards off—I overtook him, and Wollen took charge of him.
Cross-examined by MR. PAYNE. Q. What are you? A. A porter at the Bull and Mouth—the man who stopped him held him till the officer came up.
(Property produced, and sworn to.)
(Lewis Nathan, general dealer, Sandys-row, Bishopsgate; Henry Marks, silver refiner, Sandys-row; Robert May, milkman, Quaker-street, Spital
fields;—Mander, Sale-court, Bethnal-green, gave Pollock a good character.)
POLLOCK— GUILTY . Aged 29.
EMERSON— GUILTY . Aged 30.
Transported for Ten Years.
1584. THOMAS COATS was indicted for burglariously breaking and entering the dwelling-house of John Bradford, about ten in the night of the 11th of May, at St. Bridget, alias St. Bride, with intent to steal, and stealing therein, 1 time-piece, value 10s.; 1 tea-caddy, value 25s.; and 1 sugar-basin, value 8s.; his goods.
JOHN BRADFORD . I am a paper-hanger, and live in Bride-lane, Fleet-street, in the parish of St. Bridget, alias St. Bride—it is my dwelling-house. On the night of the 11th of May, at five minutes after ten o'clock, I was sitting in the kitchen with my wife—the kitchen door was shut—the parlour shutters were not fastened—the window was quite whole, and shut, and the sashes fastened—my wife hallooed out, "Thieves"—I immediately jumped from my chair, ran along the passage into the street, turned the corner opposite my house, and saw the prisoner running up the lane towards the steps of the church passage, where he dropped the time-piece—I followed him through the passage, and saw him turn down the avenue towards Fleet-street, and turn again up Fleet-street—he was making for Shoe-lane, and when he got on the pavement he went towards Water-lane—I called, "Stop thief," and saw a tall gentleman stop him at the corner of Water-lane—I got up and collared him, and directly after the officer came up and took hold of him—I am quite certain he is the man I saw drop the time-piece—it had been on the chimney-piece in my parlour—he must have got in by a false latch or plyers—he must have entered the house to get it and open the parlour door—this is my time-piece—(looking at it.)
Cross-examined by MR. DOANE. Q. Where were you sitting when your wife alarmed you? A. By the side of the kitchen fire, adjoining the parlour, on the ground-floor—it is a private house—I had been sitting there about half an hour with my wife—there were lodgers up stairs—I had left the parlour ten minutes before, all safe—I closed the parlour door myself, and was the last person in it—I went in to put some papers away—the lodgers might have access to the parlour, but I should have heard them—it is only a wooden partition, which is so thin I could hear any one in the parlour—there is a street door to the passage, and then the parlour door—the kitchen is beyond the parlour—my wife and I heard the noise both at the same time, but my wife saw them—we heard the snapping of a lucifer match—we did not hear the prisoner go into the room, but my wife saw him leaving the passage.
FREDERICK HATLEY . I am in the employ of Mr. Wardour, a fish-monger, in Fleet-street. I was going down Bride-lane on this night, and heard the cry of "Stop thief"—I saw two or three more people pass me, running—I heard a fall of something, looked down, and picked up this time-piece, which I took to the station-house.
GEORGE BAKER . I am a policeman. I heard a cry of "Stop thief" in Fleet-street—I ran to the top of Water-lane, and found the prisoner in custody of the prosecutor and a gentleman—I searched him at the station-house,
and found a screw-driver, a key, a bag, and a lucifer box, upon him.
Cross-examined. Q. Was there a woman produced as a witness at one examination who was not produced afterwards? A. A woman was there—she was not examined—she said she could not swear to the man.
GUILTY —of Stealing only. Aged 31.— Transported for Seven Years.
NEW COURT.—Friday, May 17th, 1839.
Sixth Jury, before Mr. Recorder.
1585. WILLIAM ELLES and EDWARD TAYLOR were indicted for stealing, on the 8th of May, 2 watches, value 12l.; 1 watch-chain, value 2l. 10s.; 2 seals, value 1l. 10s.; 1 piece of foreign silver coin, called a five franc piece, value 4s.; 3 pieces of foreign silver coin, called one franc pieces, value 2s.; 1 quarter-franc, value 2d.; two hall-crowns; 5 shillings; and 3 sixpences; the goods and monies of William Johnson Suffolk, their master, to which
ELLES pleaded GUILTY . Aged 13.
TAYLOR pleaded GUILTY . Aged 12.
Confined Two Months.
MESSRS. SCARLETT and ELLIS conducted the Prosecution.
ANN RANSOM . I am the wife of Samuel Ransom, of Long-alley, Moorfields. On the 17th of April, about four o'clock in the afternoon, the prisoner came for a quartern loaf, a quartern of cheese, a pennyworth of tobacco, and a quartern of dripping—it came to 1s. 1 1/2 d.—he offered me a half-crown—I gave him the change—he went away—as soon as I saw him go by the window I remarked something about the half-crown—I then rubbed my thumb over it, and found it was bad—I followed him—he turned into Ball-alley—I went back, and left a man in my shop, got a policeman, but could not find the prisoner—the half-crown was in my left hand—I then put it on a shelf till my husband came home between six and seven o'clock, and then gave it to him—I am positive it was the same—the prisoner came again near upon eight o'clock on Sunday evening, the 21st of April, for a halfpennyworth of tobacco—he paid a halfpenny for it—he then asked for a penny box of matches—he said he had got but a halfpenny—I took them away—he said, "Don't put them away, I will have change for half a crown"—I told him he had better not change half a crown for a box of matches—I recollected his person—I saw the half-crown was a bad one, and gave it to my husband—he gave it back to me directly—I went with it in my hand for a policeman, and when he came I gave the half-crown to him.
SAMUEL RANSOM . On the 17th of April, my wife gave me a bad half-crown—there was a mark just in front of the nose on the head side—it has never been out of my possession since—this is it—I saw the prisoner about eight o'clock in the evening of Sunday, the 21st of April—my wife gave me a bad half-crown then—I told her to fetch a policeman—I gave the half-crown back to her as soon as I looked at it—she fetched a policeman, and gave it to him.
JOHN BROWN . I am labourer at the gas-works, in Rose and Crown-court. On Wednesday, the 17th of April, at four o'clock in the afternoon, I was in my shop, and saw the prisoner pass with a loaf under his arm—he was coming in a direction from the prosecutrix's, about twenty or thirty yards from it.
Prisoner's Defence. I did not know it was bad—the prosecutrix said that on the 15th somebody had passed a bad half-crown, and on the 17th her husband bad taken another—the one I had I had taken the evening before—I am sorry I have been convicted here, and had twelve months' imprisonment; but since then I have done my best to recover my character.
GUILTY . Aged 22.— Confined Twelve Months.
PALMER TONGUE PENN . I am nephew to Mr. Aldous, who keeps the Steam-boat Dining and Coffee-rooms at St. Mary-at-Hill. On the 25th of April the prisoner came in and asked for half a pint of porter—he laid down a shilling, and I took it to my aunt—she gave me the keys to unlock the till—I gave him a sixpence and five-pence in change—he went away—about ten minutes after, I told my aunt I wanted some lump sugar—she said, "Take the shilling off the table"—I took it to Ann Bowdler, who gave it me, and said it was bad—I took it back—my aunt laid it on the shelf—I saw the prisoner again on the 27th—he asked for half a pint of 6d. ale—I went and asked my aunt to come out—she went and served him—I made a communication to her—I knew him to be the same person.
SARAH ELIZABETH ALDOUS . I am the wife of Mr. James Aldous, and Penn's aunt. On the 25th of April I received from him a shilling—I put it on the table—I told him to take it off the table again—he brought it back, I laid it on the shelf in the bar, and gave it to the policeman—it was bent when my nephew brought it back—I am sure the one I gave the policeman was the one I gave my nephew—the one he took away was the one he gave me—on the 27th I was in the back room—my nephew spoke to me—I went to the bar, and the prisoner called for half a pint of ale, which came to 1 1/2 d.—I served him—he put me down a counterfeit shilling—I took it up—I said it was bad—I would not be satisfied, but I took it to a second person, who said it was very bad—I never lost sight of it—it was put back to me directly—I came back—the prisoner gave me a good shilling, and wanted to change it—I said no—I sent to fetch a policeman, and gave him both the bad shillings and the good one.
COURT. Q. Did you notice the shilling before your nephew took it out? A. Yes, I took it into my hand—it deceived me—it was on account of the darkness of the room—I was not very well, and the blinds were not drawn up.
FREDERICK RUSSELL (City police-constable, No. 77.) On the 27th of April I went to the prosecutor's house, took the prisoner, and received of Mrs. Aldous two counterfeit shillings—I searched the prisoner, and found on him 2 1/2 d.—I got from the last witness a good shilling.
Prisoner's Defence. What the boy states is quite false—I was not in the house the first time.
GUILTY . Aged 20.— Confined Twelve Months.
MR. ELLIS conducted the Prosecution.
JOHN BARNES . I am a butcher, and live in St. George in the East. On the 24th of April I was in the back yard, and in consequence of what my wife said I went out, and saw the prisoner with another person in the street—I followed the prisoner into Ratcliffe-highway—he crossed and went into Mr. Staples's, a tobacco-shop—I saw Mrs. Staples weigh him some tobacco—he offered her a shilling, and she gave it him, back—he looked at it, came out, and joined the other person again—the prisoner then went into Mr. Hagmaier's pork-shop, and offered a shilling to Miss Hagmaier—she rubbed it, bent it, and gave it him back—he looked at it, came out, and joined his companion—they went down Old Gravel-lane—I followed, and heard some money chink—I then lost sight of them—I saw them at the station-house in a quarter of an hour.
MART ANN HAGMALER . I live with my father, who keeps a pork-shop in Ratcliffe-highway. On the 24th of April a boy came for two saveloys—he offered me a shilling—I rubbed it, gave it him back, and told him it was bad.
WILLIAM LOWE (police-constable K 58.) I received information from Mr. Barnes—I followed, and apprehended the prisoner and one Gadd—I gave the prisoner to my brother officer, and in going to the station-house I saw the prisoner put his hand into his pocket and take something out—I could not see what it was—I received 7 shillings from Herring.
Prisoner. Q. I could not pull them out of my pocket—if I did, why did not you pick them up. A. I could not—I had custody of the prisoner, and there was a crowd round.
EDWARD HERRING . I live in High-street, Shadwell. On the 24th of April, I followed the prisoner to the station-house—I saw him put his hand into his pocket, and drop something from his pocket—I put my foot on it till some of the people had gone by—I then picked it up, and there were 7 shillings, five in a paper, and two loose—I gave them to Serjeant Harris—I am sure that money had been in possession of the prisoner.
Mr. JOHN FIELD. These are all counterfeit and from the same mould.
Prisoner's Defence I know nothing of the money.
GUILTY Aged 18.— Confined Eighteen Months.
HENRY STONE (City police-constable, No 376.) On the 26th of April, I was in King William-street, and saw the prisoner and two companions disputing with each other about who would pitch next—I heard one say, "I shall not pitch this time, I did last, it is your, turn now"—I know that
meant to tender bad money—I crossed and followed them—they went to Abchurch-lane, and one of the three entered a baker's shop—I waited till he came out and went to the bottom of the lane, where he joined the other two I went into the shop, and made inquiries—the prisoner and his companions then went in the direction of London-bridge—one crossed the road, I and Bowman secured the other two, the prisoner was very restive—I called another officer to assist—in going past Budge-row, he threw himself down near a sink, and endeavoured to get towards it with his head—I caught him by the neck handkerchief, and twisted it, and 7 shillings dropped from his mouth—I picked up three of them, and Bowman picked up the others.
Prisoner You were shoving me along, I was obliged to fall—I asked you to let me walk steady, and you said, if I was restless you would break my b—y head with your staff Witness It is false, I never made use of such an expression—he endeavoured to get away several times.
WILLIAM ROBERT BOWMAN (City police-constable, No 282.) I was with Stone—he took the prisoner—he threw himself down in-Budge-row, and 7 shillings dropped from his mouth—he tried very violently to get his head over the sewer.
JOHN VALE (City police-constable, No 65.) I was assisting Stone—I had hold of the prisoner's right arm—in passing Budge-row, I left him to give a cart room to pass—the prisoner threw himself down near a grating, and 7 shillings fell from his mouth.
Mr. JOHN FIELD These are all counterfeit, and from the same mould.
Prisoner's Defence I went to look for employment—in coming home I picked them up, and put them into my mouth—I met a man who told me of a job on the Croydon railroad—I asked a young man the way there, and the officers took me.
GUILTY Aged 26.— Confined Eighteen Months.
1590. GEORGE M'FARLIN, alias BEDFORD , was indicted for stealing, on the 11th of May, 12 pairs of trowsers, value 6l. 12s., the goods of Francis Bartholomew; and that he had been before convicted of felony.
THOMAS WATSON I am shopman to Mr. Francis Bartholomew, of Fleet-street. on the 11th of May the prisoner came to the shop, and immediately stole a bundle of trowsers that were lashed down to the side counter—he broke the cord asunder, and ran off—he dropped some of them—my employer picked up two pairs on the pavement, just outside the door—I ran after the prisoner, he was stopped with the property—he gave five pairs into my arms—these are them.
Prisoner's Defence I left the House of Correction—I was destitute of friends and money—all that night I wandered about, and the next morning I pawned the silk handkerchief off my neck, on that I lived till that day, and then I was forced to do what I did—my character is lost through my own folly undoubtedly.
GUILTY Aged 32.— Transported for Fourteen Years.
1591. JAMES GREY and SARAH ANN GREY were indicted for stealing, on the 24th of April, 5 combs, value 1s. 8d.; 1 razor, value 4d.; 1 razor case, value 2d.; 8 pairs of ear-rings, value 6s. 6d.; 1 brooch, value 1s. 6d.; and 4 knives, value 2s. 4d.; the goods of John Hughes.
JOHN HUGHES I lodged at Mr..Hutchings, in Old Brentford—I am a hawker. The prisoners slept at the house where I put up on Wednesday, the 24th of April, and I lost these articles—the prisoners were in the house when I came down stairs.
REUBEN HALL (police-constable T 55.) In consequence of information I went in pursuit of the prisoners, in the direction of the Harrow-road—I went to the Swan and saw them in the tap-room—the woman had a basket and a bundle—I asked if they were her property—she said "Yes"—I found three back combs and two side combs in it—I found the razor, four pen-knives, and seven pairs of ear-drops, on the male prisoner—the brooch was in his waistcoat pocket—he said he bought them at some market in London, but he did not know what market.
(Property produced and sworn to.)
James Grey's Defence I bought all these things—I gave 11s. for them—I am a cutler by trade—I can make the knives as well as sell them.
JAMES GREY— GUILTY Aged 32.— Confined Six Months.
SARAH ANN GREY— NOT GUILTY .
MARY ANN LEWIS I am single, and live at Mr. Henry Thomas Worley's chambers, in the Albany. On the 24th of April I went out, leaving the kitchen window close down—I returned at a quarter to four o'clock—it was then partly open, and I missed a knife belonging to Mr. Worley.
ANN RUTT I live in Charles-street, and am the wife of Charles Rutt—we keep an eating-house. On the 24th of April the prisoner came there and brought a knife in his hand—I told him I did not want to buy any thing—a man said, "Look what he has got"—I saw this knife—I said it was a gentleman's knife—it had a crest on it—he said he had bought a dozen of them in the Strand for 35s., and this was the last he had left—I gave him to the policeman.
Prisoner's Defence found the knife, and being out of employ, I went to ask the person to purchase it.
GUILTY Aged 25.— Confined Three Months.
GUILTY Aged 31.—Recommended to mercy.— Confined Fourteen Days.
(The prisoner received a good character.)
JAMES WHITEWAY I am waiter to Mr. Leeds Payne, of the Bath hotel, Piccadilly About half-past nine o'clock in the evening of the 2nd of May I went into a room to look for a spoon—it was dark, but I saw, by the gas shining through the window, the prisoner scrambling over a table—I said, what business had he there—he said he came to show some prints—he took a portfolio from under his arm—I took him down, and said to Mr. Payne, "I brought this man from the room No. 13, and I have missed a spoon"—I left him with my master, and went again to the room—I could not find the spoon—I came down again, and found it in the prisoner's sleeve—it ought to have been in the room where I found him—he seemed very sober, but afterwards said he had been drinking, and did not know what he was doing.
(The prisoner put in a written defence, stating that he was so intoxicated as to be quite unconscious how he got into the hotel, or of any thing which transpired.)
GUILTY Aged 34.— Judgment Respited.
(MRCLARKSON conducted the Prosecution.)
WILLIAM PHILLIPS I keep an oil and Italian warehouse in Struttonground, Westminster The prisoner, Edmund Lewell Wilson, was my traveller, and had to obtain orders—it was his duty to enter them in a book, and cause them to be delivered by Michael Wilson, who was the carman—if Edmund received money, it was his duty to pay it to me immediately—Michael was authorized to receive money when goods were paid for on delivery—here is the cash-book, in which all money received was entered—on the 26th of March Edmund paid me 6s. 6d., as received from Mr. Cracknell, and on the 20th of March here is entered in the order-book, two gallons of pickled cabbage to Mr. Cracknell, but no order for any treacle—if he received an order for pickles and treacle from him, it was his-duty to enter them both—I have never received from him 4s. 6d. for 141bs. weight of treacle—this bill of parcels—(looking at one) is my brother Frederick's writing, except the 14lbs. of treacle, 4s. 6d., which is Michael Wilson's writing, and "Received, E. L. W.," which is Edmund Lewell's writing.
Cross-examined by MR. CHAMBERS. Q. Do you recollect receiving any money? A. No, only by the cash-book and the day-book—I never received any money of either of them without setting it down—I keep those books—sometimes when Edmund used to go round to the customers—if I was in the way and there was time, I called him up to settle, if not, it went over till another day—he gave me a list of those who had paid him—I wrote "paid" to them in my book, and I showed him my entries before I received the money of him, that he might see what he had to pay me—if he paid me 20l. or 30l., he brought in his list of what he had received, and we settled—I looked at the day-book, and if the order had not been carried to the ledger, I
wrote "paid" opposite to it in the day-book, and then enter it in the cashbook—I sometimes did that in his presence—it has never happened in the payment of accounts that money has stood over to be paid by him afterwards—about four years ago he deposited some money in my hands, and I settled his wages with him every quarter, or if it went on to the half year, I considered it as due to him, and paid him five per cent, for it—I have about 120l. or 130l. of his—he had regular wages, but on pickles I allowed a penny a gallon between him and my brother.
FREDERICK PHILLIPS . I am clerk to my brother. This bill of parcels is my writing, except the 14lbs. of treacle, and the receipt—I made the bill from the day-hook—I know nothing about this treacle—I gave the bill to Michael Wilson.
COURT. Q. Had he any authority to deliver any thing which you had not made out the bill for? A. No.
COURT. Q. Was it his duty to consult the book, to see what was ordered, before he sent out goods? A. Yes—if he entered only the pickles, but delivered them both, and gave me the money, I should have been contented if he had mentioned it.
NOT GUILTY .
1596. MICHAEL WILSON was again indicted for stealing, on the 6th of February, 7 1/2lbs. weight of treacle, value 2s., the goods of William Phillips, his master: and EDMUND LEWELL WILSON , for feloniously inciting him to commit the said felony; against the Statute, &c.
WILLIAM PHILLIPS . I had amongst my customers a Mrs. Holland—on the 6th of February here is entered as her order, by Edmund Lewell Wilson, 1 gallon of vinegar, 1lb. of capers, and 2 dozen lbs. of candles—here is no treacle entered—I had no idea that her order included 7 lbs. of treacle—neither of the prisoners had authority to take out any thing that was not in the order—they were prohibited from doing so—the whole of this bill—(looking at one)—is the writing of Edmund Lewell Wilson, except the words in the margin, "half a pound over, and jar," which is Michael's writing—neither of them were authorized to send out any treacle on that occasion.
Cross-examined by MR. CHAMBERS. Q. Who sends out goods? A. My brother—we copy the order from the book on a slate, and the goods are called over before they go out—if neither of us were in the way, Edmund Lewell Wilson would be allowed to make out invoices, but only according to the book—he has done so on several occasions.
FREDERICK PHILLIPS . I made out an invoice of the articles entered in this order-book, on the 6th of February—I gave that invoice to Michael Wilson—I gave no authority to any body to make out this invoice of these things, and the treacle—the invoice I made did not contain the treacle.
Cross-examined. Q. Have you a distinct recollection that you made out the invoice? A. Yes, by reference to the day-book—because here is an order to a person of the name of Head, which I made out at the same time—there is no mark in the book to assist my recollection—twenty-four orders were made out that day, and all sent by the same carman—I am sure that on the day I prepared the bill of parcels for Head, I prepared one for Mrs. Holland, and gave it to Michael Wilson.
my husband's name is James, he keeps a general shop—I gave an order to Edmund Lewell Wilson, a week before the 6th of February, and the goods came in on that day—I ordered 7lbs. weight of treacle, 1 gallon of vinegar, 1lb. weight of capers, and two dozen lbs. of candles—there was half a pound too much treacle—Michael Wilson, who was the carman, brought the goods, and wrote on the bill, "Half a pound over"—he always brought the goods to me—he delivered me this invoice, and on the 13th of February I paid it to Edmund Lewell Wilson—he wrote this, "Received less 10d., February the 13th"—the whole bill was 1l. 2s. 31/2d.—I paid him 1l. 1s. 51/2d.
NOT GUILTY .
1597. MICHAEL WILSON was again indicted for stealing, on the 27th of March, 6lbs. weight of candles, value 2s. 10d., the goods of William Phillips, his master; and EDMUND LEWELL WILSON , as an accessary.
WILLIAM PHILLIPS . I had a customer of the name of Richard Ruffell—here is an order in the order-book to him, on the 26th of March, for 2 1/2 dozen lbs. of candles. one gallon of mixed pickle, 7lbs. weight of oatmeal, entered by Edmund Lewell Wilson, and in the cash-book here is 18s. 2d., received for that order, from Michael Wilson, which tallies with the order—this bill of parcels (looking at one) is Edmund Lewell Wilson's writing—it is for three dozen of candles, one gallon of mixed pickle, and 71bs. of oatmeal, 1l. 3s., and a deduction of 2s., which brings it to 1l. 1s., and Michael only paid me 18s. 2d.
Cross-examined by MR. CHAMBERS. Q. How do you know that Michael paid it to you? A. Because I keep a book, in which I set down the money I receive of him—he receives a great many sums when he delivers goods—I refer to the day-book, to see that they are right, and receive according to the day-book—the writing at the bottom of this invoice, "Paid, 1l. 1s.," is Michael's writing.
RICHARD RUFFELL . I keep a general shop in Duke-street. On the 26th of March, I ordered, of Edmund Lewell Wilson, three dozen of candles, one gallon of mixed pickle, and 71bs. weight of oatmeal—on the 27th of March I received them, and paid this bill to Michael—this is his receipt to it.
M. WILSON— GUILTY . Aged 18.— Confined Eighteen Months.
E. L. WILSON— GUILTY . Aged 24.— Confined Two Years.
Before Mr. Sergeant Arabin.
NOT GUILTY .
CATHERINE MAHONY . I am a servant out of place, and lodged at Calmell-buildings—the prisoner was an acquaintance of mine, and came to see me—I missed my shawl off the chair when she was gone—she did not stay more than two minutes.
GUILTY . Aged 21.— Confined Six Months.
(There was another indictment against the prisoner.)
1600. REBECCA LUKER was indicted for stealing, on the 22nd of April, 2 printed books, value 3s., the goods of Elizabeth Mary Needham; 1 printed book, value 1s. 6d., the goods of Mary Needham; 1 printed book, value 1s. 6d., the goods of Sophia Needham: and 4 printed books, value 4s. 6d.; 2 shawls, value 10s.; 2 handkerchiefs, value 1s.; 1 gown, value 7s.; 1 night-gown, value 2s.; and 1 pencil-case, value 2s.; the goods of Sarah Ann Needham and others, her mistresses.
SARAH ANN NEEDHAM . I am single. I keep an establishment for young ladies at Kensington—the prisoner was my house maid for nearly two months—I was requested by my cook to go into their room, as Rebecca had things belonging to the family—(I had given the prisoner notice to quit)—I examined her box, and found these articles—some of them belonged to my sister and my pupils—they were all under my care.
Cross-examined by MR. PAYNE. Q. Did two printed books belong to Elizabeth Mary Needham? A. Yes, she is my mother—Mary and Sophia are my sisters—three of us are concerned in keeping this school—I heard that the box was the prisoner's—I do not know that I had seen her use it—I had a character with her.
HANNAH TAYLOR . I am cook in the prosecutrix's family. I know the box which belonged to the prisoner—I saw it corded on Monday, the 22nd of April—she asked me if I would convey it out of the house—I asked her why—she said she did not wish her mistress to know of it—I then told my mistress—I saw the box opened, and this property was found in it.
Cross-examined. Q. How long had you been there? A. Six months—I had not had notice to quit—the box was one that the prisoner asked me to sell her, and J sold it her on the 16th of April—there was nothing in it then, except my own things—it was a school-box which I had bought.
(The prisoner received a good character.)
GUILTY . Aged 21.—Recommended to mercy.— Confined Six Months.
Fifth Jury, before Mr. Sergeant Arabin.
1601. JOHN DREWITT was indicted for stealing, on the 20th of April, 5 trusses of hay, value 12s., the goods of William Alder; and GEORGE WARDLE , for feloniously receiving 2 trusses, part of the same, well knowing it to be stolen.
MR. PAYNE conducted the Prosecution.
WILLIAM ALDER . I live at Perrivale. I am a farmer—on Saturday night the 20th of April I had some hay in the barn, and about seven o'clock next morning I missed five trusses, but three of them were left on another part of my premises, away from the barn—two of them were gone altogether—I tracked some hay from the barn, to the foot of the bridge, where it had been thrown down, and a quantity of it was left—it had then
been carried along by a quickset hedge—it was exactly the same quality as my hay—I have not the least doubt it was mine—Drewitt had been in my service—he left me on the Friday night—he had been turning dung, and doing some odd jobs, and I had paid him 11s. 6d.—he was acquainted with my premises—a stranger would not have known where the barn door was, for fifteen trusses of hay were packed up against the small side door, and five of them were gone—they were carried through the large door, which had been fastened with a chain—the parties had got in through the brickwork of the foundation—I had heard Drewitt say he had been at work for Wardle, and on the Monday, when the prisoners were going to the Magistrate, I overtook them—Drewitt asked me to pull up, and said, "Master, I am the d—d rogue—this man is innocent, I stole the hay, he has got a family, and I wish to bear the blame"—Wardle was crying—he made no reply that I heard.
THOMAS COX . I am hay-binder to Mr. Alder—I bound some hay for him on the Saturday night, and locked up the barn—the hay was inside on the right-hand—I saw the hay that the policeman had at the station-house—it was Mr. Alder's, and some of that I had bound—I have a peculiar way of making the bands, and I know it again.
JOHN PASCOE (police-sergeant T 19.) I was on duty in Ealing—on Sunday night, the 21st of April, I went to both the prisoners' houses, with the prosecutor—I told Wardle I took him on suspicion of stealing some hay—he said he knew nothing about it—I asked him for the key of his stable—he gave it me out of his breeches pocket—in his stable I found a truss of hay, which I showed to Cox, and he said the same as he has now—I found a little bundle of hay by the side of the truss, and some loose in the rack, which the horse was eating—it appeared to me to be the same—I asked Wardle if he chose to account for where he bought the hay—he said he could not tell—he afterwards said, "I cannot tell the man's name, but they call him Jem, the Aylesbury boatman"—I then took him—on the Monday he said, "My wife is as good as a witch, she has frequently told me that Jack would some time or other get me into trouble"—when Wardle was crying, Drewitt said to him, "Don't fret, I will take it all on my own shoulders—I took the hay, and I will take care to clear you, as you have a wife and family"—Drewitt said he did not take it from the barn—he saw it, and took two trusses.
Cross-examined by MR. PRENDBRGAST. Q. Did not Wardle give you the key readily? A. Yes, the hay was at the further end of the stable.
REUBEN HALL (police-constable T 55.) I went to visit the prisoners in the cell the morning before they went before the Magistrate—I heard Wardle say to Drewitt, "Mind, I shall know nothing about it," and Drewitt said, "I shall say the same"—Wardle said, "That is right, if we say any thing else we shall be done."
Cross-examined. Q. Where were you when you heard this? A. Close against the door between the two cells—I heard them talking before I got to the door, they spoke rather loudly—they were in two different cells—I do not think they heard me coming—I had not opened the doors when I heard this—I did not go on purpose to listen, but to visit the prisoners—I did listen—I live at the station-house—I put down their words in writing, but I have it not with me—I did not show the memorandum to the Magistrate.
MR. PAYNE. Q. IS it the practice to go to visit prisoners from time to
time? A. Yes, there was only one door between me and each of the prisoners.
(Wardle received a good character.)
DREWITT— GUILTY . Aged 35.
WARDLE— GUILTY . Aged 30.
Recommended to mercy by the Jury. Confined Six Months.
JAMES LLOYD . On the 9th of May, about seven o'clock at night, I saw the prisoner near Mr. Hayes's window, in Farringdon-street, with the trowsers on his arm—I went in and inquired there, came out and followed the prisoner—he dropped the trowsers, and went into Shoe-lane, where the policeman met him—the prosecutor took up the trowsers.
GUILTY .* Aged 21.— Transported for Seven Years.
GUILTY . Aged 19.
GEORGE DAVIES (police-constable C 33.) I met the prisoner on the 26th of April carrying this portmanteau—he was turning out of Oxford-street into Berwick-street—I saw him offer it for sale for half-a-crown—he then went to a pawnbroker's, and offered it there for 6s.—I then took him.
GUILTY . Aged 19.— Transported for Seven Years.
—the prisoner was head-waiter in the strangers' room—I paid him 11s. 4d. for supper.
Cross-examined by MR. BALLANTINE. Q. What time was this? A. After the opera—every member has the privilege of admitting a friend—there was no one there but myself, three other members, and two friends.
CHARLES AGAR . I am steward of the club. The prisoner was head waiter in the strangers' room—he received money, and ought to give it to William Loach, the head-waiter, the next morning, when they balance their accounts—Sir Edmund Antrobus, Bart., is one of the trustees and members of the club.
Cross-examined. Q. Do you hire the servants. A. Yes, if their character is approved—I consult the secretary—there are between 600 and 700 members—the rooms are crowded occasionally—I have had occasion to dismiss waiters, but never prosecuted them.
WILLIAM LOACH . I am head-waiter at the Parthenon. The prisoner was head waiter of the strangers' room—the prisoner did not pay me 9s. 6d. on the 30th of April, or on the 1st of May—Mr. Agar found the bill of it two days after, under the desk.
CHARLES DEWING . I took the prisoner on the 7th of May—I showed him this bill—he said he knew nothing about it—he then said he must have cast it up, as the figures were his writing—he then said, "Yes, I remember it, I took the money for the supper, and did not return it to the head waiter, I am sorry for it."
NOT GUILTY .
JOHN RANSLEY . I am waiter at the Bedford Arms, Leicester-square. About one o'clock in the morning, on the 3rd of May, I was standing at the bar, and saw the prisoner standing smoking his cigar—another waiter came and talked to us, and while we were talking, the prisoner pulled a clog out of his pocket, gave it the waiter, and he gave it to me—I recognized it as my master's, and asked the prisoner to give me the other—he said he had not got it, and tried to get away—we prevented him, and in the struggle these boots fell from him, and we sent for Mr. Picnot—these clogs and boots are my master's.
Prisoner's Defence. I was intoxicated, and was accused of this—if it is true, they must have been placed there by some girl for a joke.
GUILTY . Aged 22.— Confined Six Months.
JOHN TILBURY, JUN . I am the son of John Tilbury—he has partners, and is a coach-maker, in Gloucester-place, New-road. On the 7th of May I received information, and missed a chaise seat-cover—I went out immediately, and followed the prisoner and three other girls to the corner of Hertford-street, where they seated themselves, and one of the girls gave
the prisoner a brass bell-crank, which the pat into her bosom, and in doing so she dropped this cover—I secured her.
MARY HARDY . I was at the first-floor window opposite the prosecutor's shop on the 7th of May, about a quarter before five o'clock—I saw the prisoner and the other girls—the prisoner ran from them into the prosecutor's shop, and took something out of the hind part of a carriage—she put it into her apron, and they all ran away—I gave information.
Prisoner's Defence. It was another girl took it—I had it to carry.
(The prisoner received a good character.)
GUILTY. Aged 10.—Recommended to mercy by the Jury. Judgment Respited.
CATHERINE SUSAN HARRISON . On the 6th of May, about a quarter before twelve o'clock, I saw the prisoner sitting on a window-ledge—I got my dinner, and when I came back I saw the prisoner go and take these pots from No. 2, Nelson-place—he went up Smith's-buildings, took off his apron, and wrapped them up—I told the prosecutor, and the prisoner was taken with them.
(The prisoner pleaded poverty.)
GUILTY . Aged 32.—Recommended to mercy by the Jury and Prosecutor.
Confined Six Days.
WILLIAM COX . I am a policeman. Mr. Carter has an unfinished house at the corner of Paul's-terrace, Islington—I saw the prisoner there between one and two o'clock in the day on the 6th of May—he brought one piece of timber from there, which he laid in the road—he then went and took another piece—I went and questioned him about it—he said he was sent by Mr. Thompson, of Pitfield-street—I made inquiries of some workmen there, and then took him to the station-house—he then said that Messrs. Gabriel and Son had a law-suit about the houses against Mr. Thompson, and that he was in Whitecross-street prison—I inquired, and found it was not true.
Prisoner's Defence. Mr. Thompson sent me for it.
GUILTY .* Aged 40.— Transported for Ten Years.
(There was another indictment against the prisoner.)
JOHN SIMMONS . I work on a branch of the Western Railroad—the prisoner worked with me there—I left a shovel and a grafting tool in a shed, on the 2nd of May, and on the Monday they were gone—the shed was not locked—the prisoner kept his tools there—I found him at work, with my grading tool, about half a mile off—these are my tools—the shovel was at his lodging—he said they were his own.
Prisoner's Defence. Two men who lodge where I do, asked me to go to work with them, and lent me the tool.
NOT GUILTY .
OLD COURT.—Saturday, May 18th, 1839.
Second Jury, before Mr. Sergeant Arabin.
JAMES SURREY . I am a policeman. On the 8th of May I received information, and found the prisoner in George-street, with a pot in her hand, with some beer in it—I asked what she did with it—she said she was going to get a drop of beer—I took her into a public-house, and this other pot dropped from under her clothes.
Prisoner's Defence. As I was going along I kicked my foot against the pot, but never had it in my possession.
(The prisoner received a good character.)
GUILTY . Aged 32.— Confined One Month.
ABRAHAM GEORGE ROW . I am servant to Robert Richardson, a shoemaker, in Shoreditch. On the 3rd of May the prisoner came in with another woman to purchase a pair of shoes for the other woman, and wished to pay for them by instalments—I went to the back-part of the shop to inquire of our young man about it, and while I was gone these shoes were taken—I gave them an answer, and they went out—the boy gave me information—I followed the prisoner, and overtook her, in White Lion-street—she dropped the shoes about three yards before I came to her—I gave her in charge—they are men's shoes—she had parted from the other woman at the end of White Lion-street.
Prisoner's Defence. The other woman took them, and gave them to me when she came out.
GUILTY . Aged 20.— Transported for Seven Years.
JAMES FLINN . On the 4th of May I was sitting by the tollgate, at Blue-gate-fields, and saw the prisoner pull the gown down from the prosecutrix's shop-window, put it under his jacket, and run down the fields as hard as he could—he asked me to take it from him, but I would not—I went in, and told Mrs. Landon—I knew the prisoner by sight before—he got me into trouble last Sessions, about some pictures.
took him in the Commercial-road—he said he knew nothing about it, and that he had been down to the water-side all day—I found 1s. 3d. on him.
NOT GUILTY .
WILLIAM TOWNLEY . I am a cabinet maker. On the 18th of April I was in the shop of Joseph Walker, a pawnbroker, in Tabernacle-walk, and saw the prisoner come to the door, take the pins out of this piece of cotton, loosen it, and walk away—she returned in a short time, took it down, and put it under her clothes—I followed, and took her back to Mr. Walker's with it—she had got about 100 yards.
(The prisoner put in a written defence, pleading poverty.)
GUILTY . Aged 26.— Confined Three Months.
Before Mr. Baron Parke.
1614. FREDERICK LEWIS was indicted for burglariously entering the dwelling-house of Andrew Pfeiffer, about the hour of 9 in the night of the 20th of April, at St. Ann, Westminster, with intent to steal, and stealing therein, 2 pairs of drawers, value 1s.; 2 shirts, value 1s.; 2 handkerchiefs, value 1s. 6d.; 2 pairs of trowsers, value 2s.; 2 waistcoats,; value 1s.; 1 pipe, value 5s.; 1 pencil-case, value 1s.; 1 pocket-book, value 8d.; 1 pair of scissors, value 4s.; 1 brush, value 1s.; and 1 comforter, value 3d.; the goods of John Bernard Henry King: 1 pair of trowsers, value 11s.; and 1 waistcoat, value 5s.; the goods of Charles Robert Schindler: and 2 towels, value 1s. 4d.; the goods of Andrew Pfeiffer.
JOHN BERNARD HENRY KING (through an interpreter.) I am a German. I lived at the Grapes public-house, Old Compton-street—two of my countrymen lived in the same room. On the evening of the 20th of April, between eight o'clock and half-past, I left the room—I locked the door, and left nobody there—when I returned, about half-past ten o'clock, the door was forced open—I missed the articles stated in the indictment, which were in the room when I left it.
PAUL LINE . I am a waiter at the Grapes, Old Compton-street, in the parish of St. Ann. Andrew Pfeiffer keeps the house—the prosecutor lodged there—I recollect a German coming to inquire for the prosecutor twice—I went up at a quarter and at half-past nine o'clock, to see if he was there, and found the door fastened both times—there were two towels I saw my master lent to the lodgers in the room on the Friday, this was Saturday—they were master's.
Prisoner. Q. Could I go into the house without being noticed? A. It must be some one that knew the house well—I never saw you till you were at Bow-street—a German was taken up on suspicion, and discharged—I never saw the prisoner at the house.
COURT. Q. Could he get up stairs straight from the tap-room? A. No, it is a private door—the room is up three flights of stairs—there is
no tap-room, only a parlour—people drink in the parlour and at the bar—a person must pass the parlour and the bar, and go out at the side-door—they could get from the bar up stairs.
CHARLES ROBERT SCHINDLER (through an interpreter.) I lodged with the prosecutor, at the Grapes. I left on the 20th, between six and seven o'clock—I returned about twelve o'clock, and missed a pair of trowsers which I had seen about one o'clock that day.
JOHN GRAY . I am a policeman. On the 20th of April I met the prisoner in Holborn, going towards the City, with a bundle under his arm, a few minutes after ten o'clock at night, about a mile from the Grapes—he had a pipe in his hand—I stopped him, and asked what he had got in the bundle—he said clothes—I asked him what clothes—he said clothes he had bought that day of a Jew—I asked where—he said in Field-lane, which is at the bottom of Holborn—I asked him to show me the place—he said he could not show me the shop—I took him into custody, and found the bundle contained this property produced.
(Property produced and sworn to.)
Prisoner's Defence. I bought them of a Jew, or a German, and gave 15s. for them—I told the policeman so.
GUILTY .* Aged 19.— Transported for Ten Years.
1616. WILLIAM TERRY, WILLIAM SHAW, ROBERT GAZELEY , and THOMAS DENBY were indicted for stealing, on the 20th of April, at St. John, at Hackney, 8 shawls, value 7l.; and 8 yards of silk, value 8l.; the goods of Michael Rock, in the dwelling-house of Robert Scholes.
MR. PAYNE conducted the Prosecution.
JOHN ROCK . I am in the employ of my brother, Michael Rock, as a hawker, and live in Battye-street, Commercial-road. I was out with my pack, on the 20th of April, about one o'clock—I went to the Three Mariners at Hackney—I had my pack with me—it contained sixteen shawls and three pieces of silk—I went into the tap-room, and had a pint of beer and some bread and cheese—I placed the pack on the seat close to me—I fell asleep—I noticed the prisoners in the room, and a great number of people—I noticed one of the witnesses—when I awoke I found my pack in the same place, but not in the same state—I could see some of the shawls, as the paper was not exactly covered over—the pack appeared to have been opened, and I missed eight shawls and two pieces of silk—I gave information to the woman in the bar—I cannot say at what time I awoke—it was day-light—I cannot tell what time I left the house, because I was confused—I got home in the afternoon—I have not found any of the property—it belonged to my brother Michael, and is worth between 10l. and 11l.
Cross-examined by MR. PHILLIPS. Q. Were you in partnership with him? A. I was at all expenses for him, but the property belonged to him—I was not to have any share in the profits, he was at all expenses.
WILLIAM PECK . I live in Wick-street, Hackney—I work among the cows. On Saturday the 20th of April, I went to the Three Mariners, about ten minutes before two o'clock, into the tap-room—Saxton came in two or three minutes after me—I saw Rock there against the window, eating
some bread and cheese, he had a bundle by his side—I saw the prisoners Denby and Gazeley in the room when I went in—the other two came soon afterwards—Rock was sitting by himself—he fell asleep, and then I saw Denby take the bundle from one side of the room to the other—there are divisions in the room where people sit—nobody was sitting where Denby took the bundle to—the other three prisoners all went over to him, and I saw them all take something out of the bundle, they were things like shawls and handkerchiefs—I saw Denby go out of the room once after this—I went out two or three minutes afterwards, leaving the other three prisoners in the room—I did not tell any body what I had seen—I was frightened to say anything—I was afraid they should knock me about—I knew the prisoners by sight.
Cross-examined by MR. PHILLIPS. Q. Was there a landlord or landlady belonging to the house? A. A landlord, he was not in the room—I do not know why I did not tell him—I have known Saxton four or five years, and Brown four or five months—I did not tell of this till I was taken—the policeman came to take us by the Three Mariners—he did not take me—he said he would, and said what for—it was after that I told of the prisoners, at Worship-street, when the policeman went with us, but we were not in custody.
MR. PAYNE. Q. When did the policeman come to you? A. The same night—I first mentioned what I had seen at the station-house on Sunday morning.
JAMES SAXTON . I am almost sixteen years old, and work for William Low, a cow-jobber, of Hackney-wick—I live in Wick-street, with my father and mother—on Saturday, the 20th of April, I went to the Three Mariners, between one and two o'clock—I saw Rock in the tap-room—he went to sleep—I saw all the four prisoners there, and other persons in the room—Rock had a bundle by hit side—I saw Denby take the bundle from one side of the room to the other, and all four of the prisoners went round and took something—I did not see what they did with it afterwards—Denby went out before I left, and had something under his coat—I then directly left the house—Peck, Fosh, Brown, and I came out together, and we went to work—we left the other three prisoners in the room, and did not see them again till they were in custody—I did not tell any body of it, because I was afraid—I knew all the prisoners before—I have worked for Low, and one or other of them, all my life.
Cross-examined by MR. CLARKSON. Q. Who frightened you? A. The prisoners—I did not like to say any thing—they said nothing to me—I was not taken up—I was taken to Worship-street by the policeman—I said nothing about it till then—I have know Peck four years—I went in after him to get a drink of beer—he always has his victuals there—I have known Brown ever since I can remember.
WILLIAM FOSH . I live in Wick-street, Hackney, and am a labourer—I work sometimes for Mr. Low—I went to the Three Mariners on Saturday, the 20th of April, about ten minutes or a quarter before two o'clock—I saw Rock there, and a bundle by his side—he went to sleep, and after that I saw Denby take his bundle to the other side of the room—all the prisoners were there, and they all went round him, but I did not see what they did—I saw Denby go out—I followed him out—I saw his coat, but did not see whether he had any thing under it.
Cross-examined by MR. CLARKSON. Q. Who were you working for at
this time? A. My father—I had been at work on Friday—I had no work on the Saturday—I went to the public-house to get a pint of beer—I was there from about a quarter before two o'clock, till about half-past two—I have known Saxton ten years, Peck seven or eight months, and Brown six or seven years—I live next door to the Three Mariners—the policeman came to me at night, and I went to Worship-street with Peck, Brown, and Saxton—Low said he would be answerable for our coming to the station-house next morning, and we were allowed to go—he took us next morning—I said nothing about the matter till I was at the station-house.
CHARLES BROWN . I am about fifteen years old, and work for my father, but at the time in question I worked for Mr. Goodson, a dust contractor, at Hackney-wick, where my father lives. On Saturday, the 20th of April, about half-past one o'clock, I went to the Three Mariners, to call William Terry to come to work—he worked with me—I did not find him when I first went—he came in about five minutes afterwards—when I first went in I saw Denby and Gazeley—then Shaw came in, and then my mate Terry—I saw Rock sitting by the window, and his bundle by his side—I saw him asleep, and saw Denby get up and take his bundle across the room—I saw Gazeley and Terry go up to him—Shaw did not go near him—I saw Denby, and Gazeley, and Terry, each take something, but not Shaw, that I saw—Denby put what he took under his frock-coat—it was something like a handkerchief or shawl—I staid there about five minutes—Denby came back while I was there, and I saw him take something out, but I do not know what he did with it—I went away with Terry to work—I did not see him have any thing when we got into the yard to work—they all went out, but none of them said any thing to me—I have known them all by sight for a long time—I did not tell any body—I was frightened—I was not taken to the station-house—the policemen did not take us—they asked if I knew any thing about it—I did not like to tell them, as I was frightened, and they said, "Oh, we must take you," but my father said, "You had better not, you shall have him when you want him"—I went to the station-house to see Terry, to see what they did with him, and to tell his father—I was not taken on Saturday night—I went to the justice on Monday.
Cross-examined by MR. PHILLIPS. Q. The policemen did not take any of you four? A. No—Mr. Low said he would be answerable for our coming up in the morning—neither of us went to the station-house that night—I never had a shawl in my possession that night or after—I swear that—I did not put a shawl under a bundle of straw or hay in the yard—I did not see Shaw take any thing from Rock's bundle—if he had done so I must have seen him—he merely looked on, the same as me and Saxton—I am sure of that.
JURY. Q. Where did Terry put what he took? A. I only saw him take it up—I do not know whether he put it back, or where he put it—I made no remark to my companions when this was passing—I was not sitting among the other three but by myself.
JOHN MATE (police-constable N 258.) On Saturday, the 20th of April, in consequence of information, I went with Harper to the Three Mariners about a quarter past ten o'clock at night, which is kept by Richard Scholes—we found Terry and Shaw there, one sitting in a box gambling or something, and one sitting in a corner in another box—I took Terry, and told him it was for robbing the packman—he denied it—I found 3s. 6d. on him—I had nothing to do with the witnesses.
JOSEPH HARPER (police-constable N 136.) I went with Mate to the Three Mariners, and found Terry and Shaw there—I took Shaw—he said he knew nothing about it—I searched him at the station-house, and found 17s. 6d. on him.
JOHN GILLIVER (police-sergeant N 8.) I went, about ten o'clock on Saturday night, into Morning-lane, Hackney, and saw Gazeley standing talking to a woman he lives with—I told him I wanted him on suspicion of a robbery at the Three Mariners—he said, "Very well, I suppose we shall make it all right"—I took him to the station-house, searched him, and found 2s. 6 1/4 d. on him—while I was searching him he said, "You b—, you are two or three hours too late."
WILLIAM FRENCH (police-constable N 151.) I took Denby into custody on Saturday night, the 20th of April, about twelve o'clock—I found him arm-in-arm with two others coming down Wick-street, singing—I told him what it was for—he resisted, and wished to get away from my grasp, but I succeeded in securing him—I found 7s. 5 1/2 d. on him.
JOHN HALL . I am grandson to Robert Scholes, landlord of the Three Mariners. On Saturday, the 20th of April, the prosecutor came to our house about a quarter past one o'clock, and went into the tap-room—he had a pack with him—I went into the room while he was there, and he was asleep—that time all the prisoners were in the room, and several other people—I went in again about half-past two o'clock, and found nobody there but the prosecutor—he was looking at his pack, and complaining of having lost his property.
Cross-examined by MR. PHILLIPS. Q. About how many people do you think there were in the room? A. About a dozen,, working-people—the prosecutor was asleep near the door, on the left hand—my bar is in front—I could see into the room, if the door was open, but it was not—I cannot say how often I went into the room—I was serving—I might have gone in five or six times—the company was constantly changing.
JURY. Q. Were there any persons in the room besides the prisoners and the four witnesses? A. Yes, I believe there were—I do not know who they were—I did not take particular notice—I was absent from the room about a quarter of an hour or twenty minutes.
(Shaw and Terry received good characters.)
DENBY— GUILTY . Aged 19.— Confined Six Months.
GAZELEY— GUILTY . Aged 34.— Confined Four Months.
TERRY— GUILTY . Aged 19.— Confined Three Months.
SHAW— NOT GUILTY .
1617. ANDREW MADGE was indicted for stealing, on the 23rd of April, 1 tea-kettle, value 2s.; and 1 set of fire-irons, value 5s.; the goods of Arthur Skato: and 1 pillow, value 2s.; and 1 bolster, value 2s.; the goods of Peter Augustus Lautour, Esq.
(The original taking of the articles happened at Boulogne, but the property was afterwards brought to England: the Court ruled that the offence was not cognizable under our law, and no evidence being offered the prisoner was ACQUITTED .)
1618. MARY ANN WILLIAMS was indicted for stealing, on the 13th of May, at St. Giles-in-the-Fields, 1 handkerchief, value 1d.; 12 sovereigns, 8 half-sovereigns, 9 shillings, and 6 sixpences; the goods and monies of Richard Richard, in the dwelling-house of Ann Scott.
RICHARD RICHARD . On Monday afternoon last I met the prisoner at a public-house between four and five o'clock—there were several other females in the room—I went with her to a room in a house some distance from there—I do not know which house it was—I was left alone with the prisoner, and went to bed with her—I took my clothes off—I went to sleep about half-past six or seven o'clock—I awoke between three and four o'clock next morning, and found she was gone—the door was fastened on the outside—I believe it was not fastened when I went to bed—I felt in my pocket, and missed 12l. or 14l. in sovereigns and half-sovereigns, and some silver—I got out at the window, and told the constable—I had put my hand into my pocket several times, and felt the money, while I was in the room with her—when I called the constable I was quite sober, and so I was when I went with her—I afterwards saw the prisoner in bed at that house, or another, when I went with the officer, and she had my handkerchief round her neck—the officer found seven sovereigns, a half-sovereign, and some silver, tied in the corner of that handkerchief—I had given her 5s. or 6s., but no gold.
ALICE CAHILL . I let this room to Ann Scott—I do not live in the house, nor do any of my family—it is in the parish of St. Giles's—Scott occupied the room, and the rest of the house is let out to different working people.
GEORGE JOHN RESTIEAUX . I am a policeman—I was in Carrier-street, St. Giles's, on Tuesday morning, between three and four o'clock, and saw the prosecutor get out of the window—he said he had been robbed of nineteen sovereigns—I went and found the prisoner in bed in Ivy-street, and found a handkerchief round her neck, with 3 sovereigns, 8 half-sovereigns, and 9s. 6d. tied up in the two corners of it—I afterwards went to Scott's room and found this cup with some laudanum in it—the door was padlocked outside.
JOHN HENRY WOODS . I am assistant to Mr. Bailey, a chemist in Broad-street, Bloomsbury. On Monday last I sold the prisoner one pennyworth of laudanum—I put it into a cup resembling the one produced—there is laudanum and beer in this cup.
Prisoner. Q. Did not you serve a little girl thirteen or fourteen years old that evening with a pennyworth of laudanum in that very cup? A. It is possible I might—I recollect serving you.
ELIZABETH BELL . I live in Carrier-street, at Cahill's house—Mrs. Scott has a room there—I saw the prisoner in company with the prosecutor, in Scott's room—I got them some gin, and fetched a pot of ale—I did not see the prosecutor drink any of it—nor can I say whether the prisoner drank any—it was seven or eight o'clock—I do not know whether the prosecutor was drunk, for I had been drinking myself.
ANN SCOTT . I rent a room at No. 6, Carrier-street, of Mrs. Cahill. On the night of the 16th of May I was in company with the prisoner, and met the prosecutor at a public-house in St. Giles's—we went home with him to the room, and about five o'clock I left him and the prisoner together in the room—this cup does not belong to me, and was not in my room when I left it.
Prisoner's Defence. He might probably have given me the money, for
he gave me silver seven or eight times, and he might hate given me gold instead—I was intoxicated, and he was not much better.
GUILTY . † Aged 20.— Transported for Ten Years.
1619. GEORGE TIBBEY was indicted for feloniously assaulting Arabella Rigby, on the 9th of May, putting her in fear, and taking from her person, and against her will, 1 pair of boots, value 8s. 6d., the goods of Benjamin Priddle.
BENJAMIN PRIDDLE . I am a shoemaker, and live in Great Carlisle-street, Port man-market. On the 9th of May Arabella Rigby came to my house to look after my child—I let her take it out for a walk, and gave her a pair of woman's half-boots to take to a customer, and a bill with them—I have not seen them since.
ARABELLA RIGBY . I am twelve years old. Mr. Priddle gave me a pair of boots and a paper to take to a customer about two or three o'clock—I went with his little boy, and near the Nightingale public-house I saw the prisoner, who I knew before, with a man named Barnes—I asked the prisoner the way to where I was going with the boots—he went into North Bank with Barnes—he then came running after me, overtook me by the Roman Catholic Chapel, put his arm on my shoulder and said he was a waiter at the lady's house where I was to take the shoes, and that he went to take orders for tea and sugar—he got me up by the Abbey-field, pushed me down, put his hand up the baby's cloak, and took the boots away—I went into the field because he said he was going into the house and that was the way—I tried to keep the boots from him—as soon as he got them he said he was going to see the steamer, and ran away—I saw a policeman afterwards and told him—I ran after him as far as I could—I am certain it was the prisoner—he had a white hat, a brown coat, and blue browsers, and whiskers—but when I saw him before the magistrate he had no whiskers.
Prisoner. When the girl came to my lodging she told my wife I had a white hat, a blue coat, and blue trowsers, and at the office she said I had a brown coat. Witness. I told his wife he had a brown coat—I am sure he had a white hat.
ROBERT M'CARTHY . I am a French polisher. On Thursday week last I was in the Abbey-field, and saw the prisoner there—I did not know him before—he had a parcel in his pocket, and was running down the hill, and the girl after him—I am sure he is the man—he had on a brown coat and white hat—he had whiskers then.
Prisoner. Q. Why not come forward on Saturday before Mr. Hoskins? A. Because I was not taken there.
Prisoner. Mr. Hoskins let me out on my own bail until Saturday, and when I went to Mr. Priddle's house, I was seized by the policeman, who gave these boys money to come forward. Witness. I have had no money to come forward.
WILLIAM JOHNSON . I am fourteen years old. I was with M'Carthy in the Abbey-field, and saw the prisoner with the boots—he put them in his pocket—when he ran down the hill, he had a white hat, a brown coat, and whiskers.
three o'clock, on Thursday week, near the Abbey-field, and saw a man running off in a white hat—I saw Rigby with a baby—she told me what had happened—I ran after him, but was not able to take him—I did not see him sufficient to know him—I afterwards went with Rigby to where she said the man lived—I did not find him there—I saw a white hat lying on the table in the room—I waited outside in the street until one o'clock the following morning, but did not see him go home.
JOHN BARNES . I am a bricklayer, and live in Lisson-grove. Last Thursday-week, in the afternoon, I was with the prisoner—I saw him with a little girl, with a child in her arms, and saw him reading a piece of paper—I have seen Rigby here, but cannot say she is the girl—I thought she was a little bigger, but was not near enough to tell—he gave her the paper back again—I was at No. 22, North-bank, knocking at the door, and he was down at the bottom—I returned with him to the Nightingale public-house, and there he said, "I shall leave you now, I shall go and see my father," and left me—I will not swear whether he had a white hat on—I have no recollection, one way or the other—I think he had not whiskers, but I did not observe particularly—he has worked for me about three years—he never had much whiskers—he had none three years ago, when he first worked with me, but I had not seen him for two months before that day.
BENJAMIN BRITTAIN . I am a policeman. I took the prisoner into custody last Saturday—I told him I took him on suspicion of stealing a pair of ladies' boots from a little girl, named Rigby—he made no reply—he had no whiskers, and they appeared to have been lately shaved off.
Prisoner's Defence. On Thursday I went out about eight o'clock in the morning—I had no white hat on; I had a green coat, light trowsers, and a black hat, which I have a witness to prove—I never had whiskers—I always shave them off on Sunday morning.
GUILTY . Aged 23.— Confined Six Months.
1620. WILLIAM TILLYER was indicted for feloniously breaking and entering a building within the curtilage of the dwelling-house of Barringer Hunt, on the 13th of May, at Harlington, and stealing therein, 7 tame fowls, value 14s., his property.
MR. PRENDERGAST conducted the Prosecution.
BARRINGER HUNT . I live at Harlington. I had eighteen hens and two cocks, which I saw safe at seven o'clock last Sunday night, at roost in a hen-house in the yard in which my house stands—it was locked up—next morning, at six o'clock, I found the lock broken off, and hung on again, and the door broken open—I found six hens and a little bantam-cock gone—after getting over the wall of my yard, I observed some feathers, and there was a short ladder against the wall—I observed a track of feathers near the ladder, which led over the wall into an orchard across a meadow, and there were several feathers dropped through a wheat-field, across the turnpike road, into a pea-field near the prisoner's house—we saw no feathers in the pea-field—we traced footsteps nearly half a mile—the track ended about a quarter of a mile from the prisoner's house—it is loose ground, and I did not try to trace further than out of the wheat-field—I
field—I got a constable afterwards, and searched the prisoner's house—the constable called me into the house after he had gone in, and produced a bag of feathers from behind a box up stairs in the bed-room, and there was a dark lantern on a shelf—I also found some feathers down stairs under the grate, and some in the garden under some rubbish and straw—they were like the feathers of my fowls—two of my fowls had dark blue ends to their feathers, one was a white one, and one very dark, all speckled, and the little bantam cock was red—I observed feathers of all these descriptions in the bag behind the box—the feathers were fresh, for there was quite fresh flesh on them—the prisoner had no fowls of his own—I was present when the constable compared some shoes with some marks in my hen-house, and they fitted—Bray laid hold of the shoe, and put it in—the mark was an inch deep in the dung—he looked at the sole of the shoe before he put it down—the bantam-cock was all red with a double cone—I found feathers of the colours of all my fowls.
Cross-examined by MR. PAYNE. Q. How is the place connected with your house? A. A high wall goes half round the yard, and the rest is paling—my house is in the parish of Harlington—the constable put the shoe into the mark.
MR. PRENDERGAST. Q. Did you observe, before he pat the shoe in, whether the impression corresponded? A. Yes.
THOMAS BRAY . I am a policeman. I went to execute a search-warrant last Monday, at the prisoner's house—I found some feathers in a bag behind a box up stairs, and a lantern stood over it—there were some feathers in the front garden, but I found no part of any fowls—I apprehended the prisoner about seven o'clock—I took his shoes off next morning before the Magistrate, and compared them with marks in the hen-house—they exactly corresponded—the marks were in the hen dirt under the roost—I could see the impressions of the nails—I did not count the nails—the impressions corresponded exactly—I traced feathers into a corn-field, and into a pea-field, and in the pea-field the track of the feet corresponded exactly—there were some smaller nails near one edge of the shoes, and that corresponded—the prisoner has the shoes on now, as he had no others to wear—(the prisoner here produced his shoes from his feet)—these are the shoes, and these are the nails I marked, but the tip has been taken off since—they both had tips, one heel was full with leather, and the other was not, and I could observe that in the impressions—the pea-field had just been newly hoed, and is within one field of the prisoner's house—I compared the marks before I put the shoe on them.
Cross-examined. Q. How far were the tracks in the pea-field from the prisoner's house, a quarter of a mile? A. It might be.
BENJAMIN DRINKWATER . I am a constable. I was present when these shoes were compared with the marks—I am also a shoemaker—I observed marks in the hen-house, which fitted the shoes—the impression was a full one—there were large hob-nails in them—there is nothing unusual in the manner the shoes are nailed—some shoes are made differently to others—they corresponded in size—I compared them in several parts of the track, and should say those marks were made by these shoes.
BARRINGER HUNT re-examined. (Looking at the bag of feathers) Here are feathers exactly corresponding with the feathers of my fowls—here are some red, belonging to the bantam-cock, and some blue, with a white
speck—here are some I picked up under the grate—I am satisfied, to the best of my belief, that these are the feathers of my fowls.
Cross-examined. Q. You are quite certain these two feathers are feathers of your bantam? A. Yes—I think positively these are the feathers which came off the fowls I lost—I do not know that the prisoner's wife is in the habit of stuffing bolsters and pillows—I found no feathers but what I believe to be my own—I could not trace the fowls—we traced the foot-marks on Monday morning.
GUILTY †. Aged 27.— Transported for Ten Years.
1621. EDWARD ATKINSON was indicted for burglariously breaking and entering the dwelling house of Thomas Stroud, at St. Peter upon Cornhill, about three o'clock in the night of the 16th of May, with intent to steal.
THOMAS STROUD . I keep the Spread Eagle tap in Gracechurch-street, and rent the house. On Saturday morning I was awoke at half-past three o'clock by my porter—I got up, and went down stairs to the bar-door, and saw the prisoner getting in at the bar-window from the coach-yard—he pulled down the upper sash, and got over the window—the sash was not fastened, but merely kept up by its own weight—he got over that into the bar—I had left my porter to watch—my till was in the bar—I sent for a policeman, and gave the prisoner into custody.
WILLIAM AYLING . I am a porter. I sat up in the bar to keep watch—I heard the bar-window pulled down and some dogs bark—nobody came in then—I went and called my master, went down again to the bar, and placed myself where I was before—my master came down, and stood in the passage outside—I saw the prisoner come and poll the top sash down, get over the window, and come in a direction towards me—he had passed the till, and was looking round the place—I tapped him on the shoulder, and asked him his business—he said he was very hungry, and wanted to get something to eat.
GUILTY . Aged 21.— Transported for Ten Years.
1622. RICHARD LEAVERICK FARRELL and HENRY HINES were indicted for a robbery upon Hannah Abigail, on the 11th of May, putting her in fear, and taking from her person, and against her will, 1 shilling; 2 sixpences; and 6 halfpence; the monies of William Abigail; and immediately before, and at the time of such robbery, beating and striking her.
HANNAH ABIGAIL . I am the wife of William Abigail, of Lambeth-street, Whitechapel. Last Saturday night, about eleven o'clock, I was walking through Well-close-square with ray daughter—I had 2 half-crowns, 1 shilling, 3 sixpences, and 4d. in halfpence—I am positive I had 1s.—while we were talking about money matters, three young men were walking towards us, and met us—they did not speak to us—I should know one again—that is Farrell—he struck me a violent blow on the side of my head, which knocked me down—I had my money in my left hand—I had not spoken to him at all—I endeavoured to get up, and he knocked me down again—he hit me on the head the second time—my money dropped from my hand the second time—I saw the person who struck me stoop after it had fallen—I did not observe whether he picked any thing up—there is a gaslight in the square—I called, "Police," and he walked away very quickly
—they both went away together—I looked for my money, and found 2 half-crowns, 1 sixpence, and 2 halfpence on the ground, about ten minutes after I dropped it—I did not have a candle to look for it—the policeman came up, and showed a light.
Cross-examined by MR. PHILLIPS. Q. Hines did nothing, and said nothing? A. No—all this occurred at the instant—my daughter and I did not push up against Farrell—I was outside, and my daughter was next to them—I positively swear I did not shove against him—I cannot say whether my daughter did—I did not see her do so—we were not arm-in-arm—we were both against one another.
COURT. Q. Before he struck you did he use any expression? A. Yes—he called me a cow, with a very bad expression—neither of us were in liquor.
MART THOMPSON . I was with my mother in Wellclose-square—she was talking to me about her money—I cannot say whether the prisoners heard that—we met them and another young man—I cannot say whether I pushed against them or not—I had had nothing to drink—Farrell made use of a very bad expression, and struck my mother, and knocked her down, and before she could recover herself, he knocked her down again, and the money fell out of her hand—I cannot say whether Farrell was tipsy—I saw him stoop and pick up some of the money I am certain, but how much I cannot say—I cannot say whether he put it in his pocket—Hines did nothing, but stood there—I went after them, and saw a policeman, who took them.
Cross-examined. Q. Pray are yon a married woman? A. I am not, but I have been living with a young man for two years, the same as if I was his wife—I have not been living with my mother—I lodge in the house of a Mrs. Castle—I only sleep there—I go to slop-work in the day—I was never here before, nor in any court.
COURT. Q. Did you throw any bones at Farrell? A. No—there were no bones in the street that I could throw.
DANIEL SUGO . I am a policeman. I was on duty in Ratcliffe-highway last Saturday night, and heard a cry of "Police"—I pursued a man in white trowsers, and took him—it was Farrell—the women charged him with robbery—he said he knew nothing about it—I found a shilling and two sixpences on him at the station-house—he said that the prosecutrix shoved against him, and he struck her in his own defence.
JESSE TROWER . I am a policeman. I looked about the ground where this happened with a lamp—the prosecutrix pointed out the place—I found no money—the prosecutrix had found some money before I came—I looked all about—the street was dry.
Cross-examined. Q. Did not the prosecutrix, when you came up with the light, look for her money before you? A. She was looking for it—she did not find any in my presence—she told me she had found two half-crowns, a sixpence and a penny, before I came up.
NOT GUILTY .
HENRY TURNER . I live with my brother, George Turner, a silversmith, in Long-acre. On the 25th of April, between eight and nine o'clock in the evening, the witness Cooper came into the shop—in consequence of what he
said I went to the door, and missed a walking-stick, which I had put outside on the stand that day, with a ticket on it, marked, "9s. "
WILLIAM COOPER . I live with my brother-in-law, Mr. Stodhart, in Port-pool-lane, Gray's Inn-lane. I was standing outside my master's door, next to Mr. Turner's, and saw the prisoner and a young man in company—the young man took the stick and gave it to the prisoner, who ran away with it—I gave an alarm, and ran, but could not overtake him—I am certain of the prisoner.
JAMES PURCELL . On the 25th of April I was in Wild-street—I heard the cry of "Stop thief"—I saw a number of people running after a man, with a stick in his hand—I followed him, and was very near catching him, when he threw the stick down an area—I told the policeman where it was, and he got it.
EDWARD MABB . I am a policeman. I saw the prisoner running, with a mob after him—I received a stick from a person in Lincoln-court, which I produce—I caught the prisoner at last, and found this ticket on him.
Prisoner's Defence. I know nothing at all about it—I saw people running—some man stopped me—I was going to meet a friend.
GUILTY . Aged 22.— Confined Two Months.
1624. WILLIAM MARKS and MARY WATKINS were indicted for stealing, on the 14th of May, 48lbs. weight of shot, value 12s.; 7lbs. weight of black lead, value 5s.; 1 bottle, value 1d.; 1/2 a pint of vinegar, value 1s.; 2lbs. weight of candles, value 1s.; 1/2 lb. weight of figs, value 3d.; 4 mugs, value 1s.; 2 shot bags, value 2d.; and 1 halter, value 6d.; the goods of Joseph Needham and another.
The prosecutor's name being Joshua, and not Joseph, the prisoners were
JOSEPH CAMPBELL . I live at High-street, Shadwell, and am a pawnbroker and jeweller. The prisoner had been in my service between two and three months—in consequence of what my wife said, I went down to my kitchen last Wednesday, and found the prisoner there drunk—I said, "Cook, you appear to me tipsy"—she said, "I cannot be tipsy, for I have had nothing to drink"—I had a few friends with me to supper that evening, and I said to her, "You will not be able to cook the supper"—she said "Yes, I shall"—I left her—the same night, in consequence of what my son told me, I had her called up from bed, and asked her where she got the wine and spirits she had concealed in the clock case—she said, "I will tell you the truth, I took them out of your wine-cellar"—I neither threatened nor made her any promise—she was rather more sober then, and knew what she was about—I asked her how she got the key of the cellar—she said she took it from the closet in the parlour, went down to the cellar, took the wine out, and placed it in the clock case—I asked what she meant to do with so much of it—she said she meant to drink it—there were three bottles of port, one of sherry, and three parts of a bottle of gin—I said I did not believe she meant to drink it, but to give it to somebody else—she
said she did not—I said, if she did not say who she meant to give it to, I would send for an officer, which I did.
CHARLES WILLIAMS . I am warehouse boy to Mr. Campbell. On Monday night last I saw the prisoner intoxicated, about half-past eleven o'clock—I went up stairs, leaving her in the kitchen—I afterwards went into the shop and returned to the top of the kitchen stairs, and looked down into the kitchen—I saw her at the clock case with a light—I could not see what she was doing—she afterwards went to bed—I got a key that fitted the clock case, and found five bottles of wine there, and called master.
ROBERT ROACH . I am a policeman. I took the prisoner in charge—she unlocked the clock-case herself, and I found three bottles of port, one of sherry, and a bottle of gin three parts full—I said to her, "How came this here?"—she said she took it from master's cellar, and put it there herself.
MR. CAMPBELL re-examined. She bore a good character—I never saw her tipsy before—I think there is something between her and the groom.
GUILTY . Aged 40.— Confined Three Months.
1626. WILLIAM MAYFIELD was indicted for stealing, on the 12th of May, 1 shilling, the monies of Duncan Sinclair, his master; and JOHN PUGH , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
DUNCAN SINCLAIR . I keep the Duke of Cambridge public-house, in Whitechapel-road. Mayfield was in my service about two years—on Wednesday the 8th of May, Thomas Christmas, who was at work in my cellar, made a communication to me, in consequence of which I went to the cellar—I had my attention directed to a rafter, where I found seven shillings and a half-crown—I was obliged to get on the top of a barrel to reach it—I took it down, Christmas marked it in my presence, and it was replaced in the same position—I communicated with Rutt, the inspector, and showed him the money after the house was shut up that night, and then I found a shilling added to the money—on the following morning, about nine o'clock, I went to the rafter, and all the money was then gone—I took 2l. in silver, two crown-pieces, some half-crowns, and shillings, to Rutt—he marked them on the head, and I on the other side—I then took them back to my house, and placed them in the till, part that day and part the next day—this was on Thursday the 9th—on Friday I found one shilling in the same place—it was one that Rutt and I had marked—the prisoner had access to the cellar, and nobody but him—he went down to tap beer and so on—I left the shilling there—I marked 2l. more on the Saturday, and put into the till—on the Monday morning I looked into the cellar, and found the shilling gone, and no silver there—I looked again in the evening, and found two half-crowns and one shilling—one of the half-crowns and one shilling was marked—on the Tuesday I marked 2l. more, and put into the till—I went to the rafter on Tuesday night, and found three shillings more, and a sovereign, besides the two half-crowns and the shilling.
Cross-examined by MR. DOANE. Q. Was the money marked by Christmas marked the same as you and Rutt marked it? A. No, quite different—the shilling which was found afterwards by the policeman, had been
marked by myself—the shilling found on Pugh was marked by myself on the Saturday, and put into the till with the rest—it was marked the same as the rest—there were a great many marked the same way—I can identify this shilling as one I marked—(produced by Rutt.)
MR. CLARKSON. Q. Do you know that shilling? A. Yes, it is one I marked by myself—it was found on Pugh, with 3s. which were marked by Christmas.
JOHN KERSEY (police-constable K 112.) Last Tuesday evening I was called to Mr. Sinclair's house—I went into the cellar, and saw two half-crowns and one shilling—I marked them and left; them, and locked myself in the wine-cellar about half-past nine o'clock—I placed the money between the rafters of the beer-cellar—the wine-cellar has five holes in the doors, through which I could see into the beer-cellar—I looked through those holes, and in about a quarter of an hour saw Mayfield come down, do something to the beer, and go away—he came again about eleven o'clock, went to the rafters where I had seen the two half-crowns and the shilling, put his hands up as if putting something there, and went away again—he did not return again that night—I remained all night locked in the wine-cellar—he came next morning about eight o'clock, and went and looked at the money, but took nothing away—I then went out of the wine-cellar, and found the money still remaining—he returned three times in the course of the day—I remained one whole day and two whole nights in the cellar, and on Thursday morning about seven o'clock he came, went round the cellar, put his hand up to where the money was, and his other hand up also, as if taking it down—I came out, went up to the place, saw the money was all gone, I went up, found the prisoner in the kitchen, and said to him, "I want one sovereign, two half-crowns, and 4s., which you have brought out of the cellar" (as that was the last amount I had seen in the cellar)—he paused, and said nothing—I then said, "I do not wish you to say any thing, or make any observation, unless you think proper"—he said after a short time, "Well, the money is my own"—I said, "If it is, you have no reason to be ashamed of it"—he put his hand into his pocket, and drew out one sovereign, two half-crowns, and four shillings, which I could see by the marks, was the same I had seen on the rafter—I had marked it all myself after they were put there, and there are other marks besides—I produce the money—here is one of the shillings.
Cross-examined. Q. You knew nothing about the shillings till you was them on the rafter? A. Certainly not.
DUNCAN SINCLAIR re-examined. I marked all these shillings, and put them in the till—I marked 6l. in all, in a similar way, on various occasions—I cannot tell when I marked this shilling—I cannot distinguish it from others of the 6l. worth which I marked—part of them I placed in the till, and part my wife—I will swear every one of the 6l. worth was put into the till—my wife put some in, but I gave them to her, and saw her put them in—I gave some to her not to create suspicion—I have three or four tills—we put some in each—I marked money on Thursday, Saturday, and Tuesday—change must be given from those tills to customers—the last money was marked on Tuesday—the policeman left the cellar on the Thursday morning when he detected him—a whole week had elapsed since the first marking—I will swear I put the mark on this shilling—Christmas did not mark any that was found—I have no partner.
(William Noch, a shoemaker, of Darling-place, gave Mayfield a good character.)
MAYFIELD— GUILTY . Aged. Transported for Ten Years.
PUGH— NOT GUILTY .
(The prosecutor stated that his receipts had increased 2l. 10s. a day since this discovery.)
Third Jury, before Mr. Recorder.
GEORGE CRANE . I live at Tollington-park, Hornsey. On the 16th of May I was in Gracechurch-street, and left my gig to step into a shop—when I came out I found the prisoner in custody with my cape—this is it (looking at it.)
JAMES LAWRIE . I am a jeweller, and live in Gracechurch-street. On the 16th of May I saw Mr. Crane's gig in Gracechurch-street about four o'clock—I was at my second-floor window—he drove up right opposite my house, and went into a shop—presently the prisoner came round behind the gig, looked into it, seized the cape by the corner, pulled it gently down, and ran off with it—I opened the window, and called out "Stop him"—he threw it down, and the policeman immediately seized him.
THOMAS OLDHAM (City police-constable, No. 371.) I heard the alarm, and I saw the prisoner coming down the middle of the street with the cape—he was walking, but when Mr. Lawrie hallooed, he ran, and threw it down—I took him and took it up.
GUILTY . Aged 17.— Confined Six Months.
JOHN SIMMONS . I live in Duke-street, Chelsea. The prisoner was in my employ—I gave him 6d. a week to go on errands for me. On Monday, the 13th of May, about eight o'clock in the morning, I sent him with a receipt to Mr. Crabb to receive 26s.—he never returned—I was not to give him any thing for his trouble—I gave him a good breakfast before he went away—I was in the habit of giving him 6d. a week and a breakfast every other morning—he was in my regular employ for any errands I had—he was an inmate of the workhouse, and I am the steeple-keeper of the Church—he was employed to take care of one of the gates of the churchyard—the 6d. a week was for him to bring me orders every morning what I was to do—I receive 26s. for ringing bells on ringing days—there arc ten of us, but I pay the money, and I sent him with a receipt to Mr. Crabb for it—he did not come back at twelve o'clock, and I sent my servant to Mr. Crabb—in consequence of the message she brought me I informed the police, and about seven o'clock in the evening I found the prisoner at the station-house quite tipsy—he said he would not give me the money he had left—all the money but 11 3/4 d. was found on him—he had a sovereign tied in the corner of a handkerchief in his hat, and the silver in his pocket—I never employed him to receive money before.
HENRY KIMBER . I am a policeman. I went in search of the prisoner, and found him at a public-house in King's-road—I followed him into a house in Collingwood-street, and said, "Your name is Whitear?"—he said "Yes"—I said, "You have received a bill for Mr. Simmons"—he said he had received the money and spent, he believed, about half of it,
but he would see him d—d before he would give him that—I found half-a-crown, 1s. 6d., and 1s. in copper in his pocket, and a handkerchief in his hat with a sovereign tied in it.
WILLIAM BROOKBY CRABB . I am a shoemaker, and live in Sloane-street. I am churchwarden of St. Luke, Chelsea. On the 13th of May the prisoner brought a receipt—I gave him a sovereign, two half-crowns, and a shilling, for Simmons, the steeple-keeper—he is employed by me as a gate-keeper—he is not under the control of Simmons, but was taken off his duty to do this—he bore a very good character.
Prisoner's Defence. I had no idea of making away with the money, but a man asked me to come and have something to drink with him, and I got tipsy.
NOT GUILTY .
HENRY GALLIMORE . I am in the employ of Mr. Jenkins,' of Little St. James-street. I saw the prisoner, about nine o'clock at night, on the 16th of May, with a quart pot under his jacket—he came towards me, and saw me noticing him—he turned back and dropped it—there was another man with him, who ran up the street—I took the pot up, went after the prisoner, and saw him stopped in Catherine-wheel yard, without losing sight of him—he said it was not him—I am quite certain of him.
Prisoner's Defence. I stopped at a pump to wash my hands—as I stepped away a man ran by me—Gallimore called out, and I stopped to see what he wanted.
HENRY GALLIMORE re-examined. He did run, and dropped the pot—he was not at the pump—he dropped it in the doorway of a new public-house, not far from a stable—I shoved the door open, and called a man out to stop him, but I did not lose sight of him—he was taken, more than twenty yards from the house, in a yard which is no thoroughfare—I called, "Heigh, you are wanted"—he stopped, and I asked what he did with the pot—he said he was going to some closet down there—I did not think it right—he had an apron on, and carried the pot under his arm concealed, which made me suspect him.
GUILTY . Aged 21.— Confined Fourteen Days.
JOHN GWINNE . I am a seaman, and live in Clifton-place, Finsbury. On the 17th of May I was passing along the corner of Old-street—a person standing there, seeing I was a seaman, said, "Look at this telescope"—I gave him a penny, and while I was doing so I felt a tug at my pocket—I turned round, and my handkerchief was gone—I saw it in the prisoner's hand—he said, "Now, do you wish you may get it, my boy?" so I took no more notice of it—another rascal got hold of me round the body, and took one of my buttons off, but the vagabonds could not get rid of me—I took up my handkerchief—an officer came up—the prisoner ran through the crowd quicker than I could—I said, "Stop thief"—two
gentlemen got hold of him—an officer was close at hand—I was following him with my handkerchief in my hand—I am quite sure he is the boy.
JAMES BRANNAN . I am a policeman. I was in Old-street, and saw the prisoner stopped by two gentlemen—I went up—the prosecutor ran up with the handkerchief in his hand, and charged him with it—he denied it, and said the prosecutor threw it in his face.
Prisoner's Defence. I saw the prosecutor looking through the telescope—he said I put my hand into his pocket, and ran away with it—I did not, for he had it in his hand at the time, and it was never out of his hand.
NOT GUILTY .
NEW COURT.—Saturday, May 18th, 1839.
Fifth Jury, before Mr. Common Sergeant.
1631. WILLIAM BROWN was indicted for stealing, on the 16th of May, 5 handkerchiefs, value 3s. 4d., the goods of Sarah Nott.—2nd COUNT, stating the goods to be four yards of printed cotton; to which he pleaded
GUILTY . Aged.— Confined Three Months.
GUILTY . Aged.—Recommended to mercy.— Confined One Year.
MR. CHAMBERS conducted the Prosecution.
JOHN ROBERT HOLMES . I am a furnishing ironmonger, at Hammer-smith. The prisoner came to my shop frequently—she occasionally took home the things she had bought, and they were entered to her credit—she used to run an account, and sometimes fetched the articles herself—we sell patent candles—she came there on the 12th of April—she said she was to meet a friend there—she bought a small article, and then she stopped in the shop some time—after she left the shop I missed these candles—I pursued her, and found them in her reticule—I thought I saw the paper sticking out—I gave her into custody—there were about three pounds.
Cross-examined by MR. CLARKSON. Q. She could have credit at the shop? A. Yes.
(MR. PHILLIPS, for the prisoner, stated that she was upwards of seventy years old, of weak intellect, all but insane, and had attempted to commit suicide very lately.)
NOT GUILTY .
1634. MARY ANN ROSE and SARAH WRIGHT were indicted for stealing, on the 12th of May, 1 watch, value 5l.; 4 brooches, value 2l.; 4 seals, value 2l.; 1 eye-glass, value 10s.; 1 pair of ear-rings, value 5s.; 1 pencil-case, value 2s.; 3 shawls, value 4l.; 8 handkerchiefs, value 18s.; 3 veils, value 1s. 10s.; 4 rings, value 4l.; 4 pairs of stockings, value 8s.; 7 aprons, value 11s.; 2 petticoats, value 6s.; 2 purses, value 15s.; 4 yards of lace, value 8s.; 4 sheets, value 1l.; 3 shifts, value 12s.; and 21 sovereigns; the goods and monies of Sarah Wheeler.
SARAH WHEELER . I am a widow, and lodge in Devonshire-street, Lisson-grove. In March, 1838, I went to lodge in East-street—the two prisoners lodged in the adjoining room—Wright was a dress-maker—I was very ill—they frequently came into my room—I continued ill a month after, up to May—I had a gold watch, four brooches, a gold eye-glass, and other things—I had seen them all safe after I had been there a month—I cannot say when I saw my watch last, but it was gone on the 12th of May, 1838—I missed the rings and my watch in East-street—I went to Davis-street in May—I there missed the counterpane, three sheets, a pair of scissors, a pen-knife, and four yards of Irish poplin—I lost in East-street a watch, the money, and jewellery, and divers other articles, before I went to Davis-street—I saw the counterpane safe in Davis-street, and there I missed the seven aprons, the two petticoats, and three shawls—I missed them on the 12th of May, 1838—here is a pair of scissors that I missed in East-street, and this veil, this watch, pencil-case, handkerchiefs, four rings, and these two shifts, are mine—(looking at them)—the two prisoners lodged together—they were there before I went—they went away when I did, in May, and came with me to Davis-street.
RICHARD PERRIN . I live in East-street—I keep the house—the prisoners did not lodge with me—I know them both—in October I bought the duplicate of the gold watch of Rose—I did not know her name—I bought three duplicates in October, 1838, one for the watch, pledged for 2l. 10s., the others, a counterpane, and a pair of sheets, for 5s.—I took the sheets out from Mr. Rowe, and the watch from Mr. Franklin's, at the bottom of Tottenham Court-road—I gave the watch to the officer—Wright was not there when I bought it.
HENRY THOMAS . I am in the employ of Mr. Morris, of Upper York-street. I produce a sheet, four towels, two pillow-cases, and two shifts, pledged on the 29th of August, with a gown for 4s., in the name of Wright—I am not able to tell who pledged them—the duplicate the officer produces tallies with mine.
THOMAS SEAL (police-sergeant D 18.) I went with Mrs. Wheeler to Perrin's house—I received the gold watch and two sheets—I afterwards went to No. 18, East-street—in the front room, second floor, I found Rose—I asked if she knew any thing about the loss of a gold watch—she said no—I waited till Perrin came in—I then repeated the same question—she said, "Yes—I sold them to him"—I told her she and her sister were charged with stealing this watch, and various other articles, and I should search the place, which I did, and found, among other things, the corresponding duplicates to the things produced—I found this black veil, and the other things—I found nothing on Wright.
Rose's Defence. I got them from a person of the name of Seal—the sheets and veil Mrs. Wheeler gave me.
MRS. WHEELER re-examined. I never gave her any thing.
ROSE— GUILTY . WRIGHT— NOT GUILTY .
1635. MARY ANN ROSE and SARAH WRIGHT were again indicted for stealing, on the 6th of August, 4 printed books, value 10s.; 1 pair of scissors, value 2s.; 1 pen-knife, value 6s.; 4 yards of poplin, value 10s.; 1 counterpane, value 16s., and 3 sheets, value 7s.; the goods of Sarah Wheeler.
SARAH WHEELER . I went from East-street to Davis-street—I there missed a counterpane, some Irish poplin, and some other; things—the counterpane, a sheet, and the poplin, are here—I saw them safe about the 20th of May, last year—the prisoners lodged in the same house in Davis-street as I did.
Rose's Defence. I bought the sheet and counterpane of Mrs. Wheeler, for 14s. 6d., and four chairs, and one table, and one looking-glass—the poplin Mrs. Wheeler gave me to make three bags for me, herself, and her sister—she has frequently sold other people things—I bought the linen of her—she sold some to a publican's wife.
ROSE— GUILTY . Aged 33.— Confined One Year.
WRIGHT— NOT GUILTY .
ROBERT VENABLES . I live in Whitechapel, in the employ of Thomas and John Venables, woollen-drapers. The two prisoners came to the shop on the 25th of April, and bought a few trifling articles—as they were going out, the young man who served them told them they had stolen a piece of silk serge, and I stopped them—they denied having it—I told them they had got it—they both denied it, and said they had never been accused of such a thing before—they had been together there about a quarter of an hour—I went for a policeman—Ann Nowlan wished to have the goods they had purchased, and to go, and during that time the daughter, Mary Ann Nowlan, pushed the silk serge on the counter—I took it up, and accused her of having stolen it—she took it from under her cloak—she had been in the part where the silk serge was. taken from.
OWEN EVANS . I served the prisoner Ann with some black cotton—the other prisoner was by her side—when they came in I was serving a customer with some black serge, and then I missed this from the counter.
Mary Ann Nowlan's Defence. We are wrongfully charged, there were other people in the shop—one person bought some of the serge—after my mother paid for her articles, one of the shopmen accused me of taking the serge—my mother has six fatherless children—she knew nothing of it.
MARY ANN NOWLAN— GUILTY . Aged 19.
ANN NOWLAN— GUILTY . Aged 40.
Transported for Seven Years.
27th of April, about half-past six o'clock in the evening, I was up stairs in the warehouse—I heard the inner yard gate shut, which induced me to go on the bridge which forms a communication between the two warehouses—I there saw the prisoner going out with a bundle under his arm—I hailed him two or three times, but he did not answer—I overtook him about two hundred yards from the premises, with the bundle on his shoulder, which was this copper hoop tied up with these two wrappers as it is now, and he had the book in his hand.
Cross-examined by MR. DOANE. Q. What is this? A. Copper hoop which came from the bottom of a large vat—I saw the prisoner within the gates with it—upwards of two hundred weight of copper has been missed—I called once at the prisoner's house, and I have been in public-houses with him—I have never appointed to spend Sundays with him—he had 18s. a-week and six pints of beer a-day.
(The prisoner received a good character.)
GUILTY . Aged 28.—Recommended to mercy.— Confined Three Months.
Prisoner's Defence. A boy took it and chucked it down at my feet.
GUILTY . Aged 23.— Confined One Month.
Prisoner. He told me to take them to the turnpike, and wait there till he came. Witness. No, I told him to take them to Captain Marshall, as I had other places to go to.
JAMES RICHARDS (police-constable K 56.) On the 27th of April I was on duty in Mile End-road, and the prisoner was given into my custody—he said he did not steal these candles, but met a mate in the Commercial-road, who took him to the George, and then gave him 6d. to go and get some bread and cheese, and when he returned the man and the candles were gone.
GUILTY . Aged 31.— Confined Three Months.
HENRY BADGER . I live in Owen's-row, Clerkenwell. On the 9th of May, about nine o'clock, I was in Goswell-street—I felt a tug at my pocket, and missed my handkerchief, which I had had in my hand about two minutes before—I turned, and a gentleman behind me pointed out the prisoner—I went and collared him, and accused him of having taken it—he pulled it from under his apron, and begged I would let him go—he said distress was the cause of his doing it.
Prisoner. I did not say I had done it—I was passing the dead-wall, where several people were passing—I saw the handkerchief on the curb-stone—I and the gentleman who told the prosecutor both stooped to take it up—I got it first—the prosecutor took me to the station-house, and said his handkerchief was marked, but it is not Witness. I said I thought there was a mark, but I was not certain—I know it is mine—it corresponds with one I have now in my pocket.
GUILTY .* Aged 33.— Transported for Ten Years.
SPENCER LEE . I am a tailor. I live in Butler's-buildings, Upper East Smithfield. The prisoner was my journeyman—about four o'clock in the afternoon, on the 18th of April, I left him at work, when I went out—I left a coat and a pair of trowsers there—I came home and missed him, also the coat and trowsers—the next morning I met him in Cable-street, about seven o'clock—I asked him where the trowsers were—he said he knew nothing about them—I gave him in charge.
Prisoner. He left me and another man together—two women came in—I did not leave till half-past six o'clock, and then went to get a pint of beer. Witness. There were other persons in the house, but not where he was.
PIERCE DRISCOL (police-constable H 24.) I took the prisoner. I had seen him about Rosemary-lane that morning, inquiring for a lodging—he said he was a sailor belonging to the Docks, and he had plenty of money—I showed himto a place where, I said, if he left his money in the person's hands, it would be safe—when I took him to the station-house he had no money.
Prisoner's Defence. I went out to get a pint of beer—I met a man, and carried his bed for him—he gave me the money which I had.
NOT GUILTY .
ROBERT CRADDOCK . I am a labourer. On Sunday night, the 5th of May, I met the prisoner, between eleven and twelve o'clock—I went to her lodging—I took off my coat, folded it up, and laid it under my pillow—I had a half-sovereign in the pocket—in the morning I missed her, my coat,'and the half sovereign—I found her down stairs, and inquired of her about it, and said I was robbed—she said I was not robbed—I called a policeman, and gave her in charge—the officer found the duplicate, and then she said she had pawned the coat for 3s.
Cross-examined by MR. HURRY. Q. How long have you been a
labourer? A. About two years, since I have been discharged from the army—I live in Silver-street, Wood-street—I had been walking about all that Sunday—I cannot tell every place I had been to—I had been into a public-house having some beer, and had been about in different places—I had been in the City part of the day—I cannot tell the house I dined at—I had no tea—I met with a fellow workman before dinner—he left me between eight and nine o'clock—I drank in several public-houses—I went into some house to look for John Weldon, who had been in Spain with me—I had some beer with the prisoner—I earn 18s. or a guinea a week—I earned a guinea the week before—I had been paid my wages on the Saturday-night—I think I had 1s. or 1s. 6d. in silver in my pocket when I met her—I believe she paid for the pint of beer that she and I had together—the half-sovereign was in the left tail-pocket of my coat, in a yellow printed bill—she was to have 3s. of me—I never swore she was in bed when I awoke—I did not give her leave to pawn my coat for 3s.—I borrowed a jacket of a person of the name of Smith, a friend of the prisoner's.
NOT GUILTY .
GUILTY . Aged 36.— Transported for Seven Years.
ANN BROWN . I am a servant. On the 2nd of May, I and my sister were in Lower Chapman-street, St. George's, looking at some chimneysweepers—I had two half-crowns and a shilling in my pocket—as I was trying to get out of the crowd, one of the witnesses told me something, and I found my money was gone.
Cross-examined by MR. DOANE. Q. Had you felt it safe while you were in the crowd? A. Yes—I had bought an orange just before, and while I was in the crowd I felt, and my money was safe.
WILLIAM HENRY LOEBER . I live in Church-street, St. George's. I was at this place—I saw Martin go to the prosecutrix, lift up her gown, and put his hand in her pocket, then he, Smith, and another, all ran away—I had not seen the prisoners talking together.
Cross-examined. Q. Had you ever seen these boys before? A. No—I told the prosecutrix she was robbed.
THOMAS DEFERY . I was there—I saw Martin lift up the prosecutrix's gown two or three times—he put his hand into her pocket, and got something out, and then they all ran away—Martin and another boy asked me what I was looking at—I said I was not looking at them.
curtch—that is the prosecutrix's sister—then Smith tried—then Martin went to the prosecutrix, and put his hand into her pocket.
MARTIN— GUILTY . Aged 17.
SMITH— GUILTY . Aged 15.
Transported for Ten Years—Penitentiary.
JOHN VORLEY. I am a boot-maker—I live in John's-court, Cavendish-square—on the 7th of May, a policeman brought these boots to me—I had seen them safe on the Saturday before, on the stand outside my window—they had been mended that day.
Prisoner's Defence. I bought the boots, and the shoes of a woman I Used to buy slippers of when I was in service.
GUILTY . Aged 40.— Confined Six Months.
(There was another indictment against the Prisoner.)
MARY DRISCOLL . I am single, and live in a court in Broad-street, Ratcliff. On the 24th of April I hung out a shirt and some other things to dry before my own door about ten o'clock—I missed the shirt between three and four o'clock.
JAMES LAING . On that afternoon, between three and four o'clock, I saw a blue shirt, some caps, and other things hanging to dry at the prosecutrix's—I saw the prisoner and another boy go up the court—the prisoner came down again with a blue striped shirt under his left arm, like this one (looking at it)
WILLIAM TAPLIN (Police-constable K 234.) I saw the prisoner in Ratcliff-highway with the shirt—I pursued him to a house in Angel-gardens, and took him—I found the shirt in a place where a person keeps a dog, Just outside the house—I did not see him drop it.
Prisoner. the dog brought the shirt, and the officer took it from his mouth. Witness. I saw no dog whatever.
GUILTY .** Aged 18.— Transported for Seven Years.
1647. GEORGE EARLE was indicted for stealing, on the 14th of May, 12lbs. weight of iron, value 1s. the goods of George Baillie; and the goods of George Baillie; and that he had been before convicted of felony.
JOHN ARMSWORTH I am in the employ of George Bailey of Hanwell. I took the iron-work of f an old cart on the 14th May, and placed it in the cart-shed—I received information, and missed it—this is it (looking at it.)
Prisoner. This is not the iron I sold her—it was some old hoops which I gave 2d. for. Witness. I bought no other iron of him but this.
GUILTY . Aged 40.— Confined One Year.
SAMUEL HARLE . I live in King-street, Holborn, and am a chemist. On the 8th of May, about one o'clock in the day, I was in Cow-cross—I heard a noise and a scuffle—I felt somebody at my pocket—I turned, and saw the prisoner with my handkerchief, in the act of putting it into his pocket—he discovered that I saw him, and threw it down—I collared him, and picked it up.
Cross-examined by MR. DOANE. Q. I believe he begged your forgiveness? A. Yes—I believe he has borne a good character before.
(The prisoner received a good character.)
GUILTY . Aged 23.—Recommended to mercy.— Confined One Month.
CHARLES CANDLAN . On the 1st of May, about eight o'clock in the evening, I was in Drury-lane—I saw the prisoner and another following a gentleman, and trying his pocket; and just as he got opposite a shop the prisoner went and got his handkerchief half out—the gentleman then went into the road, as there was a crowd; and when he had got about five yards further, he came on the pavement—the prisoner then went and got the handkerchief out—he turned down a street, and the other one who was with him whistled—I told an officer—we followed and took the prisoner—there were six or seven hundred people there looking at the sweeps—I do not know who the gentleman was.
Cross-examined by MR. PAYNE. Q. Where was the prisoner stopped? A. In a street out of Drury-lane—the handkerchief was thrown down—the gentleman was walking on the pavement, in and out amongst the crowd—I was in the road, and could see between the people—the gentleman went into the road, till he passed the crowd, and then went on the pavement again—I am a saddler.
GEORGE WESTON (police-sergeant T 6.) I saw the prisoner running down Drury-lane, and just as he got to Brownlow-street he threw a handkerchief to another person—I followed, and took the prisoner—he said, "What do you take me for?"—I said, "For picking a gentleman's pocket of a handkerchief"—he said, "I have not got it, you are mistaken."
Cross-examined. Q. Who was the person the handkerchief was given to? A. I believe he was taken last night for picking pockets—I tried to take him at the time, but he got away—I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office (read)—the prisoner is the man.
GUILTY . Aged 18.— Transported for Ten Years.
LEAH REYNOLDS . I am a widow, and keep a chandler's-shop in Great White Lion-street, Seven Dials. Between nine and ten o'clock at night, on the 26th of April, the prisoner came for a halfpenny-worth of apples—I gave him change for a sixpence—I then observed in the till two sixpences, one shilling, a fourpenny piece and 3d. in halfpence—I put the till in, and went in the back parlour—I did not see any more, but my till was gone, and my money too.
ELIZA REYNOLDS . I am the prosecutrix's daughter—I was at home that evening, and saw the prisoner run away with the till—I ran after him, and cried, "Stop thief"—he dropped the till, and I took it up.
GUILTY . Aged 17—Recommended to mercy.— Confined Six Months.
The prosecutor's name being Thomas Isaac Chambers, the prisoner was ACQUITTED .
1652. JAMES ROBINSON M'LAGAN , and GEORGE WESTLAKE , were indicted for stealing, on the 4th of May, 1 sack, value 2s., and 100lbs. weight of flour, value 1l., the goods of Jesse Manning, their master.
MR. DOANE conducted the Prosecution.
The prosecutor is my nephew, and keeps a shop in High-street, Shadwell—the prisoners were in his service—on Saturday the 4th of May, about seven o'clock in the evening, I was driving my cart down Ratcliffe Highway, towards my nephew's, and saw the two prisoners together, coming from my nephew's, and going towards Rosemary-lane—Westlake had a basket on his shoulder—I went on to my nephew's and spoke to him—I then went after them—when I got to a print shop, I saw them sitting on this sack, with about 100lbs. weight of flour in it—I said, "You are pretty sort of fellows, this is the way you rob your master is it?"—I said, "You had better put it in the cart"—I took them and the flour back to my nephew's—I said to the prisoners, "You deserve transportation for this"—Westlake said, "I do, if you follow the law I shall be transported"—I said, "How did you get it out? in small quantities?"—M'Lagan said, "We took it all out, the whole cotch, this morning"—they offered to give 10s. a piece for it, but my nephew would take no money.
Cross-examined by MR. CHAMBERS. Q. What are you? A. A baker—I took the shop for my nephew—I have no share in his profits—I sell him his flour—I am not answerable for his rent—I took the house for him, and his name is up—he was with me when I took it—I do not think I ever served a loaf in his shop since the first night—I was not represented as the master—he keeps no book at all, as he is giving no credit—he had one hundred and forty sacks of flour of me to commence business, but he is to pay me for it—it came to very nearly 400l.—he has not consumed the flour—he has paid me about 332l.—I recognised the flour which the prisoners had—it was part of a lot of thirty sacks, that I had from Thornhill
wharf—I have a shop of my own, and another nephew of mine, the prosecutor's brother, is in another shop in the Dog-row—I have had losses, but have always paid my creditors—no accident ever happened to me—I have been twenty-three years in my shop—I never had either of the prisoners in my employ—I hired M'Lagan for my nephew—I agreed that he was to have 24s. a week.
MR. DOANE. Q. Had you any thing to do with him after you hired him? A. No, I do not pay the rates for my nephew's house—I have no share in his business—I could not swear to the flour.
JESSE MANNING . I keep a baker's shop in High-street, Shadwell. My uncle took it for me—the rent has not become due yet—I have only been there three months—there has only been one rate due, and that I paid—I have no partner—my uncle is not entitled to any share of my profits—the prisoners were in my service—I paid them their wages—on the 4th of May my uncle told me something, he went rafter the prisoners, and brought them back with the basket and this sack of flour—I had thirty such sacks as this, and this is one I believe—and this flour is the same quality—when my uncle brought the prisoners in, he said, "I have brought back your two men, and they have been robbing you"—M'Lagan said they took it out at the back gate on that Saturday morning, and West-lake said the same—they offered me 10s. a piece.
Cross-examined. Q. What led to their saying this? A. My uncle asked them how they got it out, and M'Lagan said, "Master, we took it out this morning at the back gate;" and Westlake said, "Master, we did take it out; I hope you will forgive us"—my uncle asked whether they got it out by a little, or at once, and M'Lagan said, "Master, we took it out all at once"—I have never given a different account of it, to my recollection—I was twenty-one years old last Christmas—I keep no books—I cannot read or write—My uncle put me into that shop—there was a little alteration required, which my uncle paid for, and I have to pay him again—I have paid him part of the money for the flour—I pay him all I have to spare every week—I keep what I think proper, and when the flour is used up we shall settle—I think I have paid him above 300l.—he has got it down in his book, and I trust to his honesty—he keeps the account of what I pay him—M'Lagan had 24s. a week, what bread he wanted, and his lodging; and Westlake had 17s. a week, and his lodging—they were taken into custody on the Sunday morning—I could not find them on the Saturday night.
WILLIAM SHAW (police-constable K 73.) I took Westlake—he said, "I am not the only one"—I took M'Lagan afterwards—I told him it was for stealing 100lbs. of flour—he said, "I know nothing about any flour"—I then said, "Were you in Rosemary-lane last night with a man called Trunkey, with a basket, and a sack, and some flour?"—he said, "I was."
(M'Lagan received a good character.)
M'LAGAN— GUILTY . Aged 40.— Confined One Year.
WESTLAKE— GUILTY . † Aged 25.— Transported for Seven Years.
which I received, I went down stairs, and found some cloth had been cut from one of my pieces—I called to the prisoner, and he fetched the cloth from the back of the shop, where he had concealed it when he heard me coining down—this is my cloth—(looking at it).
Cross-examined by MR. PHILLIPS. Q. What did you say to him? A. I asked him to bring the cloth forward which he had cut off, and he brought it—I then gave him into custody—he did not know that he was about to leave me, but I intended to have discharged him, in consequence of some anonymous letters I received, and I had advised his father to get him another situation—he had been three years with me.
LOUISA HARTLAND . I am in the prosecutor's service. I was desired to watch, and I saw the prisoner unroll the cloth, measure three yards, cut it off, and go and hide it—this is the cloth I saw him cut.
(The prisoner received a good character.)
GUILTY . Aged 16.—Recommended to mercy— Confined Six Months.
JOHN BENT KING . I live in Turnmill-street, Clerkenwell, and am a butcher. The prisoner has been in my service, off and on, for four or five years—on the 15th of May he was hired to kill pigs, and that day I saw him on Saffron-hill—I followed him to West-street, and told the policeman to stop him—the prisoner then said he had some fat, and Brighton Jack had given it him, (meaning a man who was at work for me that day)—there was about 17lbs. of fat—it was mine—I missed it from a tub—I said, "What business had you to take this?"—he said, "It is our perquisite."
Prisoner. When I work any where we have perquisites. Witness. I never allow any—they had killed, perhaps, seventy pigs that week—I have lost fat every week, and cautioned all my men repeatedly, that if I found them out, I would prosecute them.
GUILTY . Aged 32.— Confined Six Months.
Sixth Jury, before Mr. Sergeant Arabin.
1655. WILLIAM HAYLOCK and THOMAS CASEY were indicted for stealing, on the 25th of March, 8 casks, value 8l., the goods of Sir Henry Meux, Baronet, and others: also, on the 22nd of March, 5 casks, value 5l., the goods of Sir Henry Meux, Baronet, and others: and DAVID MAYES , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.: to which they all pleaded
GUILTY.— Judgment Respited.
1656. WILLIAM HAYLOCK and THOMAS CASEY were again indicted for stealing, on the 13th of April, 9 casks, value 9l., the goods of Sir Henry Meux, Baronet, and others; and 1 cask, value 1l., the goods of Robert Hanbury, and others; to which they pleaded
GUILTY.— Judgment Respited.
ELLEN GILSTON JONES . I am single, and live in the family of Mr. Newel, of Cockspur-street. On the 2nd of May I was in the Court of Requests, in Castle-street. I did not notice any person round me but the prisoner, who was close behind me—I felt my gown pulled several times—I looked round, and saw the prisoner several times behind me, but it did not strike me what he was doing, till Mr. Groom asked me if I had not lost something—I then put my hand into my pocket, and found that I had lost a half-crown, 2 sixpences, a fourpenny-piece, and some halfpence, which had been loose in my pocket—I had a handkerchief in the same pocket, but that was left—I am quite certain I had my money safe when I first went into the Court—I saw the whole of my money again the next day—this is it—(looking at it)—here is one sixpence rather bent, which I know to be mine.
Cross-examined by MR. PAYNE. Q. Were there not many persons present? A. Not where I stood—I was between two partitions—there was a short board, and then a higher one behind—the prisoner was close to me—Groom was in the Court, walking about—there was no particular noise, only the business was going on—there were a number of persons talking—I should think I was there an hour or more—there was one woman standing in a corner, and a witness standing by.
JOHN GROOM . I am a constable of St. Martin-in-the-Fields—I was attending the Court of Requests on the 2nd of May, about four o'clock—I saw the prisoner standing by the side of the prosecutrix, hitching her gown up gently—he at last got it up, and I observed him very busy with the pocket—he drew his hand out, and dropped a fourpenny-piece—a witness who is here picked it up—the prisoner said, "It is mine"—I ran up and seized him with some money in his hand—he struggled, and thrust his hand into his pocket—I asked the prosecutrix if she had had her pocket picked—she felt, and said "Lord bless me, yes! every thing I had is taken out"—I immediately tried to get the prisoner's hand out of his pocket, but he dropped the money in the pocket, and in the pocket I found one half-crown, two sixpences, a fourpenny-piece, 3 1/2 d. in halfpence, and five farthings.
Cross-examined. Q. Were you there on duty? A. Yes—I was about three yards from the prisoner while he was picking the pocket—there was no partition between me and him—Alderson was about a yard from him at the time he picked up the fourpenny-piece, and gave it the prisoner—I laid hold of the prisoner by the collar, and attempted to get hold of his hand—he thrust his hand into his left trowsers' pocket—I had not spoken to the prosecutrix before that—I did afterwards—there was no noise in the court—I do not suppose there were twenty persons there—they were clearing out—I was in such a situation as to be able to see what took place.
DAVID ALDERSON . I was at the Court, standing with my back to the clerk's desk—I heard some money, and saw a fourpenny-piece drop—I took it up—the prisoner came and said it was his—I said, "Are you sure it is?"—he said yes, and I gave it him—I then heard the constable ask the lady if she had lost any thing—she said she had.
Cross-examined. Q. What distance were you from the prisoner? About two yards—he was standing on the right hand side of the prosecutrix—Groom was a short distance from me.
E.G. JONES re-examined. This is the sixpence, which I know to be mine.
Prisoner's Defence. I can prove that I had the money when I came from home.
HANNAH TOOLE . I am the prisoner's mother. I remember the day he was taken into custody—I had seen him that day at home in his own room—we went out between eleven and twelve o'clock, and I received the money for two pairs of boots and a pair of shoes, of Mr. Payne, a master shoemaker—I gave him a half-crown, two sixpences, and one shilling—I made a remark that one sixpence was bent, and Mr. Payne said it was a very good one—I gave that money to my son when I came out of the gentleman's house, and he told me he was going to look after a summons.
COURT. Q. How many sixpences had he? A. I gave him two—I do not know what he had besides—I know he had some farthings—I did not take notice how many—I do not know whether any were bent—I cannot tell bow many farthings he had, because halfpence and farthings were together—I saw the coppers in his hand—I do not know exactly, but I think there was a fourpenny-piece—I do not know how many half-crowns he had, but I gave him one, and a crooked sixpence.
JOHN PAYNE . I am a boot and shoemaker, and live at No. 197, White-cross-street—I am no relation of the prisoner's—I bought two pairs of boots and a pair of shoes of his mother on the 2nd of May—I gave her a half-crown, a shilling, and two sixpences—one sixpence his mother refused—I said it was silver, though it was bent—it was similar to this one—I cannot say this is it, but it is like it.
COURT. Q. Should you take it without hesitation? A. Yes—I cannot swear to the half-crown—I very often buy boots and shoes of them—I bought two pairs of boots and one pair of shoes—they were old ones to mend up again—I am the householder, and have lived there seven years—Mrs. Toole asked me to come here and say the party I gave the six-pence to.
(Aquilini Lucioni, a shoemaker, of Ray-street, Clerkenwell, gave the prisoner a good character.)
GUILTY *. Aged 32.— Transported for Ten Years.
WILLIAM JOSEPH LOTT . I am a pig-feeder, and live at Nottingdale, Kensington. The prisoner lodged with me, as he had no father nor mother I took him in—I have known him two or three years—I lost this money out of a little jug in the parlour cupboard—it was in a bit of paper—there were two sovereigns, four half-sovereigns, and four half-crowns, which I received on Saturday, for three pigs I had sold in the morning—the prisoner picked up a bit of paper, and I put the money into it—the day passed on—I was not very well—I went to bed, and the prisoner said, "Bill, I'll get a pitcher of water"—he did so, and brought it up stairs, and went down—I soon fell asleep—I awoke about twelve o'clock, and saw a bit of a light in the room where my money was, I called him, but he did not come—I went down—there was a sieve-basket under the cupboard—I got upon it, and the money was gone, and the prisoner also—I did not see him any more till he was in custody.
Prisoner. Another young lad lodged in the house. Witness. Yes, but not in the room, and he returned again—you never did.
ANN ELIZABETH LOTT . I am the prosecutor's sister. I heard of the loss of his money—I met the prisoner on Monday, the 13th, stopped him, and asked him why he had robbed my brother—he said, "If you will let me go, I will give you all the money I have got"—he pulled out half-a-sovereign and some silver—I said no—I seized him by the collar, and held him till the constable came up.
WILLIAM MAVERLY (police-sergeant F 74.) On Monday last I was in Bridge-street, and saw the witness and the prisoner—he had half-a-sovereign, eight shillings, and some coppers, and these new silk handkerchiefs.
GUILTY . Aged 18.— Transported for Seven Years.
1659. JANE WHITE was indicted for stealing, on the 29th of April, 1 coat, value 2l.; 1 pair of spectacles and case, value 20s.; and 1 pencil-case, value 10s.; the goods of Edward Houghton, her master.
EDWARD HOUGHTON . I live in the City-road. The prisoner was in my service—she was engaged as charwoman—on the 29th of April I missed a coat, a pencil-case, a pair of spectacles and case—this pencil-case, spectacles and case, and coat, are mine—(looking at them.)
JOSEPH RANDALL . I am a policeman. I went to the prisoner's house, in Queen-street, Lambeth, and there took her—I told her she was charged with a robbery she had committed where she was a charwoman—she said she knew nothing about it—I asked her where she had been that day—she said, in the City-road—I asked her why she did not stop all day—she said she knew why, but she did not say—I found forty-seven duplicates there, but not of these things—she told me afterwards where the coat was pawned.
(The prisoner received a good character.)
GUILTY . Aged 35.— Confined Four Months.
SAMUEL SAMPSON . I am a general dealer. On Tuesday last I called in at the White Hart, Whitechapel—I met the prisoner there—he said, "Will you give me a drop of beer?"—I said, "Yes"—I called for a pint of beer—I drank, and gave it to him—I was going, and he said, "Will you have another?"—I said, "No"—I had 17s. 8d. when I went into the house, and I spent 2d.—the prisoner put his hand into my pocket, and took 16s. out, and one sixpence dropped on the ground—I had felt his hand in my pocket, and one sixpence laid on the ground—I said to the landlord, "I am robbed"—the prisoner ran from one part to the other—I said, "Give me my money"—I would not let him go till I saw the policeman, and gave him in custody—the money was found on him—one sixpence had a hole in it, and another was a little bent—the money found on him tallied with what I lost.
Prisoner. I met him coming along Whitechapel—he had known me eight or ten months—he began sparring, and knocked my hat off, and said, "Will you have a drop of rum?"—he took me in, and gave me two glasses of rum and two pints of beer—he began sparring, and the landlord said, "Go out"—we did, and as we were going up George-yard, he took me by the collar, and gave charge of me—the money was my own. Witness. I did not know him before, but I would give any body a drop of porter.
GUILTY . Aged 44.—Recommended to mercy by the Jury.— Confined Three Months.
WILLIAM SIMS . I live in George-street, New-road, and am a tailor—the prisoner was in my service, and worked on my premises. I had a cloak to dispose of—he said his father-in-law, Gale Jones, wanted to purchase a cloak, and would I allow him to take it to show him—I said, "Yes," that the price was 4l., and he must bring me the cloak back or the money—some time elapsed—I then spoke to him about it—he brought it back I think twice, and about three weeks afterwards he said. Mr. Gale Jones was prepared to pay the money, and he took it again—in about a week, as he did not bring it, I told the prisoner I should call on Mr. Jones—he begged I would not till he returned from his dinner—he went and did not return, but sent me this letter, and the duplicate of the cloak, by a boy—the letter is his writing—(read.)
" SIR,—I am ashamed to write to you, but I am compelled to let you know the truth at last I had your cloak for the purpose of making up a sum of money, with the expectation of redeeming it again; but being disappointed, I cannot see you myself. If yon had put it off, I might have redeemed it by the middle of the week, for Mr. Jones never spoke to me about it, that is the truth of it. I have deceived you about it all this time, but I hope you will pardon me, as it was done without any meaning of cheating you in any way whatever, for what I owe you I will pay you by so much per week or month, for I have got into debt without my wife's knowledge—she knows not that I am in debt to you, and that is the cause of my doing what I have done. I will give you by writing the manner in which I will pay you, or I will gel the cloak before next week is out, if you will trust to me. I know not what I am doing at the present moment; I can't come to work again when you have lost confidence in me.—G. ROBERTS.—This is the ticket of it; I will get it or pay you for it by this day week. Pray pardon me."
Prisoner's Defence. I have bought left-off things repeatedly of him, and he had this to sell, as he wanted to buy cloth for a great coat—it was to be 2l.—I was to get what I could over for myself—I intended to pay him when I saw him.
NOT GUILTY .
JOHN HOLSTEAD . I am a tailor—the prisoner used to work for me out of doors in 1836. On the 20th of January, 1837, he came and stated his brother wanted some clothes to look at to purchase—I allowed him to take a great coat and two dress coats, with the express understanding that he was to bring them back in the course of the week, or the money—his brother was to take two coats out of the three—he went away, and I did not see him again till he was at the office last Monday—I lost my coats altogether.
Prisoner. Q. What was I to give for the coats? A. 3l. 8s. for the three.
HENRY HOLSTEAD . I am the prosecutor's brother. I was present when the prisoner came for the three coats, which he was allowed to take away—he was to bring one coat back, and the money for the other two in the course of the week.
Prisoner's Defence. I purchased them in the way of business—I paid him one sovereign the day I had them, and was to pay for them when I sold them.
NOT GUILTY .
THOMAS PETERS . I am a coach-builder, and live in Park-street, Grosvenor-square. On the 15th of May, I sent 48lbs. weight of horsehair in a bag to St. George's poorhouse, by one of my men—the prisoner was intrusted to bring it home to me after it was picked—he brought it back the same day, and was followed by a policeman, who asked if I knew any thing about that hair—I said yes, it was all right I believed—the prisoner was one of the paupers of the parish—the policeman said he believed it was not right, for he had been selling some of it—I told him to follow the prisoner up stairs, and I followed him—I asked how it was he had been taking out some hair—he said he was very sorry, but he had got a wife and family, and he had sold a little to get some tea and sugar—there was 7lbs. weight of hair missing—it cost me 1s. 6d. a pound, and a half-penny a pound I pay for picking.
ANN EGGLENTON . I was at Mr. Spencer's, in East-street, Manchester-square, assisting in his business, as he was ill—the prisoner came and said he had some hair to sell—he put some in the scale, it weighed 7lbs.—I said, "Sixpence a pound"—he said, "Very well"—I said I had not got the money to pay for it—I sent the hair to sell immediately, and got 8d. a pound for it—I did not ask the prisoner where he got it.
Prisoner. Q. Did I receive the money at all? A. No, you were to call again for it, and before you called I understood it was not right.
Prisoner's Defence. I am very sorry, I have a wife and family in the workhouse.
GUILTY . Aged 36.—Recommended to mercy.— Confined Three Months.
JOSEPH WHIPP . I am employed at Mr. John Hendry's, a shoe ware-house, in High-street, St. Giles. The prisoner came there about three o'clock, last Wednesday, and wanted a pair of shoes—my master showed her a pair at 2s.—she refused them, and looked at two other pairs—she still kept the three pairs in her hands—my master then looked for another pair, and they fitted her—while he was doing that, she put two pairs under her shawl—the prisoner then asked the price of the pair she had on—he said 2s. 6d.—the prisoner said it was too much—he said he could not take any less—he then missed a pair of shoes from the counter, and asked her if she had seen them—she said, "No"—he asked her if she had put them under her arm in mistake—she said, "No, how can you think such a respectable woman as I am would do that?"—he said, "You must have them"—the prisoner then sat down in the chair, and began to try on the pair she had in the paper, and in so doing she dropped two pairs from under her arm, at the back of the chair—I saw her do so.
Prisoner's Defence. I tried on several pairs, and after I had been some time, he said he missed a pair—I sat down, and this boy said he saw me drop two pairs from under my arm, hut I never thought of such a thing.
GUILTY . Aged 24.— Confined Six Weeks.
OLD COURT.—Monday, May 20th, 1839.
Third Jury, before Mr. Sergeant Arabin.
1665. FRANCIS HANGLIN was indicted for burglariously breaking and entering the dwelling-house of John Wilkins and another, about the hour of one in the night of the 26th of April, at St. John, Clerkenwell, and stealing therein, 1 bag, value 3d.; 1 piece of paper, value 1d.; 421 pence, 1316 halfpence, and 226 farthings, their goods and monies.
JOHN WILKINS . I am a confectioner, and live in St. John-street, Clerkenwell—I have a partner. On Friday, the 26th of April, I went to bed after one o'clock—I was the last person up—I found the window broken at six o'clock in the morning—it was not broken when I went to bed—I lost upwards of 14l. in copper money from my desk—some was in 5s. papers, and some in four parcels, making 1l.—I lost this bag also—(looking at one)—some of the money was found in it, but it was not in it the night before—the persons had got into the warehouse by removing a square of glass, unfastening the window, then moving another square of glass, and unbolting the counting-house door—the bag contains about 4l., not one-third of what I lost—it was in the house the night before.
EDWARD JONES . I am a parish constable, and keep a coffee-shop in Peter's-lane. I was standing at my door on Monday morning, the 29th of April, about a quarter to eleven o'clock, and saw the prisoner coming in a direction from Smithfield, with this bag on his back—I went in-doors, and he followed me into the shop with the bag, placed it on the table, sat down, and called for a cup of coffee, which I brought him—he said, "Can you take care of this bag for about an hour?"—I asked what it contained—he said, "Old copper"—I was not aware it was money—he went away, leaving the bag—I saw no more of him till he was at the office the following day—I took the bag up stairs that night, and found it was money.
WILLIAM BYERS . I am a confectioner, and live in Drury-lane. I deal with the prosecutor—I paid him 2l. in copper money in the middle of April, rolled up in this paper which is now round this copper, and on which I
have written the word "copper," and 2l. which I can swear is my hand-writing.
THOMAS PHILPOT . I am a policeman. On Friday night, the 26th of April, I was near the prosecutor's house—his cart came home about one or half-past one o'clock—I saw him look out of window—the house was all safe then—the windows were all safe and right—about twelve o'clock the same night, previous to the cart coming home, I had seen the prisoner and two lads with him, nearly opposite the John's public-house, in St. John-street—I cannot speak to the other two, but I am certain of the prisoner.
CHARLES STARKEY . I am a policeman. I was on duty on the afternoon of the 30th of April, in St. John-street—Mrs. Jones called me to take the prisoner into custody—I took him to the station-house, and sent Penny to fetch the copper money from Jones—Jones brought it to the station-house, and delivered it up there—this paper of coppers was in the bag.
JANE JONES . I keep the coffee-shop in Peter's-lane. The prisoner came in on the Monday to inquire for the parcel he had left with my husband the day before—(my husband had desired me to stop him if he came)—I asked him what the parcel contained—he said it was wrapped in a towel, and it was pieces of old copper which he had for sale—I sent ray boy for Starkey, who took him in charge—my husband took the copper down and gave it to the policeman.
Prisoner's Defence (written.) "On the morning of Monday, I was going along St. John-street, in search of employment, and was accosted by a man, of whom I had no previous knowledge—he said he knew me, as he had frequently resorted to my father's house (the Half Moon public-house, Smithfield) and he said, 'I can intrust you with the care of this parcel, it contains old copper, deposit it in that little coffee-shop, and meet me in half an hour, and I shall pay you well for your trouble'—he then gave me the price of a cup of coffee. I called for the said parcel, by the desire of the man who gave it to me, three times, and was refused it by the woman who keeps the coffee-house. I persevered, according to my employer's orders, and ultimately was taken into custody by a police constable. If I had come by the said property by my own act of burglary, I should have taken it to my parents' residence in Cow-cross-street, within three hundred yards of the said coffee-shop; but I obeyed the mandates of the man who employed me, also would I not have brought it to my poor parents, on Saturday morning, the time of the robbery? My Lord, I was deprived of the clothes I had on then, and furnished with my present garb. My parents had purchased my said clothes from a master tailor on Clerkenwell-green, in September last, and the police constable satisfied his inquiry on that point."
(Henry Crowley, boot and shoemaker, 21, White's-row, Spitalfields; and Dennis Cogle, a tailor, of Aldermanbury, gave the prisoner a good character.)
GUILTY . Aged 16.— Transported for Ten Years.
ANDREW MORAN . I am porter to Pickford and Co., and live in Compton-place, Brunswick-square. I was not acquainted with the prisoners before—I might have seen Crew before, but not Spright—I had been with Crew about a month before at the same house, No. 1, St. Pancras-place, Pancras-road—I left a Prayer-book behind me at the house—it was taken out of my pocket—I went afterwards and got it back—I saw Spright when I went for it—I had not seen her there before—I did not observe Crew there—I was sober when I went in—Spright sat by my side the whole time I was there—I sent out for half a pint of gin and a pot of beer, and she followed me out—we went to a public-house on the other side of the way, we drank there again, and I pulled out my money—I saw Crew in the public-house, and they both drank with me there—I took out my bag, containing 7l. in sovereigns and half-sovereigns, 3 half-crowns, and some other silver, and said, "I have got plenty of money, thank God"—Spright said they must be counterfeit—I said, "No, they are not" and put my bag into my pocket again—I got drunk after that—I went out of the public-house with Spright, but am not certain whether Crew followed—I came to myself between three and four o'clock in the morning, and found myself in some street in Somers-town, and my money gone—I do not know what time I left the public-house—I have not seen my bag since, and cannot swear to my money.
JAMES CHURCHYARD . I am a policeman. On Sunday night, the 14th of April, I saw Spright in company with the prosecutor, about half-past nine o'clock, at the Friend in Need, Pancras-road—both the prisoners were drinking with him—I saw them cross the road twice during the night to the house where the prisoners live—Spright had hold of his arm—they were in that house some time, and about two o'clock in the morning there was a cry of murder there—I went in, and an old man said he had been robbed of 6s.—I took some parties in charge there whom he accused—it was not the prosecutor—I went back to search for the old man's purse and met the prosecutor coming out of the house—he said he had been robbed of 7l. 10s.—he had been drinking, but could talk and walk very well—he asked me to direct him to Compton-place—I did so—he said he would attend at the police-station in the morning—I met Spright a week after the robbery in Pancras-road, and told her I wanted her—she said Crew knew as much of it as her—I found some money on her—the bag has never been found.
JAMES RICE . I am a policeman. On the 15th of April I was in Alton-street, Pancras-road—the landlord of the Brewers' Arms called me, and said two females and a man were drunk in his house—I told him to turn them out—he did so—Spright was one—she had a bundle, which fell and came open—I took her and Crew to the station-house—I found 2l. 10s. on them in gold and silver—knowing them to be prostitutes I suspected it was not right, and took them before the magistrate—they were liberated, and the property detained—a few days afterwards information of this robbery was given at the station-house—when before the Magistrate Spright said she found the money on Monday morning in Brewer-street, and that Crew was with her at the time—she said so in Crew's presence—that she picked it up in Brewer-street on Monday morning—this examination is signed by the Magistrate—I know his writing—(read)—"The prisoner Spright says, 'We both found it on Monday morning, and I picked it up' Crew says, 'I was with her at the time she picked it up.'"
Spright's Defence. On the 14th of April I saw the prosecutor at the corner of the court where I was standing—he asked me to have something to drink—we went to a house—he sent for beer and liquor, and we partook of it—we then went to the Friend in Need, and Crew came to us—we had more gin and beer—the prosecutor and I left the house and walked the street—he wanted me to go to his home; and told every body we met that I was his wife—I left him, went home, and went to bed—about two o'clock he came to the door—Mrs. Owen, who keeps it, refused to admit him—on Monday morning we both got up to get something to drink, and a little way from the court I picked up a bag containing 8 sovereigns—I went and bought the things which the officer has, went to a public-house and got drunk, and the landlord had us taken in charge with the clothes and money—on Tuesday morning we were taken to the office and discharged, but the property detained—the prosecutor had promised to come and see me on the Wednesday following—I met him in the street with the policeman, and he charged me with robbing him—that same night another man went to the Bull, Somerstown, and took Crew—I solemnly declare I found the money.
SPRIGHT— GUILTY . Aged 20.— Transported for Ten Years.
CREW— NOT GUILTY .
Before Mr. Recorder.
1667. VITTORI CICERI was indicted for stealing, on the 1st of March, 5 shirts, value 3l.; 6 pairs of socks, value 12s.; 2 waistcoats, value 10s.; 1 pair of boots, value 10s.; 2 pairs of shoes, value 10s.; 2 printed books, value 2s.; 1 dressing-gown, value 1l.; and I military sash, value 2s.; the good of Count Salvatere di Nuovo, of the kingdom of Sicily, his master and employer.
MESSRS. PHILLIPS and THOMAS conducted the Prosecution.
COUNT SALVATORE DI NUOVO (through an interpreter.) In March last the prisoner was in my service, and in consequence of what I heard I went to his lodging, accompanied by a policeman named Fletcher, who is gone into the country, and a witness—they searched his lodging before me—they searched a trunk, and found a great deal of property—five shirts, two waistcoats, six or seven pairs of silk stockings, dirty, but when I lost them they were new—two or three pairs I had never worn, but the others I had worn some time—they were all dirty when I found them—I also found a pair of boots and two pairs of shoes—I found some other articles which I had given him—there were two books—the first visit I paid I brought away a pair of boots and a book—the others I did not take away because they were dirty, but I told the policeman they belonged to me—I found an officer's sash in his trunk—I had never given him that nor the stockings, nor boots—I found a good many things which I had given him—I said, "These I gave you, but the others you took from me"—every thing in the trunk belonged to me, but some I had given him—(examining some articles)—here is one of the books—I never gave him that—he had no authority to take it to his lodging—here is another book belonging to me—and these boots I had only worn once—here is a dressing-gown which was new when he took it, and these silk stockings—I had never given any of these articles to him—I found a letter at the prisoner's the second time I went, which was about three weeks ago—I bought some land in Sicily—it is from that I derive my title in Italy.
Q. How then do you come to be a Count of the kingdom of Sicily? A. Because I am a Sicilian, the land is in Sicily, and there my family are—
two persons accompanied me on the second occasion to the prisoner's, the policeman Cooper, and a gentleman—I then found the articles produced, but not the quantity which I saw the first time—the other things were removed after the first time—the first time I went, the prisoner swore he had nothing else belonging to me in the trunk, but the second time I found a letter in the room he lodged in, hid in a hat-box—the prisoner had summoned me for his wages.
Cross-examined by MR. PAYNE. Q. How long did he live in your service when you were last in this country? A. About two years and a half—I left about nine months ago, about September—he left a few hours before me—I knew where he was gone, and who he went with.
Q. Did he go by your desire, to take care of another person abroad? A. He went by my desire, but the prisoner had more desire than I had—as I was going to Paris, he said he would go with the lady—I desired him to do so—I did not give him one of these books to make himself acquainted with the French language—I looked for that book a good many times, and asked him for it—he was in my confidence in some things—the confidence of a servant—my name, Di Nuovo, has nothing to do with the name of my estate—these things must have been taken a long while before the prisoner went to Paris with the lady—I know nothing about obtaining the lady's passport—I saw the prisoner in Paris about five months after I left this country—he did not ask me for any money for wages at that time, but he owed me thirty shillings before he went away—I took him into my service again when he came into this country—I told a friend that if he came over I would take him again—I did not then know any thing about my property being gone—I found out afterwards that he had pawned my plate.
Q. Before he went to Paris, did not you accuse him of stealing a silver fork and spoon? A. A fork—I did not find it, but before the prisoner went away, he said he dare say I should find it down stain—I looked for it, but a servant in the house said she did not find it—I did not charge him with stealing a spoon—I have property which I derive from my land, and the banks of London and Paris—I told the prisoner when I got another apartment I should want a servant, and if he was there I would take him.
Q. Did you not tell him you could not take him, as you were living in the house of a Dutchess? A. I told him that, and besides that if I had not another servant, I would take him—I told him to lodge at Mr. Belzoni's till I had a room to accommodate him—it was there I went and found the property—I did not tear up a number of his papers when I went there—I tore up one paper which had my direction on, where I lived in Italy—it was in my own hand-writing—I never told Belzoni I would employ all the counsel in England, and did not care if it cost me thousands of pounds, to be revenged on him—Belzoni told me that my servant was a thief—I told him the prisoner had robbed me of a great many things, and I would have him punished—Belzoni said, "You have got all possible reason now you see he is a thief, and you are in the right"—I have witnesses to prove that—I had the prisoner taken into custody directly after he summoned me to the Court of Requests for wages, in consequence of what the Commissioner said—I had been intimate with the lady I desired him to take to Paris for a year and a half—the prisoner was in my employ five or six days the second time, when I searched his lodging.
MR. PHILLIPS. Q. Did you owe the prisoner a farthing when he summoned
you? A. No, he owed me money—I had asked him for a paper which I went to search for—I had 8, 500l. in the English Bank alone when I was in London—I had not asked him for the letter I went to search for.
THOMAS COOPER . I am a policeman. I went with the prosecutor to the prisoner's lodging, with a search warrant—I searched his boxes—the prisoner was not there, he was in custody—I found property which the prosecutor claimed, among other things, these silk stockings, and other things—I went with the prosecutor—nobody could have opened the box but in my presence—I found it open when I got there—I had the key of it, which I got from the prisoner—I tried the lock, and it belonged to it—I found a letter in a hat-box.
Q. Who told you to go to that house? A. The prisoner said he lodged there—at No. 17, Duke-street—it was by his direction I went there—he did not tell me what room he occupied—we asked the landlord which was his room.
Cross-examined. Q. You did not take the prisoner with you? A. No.
COUNT SALVATERE DI NUOVO re-examined. Q. How do you know it was the prisoner's apartment that the box was found in? A. The prisoner told me himself it was his room, and when he went away he took three trunks—I found only one—I cannot say it was one of those he took away.
COURT. Q. How did you open the box the first time you went? A. I believe, with a key the policeman had—I found it open the first time.
CHARLES BELZONI . I live at No. 17, Duke-street, St. James's-square. The prisoner lodged in my attic—there is no back attic, but two front ones—he was in custody when the policeman came—it was his portmanteau the policeman opened—I was not at home when the policeman came—they were going away when I came in—I know they searched the portmanteau belonging to the prisoner.
Cross-examined. Q. Did you, by the prosecutor's desire, write to the prisoner at Paris, to say he might come over into his service again? A. Yes—he said, "I see the young man is looking for a situation, he applied to me for a character, I acknowledge he served me to my satisfaction, and write to say I am ready to take him in preference to another, he must come within fourteen days, I have no apartment at present—I am living with a Dutchess, tell him I am very vexed with that third person, and the way she left, and he will know who it is."
Q. Did he tell you he would employ all the counsel in England, and would not care if it cost him three or four thousand to punish him? A. Yes—on the Friday night I met him, and spoke to him—I said, "Sir, if you found the letters I am sorry for it, because the prisoner told me he never had such a letter, but the other things I have nothing to do with"—he said, "No matter what it is, I will employ all the lawyers in England, if it cost me three or four thousand, to have revenge on him"—he spoke in Italian.
MR. PHILLIPS. Q. Did the prosecutor say he would prosecute him because he had robbed him? A. No; for the letter he wrote to the Dutchess.
MR. PAYNE. Q. Did you tell him you knew he was a thief, and had robbed him? A. No—the prosecutor can speak English, but not so much as I can—he goes into society, and I should think he can speak sufficient to prosecute.
MR. PHILLIPS. Q. Did he speak English to you? A. Yes.
Q. Did you ever hear him speak English in your life? A. I cannot bring it to memory.
(The prisoner received a good character.)
GUILTY . Aged 21.—Strongly recommended to mercy by the Jury on account of his character.— Confined Three Months.
JAMES FISHER . I am footman to William Metcalf, a coal-factor, of Fitzroy-square. On the 16th of May, about half-past eight o'clock at night, the street-door bell rang—I went, and found the prisoner—he said he had come for a parcel of books—I went into the parlour to make inquiry, leaving him in the hall—I shut the street-door—I returned in about a minute, found the door open, and he was gone and the cloak also—I ran out, and found him in Fitzroy-street with the cloak under his arm—I called after him, pursued him into the market, and picked up the cloak—he was in the hands of a policeman—the cloak had been on a peg in the hall—I had hung it up between five and six o'clock—this is it—(looking at it)
GEORGE FOREMAN . I am a smith, and live in Lower Southampton-street, Fitzroy-square. On the 16th of May I was in Grafton-street, and heard a cry of "Stop thief"—I saw the prisoner running with a cloak on his arm—he went towards the market, and there threw it down—I saw the policeman stop him.
THOMAS COOPER (police-constable E 141.) I heard the cry of "Stop thief," and saw the prisoner running—I stopped him—he said, "What is the matter?"—I told him he was charged with taking a cloak—I took him to the station-house, searched him, and I found two duplicates on him—he said he had no home nor place of abode, but I found a latch-key on him.
Prisoner's Defence. Unfortunately I committed the error six months since—when discharged I could obtain no employment, I was starving about the streets—the inspector has known me for years—I have two children.
JOHN EDWARDS . I am a policeman. I produce a certificate of the prisoner's former conviction from Mr. Clark's office—I was here in October, when the prisoner was convicted—I was a witness in the case—he is the person mentioned in the certificate—(read.)
GUILTY . Aged 28.— Transported for Seven Years.
HENRY HARRISON . I am a wheelwright and smith, and live in George-yard, Aldgate—I let out trucks. On Tuesday, the 14th of May, I missed a truck—I found part of it next day at the station-house in Denmark-street, and another part at the station-house in King David-lane.
who I have seen before, but whose name I do not exactly know—I understand he is called Miller—I concluded that he had hired it.
Prisoner. This man went down the yard to fetch six baskets of wine from St. Katherine Docks—he went round to opposite the Flower-pot, in Bishopsgate-street, and then said he should not want me any more, and I left.
JOHN HARWOOD . I keep a chandler's shop in Bluegate-fields. On Tuesday, the 15th of May, between two and three o'clock, I saw the prisoner offering a pair of truck-wheels for sale to two costermongers—they told him to go up the Match-walk, and he would get somebody to buy them—he asked me if I would buy them—I asked him the price—he said 4s.—there was a policeman close by—I bought them of him—they are here.
HENRY HARRISON re-examined. I have seen the truck outside in the yard—it is the truck No. 10—the body, I am sure, is mine, but the wheels I will not take my oath to, though I have not the least shadow of a doubt of it—they exactly fit the truck No. 10, and are our make—I have no doubt of them—they are worth 30s.
GUILTY . Aged 18.
ELIZABETH KNOWLES . I am the wife of John Carver Knowles, and live in King-street, Tower-hill—he is a labourer at the St. Katherine Docks—I keep a green shop, and have a small cart, which I let out at 3d. an hour. On Wednesday morning, the 15th of May, about twenty minutes after eight o'clock, the prisoner came to the door and asked my brother if he knew where he could get a truck—my brother said, "We have one"—he said that would do, and took it away with the dog to drag it—it is a small four-wheeled dog van—about ten o'clock a policeman came to me—I went to King David-lane station-house the same day, and found the prisoner sitting at the Thames Police with the dog—he called the dog Lion, but his name is Rose.
SAMUEL MOLYNEAUX . I live with my sister. I recollect the prisoner hiring the van about twenty minutes after eight o'clock—he said he should be gone about three-quarters of an hour—I found him about ten o'clock that morning at the office with it.
JOHN MITCHELL (police-constable K 161.) About ten o'clock in the morning, on the 15th of May, I saw the prisoner in Back-lane, about a mile from Knowles's shop—he was going entirely away from St. Katherine's Docks—he was in conversation with a man named Ives—I heard him say to him "10s., and you may make inquiry, if you choose"—he had the truck and dog with him—I asked him whose it was—he said, "My own"—I asked how long he had had it—he said "Upwards of twelve months"—I asked where he came from—he said, "7, Essex-street, Whitechapel"—I immediately turned round, looked at the wheels of the van, and found they had not been at work—I took him to the station-house, made inquiry, and found the owner.
JAMES IVES . I live in Back-road, St. George's, and keep trucks. On the 15th of May, at ten o'clock, the prisoner came to my house and asked if I would buy a cart—I said, "I must see it first"—I looked at it in the road—he asked 10s. for it—I thought that not a proper price, and asked who and what he was—he said, "I live in Essex-street, Whitechapel, and work for Mr. White, of Wapping, yon can go and inquire, if you please" and at that moment the policeman came up.
THOMAS MACKROW . I live in Back-lane, and am a furniture-broker. On the 15th of May, about a quarter before ten o'clock, the prisoner asked me if I would buy this van—I said, "What do you want?"—he said, "Ten shillings"—I asked him what use he made of it—he said he sold greens about the street—I said I doubted whether he came by it honestly, and should not buy it—he went on and called at a broker's shop to offer it—I followed him to Mr. Ives, and went to the policeman.
GUILTY . Aged 18.— Transported for Severn Years.
NEW COURT.—Monday, May 20th, 1839.
Sixth Jury, before Mr. Common Sergeant,
(Mr. Thomas declined the Prosecution.)
NOT GUILTY .
THOMAS LYON . I keep a shop in Amwell-street, Clerkenwell. The prisoner was in my service—these two pieces of linen are mine, and these pictures are my son's, who is seventeen years old—I have lost in money and goods about 15l.
MARY ANN REDMAN . I am the wife of a policeman. On Monday morning, the 13th of May, between ten and eleven o'clock, the prisoner was brought to the station-house—I found on her these two pieces of linen, and in her pocket I found these pictures.
GUILTY . Aged 22.— Confined Six Months.
1673. JAMES HARRIS was indicted for stealing, on the 14th of May, 1 pewter-pot, value 1s. the goods of James Brunton; 5 pewter-pots, value 4s. 6d., the goods of Joseph Ramsden; and 3 pewter-pots, value 3s., the goods of John Trotter.
SARAH BRUNTON . I am the wife of James Brunton, who keeps the Queen's Head, in Peter's-lane, St. Sepulchre. About five o'clock in the afternoon, on the 14th of May, I was in the bar—the prisoner came, and had half-a-pint of beer in a pint pot—I received that pot from Main, after it was taken from the prisoner's hat—this is it.
GEORGE MAIN . I live in Leonard-street, Shoreditch. I was at Mr. Brunton's house—I saw the prisoner take the pint-pot and put it on the settle—he then took his hat off, put it on the table, and then put it on the pot on the settle, and put both the hat and the pot on his head—he was going out—I called him back, and said he had stolen the pot—he came back, and took his hat off, and the pot was in it—I told him to examine his basket which he had, and in it were eight other pint-pots.
Prisoner's Defence. I met a person by the door of the house, who asked me to go in and have some beer—he said, "Lay hold of this basket, and here is a penny, get half-a-pint of beer"—I went in—he did not come, and as I was going this witness said I had got a pot in my hat—I went back, and said, "Is not the pot there?"
GUILTY . Aged 34.— Confined Six Months.
1674. WILLIAM AUGUSTUS GRANTHAM was indicted for stealing, on the 8th of May, 1 waistcoat, value 10s.; and 1 handkerchief, value 2d.; the goods of Daniel Edward Colston; and that he had been before convicted of felony.
DANIEL EDWARD COLSTON . I live in Field-place, Kensington, and am an upholsterer. About three or four o'clock, on the 8th of May, I was in my counting-house—I heard the side-door which opens into the passage shut—I went out, and saw the prisoner stepping off the threshold of the door—I came up to him—seeing something bulky under his jacket, I asked what he had got—he said, "Nothing of yours—it belongs to my brother"—I put my hand in, and pulled out this jacket, which is mine, and had been hanging up in the passage—I knew nothing of the prisoner—he had no right there—this handkerchief belongs to one of my children.
GUILTY . Aged 18.— Transported for Seven Years.
JAMES ALEXANDER . I live in High-street, Bloomsbury. The prisoner lodged in my house—I missed some dishes, jelly pots, and a coat—this coat and jelly pots are mine—the dishes I cannot swear to, but I lost eight, and they resemble mine.
JOSEPH FIELD . I know this coat is the prosecutor's property—I lodge in his house—I questioned the prisoner about it—she said Mrs. Johnson pledged it, in or about Rathbone-place—that she could not describe her, but she lived in Goodge-street—no such person is to be found there.
GUILTY . Aged 44.— Confined Three Months.
1676. RICHARD WILDMAN was indicted for stealing, on the 1st of April, 1 yard of silk serge, value 4s. 6d.; and 5 pieces of woollen cloth, value 15s. 6d., the goods of William Underwood, his master; and HANNAH WILDMAN , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
WILLIAM UNDERWOOD . I live in Poland-street. The prisoner Richard was in my employ for three months as an errand-boy—I have missed silk serge, woollen cloth, and various other things—this-is my property.
CHARLOTTE TURNER . I live in Pitt-street, Tottenham Court-road, and am a laundress. The prisoner Hannah Wildman came to my house, and said, "Do you want to buy a duplicate of three pieces of cloth belonging to Mr. Harrold?"—I gave her 1s. for the duplicate, and redeemed the property—this is it—she came again the same week, or the next, and said Mrs. Harrold wanted to sell this other piece of cloth, and I gave her harfa-crown for it—I know Mrs. Harrold, she is a waistcoat-maker—I believed it was her property.
HENRY LANE . I live in Crown-street, Soho, in the same house with the prisoners. On the 1st of May, the prisoner, Richard Wildman, came to my room, and offered me a piece of cloth for sale for 6d., he said it was his foreman's, and he was selling it for him—he had a great number of pieces of cloth at the time.
Richard Wildman. He asked me to steal a razor-strop for him. Witness. I did not, it is false.
Hannah Wildman. I lost my husband nine months since, and was in the utmost distress with three children—I had one child murdered in Tottenham-place, and was driven by distress to do what I did—my husband's brother is a silversmith, and he will take my son.
RICHARD WILDMAN— GUILTY . Aged 14.— Confined Eight Days.
HANNAH WILDMAN— GUILTY . Aged 34.— Confined Three Months.
GUILTY . Aged 31.— Confined Two Years.
NOT GUILTY .
GUILTY . Aged 66.—of Common Assault.— Confined Nine Months.
GUILTY .— Confined Two Years.
MATTHIAS MUNDAY . I live in the Broad-way, Hammersmith. I deal in glass and china—I have one partner—I have known the prisoner's wife for some time, she was housekeeper to a person who is deceased, and who
lived next to Mrs. Corry—on the 9th of May the prisoner came to my shop, and said Mrs. Corry had sent him for a pair of decanters—I knew her, and in consequence of his saying he came from her, I let him have them—I knew he lived with his wife, and had no suspicion—he came again the next day, and said the executors were assembled, and there was another pair of decanters wanted, that he had recommended me, and he hoped I should make him some consideration, and if I did not do it, then he hoped I should when the bill was paid—I let him have the second pair, which I should not have done by any means, if he had not represented himself as having come from her.
ELIZABETH MARY CORRY . I live in King-street, Hammersmith. I know the prisoner—I never gave him any authority to get any decanters for me—he was not in any way in my employ so that he might imagine himself authorized to get them.
Prisoner. I throw myself on the mercy of the Court.
GUILTY . Aged 47.— Confined Six Months.
NOT GUILTY .
Before Mr. Common Sergeant.
JOHN PHILPOT . I live at Ilford, in Essex. I saw my crow-bar in my stable at North End-farm, on the 4th of April, and missed it on the 8th—this is it—I know it by some particular marks on it, and by a piece being broken off the end—the prisoner had been at work for me six or seven days.
HENRY SIBLEY . I live at Aldborough-hatch. I bought this crow-bar of the prisoner on the 6th of April, for 2s.—J questioned him—he said he was in distress, and wanted shoes—he said he got it honestly.
Prisoner's Defence. I have had it by me four or five years—I worked for Mr. Oldacre—a man named Rowe bought this crow-bar at his sale, amongst a lot of rubbish—I bought it of him for a gallon of beer, and took it to my father, and had it there some time, we had a few words, and he told me to take my things, and I then sold it to Mr. Sibley.
EDWARD HADDER . I am a labouring man. I lodged at Barking, at the prisoner's father's—this crow-bar has all the appearance of the one he used to have there, which be kept in the shed near the house—he took it away when he left, these two years ago.
HADDER. I lodged at his father's when he lodged there—I think this is the crow-bar which he had, and which he took away—Mr.
Philpot told me it would be a good job for the prisoner's father and all belonging to him, to send him away.
JOHN PHILPOT. NO, I did not.
NOT GUILTY .
Before Mr. Justice Patteson.
1684. JOHN CLARKE was indicted for breaking and entering the dwelling-house of John Carter, on the 24th of April, at Greenwich, and stealing therein, 1 table-cloth, value 1s.; I apron, value 6d.; 2 shawls, value 15s.; 2 caps, value 6d.; 2 pairs of stockings, value 8d.; 1 shift, value 1s.; 1 petticoat, value 1s.; 1 gown-skirt, value 3s.; 2 handkerchiefs, value 6d.; 2 pieces of cotton, value 3d.; and 1 collar, value 6d.; the goods of John Smith.
MR. PATNE conducted the Prosecution.
MART ANN SMITH . I am the wife of John Smith, who is in the poor-house. I am a charwoman, and live in Stable-yard-street, Greenwich, in the house of John Carter. On Wednesday night, the 24th of April, I went out to get some wood, after the clock had struck eight—my room is the first floor front—I latched the street-door, and fastened my room-door with a catch-latch, which could not be opened without a key or force—the street-door could be opened outside—I returned within ten minutes, and found the street-door open—when I went up stairs, I could not get into my room, as somebody inside resisted against me—I asked who was there—nobody answered—I said, "For God's sake, who is in my place?" and a voice answered, "It is only me"—I screamed out, "Murder"—a man opened the door, and ran down stairs—I had closed the street-door after me when I came in—I went down after the man, find found him behind the street-door, trying to open it—I opened it myself, got on the step, and screamed "Murder"—he up with his fist and knocked me from the door into the road, and came out of the house—I got up and followed him, and never lost sight of him till he was stopped by Burgess—the prisoner is the man—when I came up I told Burgess to hold him, for I had found him in my place, and I would send for an officer—he held him, and an officer came—he offered to go back to the house with me, by myself, to let me see he had taken nothing, but I would not agree to that—the officer went back with me—I found a gown, which I had been making, taken off a chair-back where I had left it, and spread open on the floor, and two pairs of stockings, two caps, a handkerchief, and some pieces of linen, all lying on the gown-piece—I had left them all on a chair behind the door—there were two shawls on a round table, with a collar and handkerchief—I found them removed to a chair, and rolled up together—there was a petticoat, a table-cloth, and apron removed from their places—I gave them to the officer—I lost nothing—I am sure the prisoner is the man—T never lost sight of him—it was a beautiful moonlight night—there was nobody running in the street but him.
Cross-examined by MR. DOANE. Q. Was there not somebody about besides Burgess? A. Not till he was taken—it is not very dark in my passage—there is a window on the stairs, and the moon shone beautifully through it—I was very much flurried, but not so much but what I could follow him—I was not stunned—I was knocked down, but that did not take my attention from him—I could see distinctly where he went—the gas-light
was not far from me—I never closed my eyes—he was stopped in Stable-yard-street—there are other lodgers in the house, but there was nobody in the house then—the street-door was merely secured by a latch—I pay rent to John Carter—he lives there himself, and is the owner of it.
JOHN BURGESS . I am a waterman, and live in Stable-yard-street, Greenwich. On the 24th of April, between eight and nine o'clock, I was in the middle of the street, and heard a woman cry "Stop thief! Murder!"—I instantly saw a man run by me—I ran after him and caught him in Church-street, which Stable-yard-street runs into—he had only got across the road, in the same line—I saw nobody else running in that direction but the prosecutrix—when I laid hold of him, he said, "What have I done? What do you want with me?"—I said, "I don't know yet"—the prosecutrix came up and said, "He has robbed me"—in the mean time the officer came up—the prisoner said, "I was only making water"—the policeman took him—it was a moonlight night—several people came up at the time, but not in the direction of Stable-yard-street.
Cross-examined. Q. Is Church-street a continuation of Stable-yard-street? A. It joins it—it leads into the bottom of it—it turns into it—it is not in the same line.
MR. PAYNE. Q. Had he turned round, and got out of sight when you stopped him? A. No—only crossed the road in a straight line.
JAMES PARRY (police-constable R 8.) The prisoner was given into my custody—I went back with him and the prosecutrix to the house—the things were on the floor, and he said, "I have nothing to do with them"—a young man who was there said, "Why did you run?"—he said, because she called murder—I searched him and found on him a skeleton key and a piece of string—the key will open both the prosecutrix's room doors and several other locks as well—I tried it.
GUILTY . Aged 28.— Confined One Year.
Before Mr. Sergeant Arabin.
SUSAN ECCLESTON . I am the wife of Peter Thomas Eccleston, and live at Woolwich. On the 6th of May I hung some things out to dry, and missed a gown, a petticoat, and a cravat—these are them (looking at them)—I do not know the prisoner.
Cross-examined by MR. PAYNE. Q. Do you know the prisoner? A. Yes—she was with me from two to five o'clock that day—her husband is a corporal.
Cross-examined. Q. What day were they brought to you? A. Last Tuesday week—they were lost on the Monday.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined One Month.
Before Mr. Common Sergeant.
MARTIN HARROD . I am boatswain of the Dreadnought Seamen's Hospital-ship, lying in the Thames, off Greenwich. The property on board that vessel belongs to the Seamen's Hospital Society—I have their Act of Parliament here—it is a Public Act—the prisoner was a nurse on board the ship—I got a warrant and went to her lodging, at No. 4, York-street, Greenwich—I found these two sheets in the front chamber—they are the property of the Society.
Prisoner. The captain gave me some things, and I put the sheets round them to keep them dry, because it rained—I should have taken them back again.
MARTIN HARROD re-examined. She had a son going to sea, and she begged Captain Sanders to let her have a few "dead effects"—she took those things on the 2nd of April—I found these sheets on the 7th of May—they were on her bed, in use.
GUILTY . Aged 36.— Confined Three Months.
GEORGE BUTLER . I am a tailor, and live in Church-street, Woolwich. On the 3rd of May I missed my coat and two others, at five o'clock in the afternoon, off the pegs at the back of the shop—this is one of them—(looking at it.)
BENJAMIN LOVELL (police-sergeant R 15.) About half-past six o'clock on the evening of the 3rd of May, I saw the prisoner riding behind a gentleman's carriage—I made him get down, and found he had this coat tied up in this handkerchief—I asked what he had got—he said, a coat he had brought from Greenwich—I asked whose it was—he said, his young master's, whose name was Eastley, and he lived at No. 15, London-road—I took him to the station-house, and while there the prosecutor came and gave information—I went to where the prisoner said his master was, and no such person had been known there for fourteen years—he sent me to a place in the Kent-road, where he said his mother lived, bat I found no such person was known there.
GUILTY .* Aged 15.— Confined Three Months.
HENRY PETERS . I am carman to John Green, of Eltham. On the 23rd of April, about five minutes after eleven o'clock, I drew my wagon and horses up to the Lion and Lamb, at Lewisham—I went into the house—in about twenty minutes I came out, and missed the ornaments, and the straps—they had been fixed on the horses' bridles when I went in—the prisoner came into the tap-room while I was there, and the articles were found on him in my presence.
JAMES YOUNG (police-sergeant L 8.) I received information, and found the prisoner in the tap-room—I accused him of this—he strongly denied it—I found the things in his pocket—part were cut off, and some unbuckled.
Prisoner's Defence. I had been driving a horse to Romford, and I bought these.
GUILTY —Aged 16.— Confined One Month.
1689. GEORGE BIGGS was indicted for stealing, on the 17th of April, 1 jacket, value 11s.; 1 waistcoat, value 9s.; 1 pair of trowsers, value 14s.; and 1 pair of boots, value 10s.; the goods of William Manwaring, the younger.
MR. PAYNE conducted the Prosecution.
WILLIAM MANWARING, JUN . I am the son of William Manwaring—I live with Colonel Bird, in Howland-street. I was going to Burwash to see my father and mother, on the 17th of April—I gave my uncle, who is a carrier, a bundle containing the articles stated to carry down, at the Nag's Head, in the Borough, he put it into the middle of his cart—I went down with him, and when we got to Grinstead-green, we missed the bundle—these are the articles—(looking at them.)
JOHN MANWARINO . I am the prosecutor's uncle. I received the bundle from him, and missed it on Grinstead-green—I found a large hole had been cut in the truss that the things were in—they could not have been got at unless a person got up behind—I also lost fifty-three yards, of coloured cloth beside—I had left London about nine o'clock that night—it was very dark and wet.
HAMMOND SMITH (police-constable R 75.) I stopped the prisoner on Tanner's-hill, Deptford, between ten and eleven o'clock, on the night of the 17th of April—he had this bundle—I asked him where he was going—he said he wanted a bed, and he was going to Seven Oaks—I asked what he had got in his hand—he said he was a pot-boy, he had come from White-chapel, and they were his clothes—I asked if he had worn them—he said, "Yes, two or three times"—I took him to the station-house, and found they were not half big enough for him—there was some cold meat in the bundle—it was quite clean and dry, though it had been raining for two hours.
Prisoner's Defence. I was going to Seven Oaks the next day—I was going by New Cross, and saw the bundle in the road—there were some other things found the next day in a field.
GUILTY . Aged 20.— Transported for Seven Years.
WILLIAM EVANS . I am servant to Mrs. Carter. On the evening of the 22nd of April, my mistress's son pointed out five neckcloths and a waistcoat, which belonged to me—they had been safe in my box at seven o'clock that morning, in my bed-room—these are them—(looking at them.)
MARIA CARTER . I am a widow, and keep the White Swan, in Greenwich-road. On the evening of the 22nd, I heard a noise, and saw the prisoner coming down my stairs—I told him he had been up stairs—he said he had not—my son went after him—I followed him, but I did not see any thing found on the prisoner—I lost sight of him for a few minutes before he was in the officer's hands.
GEORGE STEWART (police-constable R 145.) I received information from Mrs. Carter's son, and took the prisoner—I went to the back of the premises, and in a skittle-ground he showed me some of these things—three of these handkerchiefs I found under a settle—two handkerchiefs I found on the prisoner between his shirt and his person, the key of the chest, and this black handkerchief were in his pocket—he was the worse for liquor.
(Property produced and sworn to.)
Prisoner's Defence. I was very much in liquor—if I took them, it was unknown to me.
GUILTY . Aged 19.— Confined Six Months.
1691. JAMES BOYLETT was indicted for stealing, on the 4th of May, 3 block sheaves, value 25s.; 1 metal cock, value 9s.; 9 inches of copper pipe, value 8d.; and 2 metal flanches, value 1s. 4d., the goods of William Morgan, his master.
JOHN MORRIS . I am store-keeper to Mr. William Morgan, an engineer, at Deptford. The prisoner was in his employ as a smith—this block was up stairs in the upper-floor—these sheaves and cock are his, and were missed on the 4th of May.
JAMES HAIRSINE (police-constable R 37.) I stopped the prisoner on Saturday night, the 4th of May, near the Coburgh public-house, in the Kent-road, with a bundle—I said I wanted to see what was in it—he said "You can look"—I attempted to look, and he ran away—I followed and took him—I found it was this property.
Prisoner's Defence. I was going to leave Mr. Morgan that night—I met some persons and got drinking—at the battle of Copenhagen, I got knocked down the main-hold of the Monmouth, and got an injury in my head, and when I have drink I am not conscious of what I do—I never saw these things at all—I left my bundle at the Coburgh public-house, it had not these things in it then, and how they got in I cannot tell.
GUILTY . Aged 64.—Recommended to mercy.— Confined One Month.
WILLIAM KEATS . I am a builder, living at Lewisham. In April the prisoner was employed to buy marble for me—he had a 10l. check, and I perceive it was bought in his own name—I believe he met with a friend of his father's, and the marble was purchased for me—he was in my employ till last October, at different periods—he had a quantity of marble at my former residence, delivered to him to manufacture at his leisure, the other was removed to my new building—Subsequent to the purchase of this marble, I employed him in October to put in some sills, and a builder was mentioning to me about the prisoner wishing him to take two marble chimney pieces in payment of a debt—this awakened my suspicions—I counted the marble that the prisoner had brought, and found but a small portion left—I made inquiries, and ray suspicions were so excited that I returned home, and asked my men whether the prisoner had had any marble away, and they told me yes.
Q. Have you lost any marble? A. Yes—I cannot say how much, because it was all intrusted to the prisoner—it is not here—I am deficient altogether, about fifteen feet—it is worth about 30s.—it was on my own premises—no one had the care of it—I do not know when I saw it last safe—I had no idea of any thing of the kind, I am not looking over my premises.
Cross-examined by MR. CLARKSON. Q. Have you told all you know on the subject of this marble? A. As far as regards my acquaintance
with it—as far as it can be ascertained, there is a deficiency of six or seven feet—I know of no circumstances except the witness's evidence.
Q. Will you swear you know of no circumstance causing this prosecution? A. As far as what has grown out of it—as far as asking him to deliver up the marble that was delivered to him—I never came to make any charge, nothing but a civil charge for him to return property intrusted to him.
Q. Then you now mean to tell my lord that you have told the circumstances out of which this prosecution has arisen? A. No, because these three pieces were taken away without my consent—Mr. Duboice was intrusted with some marble, and the rest was at my premises—he had no right to take it away—this was imposed on me by the Magistrate—I made inquiry of my men whether Mr. Duboice had removed any marble, to their knowledge—"Yes," a man said, "I helped him to take it away."
Q. Have you told all the circumstances that provoked this prosecution? A. There was nothing to provoke it—I have come here, which was the furthest off ray thoughts, but when a man had robbed me of my property—when I called for him to account for the marble he had supplied Captain Pidding—I have been dragged into this prosecution, as I stated before, and I am entitled to a patient hearing—I find I am deficient, and other circumstances are connected with this that will speak for themselves.
Q. Once more, I ask you, yes or no, have you told all the circumstances out of which this has arisen? A. I cannot comprehend, for the life of me, what you mean, because there are many circumstances connected with it—I know of no other circumstances.
Q. Did the prisoner ever summon you for a sum of money? A. Yes, he did—I am very glad you brought that forward—he said I owed it him—I was summoned about a fortnight ago, I think—I received a summons from the Justices to appear before them—the summons was returnable last Tuesday fortnight, and I attended to it—I did not go on the Monday and charge the prisoner with felony—I had no idea that I had a felony against him—I am very sorry that it amounted to it—when I was before the Justices at the Court of Requests, I did not deny what the prisoner challenged me with—I said he had to account to me for these chimneypieces.
Q. Did the Justices disbelieve that, and make an order upon you to pay the sum? A. I was bound to give him a written notice of the particulars of the set-off, and that I had not furnished him with—I paid the 2l. 6s. very readily.
COURT. Q. Was this set-off that you have spoken of what he is now indicted for? A. No, it was not—nothing of the kind, certainly not, MR. CLARKSON. Q. On the 25th of April, last year, was the prisoner at work for you at some houses of yours? A. It appears he was—I had supplied him with marble.
Q. Had you authorised him to purchase marble on your account, as he was in the trade, and you could save by his doing so 4d. a foot? A. That is a matter I deny—he was intrusted to go to buy it in his own name and mine.
Q. Did you not say that a part of your complaint was that he purchased it in his own name? A. I do not consider that a complaint—here is the bill—it is at 2s. 2d. a foot.
Q. Upon your oath, did yon not know, that unless he went as a person in the trade, you would have had to pay 2s. 6d. for it? A. I had bought, by Mr. Tranter, some at 2s. 1 1/2 d.—there is not a discount of 4d. a foot—there is none at all—I can go and buy as well as any man—I asked the prisoner to take some marble at my place to work into chimney-pieces—I cannot say how much, but this stolen, was on ray premises from April to October—I believe it was in May I trusted the prisoner with marble—I cannot say how long he continued to work on the houses—he did not work the whole time till the fall of the year 1838—I think he did not work till the fall of the year—he did not work till the autumn.
Q. Did you not, in the autumn, say you thought the days were getting too short, and you could not get work enough out of him? A. I believe I did—that was in the fall of 1838—I knew of nothing that I owed him—he had received every shilling, but I was summoned—I had no recollection of it.
Q. Did you, on the 26th of January, send a man to the, prisoner to tell him you had determined to begin the work again? A. I believe I did—I desired him to send me by that man the saw-tackle—he refused to send it, unless I sent a written order—I sent it and got it.
Q. Having sent to him for this, did you go without settling accounts with him, and employ another man on his unfinished work? A. I did do so, because I wanted to expedite the work—on the 30th of April the prisoner summoned me to the Court of Requests for 2l. 6s.—that was a disputed account—he summoned me for work—it was his own saw-tackle—it was not the prisoner's work I set another man on, it was mine—I cannot say what day I had to appear to the summons—I sent to him repeatedly to bring up the marble that I had intrusted him with, but I had no knowledge of any being stolen, and then I heard he had sold some chimneypieces, and that led me to suspect.
Q. Did you say any thing of what you now charge him with till the 6th of May? A. I could not, I had no idea of it—this I charge him with taking, was in October, the last time he was in my employ.
Q. Did the Magistrates say to you, "This is a most extraordinary charge; it never would have been preferred, if he had not summoned you to the Court of Requests?" A. I have no recollection of it, but I admit, for the sake of saving time, that they said what you say—but I believe they did not say any thing of the kind—I did not get a search warrant, and search his house.
Q. Did you search his premises? A. For what?—he had no stolen property that I knew of—I did not search his premises—I did not go to search them—I went to demand property—I went into the premises—I do not call that searching, to demand the property intrusted to his care—I went to his back-yard—he was there—I passed through the house—I saw him—I did not go any where but to the back-yard—I did not go up stairs—I did not go into the loft—I asked for marble, that was the very thing that I went for—he told me the marble he had was what I had intrusted him with, but I owed him 7s. 6d. on it; and if I gave him that, I should have it.
COURT. Q. Is that the marble you indicted him for? A. No, we have not found it.
MR. CLARKSON. Q. Did you give a sovereign and did his wife give you 12s. 6d. in change? A. She did—I said, "This it off the bill, I
suppose you mean?" and demanded the 7s. 6d. back, and the sovereign was returned—I had a man before the Magistrates, to measure the marble that the prisoner worked up.
Q. Did you offer to bribe this man with money after you made the charge? A. God forbid—I have lived too long in the world—sooner than do a thing of that kind, I would suffer death—I certainly did not offer him money—it is the last thing I should have thought of—if I was on a dying bed, I did not—I swear I did not—I did not offer him money.
(A man was here produced to the witness.)
Q. Look at this man—did you offer him money? A. I deny it most solemnly—I never pulled my purse out to him—Oh, shocking!
Q. Did he refuse to accept the money? A. Really this is a most affecting thing.
Q. Did he refuse to accept it? A. My good sir, it is a thing I am a total stranger to—the constable asked if I was not going to give them something to drink—I pulled out two shillings, and gave them to the witness Soard, to get drink—I believe the measurement was made—I only saw part of it.
Q. Was there found in a shed, among a parcel of rough work, some pieces of marble? A. I was not present.
Q. Did these pieces, when taken with the marble measured, amount to all the marble you had? A. No—there was five or six feet short, according to my man's measurement—it was taken down by three parties—I have no recollection of saying, when the pieces were found in the rubbish heap, that I never saw a man have such an acute memory in my life—I did not proceed to take the dimensions—the prisoner did not ask me to call over the dimensions in his presence—I left it to them—after this the prisoner gave me notice to produce the bill of parcels—I had not got it till I went up to Westminster to get it—the second hearing might take place on the 13th, I cannot say.
Q. Did the Magistrates threaten to turn you out of the room? A. Me out! Oh, no, nothing of the kind—I cannot swear it—it might have been done without my hearing it.
Q. Did the Magistrates say that, as you had chosen to swear, they must hold the prisoner to bail, to appear, if required, but they would not send him to prison on your evidence? A. Perhaps they did do that—yes.
Q. Did you ever say to George Grubb that you would not mind 50l. or 100l., if you could get the better of the prisoner? A. Certainly not—that is a villanous principle, come from where it will—I have been lugged into this thing contrary to my wishes—I would rather have given 20l. than it should have occurred—I did not say to the constable, "Dear me, I never thought it would have come to this—I wish Duboice had begged my pardon, I would have dropped it—if he had said the marble had been taken, it would have amounted to a civil action"—I never said I never saw so acute a man—the constable did not say he would have acted as Duboice had acted, for be was satisfied he was an innocent man.
Q. Did you say "Oh dear, I am so bad I cannot stand any longer?" A. No—I might, or I might not.
JAMES CLEMENTS . I am a labourer in the employ of the prosecutor. I was acting as such on the 20th of October, or some day since Michaelmas, I assisted the prisoner with three pieces of marble stone, which came out of the new stable of Mr. Keat's—they were put into a donkey-cart in
front of the building—I cannot tell what came of it afterwards—the prisoner authorized me to do it—it was white marble, with black streaks, in it—I am sure I cannot say whether it was chimney-pieces—it was three or four feet in length, and nine inches wide.
Cross-examined. Q. When was this? A. I cannot say to the month or the day of the month.
Q. Did you say on the 20th of October, or some day since Michaelmas? A. Yes, some time near that—he took it away with his cart and donkey.
Q. What will you say, if I prove the donkey was dead? A. I will say the same as I do now—I was first asked about this last Friday week.
WILLIAM BLACKWELL . I am a carpenter. I believe it was from the 20th to the 25th of October, that I saw the prisoner, with the assistance of Clements, put some marble into a cart drawn by a donkey, at Mr. Keats's.
Cross-examined. Q. Has the prisoner lived in Lewisham for the last twenty years? A. I cannot tell.
Cross-examined. Q. Did you ever know a charge against him in your life? A. No—I have known him living there three or four years—the warrant charging him with felony, was obtained last Monday week, the 6th of May—I was in attendance opposite this court before the bill was found—I saw Mr. Keats on Tuesday, the first morning the prisoner was in attendance to take his trial—he came up with me—Mr. Keats said to me, "I am very unwell, I wish it had not come to this—if Dnboice had spoken to me, it would not have gone so far"—I said "If I had been Duboice, I should have done as he has done, for I am satisfied of his innocence."
COURT to MR. KEATS. The whole teems to consist in this, that some day the prisoner ordered some marble to be put into his donkey-cart, but what of that? how do I know that he might not have been going to execute his work for you? A. I do not deny it, my lord.
NOT GUILTY .
GUILTY . Aged 16.— Confined Three Months.
Before Mr. Recorder.
1694. JAMES BLORE and WILLIAM RUSS were indicted for stealing, on the 29th of March, 13lbs. weight of copper, value 9s., the goods of William West and John Smith, from a certain dock adjacent to the river Thames, and that Russ had been previously convicted of felony.
WILLIAM WEST . I am a shipwright, and live in Abdy-street, Horsley-down. On the 29th of March I and my partner had a quantity of sheet-copper to be removed—we had premises at that time for repairing vessels
—it is a dock adjacent to the Thames—we lost 131lbs. weight of copper, worth about 9d. per lb.
SAMUEL WILLIAM BOTTOMLEY . I live with my father at Oxley-place, Bermondsey. I saw the prisoners at the fore-and-aft dock, about half-past one o'clock on Good Friday, with the copper—they wanted me to put it into the barge-cabin—Blore had the copper in his hands—he chucked it Overboard into the water off the stage adjoining the wharf—I saw them again about four o'clock the same day, come and put the copper under the punt's bottom—both of them did that—I told the young man who was at work with me of it.
Russ. He did not see who took it, but the policeman threatened to put him in a dark hole in prison for three months if he did not tell him, Witness. He did hot.
THOMAS COSTON . I am a policeman. I searched among the mud in the dock, and found one sheet of copper under the punt where Bottomley described it, and another sheet in the mud by the side of the boat—I have it here—I had seen the prisoners about half past six o'clock that evening, coming in a direction from the premises, and about one hundred yards from them—they were both apprehended on the Saturday.
Blore's Defence. I was going down to the Railroad to look for work-as I came back I saw this gentleman and the policeman standing together—I passed them, and went home—my foreman came to fetch me to go to work on Good Friday night, and on Saturday morning I got up at half-past five o'clock to go, when the policeman took me.
WILLIAM LEVERICK (police-constable R 57.) I produce a certificate from Mr. Lawson, clerk of the peace for Surrey—I was present at Russ's trial in February, 1838—he is the person described in the certificate—(read.)
BLORE— GUILTY . Aged 17.— Confined Twelve Months.
RUSS— GUILTY . Aged 19.— Transported for Ten Years.
GEORGE VINCENT (police-constable M 134.) I was on duty on Bankside on the night of the 29th of March—I saw the prisoner and three others go on board the barge Vincent—I saw the prisoner fill this bag with coals—he came up the stairs by the Welsh Trooper—one of the others had a bag, but he escaped—I took the prisoner with 40lbs. weight of coals.
Prisoner. A boy came up, and said he would give me 2d. if I would go down and get some coals—I went down, and a boy put the bag on my shoulder—he told me to take them to the public-house—I was not on the barge, only alongside. Witness. He was on the barge—I took him about forty yards from it—I had not lost sight of him at all.
JURY. Q. How far were you from the barge? A. About twice the length of the barge—it was light enough to see him—I did not lose sight of him—he landed first, and I took him, and the others ran away—he came direct from the barge on to the shore, walked about forty yards along the shore; he then came up the stairs, and I took him—I saw him fill the bag on board the barge.
(The prisoner received a good character.)
GUILTY . Aged 15.—Recommended to mercy,— Confined Three Months.
Before Mr. Sergeant Arabin.
GUILTY . Aged 33.— Transported for Seven Years.
1697. MARY SMITH was indicted for stealing, on the 24th of December, 2 flannel shirts, value 7s.; 2 pinafores, value 1s.; 3 shirts, value 12s.; 3 frocks, value 3s.; 6 napkins, value 3s.; 2 gowns, value 5s.; 1 sheet, value 6s.; 1 pair of stockings, value 1s.; and 1 yard of linen cloth, value 8d.; the goods of Peter Haslip, her master.
MARTHA HASLIP . I am the wife of Peter Haslip, of Magdalen-street, Borough. The prisoner was in my service for twelve months—on the 2nd of May my daughter wanted a frock—the prisoner said it was at the washerwoman's—we sent for it, and the woman said it was not there—the prisoner then said she had pledged it—I then asked her about a great many other things—she denied that she had pledged any thing else—I never permitted her to pledge any thing.
GUILTY . Aged 34.— Confined Six Months.
Before Mr. Recorder.
JANE HOCKINGS . I am the wife of Thomas Hockings. We keep a coffee-shop in Black man-street—on the evening of the 2nd of May I was called down into the shop—the prisoner was standing there, in great confusion, having just let these medals fall from the box, which was kept in the window, covered with glass—there was a curtain to the window—none of my customers had any business at the window—the medals are worth 9l.—they are silver gilt and metal—I have one here worth 1l.—that is silver—they were there for sale—they are called medals, and are worn as such—he had only one cup of coffee, which he had partly drank, and paid for—I had never seen him before.
CHARLES WARD . I am a shoemaker, and live in Rose-street, Long acre. On the evening of the 2nd of May I went to Mr. Hockings coffee-shop—I looked in at the window about nine o'clock, and saw the Box of Temperance medals—being a member of the Society, I looked In at the window—there is to be a grand procession on Whit-Monday, and we intend wearing them—they were placed in a box, with a glass, over it and a bill on it, stating that the medals were from 4d. to a guinea each—some were 24s.—I went into the shop, and saw the prisoner sitting in a settle next to the window—there was nobody else there—I sat facing him about a quarter after nine o'clock I saw him standing up, and leaning over the settle, with his arm in the window—he brought the box out of the window—the hinge fell back, and he dropped the box in his confusion, and the medals were thrown out—when I came to look at the window, I found he had taken off the glass which had covered them, and put it against the
settle—I gave an alarm—the prosecutrix soon came down, and asked what he had done with the glass—he said he did not know—I stood at the door to prevent his going out—he did not attempt to go out, but seemed confused—I should say he did not know I could see him—I was perhaps three yards from him, but not in the same settle—he might have taken them without my seeing him, if I had not glanced my eye there at the moment.
Prisoner. I took the glass off the box, placed it on the settle, and was replacing the box in the window, when some of them fell out—he came and caught hold of me—he was sitting with his back to me, and says he saw me take the box out of the window—I had merely taken it out to look at them, and was replacing it at the time. Witness. On my oath he was taking it from the window, not putting it back—I did not collar him—he was not attempting to carry it away—he was merely in a confused state—he had not concealed them.
JOHN AGATE . I am a policeman. I took the prisoner, and the box of medals was carried to the station-house—I have only one here—there were three round ones like five-shilling-pieces—I went to the prisoner's mother in Union-street, Newington-causeway, and found her a very respectable woman.
NOT GUILTY .
1699. PURCILL FORD was indicted for stealing, on the 4th of May, 6 cups, value 10s.; 1 glass tumbler, value 1s.; 1 brush, value 1s.; 6 plates, value 1l.; 2 candlesticks, value 4s.; 1 looking-glass and frame, value 7s.; the cover of a cushion, value 10s.; and 1 bag, value 6d.; the goods of George Williams and others: and 8 gas pillars, value 2l., the the said goods of George Williams and others, fixed in a building there.
JOHN HOPKINSON . I live in Bridge-house-place, Newington-causeway—I am one of the deacons of Great Suffolk-street Baptist chapel. On the 4th of May I went there, and found Marchant, the pew-opener there, and eight or ten of the gas-fittings were taken away—I missed the articles stated, several of the lockers were broken open, the hymn books and tracts scattered about, and a box in the library up-stairs, broken open, and half-pence and farthings contributed by the children of the Sunday-school to to the Missionary Society taken out—the property belongs to the trustees and deacons, George Williams and others—they have the care and charge of them—the chapel-keeper, who is their servant, has charge of the chapel.
JOHN WARD . I am a leather-dresser, and live in Friar-street—I work in premises adjoining the chapel. On the 4th of May, at half-past five o'clock in the morning I observed some persons come out of the chapel—I watched them into Suffolk-street—I went to the door, and saw two men standing opposite Chapel-place—one gave a whistle—I called over to Brown—he made a stop opposite the door, and said, "Why don't you come out, why stand peeping there?"—the prisoner immediately came out of the chapel, and I held him while Brown ran after the other two—he said, "Do you mean to let me down?"—I said, "No"—he said, "If you do not, I will down you"—the policeman came up and took him.
JOHN BEOWN . I am a fire-wood cutter, and live in Chapel-place. I saw some men come out of the chapel about half-past five o'clock in the morning—two went over to Mr. Knight's and stood by his railings—Ward called me—I heard a whistle given, when the policeman got out of sight—I observed the chapel-door opened when the whistle was given, and the prisoner looked out, peeping at me—I said, "You have no business there,
why not come out?"—I laid hold of him just as he came off the chapel steps, gave him to Ward, and went after the other two.
Prisoner's Defence. I was made drunk by two men who asked me to carry some gas-fittings and other things to Whitechapel—being drunk, I said I would—they put the things into my trowsers, and told me when they whistled to come out—they were to give me 5s. or 6s.
GUILTY .* Aged 20.— Transported for Seven Years.
SUSANNAH COLBY . I am the wife of Joseph Colby, a shoemaker, in Free-school-street. On the morning of the 7th of May, I was in a room behind the shop, and saw the prisoner come in, go behind the counter, take a pair of shoes from the window, and go out—I called out, and my husband ran out after him—I am certain he is the man.
JOSEPH COLBY . I ran into the shop, and saw the prisoner going out—he ran up Fair-street and Potter's-fields, and was taken on Davis-wharf—I let him go when he was brought back, pot missing any thing—I afterwards looked, and missed a pair of shoes—I went out, laid hold of him and gave him in charge—I found a pair of shoes under some dung in Davis-wharf, in the direction he had run.
HENRY ANDREWS . I am a labourer, and live in Fair-street I heard a cry of "Stop thief"—I ran after the prisoner down Potter's-fields, on to Davis-wharf, and stopped him—the dung-heap was in the direction he ran.
(Property produced, and sworn to.)
Prisoner's Defence. I was going to look for work, and being rather behind-hand, I ran—I stopped when I heard the cry—he took me and another boy back to the shop, and let us go—we went away, and he came and took me again.
GUILTY . Aged 17.— Confined Three Months.
HENRY WALLACE . I am a baker, and live at Putney. The prisoner came to my shop on the 4th of May, about eight o'clock in the morning, took a loaf off the shelf, and concealed it under her shawl—I came into the shop, and she asked me for a two-pound loaf—I weighed it, she paid for it, and walked out with both loaves—I followed her about ten yards, she turned the corner, and I gave her in charge—both loaves were found on her—I knew her before—she lived down a lane close by my shop—she has a husband and a large family.
Prisoner. I have six children, and a husband out of employment.
GUILTY . Aged 44.— Confined One Day.
NOT GUILTY .
Before Mr. Justice Patteson.