CENTRAL CRIMINAL COURT.
NINTH SESSION, HELD JULY 8, 1839.
MINUTES OF EVIDENCE,
Taken in Short-hand
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, July 8th, 1839, and following Days.
Before the Right Honourable SAMUEL WILSON , LORD MAYOR of the City of London; Sir John Bernard Bosanquet, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Matthew Wood, Bart.; Matthias Prime Lucas, Esq; Charles Farebrother, Esq.; and Thomas Kelly, Esq., Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City; Sir Chapman Marshall, Knt.; James Harmer, Esq.; John Pirie, Esq.; John Lainson, Esq.; and John Humphrey, Esq., Aldermen of the said City: John Mire-house, 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. NINTH SESSION.
A star (*) denotes that a prisoner has been previously in custody—Two stars (**), that they have been more than once in custody—An obelisk (†), that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, July 8th, 1839.
First Jury, before Mr. Recorder.
2004. GEORGE PIZZEY was indicted for feloniously forging an acceptance to a certain bill of exchange of 50l., with intent to defraud Thomas Ashby, jun. and others.—2nd COUNT, for Uttering the same, with a like intent.
MR. CLARKSON conducted the Prosecution.
SKIDMORE ASHBY . I am one of the firm of Thomas Ashby, Jun., and others, bankers at Staines. The prisoner is a hay-dealer, and lives at Upper Halliford, near Sunbury—on the 22nd of March, about three o'clock, he brought this bill of exchange, and wished to know if we would discount it for him—we bad discounted several for him before with the same mark on them, which were taken up by the prisoner—John Cole keeps an account with us—he had at that time a floating balance with us, and we discounted the bill—I knew that Cole only put his mark to the cheques he drew, and I paid the money to the prisoner.
Cross-examined by MR. PAYNE. Q. You say you discounted several, when did that begin? A. I cannot say at all—this was the only one I discounted personally—I have seen one other bill, and my partners told me there were more—I never heard that it commenced at the beginning of March, 1888—I made no inquiry—they were all paid by the prisoner, except this—this was not due when the prisoner was taken into custody—(looking at some other bills)—the receipts on the back of these bills were written by a son of one of the firm.
MR. CLARKSON. Q. At the time these bills were in your house, had you, or any of the firm, to your knowledge, any suspicion that the purported acceptance of Cole was not his? A. We had, of the previous bill to this, but not of these, certainly.
JOHN COLE . I am a farmer at Sunbury. I cannot write, I usually make my mark—I know the prisoner—he keeps a beer-shop called the Fox, at Upper Halliford—I did not make this cross on this bill of exchange, (looking at it) on the 22nd of March—I did not owe the prisoner 60l., or any thing at that time—I know nothing of this bill of exchange
—I never; authorized the prisoner to make my cross to it—I never authorized him to accept or draw a bill of exchange for me.
Cross-examined. Q. Or to put your name in any way? A. No—I swear that positively—he certainly did ask me to do something for him at a loan club at Sunbury, but I said no—it is a club where persons can get 5l. or 10l., provided a responsible person will be bound for them, and he asked me for my name—that is about eighteen months ago—I cannot say exactly—it was not the 3rd of March, 1838—he asked me if so be he could make use of my name, and I told him no—I do not know in what way he meant—I swear I never said I could not write, but that he might put my name.
Q. Do you remember going to him on the 3rd of March, 1838, when he owed you some money, and finding him standing against the stable? A. I cannot say the day of the month—we had some conversation on this side of the stable adjoining my house—I do not know whether he owed me any money at that time—I cannot say whether I received any money from him that evening—I do not recollect it—I cannot swear I did not—I know I let him have a little hay, and certainly I was often backwards and forwards for the money—I did not tell him that I could not write, and he might write my name on a bill, and that would do as well—I can swear I did not—I do not recollect his telling me to come to his house that evening, and he would pay me the money he owed me—I have seen the prisoner's son—he was not there on that occasion—I swear that—he was no where near us when we had the conversation—I cannot say whether I went to the prisoner the same evening—it is so long ago I cannot recollect all these little things—he never paid me any money, and thanked me for allowing him to use my name—I did not say he was very welcome to it at any time, if it was any good to him—I have kept money at Messrs. Ashby's for several years—when I have a little money which I do not want, I pay it in then, and take it out when I want it.
MR. CLARKSON. Q. Is there a club, or any thing of that sort, in Sunbury, where, by using the name of another man, you can get a little money advanced? A. Yes, I think they call it the loan club—the prisoner asked me if be might use my name to get a little money, but I told him ho—I never authorized him to put my name to any bill of exchange at all.
WILLIAM COLE . I am son of last witness. lean write—(looking at the bill.)—I did not write this "Witness to the mark of John Cole, William Cole," nor any part of it—I do not know any thing about it—I never authorised the prisoner to do it for me, or any thing else—I did not know such a bill was in existence till it was brought to my father.
JOHN ANNING . I am a schoolmaster at Sunbury, I know the prisoner In March last he came to me, and asked me to draw up a bill of exchange for him—I did so—the body of this bill is my hand-writing—the words "John Cole, Sunbury," have been introduced subsequent to my writing it—at that time neither Cole's or Pizzey's name were there—I cannot swear to the prisoner's writing—I have seen letters of his, but I never saw him write, or received letters from him myself.
Cross-examined. Q. How long have you known the prisoner? A. About a year and a half—I knew him by his children coming to ray school—I never heard any thing against him.
MR. CLARKSON. Q. Did you receive any paper, by way of instruction, to draw it? A. Yes, I have it here (producing it.)
(Bill read)—"22nd March, 1838. Three months After date, pay to my order the sum of 60l. for value received. GEORGE PIZZEY. Payable at Messrs. Ashby's bank, Staines. Accepted, John Cole. X Witness to the mark of John Cole, William Cole."
MR. PAYNE called
JAMES PIZZEY . I am sixteen years old. I remember a conversation between my father and Mr. Cole—I think it was about twelve months ago last October, at our house, against the stable—I heard my father ask Mr. Cole if he should not like to have the money he owed him—Mr. Cole said yes, it would be very acceptable to him, being Saturday night, and he should be very glad of it—my father said he had no money at that time, would be be so kind as to sign his hand on a bit of paper for him—Cole said he could not write himself, but if father would do it for him he was welcome to it—my father went and got the money—I think he had it from Staines—I did not go with him—Mr. Cole came to our house the same evening, and father paid him—he said at the time he paid him that be was very much obliged to him for what he had done for him—and Mr. Cole said if that was any good to him he was welcome to it at any time—he was thanking him for signing his hand—it was mentioned what it was for—my father said he was very much obliged to him for signing his hand—and Mr. Cole, said he was welcome to it at any time, if it was of any use to him—they were always very good friends, as far as I know.
MR. CLARKSON. Q. Where were you when, your father was taken up? A. At work for Mr. Swaile, at Sunbury—I went home at night and went to work in the morning—I did not go before the Magistrate and state this—I was not asked to go—I should not have come here if I had not been asked—my mother told me I was to come here last Monday morning—my father had been in prison some time then—his trial was to have come on last Sessions, but was postponed at his own request—I did not come on town then—I was at home, and could have come if I had been asked—I go to school—I do not know that my father ever wanted to borrow money of this loan club at Sunbury—my father first asked Mr. Cole to sign his hand, and he said he might do it for him whenever he liked—he did not say for what amount—I did not hear any amount mentioned—he did not mention any sum—nobody has been taking down what I was to say when I came here—nobody has been asking me any questions about it—I swear that—I have seen nobody about it but my mother—she brought me up to town—my mother told me no more than what I heard my father say—she told me no more than as how I was to be here—she did not tell me my father would be transported if I did not come—she told me I was to come, nothing else—I think she did tell me, if I did not told me I was to my father would be transported—she told me I was to say that Mr. Cole gave my father authority to sign his hand, and if I did not say so my father would be transported—she told me so last Monday evening—that was the first time she told me what to say—I was at home when my father was before the Magistrate—our house is nearly five miles from the Magistrate—I did not go that day—I went the second day, and saw him at Staines when he came out from the Magistrate—I was not told to go in.
MR. PAYNE. Q. Is it true that this conversation did take place, between your father and Mr. Cole near your stable? A. Yes—my mother did not tell me to say what I did not know—I knew myself what I heard my father say—she told me to state what I knew—if I had been called in to
the Magistrate at Staines, I should have given the same statement I have to-day.
COURT. Q. How near were you standing to Mr. Cole when your father asked him this question? A. Within a yard of them—it was between seven and eight o'clock in the morning, and the conversation in the evening was between seven and eight o'clock.
(William Rose, a cattle-dealer at Sunbury, gave the prisoner a good character.)
GUILTY of Uttering. Aged 38.— Transported for Ten Years.
GUILTY. Aged 69.—Recommended to mercy.
(To enter into his own recognizances and to appear and receive sentences when called upon.)
NEW COURT.—Monday, July 8th, 1839.
Fifth Jury, before Mr. Sergeant Arabin.
MESSRS. PHILLIPS and THOMPSON conducted the Prosecution.
ROBERT EDWARD BROUGHTON, ESQ . I am a Magistrate of Worship-street office—St. Matthew, Bethnal-green, is in our district—Mr. Grove is a brother Magistrate—I produce a summons issued from our office—I made on the back of the summons a few rough notes, merely calculated to fix my own attention—it was a summons in place of an information agianst Mr. James Standley—I can tell the Court the evidence the prisoner gave on that occasion—I think it right to mention that without the help of these notes, I could not have spoken to this case with any degree of correctness, it went from my mind entirely, but when I was spoken to, on looking at the notes, the whole was brought to my recollection—I recollect the prisoner perfectly—he was the witness to support the summons—I remember he said he went to the house in question at about five minutes before twelve o'clock on Sunday—the allegation was that Standley kept this house open on Sunday the 7th of April, during the hours of Divine service—I remember asking him what time he went by—he stated that he went by Shoreditch clock—that he found in the house ten men and three women in the tap-room drinking and smoking—some of them were a little fresh—that in about five minutes after ten o'clock, more men came in—they had some beer, and he said in answer to a question as to the mode in which they came in, that the last ten rushed in all together, making twenty-four persons in all, including himself—he described that shortly after there came a knock at the door—and upon this knock all these persons he described were all put out into the skittle-ground—he described the knock to have been from the visitation of the officers—he said, "After the officers left, a man came and called us all in again—I stopped there about twenty minutes, and then went away, leaving the greatest part of them there"—after that there was a cross-examination by a counsel or attorney and in that cross-examined he said the door was open when he came to it, but closed when the knock came of the officers—that is the substance of what he said, with the exception of an answer to a question I asked him, he said that the man who called them in was some servant of the house.
Cross-examined by MR. BALLANTINE. Q. He referred to the day mentioned in the summons? A. Yes, the 7th of April.
JAMES STANDLEY . I am the landlord of the Red Cow public-house, Castle-street, in the parish of St. Matthew, Bethnal-green. I remember being summoned at the instance of Rawlings, the informer—I attended before Messrs. Broughton and Grove—I remember Sunday, the 7th of April—I think the examination Was on the Thursday after—it is not true that on Sunday, the 7th of April, there were in my house ten men and three women drinking and smoking; nor that between that time and the hours of divine service finishing, ten more came in; nor that, between the hours of twelve and one, there were twenty four persons in my skittle-ground—there were no one except the carpenter, who is here—we know when the church service is ended in our parish, by the tolling of Shoreditch church bell—I did not let in any persons between eleven o'clock and the time the bell tolled—the doors were not opened at all—I was in the house or skittle-ground all the time—there is not one word of truth in twenty-four persons having been there—the carpenter was backwards and forwards into the house ail fine time.
Cross-examined. Q. How long hare you kept this house? A. About nine mouths—the skittle-ground is at the back—you go along an open court-yard to it, about twenty yards—the carpenter was altering the skittle-frames, as it was more convenient to have it done" at that time—my family consists of my wife and niece, a young child—they were there at the time—neither my wife or niece are here—they were backwards and forwards in the tap—that is where we cook oar meat generally—while I was in the skittle-ground they were at the bar, and tap, no doubt—I was never away for five minutes—they had the power of opening the door—I think the carpenter came about a quarter before eleven o'clock—he went out just at his dinner time, before one o'clock—my niece is at home.
MR. PHILLIPS. Q. You going backward and forward from the skittle-ground to the house, can say whether you found any persons drinking in the house? A. Not one—I can swear there were not twenty-four in the skittle-ground.
GEORGE WOOD . I am the prosecutor's pot-boy. I remember Sunday the 7th of April—I appeared before the Magistrates on my master's summons—I was examined there for the defence—the Magistrate went at great length, and heard both sides—the church service finishes about a quarter to one o'clock—we know the ending of the church service by the striking up of the bell—between eleven o'clock and the bell striking out, no persons were admitted into the house to drink—I was in long-room cleaning it out—that is right in front of the street door—no person could have been let in without my seeing it—there is not one word of truth in ten persons coming in in a body during those hours—there were no persons in the skittle-ground except the carpenter.
Cross-examined. Q. It was after eleven o'clock you went to work? A. I went to work before eleven o'clock—none of the family went to church—the Magistrate went through, all the evidence on both sides—I was the last that was examined—I was outside before that—I did not hear any one of the witnesses examined.
MR. PHILLIPS. Q. Did you hear them called one by one, and go in? A. Yes.
GEORGE COLLETT . I am a carpenter. I recollect the 7th of April—I was at work at Mr. Standley's public-house that day from the striking of eleven o'clock till five minutes before one o'clock, in the skittle-ground—I went to the cellar-flap for nails—no persons came in—if they had, I must have seen them—Mr. Standley was in the skittle-ground with me—that I stated before the Magistrate.
Cross-examined. Q. Mr. Standley was with you nearly the whole time? A. He was there for more than half an hour at a time—I went out of the skittle-ground, and therefore we could not both have been together—I went to the cellar-flap for nails—he might have been there half an hour, but not more.
MR. PHILLIPS. Q. Is it in the possibility of things that twenty-four persons could have been in the skittle-ground without your seeing them? A. They could not—when I went to the flap I generally left Mr. Standley in the skittle-ground.
GUILTY . Aged 61.— Confined Two Years.
GUILTY . and entered into recognizances to appear for judgment when called for.
NOT GUILTY .
OLD COURT.—Tuesday, July 9th, 1839.
Second Jury, before Mr. Recorder.
RICHARD BUTLER . I am a cheesemonger, and live in Cow-cross. About six o'clock in the evening, ion the 28th of June, the prisoner came to my shop for a hock of bacon—I said I had not one—she was shuffling about the shop, and while I was engaged with some customers, I saw her put this ham and bacon under her cloak, and was going out of the shop—I stopped her, found them upon her, and gave her in charge—she was rather intoxicated at the time.
Prisoner's Defence. I had money in my pocket, and intended to pay for them.
GUILTY .* Aged 66.— Confined Three Months.
On the 21st of June I was in Long-lane, Smithfield, about ten o'clock in the day—I felt something abstracted from my pocket—I turned round, and missed my handkerchief, which I saw sticking out. of the prisoner's pocket—I took it from his pocket, and gave him into custody of a policeman—he was about four yards from me, and the nearest person to me.
Prisoner. Q. Did you feel me take it out? A. I felt somebody take it out.
(Property produced and sworn to.)
Prisoner's Defence. I picked up the handkerchief, as I was, walking along Long-lane, put it into my pocket, crowed over the road, and the gentleman crossed and seized me.
GUILTY * Aged 15.— Transported for Ten Years.
ELIZABETH SNELL . I am the wife of George Snell, and live in Ellis-court, Brook-street. I rent two rooms on the first floor, my child sleeps in the adjoining room to me. On Sunday, the 24th of June, between three and four o'clock, I heard the child cry—I got out of bed, and took the child into my own bed—I fell asleep—being broad day-light I did not lock my room—I was awoke again, between four and five o'clock, and saw the prisoner inside my room—I hallooed, and got out of bed, and awoke my boy—I saw two persons run down stairs—I missed three half-crowns and 7s. 6d. from my pocket, and a watch, which hung over the mantel-piece—I had let my husband out to work at two o'clock in the morning, and locked the door—the money was safe when I went to bed—I did not know the prisoner before—I am quite certain it was him.
WILLIAM SNELL . I sleep in the next room to my mother—I heard her give an alarm—I got out o(f bed—my mother said, "Stop him"—I ran down stairs in my shirt—he crossed the road, and then ran down a court—I lost sight of him—there were two boys, but the prisoner. was behind—I saw him upon the stairs, and knew him—I have seen him about the court before, and knew him by sight—he frequently, used to go by the house with a tin kettle full of coals.
GEORGE PAVET (police-constable K 240.) On the 26th of June I apprehended the prisoner in Brook-street—I said, I have been looking for you for a day or two"—he said, "What for?"—I said, "For stealing a woman's watch and money"—he began to get away, and began crying, but I secured him, and found 5s. 8d. upon him—I could not find the watch.
Prisoner's Defence. I was coming home to breakfast, when this young fellow took hold of me, and broke my pipe—I know nothing about the watch—I am innocent—I was fast asleep in bed when it happened.
ELIZABETH SNELL re-examined. There is only myself lodging in the house—there are two street-doors, and they were looked—I did not go down to let my husband out—the people who live down stairs keep the house, all but my two rooms—I am confident my husband shut the door, it fastens itself, without being locked.
GUILTY .* Aged 17.— Transported for Seven Years.
ELISA STONEHAM . I am in the service of Mr. Edward Healey, a ladies' shoemaker, in High Holborn. On the 29th of June, I was coming down stairs to the kitchen, about half-past seven o'clock in the morning—when I got to the shop, I saw the prisoner in the back shop—I asked him what he wanted—he said he was waiting for the man who was taking down the shutters, that the shopman had spoken to him, and that he had some work for him—I went to call the shopman in, when the prisoner passed me and ran out—he had a bag under his arm—he was afterwards brought back.
CHARLES PAYNE . I live in Wardour-street, Soho. About half-past seven o'clock, I was going along Holborn, and saw the prisoner run out of the shop furiously—Stoneham came to the door—I pursued the prisoner up Brownlow-street into Warwick-lane—he threw the bag from under his arm—I took it up, brought him back to Healey's shop, and he identified the property in the bag as his—I gave him to the policeman.
GUILTY . Aged 22.— Transported for Seven Years.
JAMES WATTS . I am a grocer and cheesemonger, in Monmouth-street The prisoner was in my employ—he lodged and boarded with me—on Monday, the 17th of June, I sent him to Mr. Hunt's, in Monmouth-street, to get a pot of ale for supper, and to receive a bill of 17s. 6d.—he brought it back to have it receipted—I gave it to him again, and he never returned till the Friday following, when the policeman brought him—he had been about ten days in my employ—I had a reference with him, but had not time to go for his character.
HENRY HUNT . I am a customer of Mr. Watts. On the 17th of June, the prisoner came for some ale, and produced the bill to me—I told him to go home and get it receipted and he should have the money—he returned with it receipted, and I gave him the money—I paid him in shillings and copper.
GUILTY .* Aged 15.— Transported for Seven Years.—Isle of Wight.
THOMAS HOLYOAKE BEAUMONT . I am a boot and shoemaker, and live in Strutton-street, Westminster. On the evening of the 26th of June, a lad came to my shop about half-past nine o'clock, with a note—while I was reading it, I heard Mrs. Baker, my lodger, give an alarm of "Stop thief"—I saw several persons running in the street—I joined them, returned to the shop, and missed a pair of shoes cut from a rail inside the shop—the note was something about ginger beer—it was all nonsense—it drew my attention from the door.
house as the prosecutor. On the 26th of June, I was crossing the road to go home—I saw the prisoner on the middle step of the door cutting down, a pair of boots with a knife—he ran away—I was near enough to him to catch hold of him, but bad both my hands full—I am quite certain of him.
GEORGE CARTER (police-constable B 157.) I apprehended the prisoner.; twenty minutes after this happened in Old Pye-street—he saw me, and ran up stairs into a strange house, but could not get into the room, and I took him—he asked what it was for—I told him—he said he supposed it would be another three months for him—I found a knife on him.
Prisoner. Coming along a man gave me a pair of boots to take home——I went to the house, where the policeman caught me, to find my brother, but he was not in. Witness. I saw no boots, in his hand.
Prisoner. I must have gone into the shop to take them—the woman lays I was on the steps.
GUILTY .* Aged 19.— Confined for Six Months.
2015. SUSAN MORRIS , and SUSAN MORRIS the younger, were indicted for stealing, on the 24th of June, 1 handkerchief, value 2s.; 1 purge, value 1s.; 13 sovereigns, and 3 shillings; the goods and monies of Robert Cheeseman, from his person.
ROBERT CHEESEMAN . I keep the King's Arms, in St. George's in the East—I have known the younger prisoner three months—she was a customer—on the 24th of June I was going along the Kingsland-road, at ten o'clock in the morning, and met her; and went with her to her house in Union-walk, Union-street, Kingsland-road—I there saw the other prisoner—the introduced her as her mother—we had something to drink, which I paid for—I said I was going to the Old Bailey to a trial—the younger prisoner asked me to let her ride with me, as I had a cab, which the did—she said she was going to the Old Bailey to meet a person she wanted to see—she remained here the whole of the day, and so did I—the Court did not break up till ten o'clock—I was a witness on a case—after that I bad some brandy and water, and remained with her at the public-house Bear here till twelve o'clock—in going home with the cab she rode with me, and I was induced to go with her where she was living—there I saw the landlord of the house, the elder prisoner, and two children—we had more drink, and it got on for two o'clock—I got intoxicated—the elder prisoner said, "You had better stop now it is getting so late," and I was induced to do so—I sat down, fell asleep, and was awoke in the morning by a policeman knocking at the door, and asking who the two females were, going out in a cab so early, it being between three and five o'clock—I had a purse, with between 13l. and 14l. in gold about me when I went into the room—it was a red purse, with ivory at each end—I also had 4s. or 5s. in silver in my waistcoat pocket—I fell asleep about half an hour after I got to the upstairs room—when I was awoke by the policeman I did not know at first where I was—I put my hand into my pocket, and told him I had lost my money—he took a cab, and went in pursuit of the
prisoners—I followed in a cab, and found him returning with the prisoners in custody—they were taken to the station-house, and there the younger prisoner handed the purse to me, and said, "That is your property, you gave it me to mind"—there were twelve sovereigns in the purse, and in a leather purse, which the policeman found in her hand, was one sovereign and 3s.—I do not know which of the two had that purse—a sovereign dropped on the ground when the purse was handed to me—I lost a silk handkerchief; but I might have given her that—it was found in a box in the cab—the younger prisoner said before the Magistrate, that I gave it to her—the Magistrate asked if I recollected giving her the money, and whether I could swear I did not—I said I should not like to swear I did not do so—I cannot be positive whether I gave it her or not—I do not know whether I gave her the purse—I am confident I must have been so drunk as not to know what I was doing, or I should not have gone to the place I did—it was a private lodging, not a common brothel.
Susan Morris, Jun. Q. You know you undressed yourself, and went into my bed? A. I did not undress myself at all—I might have lent or given you the handkerchief—I did not take off ray trowsers—I did not meet you by appointment.
Susan Morris, Jun. He took my direction down on Sunday afternoon, and he met me in Kingsland-road, as I was coming out of my own house.
Witness. A relation of her husband's, who brought her from Sydney, lives at the back of my premises—she was there and called at my house, and I then said I was going to the Old Bailey next day—I did not take her direction—I had business at the Basing-house in Kingsland-road, bat I was not going to call on her.
ROBERT ROE . I drive the cab, No. 2173, and live in Cock-lane, Shore-ditch. About four o'clock in the morning of the 24th of June I was called off the Shoreditch rank by the elder prisoner—she told me to go and take up at the corner of Union-walk—I drove there—the elder prisoner brought down a band-box, and several articles, and put them into the cab—I asked them where I should drive—they said, "Any where"—I then asked again—they said, "To Islington"—I said, "What part?"—they said, "Glo'ster-street"—as I was paying the Islington turnpike a policeman overtook us in a cab, and ordered me to drive back to the station-how, which I did—the prisoners appeared as if they had been drinking—I saw a silk handkerchief in the younger prisoner's hand at the station-house.
JOHN JOHNSON . I am a policeman. I was on duty in Kingsland-road, about a quarter to five o'clock in the morning, and saw the cab standing in Union-street—I was rather suspicious, and went and saw the prisoners get into it—I heard the cab-man ask where he was to drive to—they hesitated a good deal—at last the elder prisoner said, "To Islington"—I walked away—he asked again where he was to drive, but I did not hear more than "Islington" answered—he drove off—I went up the walk, and found the door of No. 8 open—I knocked, and made inquiries, and a person from up stairs said, "Stop them, I am robbed"—I said, "Of what?"—he said, "About 20l."—I ran off to the stand in Shoreditch, made inquiry, got into a cab, and drove after them—I overtook them at the Islington gate, as they were paying the toll—I took them in charge, and observed they had a large band-box and bundle—I took them back to the station-house, then opened the door to let the younger prisoner out—she held something in her hand in a handkerchief, and turning to the prosecutor, she said,
"This is yours"—I took hold of the handkerchief, and a sovereign dropped down, which I took up—the Inspector asked the prosecutor what he had. lost—he said, "About 13l. or 14l."—I found in the handkerchief two purses, one contained eleven sovereigns, besides the one which fell on the ground, and the leather purse contained one sovereign and 3s.—the band-box and bundle contained women's wearing apparel of all descriptions, except a handkerchief which the prosecutor said was his—the younger prisoner turned round to the elder, and said to her, "This is your doing"—they did not appear intoxicated, nor did the prosecutor—he had the appearance of a person having been out all night, but was perfectly sober—he had no coat or hat on, but the other part of his dress was on—he had his waistcoat on, and I believe his neck handkerchief—he seemed flurried, either from the loss of his property, or having had too much over night—as I returned with the prisoners I met him in a cab near the City-road bridge—he was sober enough to get a cab, and follow me.
S. Morris, sen. Defence. I do not live with my daughter, but in Essex-street, Hoxton—she said, the day before, she expected Mr. Cheeseman down, and would I come and clean up the place for her—he came, and bad rum and shrub—we came to the Old Bailey, and quite late at night he came home—I stopped there that night, being late, but was not in the room—I certainly went into the cab, but I did not know any thing about what happened.
S. Morris, jun. Defence. My mother is quite innocent—I am innocent as to the charge of stealing the money—the sovereign he gave me to sleep with me that night, and the 3s. were my own.
NOT GUILTY .
JOHN CORNER . I am coachman to the Earl of Warwick, who live in Carlton-gardens. On the afternoon of the 27th of June I returned with the carriage to the stables in Carlton-mews, and left my livery coat on the carriage—I missed it shortly afterwards, and my helpmate gave me information—I met the prisoner in the street with it on his shoulder, about two hundred yards from the stable—this is the coat—(looking at it.)
Prisoner. I throw myself on your mercy—it is my first offence.
GUILTY . Aged 52.— Confined Six Months.
GUILTY . Aged.— Confined Six Months.
JOHN KEY . The prisoner lived in my employ for a year and a quarter—he left me last Christmas—I missed property several times—I have seen a pair of trowsers produced by Woodruff, and a coat by Smith—the trowsers are ray property, and I have cloth to match the coat—I believe it to have been made by me—I do not think it has been worn more than once—it was new when I lost it—I missed several coats.
Prisoner. I made the coat and trowsers myself three months after I left Mr. Key. Witness, The trowsers are my cloth, and were made at my expense, every part of them—I know all the fittings—there is no mark on them.
THOMAS WOODRUFF (City police-constable, No. 77.) I searched a room at No. 17, Richmond-street, St. Luke's—the prisoner's wife took me to that room, and he himself told me he lived there—I found some duplicates of a coat and trowsers in a drawer in the room.
HENRY VINCENT . I am servant to a pawnbroker. I produce a pair of trowsers pawned with a coat, but I have not brought the coat, as the prosecutor says it was not paid for—they were pawned by a woman in April, but I believe they were first pawned in December.
NOT GUILTY .
REV. WILLIAM WEBSTER . I am a clergyman of the Church of England. On the 6th of July I was walking in St. Paul's church yard with a friend—I felt some one at my pocket—I put my hand behind me, and at that moment my handkerchief was taken—I turned round and seized the prisoner—he denied taking it, but my friend saw it lying at his feet—he resisted exceedingly, and threw himself down in the kennel, tore my shirt and cravat, and threatened to bite me if I did not let him go, but I kept him till a policeman came.
Prisoner. He tore my coat, and of course I tore his shirt—two men were walking behind him, two or three yards from me. Witness. He was close behind me—nobody was so near as him.
REV. ROBERT SOUTH . I was with Mr. Webster—I saw the handkerchief lying at the prisoner's heels on the ground—nobody was so near to him as the prisoner, and nobody could have done it but him—he was close behind him—he made considerable resistance.
Prisoner. Neither of them can swear I took the handkerchief—I passed two men who walked off as fast as they could. Witness. I took it up close to his heels—there were two men about two yards behind him, who, I think, walked up the court where Mr. Webster took the prisoner—they had not walked over the spot where I found the handkerchief.
(Property produced and sworn to.)
Prisoner's Defence. I was walking along—two men were behind the gentleman—I passed them when they were about a yard and a half behind
Mr. Webster—afterwards Mr. Webster got hold of me—they saw the handkerchief by the feet of the other two, about two yards from me—they went down the court, and he pulled me down there.
GUILTY .*** Aged 17.— Transported for Ten Years.
HENRY HARPER . I live with Mr. Henry Floyd, a hosier, in Bishops gate-within. On Tuesday evening, the 2nd of July, the prisoner came to the shop, between eight and nine o'clock, and produced this note—I looked oat the goods, amounting to 2l. 5s. 6d., and he went off with them—shortly after I went to Dixat and Co., Bishopsgate-street, to inquire if it was all right—I afterwards overtook the prisoner in Houndsditch, with the goods in his hand, and the bill I gave him with them—I secured him—(note read)—To Mr. Floyd. Mrs. Dixat will thank Mr. Floyd to send by bearer four pairs of black stockings, large size; two pairs of kid gloves, large size, ladies'; and a bill with them. Mrs. Dixat will send the amount by her servant. Bishopsgate-street."—I believed at the time he was a clerk in the house, and I said, "You have had a death in the family"—he said "Yes, Miss Watson, Mr. Dixat's cousin"—at the bottom of the note was a desire to send the price of white silk stockings, and that excited my suspicion, the family being in mourning.
Prisoner. Q. What time elapsed between my leaving your shop and your taking me? A. About bout seven minutes.
Prisoner. Q. What relation is Mrs. John Dixat? A. My sister-in-law—Mr. Watkins, a respectable banker at Daventry, had three wives, and the last was Miss Plummer, and she is sister to Mrs. Daniel, your mother—I recollect seeing you once before—Mrs. John Dixat is living now near Bagshot—this note does not purport to come from her.
Prisoner. I submit that there is not sufficient proof that the document before the Court is not genuine—if Mrs. Dixat is in good health, or living, she ought to have been here to speak to the facts—having proved her connexion with my family, and having been in the habit of being at her house years ago, How can Mr. Dixat speak as to the hand-writing or wishes of any part of his family?—if it would hurt her feelings to come here she ought to consider a man's liberty.
HENRY HARPER re-examined. I applied to Mr. Dixat, Bishopsgate-street—the note purports to be signed Mrs. Dixat, Bishopsgate-street—I said to the prisoner, "Which Mrs. Dixat?" and he said, "Mrs. Alphonso Dixat."
MR. DIXAT re-examined. There is a Mrs. Alphonso Dixat, but she is in Switzerland, and has been so nearly two months—she was not in Bishopsgate-street—they resided there many years, but not for the last year and a half.
GUILTY . Aged 42.— Transported for Seven Years.
GEORGE MILES . I am a gardener, and live in Cooper's-place, Quebec-street. The prisoner is my daughter—she had left my house—I lost a pair of shears on Friday, the 28th of June—the prisoner was on the landing that morning as I went out to work—I got information, and went to Hoperoft's.
ELIZA HOPCROFT . I am a dealer in marine stores, in Little York-place. The prisoner brought a pair of shears to me last Friday week—I have known her and her father some time—she said her father had sent her—I gave her 1d. for them—I considered that the full value—they are rusty, and have no handle—I bought them as old iron—I told her I could only buy them as old iron—I did then know her father was a gardener—I thought he had sent her to raise 1d.—I knew him to be very poor, and considered they were of no use.
THOMAS BUEY (police-constable D 143.) I met the prosecutor with the prisoner at the corner of Wyndham-street—he gave her in charge for stealing the shears—she was going to say something, but I requested her not.
GEORGE MILES re-examined. She absented herself from my house several times, and took things—I never drove her out of my house—she could have had her meals there if she had staid, but she got into bad company, and was found in a very bad house in Stephen-street—I overtook her in Quebec-street, as she was running down the street—these are my shears—(looking at them.)
Prisoner's Defence. I was turned out of doors, and had nothing to eat for two days. Witness. She has a mother-in-law—she has the care of my daughter's child, and was allowed 6d. a day for that—she left, and was found at midnight in Bell-street—I lost a rake at the same time.
GUILTY. Aged 14.—Recommended to mercy. — Confined One Month.
ALFRED GAPP . I live with my father, John Gapp, a livery-stable keeper, in Duke-street, Manchester-square. On Sunday, the 24th of June, I lost some glasses from a landau in our yard—we lost two pairs of cabriole lamps the same night.
JOHN GRIFFITHS (police-constable D 146.) I met the prisoners in Manchester-street, Manchester-square, at a quarter before three o'clock in the morning of the 24th of June—each had one of these glasses under his arm—I asked them where they brought them from—Bedford said, "From Mr. Peter's, North-road"—I asked where he was going to take them to—(I was speaking to Bedford the whole of the time)—he said, "To Earl-street, to be lined"—I said it was rather a curious time in the morning to send carriage glasses to be lined, that I was not satisfied with what he said, and took them to the station-house—on the road there Bedford said that he had brought them from Mount-street, that a coachman had given them 1s. each to take them from there to Earl-street, Lisson-grove—Smith was near enough to hear what was said.
Bedford. I did not say they were going to be lined, only to have something put to one of the glasses, and the lining to be mended—I brought them from Mount-street—a coachman gave us 1s. a piece to get them done, and
said we were to take them to Mr. Shrubb, in the North-road, and bring them back to him at nine o'clock—we had seen the man before at a public-house.
ALFRED GAPP re-examined. I know these glasses to be my father's—they match the landau—they have been tried since, and exactly fit—the landau stood on a ride, under a covering, up the yard—there is a gate-way up the yard.
Bedford. I have been in the habit of going by there for the last two years to work at Mr. Gray's—the gates are always open, and men and women are in the habit of coming out at all hours. Witness. They are not left open—they can be pushed open—I never saw the prisoners before.
Smiths Defence. The coachman who gave us the glasses had a bundle likewise in his hand—he appeared a little in liquor—he said he had been out all night with his carriage—he called Bedford by his name, and asked him if he knew of any coachmaker to repair these, and he gave us 1s. each to take them to Mr. Shrubb's, at the corner of the North-road.
BEDFORD— GUILTY . Aged 28.
SMITH*— GUILTY . Aged 53.
Transported for Seven Years.
WILLIAM HEWITT . I am a tea-dealer, and live in King William-street, City. The prisoner was a shopman in my service for about seven weeks—in consequence of some suspicions I had, on Saturday the 22nd of June, I sent the witness Meek with a half-sovereign, a crown, and two half-crowns, all marked, to make a purchase at my shop—I examined the till about five minutes after the witness went, and found the two half-crowns and five shilling piece, but no half-sovereign—I sent for a policeman, and called on the prisoner to take the money he had out of his pocket—he produced the marked half-sovereign, and I think a sovereign, and some silver, but I am not quite certain—the officer searched his box, and found 34l. or 35l., which he took possession of.
Cross-examined by Mr. PHILLIPS. Q. what was he doing, when you spoke to him in the shop? A. Standing behind the counter—he was not doing any thing particular—he was not writing—there were no customers in the shop—he was not writing in any book—I am quite sure he was not entering any thing in a book, not relating to this money—I am quite sure he was not writing at all.
GEORGE MEEK . On Saturday morning, the 22nd of June, at twenty minutes before nine o'clock, went to the prosecutor's shop, at his request—he had previously supplied me with a half-sovereign, a five shilling piece, and two half-crowns—he marked them in my presence—I bought 4lb. weight of 5s. tea, and paid for it all the money he gave me.
HENRY JEBBETT , (City police-constable, No. 1.) I went to the prosecutor's shop, and saw the prisoner behind the counter—Mr. Hewitt said he suspected his young man had been robbing him—I called him into the counting-house, and requested him to produce what he had in his pocket—he immediately pulled out his money, which consisted of two half-sovereigns, and 13s. 2d.—I saw the till—there was a crown-piece and two half-crowns marked, and several shillings, but no gold—there was about ten or twelve shillings besides the half-crowns—I found 33l. 10s. in his box.
Mr. HEWITT re-examined. He had seven weeks wages due to him—he
had 12s. a week—he came to me from a tea-dealer in Foster-lane—I cannot say whether he had sold any thing that morning before this 4 lbs. of tea—I take the money out of my tills every night, and leave 15s. or 20s. in each till, ready for change early in the morning—there ought to have been 1l. 15s. or 18s. in the till—when I examined it I found the 10s. marked money, and about 15s. not marked—I am not aware of any previous sale that morning—I am quite certain I left 15s. in the till, and I might have left 1l.—it was the first time I had marked any money.
MR. PHILLIPS, on the prisoner's behalf, stated that, being in the habit of turning his earnings into gold, he kept the half sovereign back, intending to put 10s. in silver into the till for it, but, being called away by a customer, he omitted to do so.
(The prisoner received a good character.)
GUILTY. Aged.—Recommended to mercy. — Confined Six Months.
GUILTY.—Recommended to mercy. — Confined Two Months.
GUILTY . Aged 72.— Confined Three Days.
GUILTY . Aged 15.— Confined Three Months.
2028. CHARLES THEOPHILUS THOMAS was indicted for stealing, on the 27th of June, 1 shawl, value 10s.; 1 apron, value 2s.; 3 pelerines, value 1l.; 6 pairs of cuffs, value 15s.; and 27 collars, value 7l. 10s.; the goods of Maria Susan Gould; to which he pleaded
GUILTY . Aged 20.— Confined Twelve Months.
GUILTY . Aged 56.— Confined One Month.
NEW COURT.—Tuesday, July 9th, 1839.
Fifth Jury, before Mr. Common Sergeant.
2030. EDMOND TAYLOR was indicted for stealing, on the 22nd of June, 1 yard of velvet, value 12s.; 1 yard of serge, value 3s.; and 1 3/4 yards of woollen cloth, value 1l. 8s.; the goods of Timothy Thomas, his master; to which he pleaded
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 16.— Transported for Seven Years.
MR. RAWLINGS conducted the Prosecution.
HENRY DREW . On Thursday, the 27th of June, I was walking from Bridge-street to the Temple, passing through Fisher-alley, and when near the Temple, a gentleman said, "Have you not been robbed, sir?"—I missed my handkerchief, and went in search of the prisoner, and not finding him, the gentleman gave me a description of him, and left—I was then returning to the Temple, when I recognized the prisoner, from the description—I accused him of having robbed me in the alley a short time before—he became uneasy, and ran away—I followed and caught him—the policeman came, and I gave him in charge—I should think it was from ten to fifteen minutes after losing my handkerchief, that I overtook him—he was taken to the station-house, and three handkerchiefs found on him, one of which was mine—this is it—it has my initials on it—it was in my pocket that that morning.
Cross-examined by MR. PAYNE. Q. How long have you had it? A. Perhaps six months—I am sure I used it that morning.
GUILTY .* Aged 20.— Transported for Ten Years.
GEORGE MORELAND CRAWFORD , Esq. I am a barrister, and live in Stone buildings, Lincoln's Inn. On the 25th of June I was walking in Bedford-street, Covent-garden, at near six o'clock in the evening—When I got near the corner of Maiden-lane I heard something fall behind me—it seemed as if it fell from my coat pocket—it sounded heavier than any thing I had about me—I walked a step or two, and then turned and saw my key lying on the stones—I turned, and walked slowly back, put my hand in my pocket, and missed my purse—while I was walking towards the key, the prisoner came to me and said, "That is your key"—I took it up and the prisoner said, "There they go! there they go!" pointing to Maiden-lane—I then turned in the same direction I was before, and at the same instant the officer took the prisoner—the purse has not been found—there were several people in the street, and as near to me as the prisoner—I heard two or three window-sashes thrown up, and the people gathered a little—my purse contained a half-crown, and some other silver, about 10s. in all.
Cross-examined by MR. PAYNE. Q. Did any body speak from either of the sashes? A. Yes, a woman from the opposite side" of the street beckoned the policeman and me, and the policeman went over, but I did not exactly hear what she said—I understood her to gay that she. did not see him do it—I had no pocket to my trowsers on that occasion.
Row. I was at the corner of Bedford-street—I saw the prisoner and three others come up Bedford-street, the prisoner caught the prosecutor's coat, and some one came out of the Green Man, and he let it go again—then they followed the prosecutor a little distance, and the prisoner put his band in again, brought out something, and gave it to one of the others that were with him—the other one dropped the key—he ran across the road, and the prisoner bobbed back into a door, and when the prosecutor turned to go to the key, he bobbed out, and was going to run away, but he saw the policeman—he then looked confused, and pointed the key out to the prosecutor.
Cross-examined. Q. Do you live with your father and mother? A. No—the people at the house won't let me, because I cannot get a situation—I lodge at a lodging-house, when I get any money, and when I do not, I sleep about—I lived at Mr. Garratt's, as barman—I left through his becoming a bankrupt, and I could not get a situation since—I told the policeman about this as soon as he had got the prisoner—I was afraid to say any thing, and since the prisoner has been here they have cut my foot, and tore my things off—the policeman has got a warrant against them, and they they would do for me—I have never been in trouble myself—my father and mother do not support me in any way—I am sure the prisoner is the person—I was right behind him—when I came to the top of Bedford-street I was right opposite them—the persons who were with the prisoner turned down a court.
THOMAS BURN (police-constable F 140.) I was in Chandos-street, and I saw a man running—I thought there was something wrong—I ran to the corner of Bedford-street, and met the prisoner, who seemed very much confused—I saw the prosecutor feeling his pocket, and going towards the key—the prisoner pointed out the key, and said, "There is your key"—I said, "What is the matter?"—the prosecutor said he had lost his purse—I then took the prisoner—a female opposite said he was not the person that had got the purse, but a man that ran away.
Cross-examined. Q. Did Palmer give any account at the station-house that night? A. I brought him there—the prisoner was charged on suspicion at first, and then I asked Palmer who was selling play-bills, if he saw any thing of it, and he said, "Yes."
COURT. Q. You went back to him? A. Yes—he had not said any thing to me before I had been to the station-house with the prisoner.
JURY. Q. Was there much confusion when this took place? A. Yes; a great deal—I could not attend to every thing about me—when I came back, there were two or three boys, and I asked if they saw any thing—I did not address any one in particular, and then Palmer spoke.
Prisoner. The lady put up her window, and said, "That is not the person that picked your pocket; there are three run round the corner," the next morning I said to the policeman, "Will you bring that lady up?" and he said, "If I bring her up, she will injure you."
GUILTY . Aged 22.— Transported for Ten Years.
WILLIAM JOHN WESTLEY . I live in Exeter-street. On the 20th of June, about five o'clock, I was in Billingsgate-market, standing to the mob—I felt a tug at my pocket, I turned, and saw the prisoner sneaking away, and tucking a handkerchief into his breast—I caught him by the wrist, took him out, and said, "You young scoundrel, you have stolen my handkerchief"—I took this handkerchief from his breast—it is mine.
GUILTY. Aged 14.—Recommended to mercy. — Confined One Month, the last Week Solitary.
ROBERT JUPE . I am an upholsterer, and live in Welbeck-street. The prisoner was with me about a fortnight, as a temporary servant—I left home on the 28th of June—my son afterwards gave me information—and I went to the station-house where I saw the spoon, which is mine.
GUILTY. Aged 15.—Recommended to mercy. — Confined Three Months.
JOHN KIRKBY . I live in Little St. Thomas the Apostle. On the 4th of July, about nine o'clock at night, I was at the tap of Calvert's brewery, where I am a clerk, talking with one of the men—the prisoner and another woman came up—we stood talking and laughing with them, and in a few, minutes the prisoner left me abruptly—I thought something was wrong—I went to her, and said, "You have got my green purse, give it me"—she denied it, and I gave her to the policeman, who found it under her arm—this is it, and the money stated is in it.
Cross-examined by MR. PHILLIPS. Q. Was there not a little laughing and joking? A. Yes—we thought they were country girls—I think they said they came from Oxfordshire, and being a countryman myself I wished to know—we were close to the tap-house of Calvert's brew-house in Thames-street—it was twelve o'clock at night—we went into the tap, and gave them a quartern of gin, but we did not sit down—I did not pay for what we had, that they should not see what I had got in my pockets—I do not know How she got my purse—I did not unbutton any part of my dress, but my trowsers pocket happened to have no button on it—the prisoner was very close to me—she was feeling me all about—I was quite sober.
Cross-examined. Q. Had the prisoner any appearance of drink? A. No—I cannot say what the prosecutor had had—I saw him go into the public-house, and come out again—he was not there more than two or three minutes—he and the prisoner appeared very intimate.
GUILTY. Aged 32.—Recommended to mercy. — Confined Three Months.
WILLIAM WARNE . I live in Bell-street, Lisson-grove. I am a dealer in marine Stores and sell shoes. On the 22nd of June, my neighbour, Mrs. Caswell, came and told me something—my wife ran out, and the prisoner, Clancey, was brought in—Mrs. Caswell was sent for—she said, "That is the boy that took the shoes"—he strongly denied it—I missed a pair of shoes that have not been found.
PAUL PARKER . I am in the prosecutor's employ. At half-past ten o'clock that morning, I saw the prisoners next door to my master's, sitting there for half an hour—they then went away—about one o'clock I was going to my master's, and missed a pair of shoes—they had been on the board outside—I saw them safe at nine o'clock in the morning.
SARAH CASWELL . I am the wife of George Caswell—I live opposite the prosecutor. I was sitting in my parlour and saw two boys with flowerpots—I saw Clancey, who was one of them, take a pair of shoes from the prosecutor's, and give them to the other boy—I cannot say whether it was the other prisoner.
GEORGE HEALEY (police-constable D 42.) I took Clancey on the Monday following—I told him I wanted him for the shoes in Bell-street—he said, "They had me on Saturday, why did not they keep me then?—I had no shoes on me—they cannot hurt me"—he told me to let him walk, or else I might have my coat taken off.
Clancey's Defence. I went with this boy to sell some flower-pots, and stood up because it rained—I was then taken, and the prosecutor said he did not miss any shoes.
CLANCEY— GUILTY . Aged 14.— Transported for Seven Years.—Convict Ship.
KERRINGTON— NOT GUILTY .
JOHN HARDING . I am shopman to Mr. Dedman, in Bryanston-street. On the 28th of June, about twelve o'clock, I saw the prisoner and three others standing together, about two doors from the prosecutor's shop—I saw one of them leave the party, go into Mr. Reynolds's shop, bring out the coat, and pass it over to the prisoner, who made off, he turned up a street followed by the others, and I lost them—I met the prisoner again with the coat a short time afterwards—I got an officer and gave him into custody.
Prisoner's Defence. I was coming across Manchester-square and saw three persons running—they threw the coat down in a door-way—I took it up.
GUILTY . Aged 19.— Confined Six Months.
GEORGE SCOTT . I am eleven years old, and live with my uncle in Vincent-square. I had a cloak on the 20th of June—my mama bought it for me—I saw it safe that afternoon hanging out in the garden—it was missing afterwards—this is it.
JAMES HOLT (police-constable B 124.) I saw the prisoner about twenty minutes past three o'clock that afternoon with this cloak under his left arm—be saw me and threw it away—I took it up and pursued him.
Prisoner. I never saw the cloak till he charged me with it—I was in a public-house, and he came and called me out. Witness. I am quite confident he threw it away—he was not more than thirty yards from where the prosecutor lives when I first saw him.
GUILTY . Aged 15.— Transported for Seven Years.—Convict Ship.
THOMAS MORGAN . I am the prosecutor's son. On the 3rd of July, about seven or eight o'clock, I missed this cloth—I went to the door, and the prisoner had dropped a piece in going out—I did not see him in the shop, but I saw him at the bottom of the street—I pursued him to Fetter lane and gave him in charge, with these cloths on his shoulder.
Prisoner. A man asked me if I would carry it, and follow him, and he would give me 6d.
GUILTY .* Aged 20.— Transported for Seven Years.
2041. JAMES MACKIE was indicted for stealing, on the 6th of June, 2 saws, value 4s.; and 1 printed book, value 2d.; the goods of Thomas Thornthwaite Gellatly: and 1 trowel, value 6d., the goods of John Stow; to which he pleaded
GUILTY . Aged 18.— Confined Three Months.
2042. ABRAHAM HOPE was indicted for stealing, on the 24th of June, 3 bradawls, value 6d.; 2 punches, value 2d.; 3 gimblets, value 6d.; 2 gouges, value 6d.; 1 pair of compasses, value 3d.; 4 chisels, value 6d.; and 1 spoke-shave, value 4d.; the goods of William Anderson: 4 horsecloths, value 1l., the goods of Charles Higgins: and 4 tame rabbits, value 2s., the goods of Samuel Anderson; to which he pleaded
GUILTY . Aged 17.— Confined Three Months.
WILLIAM WHITE . I have been down at Hillingdon, haymaking—I was at the Green Man public-house there on the 7th of July, about four or five o'clock in the morning—I had my frock on, and a pocket—I received the change of a crown-piece from the landlord—he gave me two shillings, four sixpences, and two pence, which I put into my pocket—the prisoner and several more were there—I fell asleep, as I was very tired—I had been at work all day, and walked from West End afterwards—when I awoke I missed my money—it has not been found.
JOHN TESTER . I was in the tap-room, and saw the prosecutor asleep—there was a girl, another man, and the two prisoners—I saw Stone put his hand into the prosecutor's pocket—he then pulled it out, and sent me for a pot of beer—I told Mr. Johnson, the landlord, that they were going to rob the man, and I had seen Stone feeling his pocket before, and Hailey was by his side—when I came back to the tap-room I saw Hailey was sitting on the other side of the prosecutor, and he kept him upright—the prosecutor was asleep, with his head on the table.
Hailey. Q. Did I lean against the man? A. Yes.
JOHN BIRCH . I am a constable of Uxbridge. I took the prisoners—I searched Stone, and found two half-crowns, two shillings, and sixpence in copper; and on Hailey one half-crown, one shilling, one sixpence, and a halfpenny.
STONE— GUILTY . Aged 20.— Confined Three Months.
HAILEY— NOT GUILTY .
THOMAS AMSDELL (police-constable G 76.) I was on duty on the evening of the 27th of June, and saw two boys running—I pursued, and saw the prisoner, who was one of them, throw a handkerchief from him into a stable—I caught him, and brought him back to the stable, and got the handkerchief from the stable-man—the one he threw appeared like this—he had not got above three yards further when I took him—I then met the prosecutor, who identified it—I saw the stable-man pick it up.
BENJAMIN PONSONBY TENNANT . I live in Fountain-court, Bishopsgate-street. I was near Finsbury-square on the evening of the 27th of June—I was leaving the pavement to cross the angle of the square—a person gave me some information—I felt, and missed my handkerchief—the person pointed out two boys at the distance of the square, who, he said, had it—I made as if I would follow them, but they ran away, and escaped—I was proceeding onwards—I went and found the policeman with the prisoner and the handkerchief—the prisoner is about the size of one of the boys who was pointed out.
Prisoner. I was going through the square, and a person gave it to me.
(The prisoner received a good character.)
GUILTY . Aged 12.— Confined One Month.
RICHARD WAKEHAM (police-constable S 24.) I saw the prisoner, about a quarter-past ten o'clock at night, on the 3rd of July, standing in Pratt-street, folding something up—I went to her, and found it was this print—I asked where she got it—she said a friend in town gave it her—on the way to the station-house I asked her again—she said she bought it, and gave 11s. for it.
Prisoner's Defence. I kicked my foot against it, and was folding it up, when the officer came to me—I had not been near Camden-town since the morning—I was frightened, and said what I did.
NOT GUILTY .
GEORGE CLIMPSON . I live in Edward-street, Dorset-square, and am a cowkeeper. The prisoner was in my employ—if he received money he ought to pay it me the same day he received it—I booked the milk every night—he has never paid me this 15s. 1d., 1l. or 2s. 10d., received on those days stated in the indictment.
LUCY ASLETT . I am cook to Colonel Ferguson, of Nottingham-place On the 6th of June I paid the prisoner 15s. 1d. for his master, who supplied us with milk—I receipted the bill myself—the prisoner said it would be the same as his writing it or his master—his master had requested me to receipt the bills, as the prisoner could not write.
Prisoner. I did not receive the 15s. 1d.—the other two I did receive, but did not pay them to my master.
GUILTY . Aged 37.— Confined Six Months.
HENRY GOLLINGS . I keep the Nag's Head, public-house, in Postern row, Tower-hill. On the 2nd of July, about twenty minutes to six o'clock in the morning, I saw two half-pints of spirits and compounds by the side of two half-quartern measures, and a basket thrown over the counter into my bar—as we always clear the counter every night, I was induced by that to look about—I threw down the shutter, and examined my barparlour—I then went into my tap-room, and found the prisoner under a form fast asleep—I sent for a policeman, and then examined my doors, which I found quite as I had left them the night before, but about 5s. was gone out of my till—I had counted the money at a quarter before twelve o'clock, and left from 5s. to 6s. in copper in it, and that was all gone but 1s. 1 1/2 d.—I told the officer to search the prisoner, and he found 4s. 11 1/2 d. on him—he must have come in when I was turning the gas off, and turning the people out at night.
pockets—he was asleep, and I awoke him—he looked stupified, and said he had got it for razors, and combs, and other things, sold the preceding day—I found twenty-four pence, and seventy-one halfpence on him, and one farthing.
Prisoner's Defence. I had four pints of beer, and laid down in the tap-room—I was quite drunk when I went in, and laid down my head on the table.
GUILTY . Aged 26.— Confined Six Months.
GUILTY . Aged 34.— Confined One Month.
2049. MARY ANN BAKER, ELIZABETH PASCOE , and MARY ANN TEMPLE were indicted for stealing, on the 26th of June, 2 gowns, value 15s.; 1 blanket, value 2s.; 8 plates, value 1s.; 1 dish, value 6d.; 1 candlestick, value 6d.; 1 tea-caddy, value 6d.; 2 pictures, value 6d.; 3 knives, value 9s.; I comb, value 1s. 6d.; 2 handkerchiefs, value 1s.; and 2 cups, value 3d.; the goods of Jane Hanlon.
JANE HANLON . I live at Gray's Inn-lane. On the 26th of June I went out of my room at half-past eleven o'clock—I locked the door, and took the key in my hand—I returned in about half an hour, and a person in the next room told me something—my door was open—I examined my room, and missed some articles—I went to Bow-street to make inquiries, and when I came back I missed the rest of these things—the prisoner Baker had been with me a few days—she said her father had turned her out, and I took her in—I am a waistcoat maker, my father is a tailor.
Cross-examined by MR. PRENDERGAST. Q. You and Baker were living together? A. Yes, we are unfortunate girls—I and another young girl had taken the lodging—I had before lived with my father and mother in Shire-lane—I left my father and went there—Baker left her father the day before—it was not agreed between us to divide what we got—I told her to go home—she said she could not, her father would beat her—I did not seduce her from home—I bought this property after I took the lodging—they were bought with my money—she said she had 1l. given her, and she had spent 10d., and had 19s. 2d.—she bought the shawl she has on, a table, a chair, and a cup and saucer—she gave me 5s. for keeping her, and I bought a frock with it—she went with me—we bought two frocks, the one she has on, and this one of mine.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
JOSEPH GODDARD . I am watchman to Messrs. Harvey, gunpowder manufacturers at Twickenham. On the 29th of June, a little before three o'clock in the morning, I saw the prisoner come from the stable, and pass to the cart-shed—he had about two bushel's of oats and beans, and he put them in a cart—I asked him what he had got, he said, "Some corn for Mr.
Harvey—I went to the engineer, and asked his direction—I then went back to the cart—the prisoner was not there—I took a sample out of the sack—I helped him to put some peas in the cart for Mr. Curtis, and some for another person—the cart would not hold the peas inside, and I said, "You had better leave Mr. Harvey's corn"—he said no, he could take it, and put the peas outside, on the footboard—he went away with it.
JAMES MAJOR . I am foreman to Messrs. Harvey, it is my duty to give out corn for all the horses. On the 28th of June I did not give out any corn to the prisoner, to be taken to Mr. Harvey's—this is the sample of corn which came from the sack—there was corn and oats of this description in the stable which the prisoner came out of—I firmly believe it is the same—I had on the Thursday before given him corn for his horses, to last him till the Monday following—he had no right to have this corn.
LESTER HARVEY . I am the son of one of the prosecutors. I live at Hounslow. The prisoner was in the service of the firm, and he generally called at my house on his return—I had not given directions to have any corn brought to my premises, and there was none brought on the day in question.
GUILTY . Aged 19.— Confined Three Months.
WILLIAM GRIST . I am manager to John Barnes and another, wharfingers at Limehouse—the prisoner was employed by me. On the 24th of June I saw in the till eight half-crowns, thirty-six shillings, eight sixpences, nineteen pence, and ten halfpence, which I had previously marked—I left the till locked, and kept the key in my pocket—I went to it again about one o'clock, and found it unlocked, and 6s. 9d. in money deficient—I took this money from the prisoner's pocket, in presence of the policeman—the silver was in his waistcoat pocket, with some coppers.
Cross-examined by MR. BALLANTINE. Q. What day did you find the money in his coat? A. The same day, he was then in the warehouse—there were not many other men there—I think one shilling and one half-crown, and some copper, besides this marked money, was in his coat, which was folded up and laid on a sack, and his hat laid upon it—I have no doubt this is part of the money I marked.
GUILTY. Aged 22.—Recommended to mercy. — Confined Six Months.
OLD COURT.—Wednesday, July 10th, 1839.
First Jury, before Mr. Sergeant Arabin.
2052. JOHN MALYON was indicted for stealing, on the 10th of June, 17 forks, value 6l.; 30 spoons, value 14l.; 3 printed books, value fo.; 1 handkerchief, value 1s.; 1 shirt, value 2s.; and 1 stock, value 1s.; the goods of Thomas Newman Farquhar, in his dwelling-house.—2nd COUNT, stating the property to belong to Elizabeth Farquhar.
MR. CLARKSON conducted the Prosecution.
last May—I found the prisoner there—I told him that Mr. Farquhar had been robbed of a considerable quantity of plate—I told him who I was, and, under the circumstances, would he allow me to search his place—I searched in his desk, and found these two lists of plate—(producing them)—I asked him whether they were his hand-writing—he said they were—I then asked him to accompany me to Mr. Farquhar's, in Broad-street, City—he came with me, and when Mr. Farquhar saw the two lists, and compared them with the lists left in the plate-chest, both figures and hand-writing exactly corresponded—he said so to the prisoner, and gave him into my custody—I went over to his lodging again next day, and found several pocket handkerchiefs, shirts, knives, forks, and various articles, which were claimed by Mr. Farquhar—there is the same water-mark and the same name on the lists found in the plate-chest as on those found in his house.
Cross-examined by MR. PHILLIPS. Q. I suppose hundreds and thousands of reams of paper are made by the same man? A. No doubt—these two lists were given to me by Mr. Farquhar—three lists were found upon the prisoner's premises—one I found afterwards—I was directed to his lodging by Sutton, Mr. Farquhar's servant.
THOMAS SUTTON . I am in the service of Mr. Thomas Newman Farquhar, of Abingdon-street, Westminster. I have known the prisoner some time by his living as footman with Mr. Morrice, my master's relation, in the Regent's-park—the servants at the two houses became acquainted with each other—since he left Mr. Morrice's service he has been constantly, for the last three months, coming to my master's house—on the 9th of May I put the plate Into the chest—it had been taken out on the 8th for a party which my master had—I found it all correct by the lists which were in the plate-chest—it was the plate which Mr. Farquhar's mother had sent, and the lists were in Mrs. Farquhar's hand-writing—the prisoner was there when I put it away, and helped me to clean it—I kept the key of the plate-chest in a writing-desk over the stable—I kept it in my pocket for several days before I put it away—he knew where I kept it—on the 10th of June I went to the chest, and missed the things—I did not find the same lists there as I had left there on the 9th of May, but two fresh ones in a different hand writing—one of the two other lists was in a young lady's handwriting, and the other was Mrs. Farquhar's writing—the plate left in the chest nearly corresponded with the lists that had been substituted—seventeen large spoons, eleven small forks, and other things had been taken away.
Cross-examined. Q. Did your master entrust you with the key of the plate-chest? A. He did from the 8th of May till I missed the plate—I kept it in a writing-desk—the prisoner knew where I kept it, and where the plate was—no one knew but him, that I am aware of—I never put the plate away before any body but the prisoner—I never went to the plate-chest but this once—a man named Plum comes to see one of the female servants, and visits her down stairs—I do not know whether it is with my master's knowledge—he never forbad my having a friend to see me—I am not aware that he knew of Plum's visits—I was not always at home when he came—he generally came once a week—he might have come oftener—I am not acquainted with the man—I have spoken to him, no farther—I never sat and drank with him—I have seen him in the house for two or three hours together—I do not believe he has ever staid all night—he never visited me in the stable.
prisoner was once in my service—I gave him a written character when he left, as I thought well of him—I know the man named Plum—he is a clerk in a house of business, and is a respectable person—I believe these two lists to be in the prisoner's hand-writing—I can have no doubt about it.
Cross-examined. Q. How often have you seen him write? A. Not very often—I have seen him write—I have had receipts from him—I have seen him write twice—once was about the beginning of 1838, when he brought me an account and signed a receipt, and once, about September, 1837, when he also wrote his name to a receipt, or it was brought to me with his name to it—I did not see him write it—he generally brought them ready written—I did see him write his name in 1838, and I may have seen him writing in the kitchen—I did not see what he wrote—I merely saw him using a pen.
MR. CLARKSON. Q. Are these lists in his writing, according to your belief? A. I can have no doubt of it—the prisoner was about a year and a half in my service—he used to write for me at times in my order book—I carried on the business of a wine-merchant in St. Mary Axe—while he was in my service he was in the habit of bringing me little accounts, which were generally written by himself, and which I have acted on—I have no doubt these lists are his writing.
THOMAS NEWMAN FARQUHAR . I live in Abingdon-street, Westminster. The books, handkerchief, this stock and shirt, produced by Goddard, are mine—I never gave them to the prisoner, or permitted him or any one else to take them—I have never been able to find any of my mother's plate—she went into Devonshire in April, and sent me her plate-chest—there was a list in it containing an account of the number of articles in it—I believe there are six silver forks, eighteen large spoons, twelve dessert spoons, and eleven small forks missing—it is my dwelling-house and in the parish of St. Margaret's—my mother's Christian name is Elizabeth—I believe the plate is worth somewhere about 15l.
Cross-examined. Q. This book I see is the first volume of a work? A. Yes, I have the other volumes at home—I have not the least doubt it is my book, and this Gazetteer also—there is no writing in either of them, but I think the first page has been taken out—these handkerchiefs and shirt had my mark on them, but they have been taken out—this French dictionary is also mine.
(MR. PHILLIPS, on the prisoner's behalf, stated that he took the books for the purpose of reading, but denied all knowledge of the plate.)
GUILTY . Aged 22.—Of Stealing, but not in the dwelling-house.— Transported for Seven Years.
HENRY GODDARD . I searched the prisoner's boxes more than once—on the first occasion I saw the duplicate of a watch, pledged for 2l. in the name of John Malyon—I did not take the duplicate then—I afterwards made a search for it, but did not find it—I have never seen it since, but the watch I afterwards found at the pawnbroker's.
WILLIAM FARQUHAR . I am a watch-maker, and live in George-street, Tower-hill. I know the prisoner, he frequently came to my shop—he might have been there in May last, but I do not know any thing of the time—he has been within the last twelve months at different times—I did not miss the watch till Goddard gave it to me—I missed more than one—this is my watch—(looking at it)—I do not know whether I had sold it.
NOT GUILTY .
2054. JOHN MALYON was again indicted for stealing, on the 10th of September, 4 handkerchiefs, value 4s.; 6 knives, value 3s.; 4 forks, value 2s.; 3 yards of printed calico, value 3s.; 1 shirt, value 1s., and 10 printed books, value 1l., the goods of William Morrice.
WILLIAM MORRICE . The prisoner came into my service at the beginning of 1837. While he was in my service I lost several articles—I did not miss them, but I know this property (looking at it) to belong to me—these knives and forks are mine, and this piece of sofa cover—I never gave them to the prisoner—these books belong to a young lady named Wright, who had left them at my house.
Cross-examined. Q. Was the young lady living in your house at the time? A. No, she is one of my wards—she used to come to my house on a visit, but did not live with me—I do not know when the books were taken—she left in September, and left her things behind in ray care—when she returned it was discovered that her books were gone—her trunk was locked and sewn up—I know the knives and forks by using them so long, and by the maker's name—I selected them from others—I know the handkerchief—the marks have been taken out—there is no mark on the sofa-cover—I have no doubt it is my property.
Cross-examined. Q. How long have you had them? A. Since 1836, I think—my name was in some of them, but is not now—the first page has been taken out of this book—I do not see my name in the others—I thought it was there.
GUILTY . Transported for Seven Years more.
Before Mr. Justice Bosanquet.
2055. CHARLES SIMMONS was indicted for burglariously breaking and entering the dwelling-house of Edward Byas and another, about four o'clock in the night of the 26th of June, at St. Mary Stratford, Bow, with intent to steal, and stealing therein 1 waistcoat, value 7s.; 2 handkerchiefs, value 1s. 6d.; 1 pair of stockings, value 6d.; and 1 towel, value 4d.; their property.
EDWARD BYAS . I live at Old Ford, at St. Mary Stratford, Bow. I am proprietor of an establishment for the maintenance of poor persons, in partnership with Sophia Pullen—she is a partner in the house as well as the business—all the things were under our charge—there is a basement to the premises, with vaulted cellars in which are air-holes, some of which I had made larger to admit light—before those holes I had iron bars placed—they were large enough to admit the body of a person if the bars were
away—wet clothes during the progress of washing were kept in this cellar—in consequence of information from the laundry woman, on Thursday, the 27th of June, about eight o'clock in the morning, I found two bars had been removed from one hole, which would enable a person to get in—I am positive it was after nine o'clock when I went to bed—it was between ten and eleven o'clock—I heard no noise before I went to bed—I was on the floor above the basement before I went to bed.
RICHARD DUST . I am a labourer, and live in Porcupine-place, Ratcliff-highway; I know the prisoner. On Thursday, the 27th of June, about half-past five o'clock in the morning, I saw him close by the East India Docks, about three miles from Mr. Byas's house, walking towards London, with a bundle under his arm wrapped up in a blue handkerchief, with a white cloth round it—I could see the blue handkerchief through the cloth—I asked him were he was going—be said to London—I asked what he had in the bundle—he would not tell me—I went down to Mr. Byas and gave him information of what I had seen—about ten o'clock I went with a policeman to Petticoat-lane—we saw the prisoner standing there, and took him to the station-house—I saw the policeman take a red handkerchief off his neck.
Prisoner. I did not see him at all, nor did he see me with any things Witness. I knew him well by his living at Mr. Byas's—I am sure he is the man—he answered me when I spoke to him—I had lived with him at Byas's.
MART CULVERWELL . I was laundry-maid to Mr. Byas. The prisoner lived there two or three years, and left three weeks or a month ago—I saw the bars safe at eight o'clock at night—about eight o'clock next morning I missed some things, and noticed that the iron bars were burst away from the wall—the things which were left were all thrown about, and the wet clothes pulled out of the tub, but not taken away—this red handkerchief, this blue one, the stockings, and towel, (looking at them) are part of the things—I went to bed about nine o'clock—I cannot say whether it was before or after nine o'clock—I was in the room even with the cellar Until I went to bed, and heard no noise.
FREDERICK BEAVIS . I am a policeman. I apprehended the prisoner, in consequence of information from Dust—I asked him if he knew Mr. Byas, he said "Yes"—I asked if he knew any thing of a bundle of things which had been taken from there last night—he asked me How Mr. Byas knew it was him that took it—I took him to the station-house, found this red handkerchief round his neck, and the blue one and a pair of stockings in his pocket.
Prisoner's Defence. The witness did not see me with the bundle under my arm—what I had was inside my pocket—when I had the things I was at Billingsgate.
GUILTY . Aged 21.— Transported for Life.
Before Mr. Justice Bosanquet.
THE HON. MR. SCARLETT conducted the Prosecution.
JOHN WARD . I am landlord of the Marquis of Granby, in Gray's Inn-lane. On Saturday, the 29th of June, about twenty minutes after eight o'clock, the prisoner came into my house—he had a letter in his fight hand, and apparently a dozen letters in his left—he held out a
letter, and asked me for 2d.—I was busy, and could not attend to him—I asked where he brought the letter from—he said it was a two-penny-post letter, and he was a postman—this is the letter—(producing it)—I am certain it had the same marks upon it then as it has now—it is addressed to me—I gave him the 2d., and asked him where his livery was—he said that was of no consequence—I was afterwards called by Mrs. Stock, and gave him into custody of a policeman—he was searched in my presence, and a paper taken out of his pocket, and about eight letters out of his hat—I gave him 1d. and two halfpence—I am not certain in what coin I paid him—I think it was 1d. and two halfpence—there were no farthings.
ELIZABETH BLAGRAVE STOCK . On Saturday evening, the 29th of June, the prisoner came to my door, which is next door to Mr. Ward—he knocked at my door, a lodger opened it, and called me—I heard the prisoner say to the lodger, "Mr. Stock, plumber and glazier, 2d., a two-penny-post letter"—my husband is a plumber and glazier—I paid him in copper—I think it was four halfpence—there were two halfpence, I know—this is the letter—it bad these marks upon it, and the "2"—when I took the letter out of his hand he said, "I hope it will bring you good luck"—this caused my suspicion—I asked the lodger to mind the door, and ran after him—I overtook him in Holborn, and collared him—he said, "What are you doing?"—I said, "How dare you bring me this as a twopenny post letter?"—he said, "It is a post letter"—I said, "You shall go back with me, and give an account of yourself"—he struggled very hard to get from me—I brought him back to my door—the last witness is my brother—I asked the lodger to call him—the prisoner then struck me three times, and struggled with me till we got into the middle of the road—my brother came up, ran after him, and secured him—he tried to get the letter from me, but he could not—it was wafered with two wafers—I gave it to my brother.
EDWARD BARKER . I am a policeman. I took the prisoner into custody, on Saturday evening, the 29th of June—I took him to the station-house, and seven letters were found upon him—I found sixpenny-worth of halfpence upon him—the letters are in the same state as when I took them from him—they have the same marks upon them—I got two more from Mr. Ward, and marked them—those produced are them.
(These letters being read, informed the witnesses that persons were going to lay informations against them.)
Prisoner's Defence. They were put into my possession to deliver, by a man named Andrew White—I wanted employment—he was to give me a halfpenny each to deliver them, as he had a good many to deliver—I was not aware of any harm being attached to it.
GUILTY . Aged 32.— Transnorted for Seven Years.
Before Mr. Justice Patteson.
2057. JAMES PUNT BORRITT , JOHN STAPLETON, CORNELIUS STRONG , and ROBERT WISEMAN , were indicted for breakingand entering the shop of Michael Henry Hart, on the 15th of June, at St. Paul, Shad well, with intent to steal, and stealing therein, 11 jackets, value 8l.; 3 coats, value 3l.; 4 pairs of trowsers, value 3l.; 5 waistcoats, value 1l.; and 2 handkerchiefs, value 6d.; his property.
MR. PAYNE conducted the Prosecution.
HENRY SOUTHAM . I am shopman to Mr. Hart, of High-street, Shadwell. On Saturday night, the 15th of June, I shut the shop up myself, and left it at half-past ten o'clock—the window shutter outside was fastened up—I went next morning about seven o'clock, opened the door, and found all the goods scattered about the shop, the doors open, and half the shelves cleared of goods—I went backwards with the policeman, and found the shutter taken down, the window taken out of the frame, and the outside shutter broken completely off.
JOHN BROWN . I am a shoemaker, and live in Prospect-place. On Sunday morning, the 16th of June, I was passing along West's-gardens, between half-past one and two o'clock—the back of Mr. Hart's shop comes towards West-gardens—I saw Borritt and Stapleton—I heard Borritt say, "Here is a crab"—I do not know what he meant—I went a little further on, and saw a man very much like Strong, but I did not see his face—he was dressed in a blue jacket, not like he is now—he was standing against the wall making water—as soon as I passed he went to the corner, and whistled—he joined the other two, and they all walked together towards the back of Mr. Eyle's premises, which are next door to Mr. Hart's—I went to the top of West's-gardens—I then went back, and saw Stapleton with his hands against Mr. Eyle's back premises, and the same two I had seen before, but I had no better opportunity of seeing them then than I had before, as there are no lamps—I know Strong by seeing his back, and I know his walk—I have seen him before—I saw Stapleton stand with his hands against the wall, and heard Borritt say, "You get up, and I will stop here, they know you, and they don't me"—I went home to bed, and saw no more.
Cross-examined by MR. DOANE. Q. Have you always been a shoemaker? A. Yes—I work with my father at No. 13, Prospect-place, Back-road—it is not near this place, but I was going along with two lads down to the forest to get some birds' nests, but they thought it was going to rain, and went home—I have always lived with my father—I got into trouble about this—there was a pair of shoes left, and they said they were my shoes, but I had never seen them—somebody said they knew the fit of my shoes—I was not taken into custody—I gave my account of it on Monday morning to Barber the policeman—he did not come to my house—I went down to the Thames-police to tell him of it—I did not know what these people were about—I only saw them at the back of the premises—I thought nothing about it—I did not think it an honest transaction—I believed they were not after any good there—I did not know what they were after—I cannot say why I did not go to a policeman at once—I have never been in trouble myself, never in charge of any policeman, or in any dishonest transaction—I was the length of four houses from the prisoners—I am positive of Stapleton—I never said I was mistaken in swearing to him—I never expressed the least doubt about him—I never said he was not the man, and that I only swore to him by his hat—they were scarcely any time in my sight at first, and about two minutes when I came back—I heard of the robbery on Sunday evening, and gave
information on Monday morning—there was a young woman with me—I might be mistaken about persons in the dark.
Borritt. Q. What can you swear to me by? A. I never saw you before—I can swear it was you I saw.
SARAH CLARK . I am the wife of Thomas Clark, and live in New Gravel-lane, not far from West's-gardens. On Sunday morning, the 16th of June, about ten minutes before four o'clock, I was in bed, and was awoke by a noise in my yard—I got out of bed to see what it was, and saw Borritt in my yard, which leads into Mr. Whiting's at the beer-shop—I returned to the bed side, but could not awake my husband—I returned back to the window, and saw two men both in my yard with a bag containing something—Borritt was one—I cannot speak to the other—I went to open my yard door, and Borritt got over the wall towards Norton's-buildings, which are in Back-lane—he could get out that way—he would have to get over three walls before he came to mine—when I saw him getting over the wall I opened the street door, and called "Police"—the short man was standing in the yard—he had handed the bag up to the tall man, (Borritt,) who sat across the wall—I opened the side door, which opens into Norton's-buildings—a person coming from there must pass my door—I saw Borritt come past—he passed me close, and when I called police he said, "You b—fool, what are you making a noise about? there is nothing going to hurt you"—I said, "I don't know that, you had as lief hurt me as any one else, it is you, is it, sir?"—I saw who it was, and knew him when he spoke to me—I knew him by the name of Punt—I went out to the end of the court, and saw a policeman, and then Borritt ran round—the bag was dropped over the wall as Borritt jumped over—it fell on the outside in my court—I kept it till Barber the policeman came, and gave it to him—I swear Borritt is the man that spoke to me.
RICHARD BARBER (police-constable K 250.) On Saturday night, the 15th of June, I was on duty near New Gravel-lane—Hart's house is seven or eight doors from High-street, and West's-gardens about the same distance—a person coming from the beer-shop could get into Norton's buildings without going up New Gravel-lane by getting over a pigstye, and coming round Dockwall, then getting over into the beer-shop yard, and from there over some fences into Norton's-buildings without coming into the street at all—a man came to the door next door to the beer-shop, and called "Police," a little after three o'clock—in consequence of what he said I went up to him, and heard a cry of "Police" from Norton's buildings—before the man could hardly speak to me I turned round, and saw Borritt running as fast as he could—I immediately sprang my rattle, and followed, but could not catch him—they then said, "Here are some more backwards in the yard"—I went through a house into the beer-shop yard, and looked round—I saw a short man dropping from the beer-shop wall into Norton's-buildings—I went round to catch him, and in the court was Mrs. Clark, who gave me a sack containing property, and said Borritt had just dropped it—I searched for the short man, but he got away—about twenty minutes after as I returned from the station-house I saw Wiseman at the top of New Gravel-lane close by Norton's-buildings—I knew him, and said, "Wiseman, do you know any thing about the sack you lent Borritt?"—he said, "Yes, I lent him a sack, he said it was to get some tobacco out of the Docks, and I am very sorry I did now"—when Borritt was taken into custody, which was on the Monday week following, I went to
Wiseman, and said, "Borritt is taken into custody, now we shall want you to explain what you stated to me"—he went with me without making any objection—he came very quietly to the Thames-police, and was put at the bar as a prisoner by the Magistrate, in consequence of what he stated, and he was committed.
Cross-examined by MR. HORRY. Q. You found Wiseman at home? A. Yes—I knew him by his carrying coals.
MRS. CLARK re-examined. I saw Wiseman that morning about twenty minutes after I saw the others—he said, "What is the matter?"—I said, "There have been thieves in my yard, and they have run away"—he said, "Yes, one was Punt, and I lent him a bag, and I am sorry for it."
WILLIAM SHAW (police-constable K 73.) I apprehended Borritt about three-quarters of an hour after midnight, on the night of the 24th of June, in a public-house in Whitechapel—I told him I wanted him for a burglary at Mr. Hart's, in Ratcliff-highway—he asked me when—I said, "Last Sunday morning week"—he said, "So help me G-v-d I was not in London"—I said, "It is said you were in New Gravel-lane in company with three other persons with a sack and a quantity of property"—he said, "I know nothing about it"—he said he would walk quietly with me if I would not hold him—I consented, but suddenly he knocked my hat off, tried to trip me up, and ran away—I followed him about two hundred yards, and at last secured him with the assistance of a constable who came up.
THOMAS SQUIRE (police-constable K 282.) I took Stapleton into custody, and told him it was for breaking into Mr. Hart's house on Saturday night, the 15th—I took him on board a ship—when I got him on the quay he said, "This is the fruits of getting into bad company"—in going along I cautioned him that if he said any thing I should certainly make use of it against him—he then said, "What time was it?"—I said, "It was last Saturday week"—he said, "Let me recollect, I slept at my brother's, I think"—when we got a little further he again questioned me as to the night, and I gave him the same answer—he then said, "I recollect myself, I slept at my father's, in Mary-street, Stepney"—I afterwards went to the Docks, and apprehended Strong, at work there—I told him it was on suspicion of breaking into Hart's house—he said he knew nothing about it.
MICHAEL HENRY HART . I am owner of the shop, No. 10, High-street, Shadwell. I have seen this property, and know it to be mine—it is worth altogether 14l. or 15l.—my house is in the parish of St. Paul, Shad well.
BORRITT— GUILTY . Aged 25.— Transported for Fifteen Years.
STAPLETON, STRONG, and WISEMAN— NOT GUILTY .
Before Mr. Justice Bosanquet.
JOSEPH OSBORNE . I am a baker, and live in Little Shire-lane, where the prisoner's father and mother live. I lodge in the garret—another young lad slept in that room—the prisoner is a copper-plate printer—he does not live there—his brother sleeps with his father and mother, but the other one sleeps with me—he is about sixteen years old—on Sunday, the 16th of June, I went to bed about twelve o'clock—I then had 28s. in my
fob pocket—there were four hall-crowns, ten sixpences, and the rest shillings—I put my trowsers under my pillow—the other lad slept with me that night—I saw the prisoner in the room, before I went to bed—he had been home, and went out between seven and eight o'clock in the evening, and I believe, did not return before I went to bed—I went to sleep, and awoke about two o'clock, when the prisoner came into the room—he laid himself down by the side of the bed and pulled off his shoes, lying on the same bed as I and the young lad were in—I went to sleep again, and awoke about five o'clock in the morning—the prisoner was gone then—I found my trowsers had been taken from under my pillow, the pocket cut, and the trowsers laid across the bed—the other lad was asleep—I gave an alarm—the father and mother were in bed—I awoke them, and told them what had happened—I saw the prisoner again on the 2nd of July, and asked him what he had done with the money—he said he had none—I went for Dennis, the policeman, who took him.
JOHN DENNIS . I am a policeman. I was sent for, and took the prisoner into custody—I told him I was come to take him for stealing the prosecutor's money, 23s.—he made no answer—I found nothing on him.
Prisoner's Defence. I left the prosecutor along with two young girls at twelve o'clock at night.
NOT GUILTY .
Before Mr. Justice Patteson.
JANE BLUCK . I am the wife of James Bluck, who lives in Hampshire-court, Whitechapel-road. I work at tailoring—the prisoner came to work for me on the 26th of June—I did not know her before, but she said she was recommended to me—she came on Thursday, the 27th of June—I went out of the room before eleven o'clock, leaving her up stairs, and my mother-in-law ill in bed down stairs—I have only two rooms—the prisoner called to me about twelve o'clock, to ask if she might go to dinner at half-past twelve o'clock—I told her "Yes," but she went away at twenty minutes after twelve, and did not return—I went up stairs to see if all was correct, when her dinner-hour was over—I missed nothing till twenty minutes after two o'clock, when I looked into the box to see if my husband's clothes were right, and missed the coat from the box under the band-box—I went to the pawnbroker, but could not find it—I gave information to the police—I went in search of her, and found her by the public-house, about twenty minutes after six, very tipsy—I asked her where my husband's coat was—she said she had not got it—I gave her in charge—this is my husband's coat and waistcoat (examining them)—I made it myself—I put it in the box that morning.
THOMAS BURNS . I am a policeman. The prosecutor gave the prisoner into my charge—she said she had not got the coat—I found a duplicate in her hand—she tried to put it to her mouth—I laid hold of her hand, and took the duplicate from her—I went to the pawnbroker's, and found the coat and waistcoat pawned for 7s.
a coat and waistcoat pawned on the 27th of June, by the prisoner—I believe this is the duplicate I gave for it.
Prisoner's Defence. I throw myself on the mercy of the Court.
GUILTY . Aged 19.— Confined Six Months.
Before Mr. Justice Bosanquet.
SARAH HARTUP . I am the wife of Thomas Hartup, who keeps a straw-bonnet shop, in Cross-street, Shepherdess-fields, in the parish of Shoreditch. On the 27th of June, I left the shop and went into the area, and while there, I thought I heard somebody enter the door—I looked through the grating, and saw the prisoner leaving the step with something in his hand—I immediately ran up stairs and saw one of my drawers open which I had left shut—we live in the shop—I went to the door, and saw the prisoner in the act of turning the corner, with something in his hand—I immediately ran up the street—a policeman stood at the corner—I called, "Stop thief"—he ran after him—the prisoner ran into a young man's arms, then turned back, and threw the things down the area of No. 27, Vaughan-terrace—these are the things which had been taken from my drawer.
Cross-examined by MR. PAYNE. Q. How far is your house from the corner? A. Two doors—I saw the man very plain—he was running towards my place, when he threw the things down—I did not lose sight of him at all—I was down in the area filling the kettle.
JOSEPH CHARLES RING . I am a policeman. On the 27th of June, I was on duty near the prosecutor's shop—I saw a man in the shop between five and six o'clock, which was unusual at that time—I stopped and looked, and in a minute or two the prisoner came out—I had seen him at the drawer, pulling the things about—he came out towards Shepherdess-walk—I was in the act of crossing the road towards him, when the prosecutrix came out and called out, "There is a thief"—I instantly followed him—he ran towards the City-road with the things under his arm—I called, "Stop thief"—there was a young man who turned round to take hold of him, and the prisoner turned back and threw the things over the area, seeing me close on him, and ran into a man's arms—I took him into custody, and said he must go with me—he said, "It was not me"—I said, "What was not me?"—he said, "I did not take the things"—I took him back to the shop, and in going back with me the things were given me from the area—the prosecutrix claimed them.
Cross-examined. Q. How far off were you standing when you saw him at the drawer? A. On the opposite side of the way—the door was wide open—it is about one hundred and fifty yards from the prosecutor's to Vaughan-terrace—I knew his person before—I never lost sight of him.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Six Months.
Third Jury, before Mr. Common Sergeant.
to Saturday the 9th of June—I missed a great number of articles—among the rest a cape—I sent a policeman to her—this is my cape (looking at it)
WILLIAM LOVERICK (police-constable R. 57.) I received information from Mrs. Thorpe, and went and found the prisoner at Bartholomew-place, Holloway—I asked if she had been at work at Mrs. Thorpe's—she said, yes—I read over a list of articles which I had received from Mrs. Thorpe, and during that time she pulled a cape off her shoulder, and threw it behind her—I took it up, and asked who it belonged to—she said to Mrs. Thorpe—I asked How she came by it—she said she took it because it rained on Saturday night, and intended to take it back again—the mother gave me leave to search all over the house, but I found nothing else.
Cross-examined by MR. PHILLIPS. Q. You searched her trunk, and every thing belonging to her, but found nothing? A. No—the mother even turned the things out of the boiler, which were being washed—I took every thing away to see if the prosecutrix could identify any of them—the mother wished me to do so—the prisoner gave the same account before the Magistrate.
NOT GUILTY .
BENNETT BENJAMIN . I am a cab proprietor, and live in Whitecross-street, St. Luke's—I have one partner—about half-past nine o'clock, on the 26th of June, I locked up the stable in White's-yard—the harness was safe then—I went to the stable about seven o'clock next morning, and it was gone—this is it (looking at it.)
WILLIAM PURSER . I am horse-keeper to the prosecutor, and live in Ironmonger-row, St. Luke's—I went to the stable at five o'clock in the morning, and the harness was gone—the lock was not broken, but there was a door, which I never noticed before, open.
WILLIAM MOLLOY . I am a costermonger, and live opposite White's yard—about six o'clock in the morning I went to go into my stable, and the yard-door was fast—I could not get in—I asked who was there, as the door was fast inside—I went to break open the door, but the prisoner Haswell opened it, and Henty walked out—I asked what brought them there—they said the doors were open, and they had come in to go to the privy—it was not the prosecutor's stable, but the yard I saw them come out of—I am sure they are the two I found there.
JOHN JAMESON . I Jive in Broad-yard, Golden-lane, and keep a donkey in the next stable to the prosecutor—about eight o'clock in the morning I went to my stable, and found a sack containing the prosecutor's harness—I did not put it there—I took it to the station-house in Featherstone-street.
JAMES HAYWARD (police-constable G 212.) I produce the harness from Featherstone-street station-house—on the 2nd of July I apprehended Henty, and on the 26th of June I took Haswell—while he was waiting at the station-house he sent for Sergeant Brannan, and told him he was one who stole the harness, and that Henty was the other, and said he wished to be sent to the Isle of Wight.
NOT GUILTY .
SUSANNA SEABORNE . I am the wife of Isaac Seaborne, and live in Lower Sloane-street, Chelsea—the prisoner had a furnished lodging at my house—on the 8th of July I gave her two sheets to put on her bed—the went out immediately after—at half-past eleven o'clock at night, finding she did not come home, I went into her room, and the sheets were not there—she came home at two o'clock in the morning, not sober—I asked her where the sheets were—she said they were up stairs—after some hesitation she went up with the policeman, and they were not there—she could not say what she had done with them, and I gave her in charge—this one sheet is mine (looking at it.)
(The prisoner pleaded poverty.)
GUILTY . Aged 35.— Confined One Month.
2064. CATHERINE SOPHIA NISBET, alias Salisbury, was indicted for stealing, on the 18th of June, 1 shawl, value 16s.; 1 pair of trowsers, value 15s.; 1 sheet, value 3s.; 1 shift, value 1s. 6d.; 1 cloak, value 10s.; 1 veil, value 7s.; 2 petticoats, value 1s. 6d.; 1 frock, value 1s.; 2 shirts, value 2s. 6d.; 2 pinafores, value 2s.; 1 tippet, value 1s.; 1 plume of feathers, value 5s.; 1 trunk, value 3s.; 1 sovereign, and 11 shillings; the goods and monies of Julia Dorman.
JULIA DORMAN . I have been a muffin and crumpet maker, but have left that about two years—I worked at my needle till within the last few months, but have now taken a house of accommodation—my husband is a stone-mason—he was sent out of the country five years ago, and I have not seen him since—he was transported—the prisoner came to ask to lodge with me about sixteen weeks ago—I told her I did not want a lodger—she said she had no where to go—I said she might stop, and soon after she was taken very ill—she could not get into the hospital for better than a fortnight—I did what I could for her, and after she got into the hospital I gave her money to pay for things—she came out on the 18th of June, and on the 18th I asked her to mend a frock for me—I left her at home for about twenty minutes—when I came back I went to my trunk to get some money, but the trunk was gone and the money too—the trunk contained the articles stated—this is my petticoat (looking at it)—she had paid me nothing at all.
ELIZABETH BEADER . I live with my father in Peter's-alley, Shoreditch, next door but one to the prosecutrix—on the 18th of June, about half-past twelve o'clock in the day, I saw the prisoner with a little boy, who had a box on his head—she was helping him with it in Wheeler-street.
JAMES LOTT . I am a policeman. I took the prisoner in the Strand on another charge—I found nothing on her myself—this petticoat was taken off her at Featherstone-street station-house, but not in my presence.
JULIA DORMAN re-examined. The female searcher took the petticoat off her, but in the street she untied it herself, and it dropped off her—I was present—the gown she has on now was in the trunk, but that belongs to her.
GUILTY .* Aged 18.— Transported for Seven Years.
WILLIAM FENN DUGGIN . I live in Lower-road, Islington. On the 2nd of July the prisoners came into my shop, and Bond left two yards and a half of ribbon to be dyed pink, by the following day—a few minutes afterwards a person came and gave us information, and on looking round I missed a silk gown out of the window—I went to No. 36, Providence-row, and waited there several minutes—a witness went to the window, and called out to ask if any body was there—he received no answer, but we saw the prisoners crouch down at the side of the bed—they came to the window—we asked for the silk dress—Bond said if we would not send for a policeman they would give it to us—I said nothing to that, and they produced it.
JOHN PHILLIPS . I live in Baldwin's-street, City-road. I saw the two prisoners come out of the prosecutor's shop—when they got a few yards they took to running—I thought they had stolen something, and ran after them—they turned into a house, and I lost sight of them—I went and informed the prosecutor, and went with him to the house in Providence-row—I knocked at the door—nobody answered—I opened the window, and saw them crouch down by the side of the wall—I said, "You had better give the dress up, and open the door and come out"—they both handed the dress out, bit by bit—it was in pieces.
Goodman's Defence. Bond went into the shop for a piece of ribbon—she took the silk out of the window, and took it into the room—I was with her.
Bond's Defence. She took it out of the window, and told me to put it under my own apron.
BOND— GUILTY . Aged 16.
GOODMAN- GUILTY . Aged 17.
Confined Three Months.
2066. RICHARD JONES was indicted for stealing, on the 9th of July, 1 cap, value 4d.; 1 pinafore, value 1s. 5d.; and 1 belt, value 2d.; the goods of Thomas Faney, from the person of Edward Faney; to which he pleaded
GUILTY — Confined One Month.
GUILTY .— Confined One Month.
2068. ANN JACKSON, alias Maria Donaldson, was indicted for stealing, on the 8th of July, at St. Marylebone, 1 spoon, value 10s.; and 1 pair of stays, value 30s.; the goods of Robert William Pearse: 2 coats, value 4l.; 1 shawl, value 5s.; 1 box, value 5s.; 1 brush, value 6d.; and 10 combs, value 1s.; the goods of Bennett Gosling; in the dwelling-house of the said Robert William Pearse.
ANDREW WYNESS . I am a policeman. Last Monday, about four o'clock in the morning, I was in Wigmore-street, and met the prisoner—she passed me, and went on a little way—I followed her into Edward-street, and into Barrett's-court, and before I got into the court she was out of sight—I found a door shut, I pushed it open, and she stood at the back of the door, with this bundle in her arms—I said, "What have you got here?"
—she said, "Two coats"—I said, "What, old coats?"—she said, "Yes, rubbishing old things which were given to my husband; they are good for nothing"—I said, Where did this box come from which she had got?—she said, "I do not know"—I said, "Here are a pair of stays"—she said she had bought them—she said she was taken very ill, and wanted to go to the water-closet, but I found the back door shut—I allowed her to go to the bottom of the stairs—I afterwards took her to the station-house, where she was searched.
HANNAH PEARSE . I am the wife of Robert William Pearse, and am a milliner, in Regent-street. The prisoner has lived with me as cook, but left on the 10th of April—I do not think I saw her after that at my house—this spoon and these stays are mine—the spoon was not in my possession, but in the care of the valet of Mr. Bennett Gosling, who lodges with me—I miss one spoon out of twelve—I saw the stays safe in my house last Friday—they were delivered to a lady last Friday by my porter, and on Saturday were returned to be altered, and put into a box on a chest of drawers, in my hall—they were in my house on Sunday morning—they have the lady's name on them who they were sent to.
ROBERT MOODY . I am porter to the prosecutor. I fetched a pair of stays on Saturday night from Paddington-green—I took them home, and took them to master's house on Sunday morning—I left them in the hall in a box—I believe these to be the same—the door was not bolted as usual when I came on Monday morning—it was on the latch, as it would be in the day-time.
THOMAS WENLOCK . I am valet to Bennett Gosling, Esq. I went into the country with my master on Saturday night—I returned about six o'clock on Monday, and missed some coats—these are them—they belong to Mr. Gosling—I saw them safe at two o'clock on Saturday in the wardrobe in the bed-room, and this spoon was in the bed-room also—the prisoner was servant at the house at one time—I have not seen her in the house since—this box belongs to Mr. Gosling—I saw that on Saturday—it contains an instrument—it is locked, and has not been opened.
Prisoner's Defence. I was out at an early hour on Monday morning—I saw a young man, who had the bundle—he said he would give me the coats, which cost 14s., and 5s. if I would take the parcel for him as far as Duke-street.
GUILTY . Aged 23.— Transported for Ten Years.
2069. JOHN PAINE was indicted for feloniously breaking and entering the dwelling-house of Catherine Vitnens, on the 9th of July, and stealing therein 9 yards of printed cotton, value 12s., the goods of James Connell.
LOUISA CONNELL . I am the wife of James Connell, and live in Wink's-buildings, Church-row, Chelsea. The prisoner lodged with us about a fortnight—I left the house on the 9th of July, about eleven o'clock—he was not in the house then—I did not lock the door when I went out—this property was on the table by the window—I shut the window down, and went to the linen-draper's—I pulled the door after me, but it was not locked—it was latched—I returned in about a quarter of an hour, and missed the gown, which I had to make—I am quite sure I shut the door.
of cotton which the prisoner pawned at my shop yesterday, between ten and eleven o'clock—I am sure he is the person—I lent him 3s. 6d. on it.
Prisoner. The window was open.
GUILTY . Aged 14.— Confined Three Months.
RUTH YARNELL . I am the wife of George Yarnell, and live in Coalyard, Drury-lane. I left the house on the 27th of June, about ten o'clock in the morning—I locked the door, and returned at six o'clock in the evening—I found the door forced open, and these articles gone—these are my bonnets—(looking at them.)
GUILTY . Aged 16.— Confined Six Months.
NOT GUILTY .
NEW COURT.—Wednesday, July 10th, 1839.
Fifth Jury, before Mr. Recorder.
2072. JOHN GRIMMETT was indicted for embezzlement: also, for stealing, on the 22nd of May, 2 sovereigns, 1 half-sovereign, and 4 half-crowns, the monies of William Mason, his master; to both of which he pleaded
GUILTY . Aged 26.— Confined Twelve Months.
MR. ELLIS conducted the Prosecution.
WILLIAM HITCHCOCK . I am the son of John James Hitchcock, of Poppin's-court. On the 26th of June the prisoner came with another man—the prisoner asked for a bottle of ginger beer—he had a penny one, which he drank, and put down a good half-crown—I examined it, and it was good—I asked my mother if she had got change—she said, "No"—my father was down stairs—I went and gave him the half-crown, and brought up 2s. 5d. change—the other man then called the prisoner a fool for changing half-a-crown when he had halfpence, and he said, "Go, fetch up the half-crown again, I have got change"—I went down—my father came up with me, and then he said, "I have no halfpence now, I must change half-a-crown."
Prisoner. I offered you a penny, and you said it was 1 1/2 d., and I gave you half-a-crown. Witness. I did not charge 1 1/2 d. for the beer—you did not offer me a penny—you chucked down the half-crown.
my cellar—my son brought me a half-crown—I am confident it was a good one—I examined it very closely, and I gave him change—some time after he came and said the gentlemen had got halfpence—I went up stairs with the half-crown in my hand—I found the prisoner and another man there—the other man said, "You have got halfpence in your pocket"—the prisoner felt in his pocket, and could not find any halfpence—he had given me my change back, and I gave him the half-crown—he said, "I most change now," and gave me another half-crown—I gave him the same change—I put the half-crown in my pocket, where I had no more silver—in ten minutes or a quarter of an hour I found it was bad—I went in search of the prisoner, but could not find him—next day I marked the half-crown, and gave it to Waller.
SARAH BRITTON . My mother keeps a shop in Dean-street, Fetter-lane. On Wednesday week, about nine o'clock in the evening, the prisoner came in with another man, and asked for half an ounce of tobacco, which came to 2d.—I served him, and he offered me a half-crown—my mother was by me—I saw directly that the half-crown was bad—I gave the prisoner 4d. and said I would go and fetch change—I went out at the side-door, and fetched Allen—I gave him the half-crown, and he took the prisoner.
SARAH ELLISON BRITTON . I saw my daughter take the half-crown which the prisoner put down—after she was gone out, the other man appeared uneasy, and asked where the little girl was gone so long for change—I said, I supposed to the public-house—he went over there, came back, and said she was not there—I said, perhaps she was gone to the baker's shop—he said, "I have a shilling, perhaps you can change that"—I said, "No"—he then said to the prisoner, "I have 1 1/2 d., can you raise another halfpenny?"—the prisoner said, "I have not a halfpenny"—the other man then went out and did not return—the prisoner remained.
Prisoner. Four-pence was what the witness gave me.
GUILTY . Aged 22.— Confined One Year.
NOT GUILTY .
ELIZA JUMP . I am the wife of William Swayne Jump, a tobacconist in Carburton-street, Fitzroy-square. On the 21st of June, the prisoner came for a quarter of an ounce of tobacco—he gave me half-a-crown, and I gave him 2s. 5d.—I looked at the half-crown, and said, "Is it a good one?"—he said he wished he had fifty of them, he should be a better man than he was—he then went out, returned immediately, and said, "You have given me a bad shilling"—I said I had not, I had no bad money—he said, "You must change it"—I gave him a good shilling for it, and took it back—I wrapped it up in a bit of paper, and took it down stairs—it was not fit to show to any body—I feel quite confident it was not the
one I gave him, but I gave him another for it, because I felt rather alarmed at his appearance, and thought I had better lose the shilling—I kept it distinct—on Sunday, the 23rd, he came again for the Dispatch newspaper, which comes to 6d.—he gave me a half-crown—I gave him change, and he went out in a moment—Mr. Mason came in and spoke to me—I gave him the half-crown—he ran out, and brought the prisoner back—the prisoner asked me to take the money back, and give him the half-crown—he asked me not to give him in charge, and went down on his knees—I said, "Let the man go, as he has given the change back," but Mr. Mason would not let him go, and then he seemed to be resolute, and tried to knock the half-crown out of his hand.
WILLIAM MASON . I am a hatter, and live under the same roof with Mr. Jump. I saw the prisoner pass to and fro, by the parlour windows, and the shop door, looking about—I had some suspicion, and, directly he came in, I concealed myself behind the door of the partition which divides the shop—I heard him ask for the Dispatch, and I heard some money pass—the moment he was gone, I said to Mrs. Jump, "Let me look at that money?"—I felt it, and put it to my teeth—I ran after him—he seemed very much alarmed, put down the 2s., and said, "Give me my half-crown?"—he went down on his knees, and Mrs. Jump said, "Let him go," but I would not—after that he tried to knock the money out of my hand, and tried to get past, hut I held his collar—he was very abusive, and said I should tear his clothes, and I would not buy hint more, and so on—I gave the half-crown to the policeman—on the way to the station-house the policeman took it out, and the prisoner knocked it out of his hand, and struck me with his right hand—we had a great struggle to get the money—a female came up, and tried to get it, but I got it, and gave it to the policeman again.
FREDERICK BROWN (police-constable E 70.) I went to the shop on the 23rd, and found the prisoner there—I took him—Mr. Mason gave me the half-crown—I put it into my pocket—on the road to the station-house I took it out, and he knocked it out of my hand—a woman came running up, and tried to get it—Mr. Mason gave it me again.
Prisoner's Defence. I know nothing of the shilling.
GUILTY . Aged 23.— Confined Twelve Months.
GUILTY . Aged 21.— Confined Six Months.
MESSRS. CLARKSON and ESPINASSE conducted the Prosecution.
MARY ANN ARNOLD . I am housekeeper to Sir Jukes Clifton. The prisoner was in his service in 1837 as housemaid—he had a residence in Wales then—she was in his service for two years, and left it—I engaged her a second time on the 1st of May this year, and she was discharged on the 17th of June—I had the misfortune to lose a £5 note—before the prisoner
left there was a search made about a dozen handkerchiefs, some towels, and a silver candlestick, which were missed—they were marked with Sir Jukes Clifton's initials—(examining the property)—I believe this handkerchief to be his—it is like some he has—there was a mark of his name on it, and here is the shape of the letters which have been picked out—it is numbered "6"—these towels were my master's, but the mark is cut off—they answer to the number I have missed, and in quality and breadth—they have been lost since the 1st of May—they were clean when she took them, but they have not been washed since she has re-hemmed them—I had been out, and she had the care of the kitchen—she would have the care of this linen for the use of the bed-rooms—I missed three chamber towels, and those produced by the policeman answer to what I have lost.
LADY MARY ANN CLIFTON . I am the wife of Sir Jukes Granville Jukes Clifton. He has an estate in Montgomeryshire, and a house in Great Cumberland-street, London—the prisoner had been in our service in 1837, in Wales, but she left after some time, without any complaint—she came to of this year, about the middle of April, in town—I never gave her any of these articles, or knew that she had them.
Prisoner. I had four handkerchiefs given me by this lady, four old ones, left for me in Wales—the towels have been in my box four years. Witness. Not that I know of—these were brought up by Sir Jukes to London—there were no such given away in Wales.
GEORGE ARNOLD (police-constable D 84.) On the 18th of June I was sent for to the prosecutor's—I went with one of the servants to Salamanca-court—we waited there till the prisoner came in—she gave me the key to open her box, and in it I found these three towels and these handkerchiefs—she gave me three duplicates out of her pocket—there had been some letters picked out of these handkerchiefs, and I pointed it out to her—she said she had nothing else to do, and Lady Clifton gave her four of them.
Prisoner's Defence. I had four given me.
GUILTY. Aged 35.—Recommended to mercy. — confined Six Weeks.
(There was another indictment against the prisoner.)
CHARLES BRUMBY . I live at Harrow-on-the-Hill. Last Saturday night I slept at the Cannon, at Old Brentford—the prisoner slept in the same room—I left my shirt on the bed, and when I came to look again it was gone—this is it—(looking at it.)
Prisoner's Defence. I bought the shirt in the street.
GUILTY . Aged 50.— Confined One Month.
GEORGE WILLIAM JONES . I am a furrier, and live in Oxford-street. The prisoner was my errand-boy—he left me about a month ago, and after that I found him concealed in the house at night, with a knife in his sleeve
I gave him in charge—he was sent to Clerkenwell, and I forgave him; but since then I found this boa at his father's, behind the door—his mother claimed it, and said a Mrs. Cole gave it her—the father said it was all untrue what the mother stated, and that the boy had brought it from my house one day, about a month after he had been in my employ, stating that I had given it him in exchange for a brush—the prisoner made no reply to that.
GEORGE BARTLETT . The prisoner is my son—he brought the boa home, and said it was made a present to him by his master—there was something said about a brush, but I did not hear what—I thought it was probable his master might make him a present of it, as he was kept very late at night—he said it was of no service to his master, and he had made him a present of it.
MR. JONES re-examined. I believe this to be mine—I could not tell whether I had lost a boa or not till I took stock and then I missed such a one—I did not give it to him.
Prisoner. I was sent by my master to Camberwell, and did not return till half-past two in the morning—I found the boa in Oxford-street, and told my father my master gave it me—this was not my master's boa.
GUILTY . Aged 15.— Confined Two Months.
SUSAN LONG . I am the wife of Richard Long, and live in Neville's-court. On the 12th of June I delivered the prisoner a merino dress, to be altered—I heard she was in the New Prison—I applied to her to know what had become of it, and she said it was in pledge.
Prisoner. I pledged it to obtain some articles for my work—I should have returned it on the Friday.
NOT GUILTY .
SOPHIA PRICE CARTER . I am single. On the 16th of February, the prisoner called on me and had a pair of quart decanters—on the 18th she called again and had a pair of pint ones to match them—I lent, her the basket to put them in—she said she would return it in half an hour, with the money and the basket—I never saw her after.
NOT GUILTY .
On the 12th of Jane, I gave this print to the prisoner to make up into a dress at her own room—she pawned it.
NOT GUILTY .
SOPHIA PRICE CARTER . I am single. I manage my brother Thomas Carter's business, in Garnault-place, Spa-fields. The prisoner called on me on Saturday, the 16th of February, she said she came from Mrs. Stevenson, a lady she worked for at Islington, and the lady wanted a pair of quart decanters—on the Monday she called again—she said the lady approved of the quarts, and wanted a pair of pints of the same pattern—I let her have a pair of pint decanters—she said if the lady approved of them she would keep them, and she would come and let me know—the price of the last pair was 1l.—I believed they were intended for a lady—she did not say where the lady lived at first, except that it was in Tindal-place, Islington, but on the Monday she said it was the last house but one—I went to every house but two in that plaec, and there was no such person known—the other two houses had names on the doors—one was Armstrong and the other I do not remember.
JOSEPH LUSH COTTON . I am a pawnbroker, and live in Dorrington-street, Clerkenwell. I have a pair of pint decanters pawned by a female on the 18th of February, in the name of Ann Jones—I cannot swear that it was the prisoner—this basket was led with them.
GUILTY . Aged 39.— Confined Twelve Months.
2084. GEORGE IVORY was indicted for feloniously receiving of a certain evil-disposed person, on the 5th of February, 1000 pairs of shoes, value 200l.; 2000 pairs of boots, value 400l.; and 1000 pairs of stays, value 600l.; the goods of Samuel Emsley; well knowing the same to have been stolen; against the statute, &c.
MR. CLARKSON declined the prosecution.
NOT GUILTY .
Fourth Jury, before Mr. Sergeant Arabin.
ELIZABETH ABRAHAMS . I am a widow, and keep a broker's shop in Ratcliffe-highway. On the 1st of July, between seven and eight o'clock, I saw the prisoners and another person, who got off, walk past my door several times—the other asked the price of a pair of pistols—I said they did not want to buy, and told them to go on—I turned my back a moment, and missed the pair of pistols—I ran after the three—I said to Viney, "You have stolen a pair of pistols"—I got a neighbour to collar Andrews—Viney had got this one pistol in his pocket, the other he said he had not got, and it has not been found—Viney was very violent, we could hardly get them to the station house—there was nothing found on Andrews.
Andrews. Q. Did you see me with the other prisoner? Witness. Yes.
charge—he said he knew nothing of it, he only passed by at the time, he did not know the other prisoner at all.
Viney's Defence. I passed the door and stood about five minutes—a tall young man said, "Here is a pistol for you"—he dropped it—I took it up—the prosecutrix followed and said, "You have got a pistol of mine"—I said, "Yes," and gave it her.
VINEY— GUILTY . Aged 19.
ANDREWS— GUILTY . Aged 18.
Confined Six Months.
SUSANNAH HARRINGTON . I am the wife of John Harrington, a cow-keeper at West-end, Hampstead. The prisoner assisted us for three days to make hay—on Saturday night, the 22nd of June, about twelve o'clock, I heard our ducks make a noise—I got up and came down—I saw one duck in the yard, and all the doors and gates open—the ducks had been in the hen-house, all safely shut up—I missed three ducks and one drake—one was sitting, and he took it off—the prisoner had slept in our barn, but he had finished on the Friday night, and we had done with him—the ducks were dead when I saw them again, but I knew them to be mine.
THOMAS BELL (police-constable S 70.)—I saw the prisoner on the Sunday morning, in a field about a quarter of a mile from the prosecutor's, lying asleep—he had a bundle with him—I collared and shook him—my brother officer opened the bundle, and found in it the ducks and the drake—I knew the drake myself, from having been on the premises.
Prisoner's Defence. I met a young man who walked with me—he gave me the bundle, and said, "Take it on the road, and I will overtake you"—I went on and laid down till he came.
GUILTY . Aged 26.— Confined Six Months.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY .*— Transported for Ten Years.
JOSEPH AXFORD . I am the brother of Amelia Axford. She married the prisoner at St. George's, Bloomsbury, in 1818—I think she had followed the business of a dress-maker—I was at the wedding—they lived together eight or nine years—the prisoner was a cheesemonger, a master and shopman—they used to quarrel, and eventually they separated—my sister was alive this morning.
HENEAGE PARKER CATTERNS . I am parish clerk of St. George, Bloomsbury. I have the register of marriages—on the 5th of April, 1818, John Oxman and Amelia Axford were married by banns, by the Rev. George Hunt, the minister.
SARAH SAINSBURY . I married the prisoner on the 18th of May, 1834, at St. Martin-in-the-fields—we were married by banns—I had known him about three months—he represented himself as a widower, and said his wife had been dead for two years—I had been a servant in a family—I lived with the prisoner about two years after we were married—I had
about 100l. when he married me—he got it all, and brought me to great destitution, and then left me—I had no family by him.
Prisoner. Q. Did not she strip me of every thing? A. I know nothing about it.
SARAH TRUMP . I have been acquainted with the prisoner for twelve months—I married him on the 7th of January last, at St. George, Bloomsbury—he represented himself as a widower—I had kept a coffee-shop in Judd-street—I had a good business, which I have been obliged to give up since I have known him, to pay my way—I am in the family way by him—I found out that he was married about two months since.
Prisoner. My first wife absconded from me, and then she would not let me come home—I was eight years in the hospital and workhouse, and when I went home she got a neighbour to turn me into the street—next day I was forced to go to the workhouse—her ill treatment made me marry my second wife, and my first wife came to annoy us—I then parted—and then she came to my last wife, and got her to come against me.
GUILTY . Aged 53.— Transported for Seven Years.
THOMAS HOWLAND . I live with Mr. Arthur Gurney, in Brewer-street, Somers-town; he is a publican. On the 6th of July, about five minutes before eight o'clock, I was in the bar, and a person asked me to give him change for a sovereign, which he put down. I took it up, and went and got the change, in four half-crowns and 105.—I then saw the prisoner, which was the first time I had seen him—I asked whose change it was, and the prisoner came to me and said it was his—I gave it him, and asked if there was any thing to pay—he said a pot of beer, and he gave me a shilling—I gave him the change and took for the beer—he went away, and when he was gone the other person came and asked for the change—I am sure the prisoner is the man that got it from me—I had not known him before.
JAMES BOSLEY . I went to the prosecutor's last Saturday night—I wanted change for a sovereign, which I put down on the bar—I had been sitting in the room about five minutes before that—Howland took it to
get change—I then went into the room again, and when I asked for the change it was gone—I did not see the prisoner.
JAMES STRUGNELL . I live in Somers-town. I went to the Independent public-house last Saturday evening, and had half-a-pint of ale—Howland had a sovereign in his hand—he got the change, and said whose was it—the prisoner said, "It is mine, "A pot of beer" and gave him a shilling.
WILLIAM SHEEHEY (police-constable S 74.) I was on duty in Brewer-street. I saw Mr. Gurney at the door—I went and found the prisoner there—I found three half-crowns, twelve shillings, a sixpence, and a half-penny on him.
Prisoner's Defence. I stood at the bar—this lad said, "Here is your change," and I took it.
(The prisoner received a good character.)
GUILTY. Aged 35.—Recommended to mercy.— Confined Six Weeks.
2091. JANE BENNETT and DANIEL PALMER were indicted for stealing, on the 28th of June, 6 shifts, value 2s.; 2 shirts, value 1s. 6d.; 2 pairs of trowsers, value 1s.; 1 table-cloth, value 6d.; 1 night-gown, value 6d.; 1 petticoat, value 3d.; 1 pinafore, value 8d.; 1 apron, value 3d.; 1 pair of socks, value 3d.; and 1 handkerchief, value 1d.; the goods of Thomas Idle.
THOMAS IDLE . I live in Bell-street, Vincent-square. On the 28th of June I went out at two o'clock in the morning—I returned at four o'clock, and these articles were all sage then in the wash-house—I went to bed, and when I got up in the morning they were all gone—these are the articles——(examining them)—some were in a basket, and some on the copper.
MARY IDLE . I am the prosecutor's wife. I was called up by the policeman that morning, and missed all these things from the wash-house—it had not been locked—it was merely latched—ours is a corner house.
THOMAS LINSCOTT . I am a wheelwright. On the 28th of June I was going out in the morning to my employ, about six o'clock, and saw the two prisoners at the corner of the court, by the side of the prosecutor's house—Palmer went down the court, he was there about ten minutes, and came up with a bundle, which he put into Bennett's lap—she was there waiting—I went in search of a policeman, and he took Bennett.
Bennett's Defence. I was met by two men, who asked me to carry a bundle—I refused to do so—one of them threatened to strike me if I did not—I then consented—I met the policeman, who asked what I had got—I said I did not know—he told me to go with him—this young man is perfectly innocent.
Palmer. I never saw this young woman till I was taken.
BENNETT— GUILTY .* Aged 19.
PALMER— GUILTY . Aged 30.
Transported for Seven Years.
ANN TRILLEY . I am the wife of John Trilley, and live in Finsbury-market. We let the prisoner a workshop three months ago, at half-a-crown a week—he went away without notice—he owed us 5s.—I missed these articles—I had missed the oil-stone before he went—my husband had not lent it him—it was in a drawer, and had not been in use—I have not seen the coat since—on the Saturday before he left on the Monday morning I had put it on his bed, because I had not another blanket.
Prisoner's Defence. I bought the hammer, and the mallet he gave me.
NOT GUILTY .
WILLIAM WILKINSON . I live in Davies-street, Berkeley-square. The prisoner was employed by me on the 22nd of May to repair a pair of trowsers—I am a tailor—while he was there I gave my daughter a bag, containing four sovereigns, six shillings, and a sixpence, to take care of it till I came up stairs—she is fourteen years old—I told her what the bag contained—I was down about live or six minutes, and when I came up the prisoner was gone—he had finished his job, but I had not paid him 6d. for it—I have not seen the bag or money since.
MARY WILKINSON . I am the prosecutor's daughter. He gave me a bag to take care of—it contained four sovereigns, six shillings, and sixpence—I put it on the table, where I was washing the breakfast things—the prisoner was in the room—he called another young man, and made use of a bad expression, because the young man wanted to wash himself before he went—the other young man was in the room when the prisoner was there—when the prisoner left I looked round and missed the bag.
Prisoner. Her father and a man of the name of Dorsey were drinking together. Witness. No—I am sure the money was on the table after Mr. Dorsey left.
GEORGE WILKINSON . I saw the bag put on the table by my sister—I went up stairs a few minutes after the prisoner did, and I saw him with it in his hand—I asked him for it, and he said he was going to take it to my father to pay him the sixpence.
ANN DAVEY . My husband is a tailor. The prisoner came out of the prosecutor's room up to my room, and asked a young woman there if she would go to the fair—she said "No"—George Wilkinson came up and knocked at my door, and said, "Francis, give me my father's bag"—the prisoner said, "I am going to take it down to your father, to give me the sixpence"—he then went away.
Prisoner's Defence. I never had it in my hand.
GUILTY . Aged 21.— Confined Six Months.
JOSEPH TANSLEY . I am in the service of Charles James Morris and another, ironmongers, at the corner of Parliament-street—on the 4th of July I was in the shop serving a boy named Hogan—Friend and Baverstock came in—they were not in the shop two minutes, and when they left I missed a fish-knife—I ran out, and they had then overtaken Riley, who was about two hundred yards from the house—I overtook them—Riley started off, and ran—I left Friend and Baverstock in charge of Hooker—I pursued and caught Riley—this fish-knife was found in Friend's pocket when he was brought back.
FRIEND— GUILTY . Aged 12.
RILEY— GUILTY . Aged 12.
BAVERSTOCK— GUILTY . Aged 13.
Confined Three Months.
2095. MARY WALLER was indicted for stealing, on the 6th July, 2 gowns, value 15s.; 1 brooch, value 10s.; 1 veil, value 4s.; 1 cape, value 5s.; 1 handkerchief, value 1s.; 2 caps, value 1s.; 1 waistband, value 1s.; 1 night-gown, value 2s.; and 1 towel, value 1s.; the goods of Elizabeth Ann Davis.
ELIZABETH ANN DAVIS . I am single, and live in Bateman-buildings, Soho. The prisoner lodged and slept with me for one week—on Saturday evening, the 6th of July, she went away between nine and ten o'clock, and said she was going to spend the following day with her aunt—when I went up stairs to bed I missed the articles stated—I expected her to return on the Monday, but she did not come till she was brought to me by one of the lodgers—I asked her How she came to take the things from me—she said she had not taken any, but afterwards said she had taken them, and sold one of the dresses in James-street, Covent-garden, and the rest were in her box—we found the dress in James-street, but it is all picked to pieces.
BENJAMIN RICHARD MURRAY . I keep a shop in James-street. I purchased a cape and this gown of the prisoner on Saturday night, the 6th of July, about ten o'clock—the cape I sold again—the gown I picked to pieces, as it was very old—I gave it to the policeman.
JESSE PICTON (police-constable T 98.) I took the prisoner to the station-house—she said she had sold one gown and one cape in James-street—I went to where she had taken her box, and found the other articles in it.
GUILTY .— Confined Three Months.
2096. HARRIET SIMPSON was indicted for stealing, on the 3rd of July, 2 lbs. weight of bacon, value 1s. 6d., the goods of Alfred Clarke; 1 jug, value 3d., the goods of Philip Stoneham; 1lb. weight of bread, value 2d., the goods of Edward Lewis; 1/2 lb. weight of butter, value 2d., and 1 saucer, value 2d., the goods of Arthur Buck: and 1 apron, value 2d., the goods of Ann Smith. 2nd COUNT, stating them to be the goods of Thomas Gregg.
LETITIA GREGG . I am the wife of Thomas Gregg, and live in Tottenham-street, we have a good many lodgers. A little before eight o'clock in the morning of the 3rd of July, I saw the prisoner at the back-door leading to the yard—she was a stranger—she was stooping down as if picking up something—she had an apron on, which appeared full of something—she then went up the kitchen stairs before me, turned and went up the stairs—I sent a little girl to see after her—she went out—I called my husband, and the prisoner was brought back—I found Alfred Clarke's bacon, and the other things of the other persons, in the apron of Ann Smith—there was no property of mine, but it was all in my safe, and the lodgers say I must be answerable—I knew the property and I knew the apron—the prisoner said some one gave them to her.
Prisoner's Defence. I was not near the house—a female, named Barns, gave them to me, at the corner of John-street, and told me she would be there in two or three minutes.
GUILTY . Aged 29.— Confined One Month.
JAMES BISHOP . I live in Cromer-street. The prisoner lodged in my front parlour for seven weeks—I missed several articles—amongst the rest, a watch-chain, two seals, and two keys, last Thursday afternoon, from the front kitchen—I gave the prisoner in charge.
GUILTY. Aged 21.—Recommended to mercy by the Prosecutor.
Confined Six Months.
(There was another indictment against the prisoner.)
SUSAN WILLIS . I am the wife of Lewis Willis. We live at Brentford—the prisoner came to my house last Monday or Tuesday—she has been in the habit of minding my children—when she was gone, I missed the print and frock—I missed the table-cloth last night—this is my print and frock—(examining them.)
GUILTY . Aged 30.— Confined One Month.
RICHARD DOYLE. I am shopman to Mr. Robert Richardson, of Judd-street,
shoemaker. Yesterday morning the prisoner came to the house, and took these boots from outside—I received information, and ran after her up the New-road—she had got about forty yards—I saw her throw these boots into a garden—they are my master's—she stopped when I came up to her.
GUILTY .* Aged 27.— Transported for Seven Years.
OLD COURT.—Thursday, July 11th, 1839.
Second Jury, before Mr. Justice Patteson.
2100. FREDERICK SYRETT and WILLIAM BLAKE were indicted for stealing, on the 2nd of June, at St. George, Hanover-square, 505 yards of lace, value 112l.; 30 lappets, value 32l.; 14 veils, value 20l.; 12 sleeves, value 8l.; 18 spoons, value 6l.; 1 pair of sugar tongs, value 1l.; 3 studs, value 16s.; 1 watch, value 4l.; 2 coats, value 3l.; 1 cravat, value 6s.; 1 waistcoat, value 12s.; 1 pair of trowsers, value 15s.; 2 pencil cases, value 12l.; 2 knives, value 2s.; 1 pair of spoons, value 4s.; 1 head ornament, value 30l.; 1 bracelet, value 20l.; 2 brooches, value 60l.; 1 opera-glass, value 2l. 10s.; 1 purse, value 5s.; 23 sovereigns, 10 half-sovereigns, 100 shillings, 16 sixpences, 1 £40 Bank-notet, 5 £10 Bank-notes, and 6 £5 Bank-notes; the goods and monies of Jean Baptiste Reynauld, the master of the said Frederick Syrett, in his dwelling-house: and ROBERT AGAR , for feloniously receiving the same, well knowing them to have been stolen; against the statute, &c. 2nd COUNT against Agar, for harbouring the said prisoners, knowing them to have committed the said felony.
MR. CLARKSON conducted the Prosecution.
JEAN BATISTE REYNAULD . I am a silk mercer, and live in Bond-street, in the parish of St. George, Hanover-square. The prisoner Syrett was in my service, and had been so for two months and a half—he was allowed to go out every other Sunday—he went out on the 2nd of June, at half-past nine o'clock in the morning—I remained at home till a quarter to four o'clock, and then went out, leaving my maid-servant, Ann Kelly, in the house—my place and property were then all secure—I locked the door myself—I came home about a quarter past five o'clock—the servant opened the door, and gave me information—I went up to my bed-room, and found a great many clothes on the ground—they had been disturbed from my cupboard—the table-drawer was half open—I then went to the dining-room, and found on the ground some of my clothes, which were brought from the bed-room cupboard—when I left, the chiffonier in the dining-room was locked—I found the lock forced, and I missed from a little box in it eighteen silver-gilt tea-spoons and a pair of sugar-tongs—I went from there to the warehouse, and found the door-post had been broken—the door was shut—I had left it ail sound—the lock had been forced—I went to my cash-box, and found it in the warehouse—I found the lock broken open, and I missed 120l. in notes, twenty-eight sovereigns, a half-sovereign, 5l. 8s. in silver, two silver brooches, one bracelet, and one head ornament, set with pearls—I examined the stores in the warehouse, and missed thirty-eight pieces of lace, fourteen chantilla veils, thirty-three blonde lappets, an embroidered shawl, and a muslin pelerine—I missed a
gold repeating watch from my bed-room, also three gold studs, a silver repeating watch, and a silver pencil-case; two coats, a waistcoat, a pair of black trowser, and a black satin waistcoat—one of the coats was a black frock one, and the other a M'lntosh—I also missed several cravats and other things—on the following Sunday I saw two black veils, one white blonde lappet, three white veils, one piece of black lace, and other articles—I found my black trowsers on Syrett—he was wearing them—there was a suit of clothes left behind, not belonging to me.
EDWARD LANGLEY (police-constable A 11.) In consequence of information, I accompanied Collyer, my brother officer, to No. 15, New-street, Vauxhall, on Sunday the 9th, about nine o'clock in the morning—Collyer shoved the front parlour-window up, and went in—I followed him, without knocking at the door—we had placed people round the house to prevent an escape—I went up stairs to the front room, first floor, and Agar was the first person I saw—he was in that room—I have known him about six or eight months—I told him he must consider himself in my custody—he seemed surprised, and wanted to know what it was for—I told him for the robbery in Bond-street—he said he knew nothing about it—I commenced searching the room—there was a bed and bedstead in the room—I found on a chair sixty-eight sovereigns and a half tied up in a handkerchief—as soon as I took it up Agar said, "There are sixty-nine sovereigns there—it is my property"—he said he would or he could let me know about them—he was the only person there—I left him in custody of a brother officer, and went down into the parlour where I had at first entered—there was a bed in that room, and under the bed I found some black lace veils in a box, some black and white lace, a shawl, and two silver pencil-cases—Collyer came down stairs, and took a M'lntosh coat off the bed—I then went to the first-floor back room, and found a great quantity of house-breaking implements in a portmanteau.
GEORGE COLLYER (police-Constable E 38.) On the 9th of June I went to this house in New-street—I got in first, and found the prisoner Blake on the top of the landing on the first floor—I told him I wanted him for the robbery committed at Mr. Reynauld's, in Bond-street—be said he knew nothing of it—I took him into the left-hand front room to search him, and there I apprehended the prisoner Syrett—I found some lucifer-matches on Blake, which are used by house-breakers—I took Syrett into custody, and found on him a satin waistcoat (he was wearing it) 5l. in gold, and 4s. 3 3/4 d.—the prosecutor claimed the waistcoat—I asked Syrett whose the things were in the room where I found him—he said they were all his—I found in that room this piece of shot silk and this shirt—I took a pair of trowsers off his person at the police-station, and the prosecutor identified them—I asked Syrett what he had done with the M'lntosh—he said it was down stairs, hanging across the bedstead in the parlour—I left him in charge, went down into the parlour, and found it on the bedstead in the room, Langley was in—I took it up stairs to Syrett, and he said, "That is it—it is mine"—we took them to the station-house—I had a small crow-bar delivered to me there—it had been left on the prosecutor's premises—when I was at Queen-square office I heard Agar say he had won the money, or some money—he was in the lobby, talking to Blake.
Cross-examined by MR. PHILLIPS. Q. He may have said, he had won, the money? A. He might—I had been to Hampton races, 10 consequence of information, and saw Agar there—there are plenty of booths there where
money is played for—I found Blake on the landing, against Agar's door.
ANN NORAH KELLY . I am servant to Mr. Reynauld. On Sunday morning, the 2nd of June, I saw Syrett get the keys—he slept in the house—about six o'clock in the morning I saw him—he knocked for me at my bed-room—I got up, and about eight o'clock I saw him again—he did not say any thing then—I went down to clean the magazine that morning, and found it open—it ought to have been open—Syrett left the house about nine o'clock that morning—about half-past three o'clock in the afternoon two gentlemen, Mr. Elsmere and Mr. Bates, came to the house—they went with the prosecutor to the magazine, and while they were there Syrett rang at the bell—I let him in—he said, did Mr. Reynauld see him—I said I believed Mr. Reynauld had not seen him—the two gentlemen went away with Mr. Reynauld—I went down into the kitchen—Syrett came down, and told me it was a beautiful day, and it would do me good to go out—I told him I had no friends to go to but a person in Chelsea, and that was too far—he told me I might go to his mother's for his coat—I went out to the Park-gates—Syrett said he had two old friends coming to the house, and he had something to say to them very particular, and I might go out—I said I was so tired I did not want to go but I went out, leaving him there—he told me not to stop more than three quarters of an hour—I then returned, and found the house robbed—he was gone, and there was nobody in the house.
MARY BARKER . I am the wife of John Barker, of Wycombe-street, Vauxhall; I know Agar and Syrett. On Friday afternoon, the 7th of June, Syrett called on me about four o'clock—I did not know him before—he told me his name was Edgar, and asked me to let him see the house, 15, New-street, which was to let—I went with him for that purpose—he said he would take the house—he came home with me, and wrote his address—the officers have that address—he wanted to go to the house that evening, saying be had two friends coming with their wives from the country—I agreed to let him have the house, and he was to come in that evening—about eight o'clock the same evening, I saw a van pass down the street; as it passed my door Agar called for the key—I gave it to him, followed him to the house, and saw him let himself in—about an hour after somebody came to borrow a bed wrench—I think it was Syrett, but I had no light.
ELIZABETH GIBBS . I am single, and live in New Bond-street, opposite the prosecutor. On Sunday, the 2nd of June, between three and four o'clock in the afternoon, I saw two gentlemen go into the prosecutor's house—I afterwards saw them come out and go away—after that I saw somebody go—in appearance, size, figure, and height, it was Blake—I merely saw his face, but not to speak positively to it—about three quarters of an hour afterwards I saw Kelly ring at the bell, and after staying some time he went in.
Cross-examined. Q. Was it a servant let him in? A. I do not know who let him in—I saw the servant let the gentlemen in, but not the boy—it was after the gentlemen went out that the boy was let in.
took down in writing—I believe they were not read over to them—they were not considered of importance—they did not sign their names to them—I heard what they stated, and took it down correctly from the prisoners' mouths—this is the Magistrate's signature, and this is my own hand-writing—Syrett said, "The two men know nothing of this affair—I took a house over in Vauxhall—Agar was only my lodger, and Blake called on Sunday, the 9th of June—he knocked at the door, I went down and answered it, and asked who he wanted—he said Agar—I sent Agar down to him—he had been in the house about an hour when the officer came—he was a perfect stranger to me—he was up stairs when the officer came—the man is innocent as far as I know"—Agar said, "I am quite innocent of the charge"—Blake said, "I am perfectly innocent of the affair—I only called on Agar when I was taken into custody—Syrett is a perfect stranger to me—I was at work at the time for my father, at the West India Docks."
SYRETT— GUILTY . Aged 18.— Transported for Fifteen Years.
AGAR— GUILTY . Aged 23.— Transported for Fourteen Years.
BLAKE— NOT GUILTY .
2101. JOHN FREDERICK JORDAN was indicted for unlawfully, maliciously, and feloniously assaulting Mary Jordan, on the 1st of June, and stabbing, cutting, and wounding her upon her back and right side of her neck and face, with intent to kill and murder her. 2nd COUNT, Stating his intent to be to maim and disable her. 3rd COUNT. TO do her some grievous bodily harm.
MR. BODKIN conducted the Prosecution.
MARY JORDAN . I live in Charles-street, Whitechapel. The prisoner is my husband—we have been married about twelve months last February—he is a Hanoverian—I have lately had some property left me by my father—nothing particular had taken place about it between me and my husband—shortly before this occurred, he did wish it to be made over to him, and I said he might have it—on the morning of the 1st of June, he was out running about, from between three and four o'clock—he returned about nine o'clock in the morning by himself, and went away again—I found him at Wapping-wall, and brought him home about eleven o'clock in the morning—I took him to the doctor's and had him cupped, then took him home and put him to bed—this was between eleven and twelve o'clock—I had him cupped, as I thought it would do him good—he complained of his head very much—he appeared very quiet and composed, as I supposed, after the cupping—he asked me for something to drink—I gave him some—he got up and went down stairs, but I got him up again—he sat down on the bed, and asked for something to drink—I gave him some—I thought he was going out again, and I got up to fasten the door of the room, upon which he took a knife out of his pocket and stabbed me in the face and neck—it was a little clasp knife—it was not open when he pulled it out—he opened it—it took the use of my limbs completely away—I fell, and when I was down he cut me in the neck and face—I was not struck at all that I know of—Mr. Stanley came in, and I was taken to the hospital—he never said a word while he was doing this, that I heard—I had not had any quarrel or difference with him since last January—I was in the hospital five weeks.
Cross-examined by MR. PHILLIPS. Q. Did he not appear very distracted
in his head for two or three days before? A. I Yes, very distracted—he had always been kind and attentive to me before.
JAMES JOSEPH STANLEY . I am a baker, and live in Charles-street; the prisoner and his wife are tenants of mine. On the 1st of June, in consequence of what I heard, I went to their lodgings—I found that a man in my employ named John Watts had got there before me—I forced the door open with the assistance of Mr. Richardson—when I got into the room I stepped over something, which I suppose was the female lying on the ground, but my attention was called to the prisoner sitting on the bed—he had previously cut his own throat—I saw a deal of blood about his throat, and he had a knife in his hand, which he held about two inches from the wound, and as I advanced towards him he commenced cutting his throat again—as I got closer to him his arms fell, and the knife fell from his hand—I picked it up and produce it—it is a small pocket knife—I afterwards saw his wife on the floor, and blood had been flowing from her throat and neck—they were both taken to the hospital—three or four days before this, I was present when some conversation passed between them about her making over the property to him, which she had said she would do.
STEPHEN HENRY WARD . I am a medical student at the London Hospital. On the 1st of June I was there as house-surgeon—the prisoner was brought in first—I examined his throat—there was a cut just below the chin, an inch and a half or two inches in length, dividing only the skin, and not dangerous—I found no other cut about him—he was very soon the better of that—he was in a state of very great excitement, which myself and the surgeons supposed to be caused by passion aggravated by liquor—he exclaimed, "My wife, my beautiful wife"—he was very violent the whole day, screaming and crying the greater part of the day—we were obliged to put on a strait-waistcoat—he remained in the hospital, rather more than a fortnight—he continued in that state about three days—it then went off of itself—he had no more than one dose of opium, which was administered immediately on his coming in, and it was repeated at night—he had two doses—that was all the medical treatment to which he was subjected—we did not take any blood from him—he was very quiet during the other portion of the fortnight, with the exception of one evening, when some friends of his wife came and told him he would be transported, or something of that sort, and then he assumed the same state of excitement as when he first came in—it only continued that evening—he was in the hospital about a week after that, I think, and was tranquil during that time—his wife was brought in about twenty minutes after him—I found on her six stabs, one on the upper part of the chin, two by the side of the ear, and three on the back of the neck—I found paralysis of the lower extremities, and partial paralysis of the upper—I supposed that to be produced by a blow on the spine—the two wounds by the ear were dangerous—she is still suffering under paralysis, but is out of danger—she was under my care five weeks.
Cross-examined. Q. What did you keep the man in the hospital a fortnight for? A. For debility and weakness—he was in a weak state when he was brought in—I do not know what it arose from—the cut was not cured for eight days—it is difficult to cure cuts in that position, from the motion of the head—he did not tear open the wound—a policeman sat up with him constantly, and a nurse was in the same ward—the policeman did not sit up to take care of him, he was in custody—there
were several policemen—they changed and relieved each other—I never beard from the policeman that he had attempted to open his wound several times—I thought it was excitement—I did not know whether he was dissembling or not—he had not the symptoms of insanity about him—I kept the strait-waistcoat on him two nights, I think—that was because ha, was violent—insane persons are often violent—if I had been told he had tried several times in the night to open his wound, I should have considered that a reason for putting the strait-waistcoat on him—I gave him nothing but two doses of opium, and a small dose of opening medicine—that was all he had—he was kept on low diet for a day or two, and then on full diet—I heard when he came in, that he had been cupped in the morning.
JOSEPH FISHWICK (police-constable H 27.) I went to the prisoner's lodging—I found the prosecutrix on the floor—the prisoner was there—I asked him why he did this—he said, "I did it myself, policeman, we have both consented to die together"—he was trying to open the wound, which I endeavoured to prevent, and he bit me on the arm—he bit through my coat—he said it was all very well while he worked for her, but when she had had a little money left her, she despised him—that he had done it that no other might have her—I saw him again that afternoon at the hospital, and he said he wished he could get a cut or two more at her, but he had lost his knife—he said, if they would give him 12l. besides what he had, he would leave this country, and go to Germany, for he would not be hanged, he would be tried by the Hanoverian law—I helped to put the strait-waistcoat on him—he was very violent then—I continued there with him till half-past nine o'clock at night—he was very violent most of that time—another policeman then took my place, and I did not see him afterwards—when in the hospital he made an attempt to enlarge the wound in his throat once—that was when the strait-waistcoat was on him—he struggled, and got his hands adrift—he was prevented from putting his hands to his throat—he said, "Oh, my lovely wife, I have not been the death of her."
Cross-examined. Q. Did he not try at different times to open the wound in his throat? A. Yes; once in the room when I went to take him, and once in the hospital—he sometimes asked very kindly after his wife, and at other times said he was sorry he had not another cut at her—he told me that the doctors had given him poison—he was not cutting his throat at the time he bit me—he was not very violent then—he only tore my coat—he said there were other persons he intended to do for if they gave him the least chance—he had the strait-waistcoat on when I left him.
MR. PHILLIPS called
GEORGE HARTSHORN . I know the prisoner—I remember seeing him on the Thursday before this unfortunate occurrence—he came to my house, and laid his head on the counter, crying, "My head, my head, I shall go mad, I shall go mad"—his forehead and head were as if he had taken it out of a pail of boiling water, smoking with perspiration, and the perspiration was dropping on the floor quite in a pool—I took him into my sitting-room—he said he had been to the trustees about his money, and he would have nothing more to do with it—he begged of me several times to take care of his wife, for he must die, he must die—he said he must drown—next day he came to my house in a cab, and wanted me to go to the Bank to put a distringas on his stock, for he had been there before
that morning, and could make no one hear him—he said his pocket had been picked, and the copy of his wife's deed stolen—he said he was sure my own father had died worth 60, 000l.—there is not the least foundation for that—I am married, and have a brother-in-law named Anthony—he said my brother Anthony wanted to get possession of the whole 60, 000l.—he said it was a very good thing he had lost the copy of the deed out of his pocket, for nobody could touch the money but himself—I gave him some coffee, to keep him quiet, as he was singing and laughing, and making horrible accents—he did not appear at all to know what he was doing.
NOT GUILTY, being Insane.
Before Mr. Recorder.
2102. WILLIAM BATEMAN was indicted for burglariously breaking and entering the dwelling-house of William Nunn, about the hour of four in the night of the 29th of June, with intent to steal, and stealing therein, 1 coat, value 2l.; 1 waistcoat, value 4s.; 1 pair of shoes, value 3s.; 1 timepiece, value 10s.; 1 pair of spectacles, value 10s.; and four paintings and frames, value 12s.; his goods: 1 pair of trowsers, value 18s.; 1 watch, value 1l.; 1 shirt, value 2s.; 1 waistcoat, value 1s.; 2 handkerchiefs, value 18d.; 1 stocking, value 6d.; and 4 pence in copper; the goods and monies of William Ross.
MR. HORRY conducted the Prosecution.
WILLIAM NUNN . I am a greengrocer, and live in Church-street, Bethnalgreen—I occupy the whole house. On Saturday night, the 29th of June, about one o'clock, I saw the house all shut up and secure—I went to bed at half-past one o'clock—I was alarmed by a policeman about ten minutes after five o'clock, and found the parlour window open, even with the shop, the drawers open, every thing turned out, and a table full of things ready to be carried away—I missed the articles stated—I called my man, Ross, who slept under the counter—this is my coat and waistcoat which were missing—(looking at them)—a pane of glass was cut out of the window—there are no shutters to it.
Cross-examined by MR. PHILLIPS. Q. Do you know a friend named Ayres? A. He is no friend of mine, nor of Ross, that I know of—he never slept in my house, to my knowledge—he was apprenticed next door to me—I have been told he was in custody—he has been away twenty months.
WILLIAM ROSS . I am the prosecutor's servant, and slept under the counter. On the 29th of June I went to bed about half-past one o'clock—the house was secure—I was awoke about half-past five o'clock—I found the back-parlour window wide open, sufficient to admit a man through—a pane of glass was broken—I lost a watch from the counter over my head, and a waistcoat and trowsers, and other things, from the show-board—these are the waistcoat and trowsers—(looking at them)—the shirt and stockings were taken from the parlour.
Cross-examined. Q. Who showed you the waistcoat and trowsers? A. The policeman—they were in the bundle—I have since seen my watch in pawn, in Charlotte-street, Fitzroy-square—it is not here—I have to appear about that next Tuesday—William Ayres is in custody about the watch—he was apprenticed next door to us—I only know him by that—he is not an intimate acquaintance", only going out with him on Sunday afternoon sometimes merely to take a walk—I never went to a public-house
with him, and never saw him in bad company—I have been with him to fetch his master's beer—I have drank with him sometimes—never on week days, only on Sunday afternoons—he has not slept in our home at all—I do not know How long he has left his master—the duplicate of my watch was found on him—I do not know any thing of the prisoner—I never saw him with Ayres—I sometimes met Ayres by appointment, to go out.
DANIEL BATCHELOR . I am a confectioner, and live three doors from the prosecutor. On Sunday morning, the 30th of June, about five o'clock, I got up, and looked out of my back window, and saw a man lying on the tiles of a bakehouse, looking over the wall into Edward-street—it was the prisoner, I am certain—I gave a full description of his dress and features to the policeman—when I opened the door he was three or four yards from me—I saw his face—I got a side view of him—I hallooed out, "What do you want there?"—he turned round and looked me full in the face, then got up, ran across the tiles, jumped into a neighbour's yard, and I lost sight of him—I got out on the tiles, and took a bundle which be had left there—it was lying by the side of him when he was lying down—he was dressed in a light moleskin dress, double-breasted waistcoat buttoned close up, a dark hat with a very narrow brim, and a sort of red handkerchief, but you could see very little of that, the waistcoat being buttoned up close—it was the same dress as he has on now, and that is the description I gave to the policeman—I called Alderman, and gave him the bundle—I let him in, told him the way the prisoner had gone, and he got out of window, and went in that direction.
Cross-examined. Q. Did the person on the tiles look at yon for an instant, and then go off? A. Yes—I only saw one person—I do not know Ayres at all—I never saw the prisoner before—I was a little alarmed at seeing him on the tiles—it was a very fine morning, and had been a fine night—there had been no rain, to my knowledge—Ellis's yard is between ours and Hamilton's—he ran across our tiles, across Ellis's, and jumped into Hamilton's—I never said I could not swear to the man—I said I did Dot like to swear, as I had never taken an oath.
MR. HORRY. Q. Did you have a sufficient view of him, to speak to him with certainty? A. I did.
WILLIAM ALDERMAN . I am a policeman. I was on duty in the neighbourhood of Church-street on the 30th of June, and was alarmed by Batchelor's cry—I went into his house—he said, "A man has run across our tiles, and left a bundle on the tiles"—I got out of window, and went in the direction he said the person bad gone, but saw nothing of him—I came to the back of Nunn's house, and found the square of glass out, the window open, and the fastening removed.
WILLIAM ROWLAND . I am a policeman. I apprehended the prisoner about half-past one o'clock in the day, on Sunday, at a house in Church-street, about two hundred yards from the prosecutor's—I told him it was for a robbery at Mr. Nunn's, the greengrocer, in Bethnal-green-road—he said he knew nothing about it, for he was at home and in bed at half-past two o'clock, until nine o'clock next morning—I took off his boots, and found footsteps in the garden mould behind the prosecutor's house—I made an impression with the boots by the side of the mark, and compared it, and it corresponded—I afterwards fitted it into the mark, and found it correspond—I took this hat off his head at Worship-streets.
Cross-examined. Q. Are they not ordinary shoes worn by common people? A. Yes, such as hundreds of bricklayers wear—there is no peculiarity about them—they were rights and lefts—there were impressions of both feet, but there was only one sufficiently perfect for me to speak to, that was the right foot—it was exactly the length and size of the heel—the impression I made was not quite so perfect, the weight not being so strong as if a person was in it—I believe the impression I found there was made by the same shoe.
JURY. Q. I What led you to apprehend the prisoner? A. I received a description of a person having a moleskin jacket very white on, a double-breasted waistcoat, and small hat, and being a very full-faced young man—I knew him about the neighbourhood—it is not the nearest way from the back of Batchelor's house to the prisoner's to go by Hamilton's—he could go over the wall into Edward-street, but there was a cry of "police" in that direction—I found another lad about his own age, a young man, and two girls, in the house where I apprehended him—it was not at his father's house, but at a friend's—his father lives about a hundred yards further off in the same street—I knew him by sight before—I never saw him at work—I have lived in that neighbourhood some years.
TIMOTHY TOOMEY . I am a policeman. I was with Rowland when the prisoner was apprehended—he asked what he was wanted for—we told him the robbery at Nunn's, and being seen on the tiles of the bake-house—he said he knew nothing about it; he was at home from half-past two o'clock till nine o'clock that morning—I heard his defence before the Magistrate, and two young bricklayers were called as his witnesses.
(Property produced and sworn to.)
NOT GUILTY .
NEW COURT.—Thursday, July 11th, 1839.
Fifth Jury, before Mr. Common Sergeant.
2103. WILLIAM FISHER CORDEROY was indicted for stealing, on the 6th of July, 1 crown, 1 half-crown, 6 shillings, and 1 sixpence, the monies of Charles James Thomas, from his person; to which he pleaded
GUILTY .— Confined Three Months.
MR. PAYNE conducted the Prosecution.
BENJAMIN CLARKE . I am a printer, in partnership with Elizabeth and George Clarke. About the 18th of June we missed about twenty-two quires and a half of Columbia paper from our wetting-room—I had seen it safe on the 11th of June—on the 19th the officer produced some paper, which I knew immediately—this is it.
Cross-examined by MR. PHILLIPS. Q. I Had you much of this description? A. About thirteen reams—I know it by its peculiar size and texture—I cannot tell who is the manufacturer, nor How many reams of it have been made—it was made for a particular work which I was printing—very few persons use this size, but there may be hundreds of ream of it made.
JOHN GYLES HALES . I am in the service of Mr. Harris, a pawnbroker, in Old-street, St. Luke's—on the 18th of June the prisoner brought a ream of paper, which he described as the royal paper, weighing 25 or 26 lbs.—he said his name was "Johnson," that he was a printer, and lived at 21, Paul-street—I suspected, and offered to accompany him to his house—when we got out he turned a contrary way, and said he lived in Yardley-street, and had bought the paper of Mr. Hall, of the firm of Wooley and Sabine, and had had it three months—I gave the paper to the officer.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
SAMUEL FAWCETT . I live in Worship-street, Shoreditch, and am a printer—on the 14th of June I missed a composing-stick—it was produced to me again in about a fortnight—I knew it again immediately—the prisoner had called at my place about posting-bills a day or two before—I think he is the man—this is my stick.
Cross-examined by MR. PHILLIPS. Q. You will not sweat positively to the person of the prisoner? A. No—I had bail this stick fifteen years at least—they are used in the, trade generally—I know it by this crack on the back of it, and by this screw.
GUILTY . Aged— Transported for seven Years.
2106. JAMES DAVIS was again indicted for stealing, on the 22nd of March, 1 coat, value 3l.; 1 waistcoat, value 5s.; 1 pencil-case, value 10s.; 1 handkerchief, value 10s.; and 1 knife, value 2s.; the goods of George Skipper.
GEORGE SKIPPER . I am in the employ of Mr. Hansard, a printer—on the 22nd of March I hung up, behind the reading-room door, a rifle-green coat and a waistcoat—there was a handkerchief and a pocket-book in the coat-pocket, and a silver pencil-case in the waistcoat—I saw them safe at five o'clock in the evening, and missed them at eight o'clock—this is my coat—it is worth about 3l.—this is ray handkerchief, and knife, and pencil-case—the waistcoat has not been found.
FRANCIS HORATIO BEAMS . I am a reading-boy in the service of Mr. Hansard, of Paternoster-row—about half-past seven o'clock in the evening, on the 22nd of March, I was going down stairs, and saw the prisoner going up the second flight, by the side of the reading room—he was putting his hand on the handle to go into the governor's room—I said, "Who do you want?"—he said, "The overseer"—I said, "You must come into this room"—I opened the reading-room door—I went and told Mr. Skipper, the overseer, who was then washing his hands—I was not absent more than two or three minutes—when I came back the reading-room was open, and the prisoner gone—in about twenty minutes I heard that the prosecutor had lost his clothes.
(Property produced and sworn to.)
GUILTY .— Transported for Seven Years longer.
(There were seven other indictments against the prisoner.)
WILLIAM OLIVER . I am a timber-merchant, and live in Hamilton-place, King's Cross—Turner and East worked for me—I had a great quantity of timber in my yard—I saw it safe when I left town about a fortnight before the 5th of July—when I came home I missed six pieces—one of them is here—the timber is mine—I asked Turner and East where they took those six deals to on the Friday evening—they said they had only taken two, and part of another—I then went to Anderson with my brother, and accused him of buying my deals—he said he had had these deals by him for two years—I asked him where they had been, he said, "At a friend's house in Greenhill's Rents"—I said, "If you will tell me the whole truth, I will not prosecute you"—he then said, they were my deals, and willingly gave them me back—some were on his premises, and some he fetched from a timber-yard.
THOMAS OLIVER . I am the prosecutor's brother. On the 5th of July I was in Bagnigge Wells-road—Turner and East passed me with a truck of deals—I suspected they belonged to my brother, who was from town—he arrived about an hour after, and I told him—he made some inquiries, and went to Anderson and found the deals.
Cross-examined by MR. PRENDERGAST. Q. you did, in fact, make Anderson a witness? A. Yes—I think it was quite a mistake that he was committed—it was never intended—it was expressly promised him he should not be prosecuted.
Cross-examined by MR. PAYNE. Q. How do you know that the deals you saw in the truck, were what were found at Anderson's? A. I cannot know that.
COURT. Q. Do you believe that those found were the same? A. I have not a shadow of a doubt of it.
EMMA GREEN . I am in the service of Mr. Oliver. On the 5th of July, at half-past twelve o'clock, I was at the stair-case window—I saw Turner there, and I saw Anderson take a board from the further saw-pit.
Cross-examined by MR. PRENDERGAST. Q. Does not the further saw-pit belong to Mr. Ecket? A. Yes.
Cross-examined by MR. PAYNE. Q. What did you see? A. I saw Turner, the sawyer, take two deals from the yard, put them through the palings, get over, and lay them in the street—the gate was not open then—there were buildings going on near that that my master was engaged about.
(The prisoners received good characters.) TURNER— GUILTY. Aged 43.—Recommended to mercy. — Confined Six Months. EAST— GUILTY. Aged 28.—Recommended to mercy. — Confined Three Months.
ANDERSON— NOT GUILTY .
MICHAEL STRINGER . I am a baker, and live in St. Andrew's-row, Newington. The prisoner was my journeyman—it was his duty to receive money and pay it to me the same day—if he received this 12s. on the 30th of March, he has not paid it to me—he went away that day, and I never saw him again till yesterday morning.
Prisoner. My master never paid me my wages regularly—it went off week after week.
MICHAEL STRINGER re-examined. I do not owe him a farthing—I took him in through charity—I always paid him 5s. a week, and boarded and washed for him—he did not have his 5s. for that week—he, owes me money beside.
GUILTY .— Transported for Seven Years.
2109. JOHN BAYLIS was indicted for stealing, on the 10th of July, 1 watch, value 2l.; 1 watch chain, value 2s.; 1 watch key, value 2d.; 1 coat, value 1l.; 2 waistcoats, value 18s.; 1 pair of boots, value 8s.; and 1 pair of trowsers, value 4s.; the goods of William Wentworth.
WILLIAM WENTWORTH . I live in the parish of St. George-the-Martyr. Between four and five o'clock yesterday morning, my wife awoke me, and I heard some one going down stairs out of the room—I had left the articles mentioned in the room—I got up, ran down, and found the clothes on the stairs—I looked about, but could not find any person—in half an hour, I looked up the kitchen chimney, and found the prisoner there without his shoes—I pulled him down—I did not find any thing on him—the clothes were on the stair-case, with a pair of shoes, which I believe belonged to the prisoner—his hat I found under my bed.
Prisoner's Defence. I was ill and distressed—I have not been long out of the London Hospital.
GUILTY.—Recommended to mercy.— Confined Three Months;
2110. MARY KENDRICK was indicted for stealing, on the 30th of June, I watch, value 4l. 1 watch-guard, value 1s.; 5 sovereigns, 2 half-crowns, and 10 shillings; the goods and monies of Thomas Hughes, in the dwelling-house of Sarah Taylor.
passing through Westminster I was accosted by the prisoner—I had drank some wine, and was weak enough to go with her to a house leading from Tothill-street—I undressed and went to bed—in a short time she made an excuse to leave the room—I had my watch and guard-chain and five sovereigns, and about 15s. in my pocket—shortly after she returned I went to sleep, and slept two hours—I awoke, and she was gone—I missed my watch and money—I raised an alarm, a young girl came up, and I told her to call the police—she went out, and shortly after the prisoner entered the room—she was very violent—I detained her till the police arrived—this is my watch, which I had left on the table—(examining it)—it was found secreted behind a box near the wall.
WILLIAM COCKERELL . I live in Pye-street, Westminster, and am a general dealer. Between three and four o'clock that morning the prisoner came and asked if I would let her have something to eat—I said "Yes"—she had something, and threw me down a sovereign—I said I had not sufficient silver to give change—she went out, but came back in one minute after, and had some more—I saw from three to five sovereigns in her hand.
ANN TAYLOR . I am the daughter of Sarah Taylor, she keeps the house—it is in the parish of St. Margaret, Westminster—I am not sixteen years old—I lighted the gentleman and the prisoner up stairs—I left the light, and she came down for some warm water—I made some warm, she took it in, and went away—I called her, she was not there—I went and looked in the street, but could not see her.
JAMES FOWLER (police-constable B 84.) I was sent for, and searched the room—I found this watch secreted behind two boxes—the house is in Little Deal-street, in the Almonry—it is a common brothel—S. Taylor is very ill, and the brothel is conducted wholly by the last witness.
Prisoner's Defence. I am innocent. I had been to the same house with a gentleman, who gave me, as I supposed, 2s., but on examination I found one was a sovereign—I changed it at Mr. Cockerell's—I had no other money in my hand—the prosecutor was awake when I went down.
GUILTY . Aged 19.— Transported for Ten Years.
2111. GEORGE JAMES FULLER was indicted for stealing, on the 24th of November, 36 milk-washers and plugs, value 4l., the goods of Russell Pontifex, his master: and GEORGE WESTBROOK, for feloniously receiving the said goods, well knowing them to have been feloniously stolen; against the statute.
(MR. PHILLIPS declined the Prosecution.)
NOT GUILTY .
2112. GEORGE JAMES FULLER and GEORGE WESTBROOK were again indicted for stealing, on the 3rd of May, 401bs. weight of brass, value 30s., and 12 metal cock barrels, value 1l. 5s., the goods of Russell Pontifex, the master of George James Fuller.
(MR. PHILLIPS declined the Prosecution.)
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
The prisoner was my apprentice—these six cocks are part of what I have lost—they have not been sold—there is no account in my books of them—the prisoner had the opportunity of taking them.
Cross-examined by MR. BALLANTINE. Q. When did you ever see them before this charge? A. I can swear to having seen them about four months ago—I have my window cleaned out every now and then, and I put up these myself—I missed them about four months ago—my youngest son is authorized to sell on my account—he is not here.
Q. Do you mean that you saw these taps in the window, or some of the same description? A. I believe I saw these—I cannot say How many I have in my warehouse—I may have 200, but not in the window—those that are wrapped up in paper are kept in my counting-house—there are six or eight dozen, perhaps—the prisoner had access to my counting-house—the rest of these taps were in the window, in the rack—my son Edwin had access to them, but he was not to sell any—the whole of these were in my window four months ago—there were more with them—there might be 100, perhaps—I know these six were in the window, because I put them in myself, and never sold them—I did not count How many I put in—I only fill up the racks—I did that last about a month ago—I never count them—I should think about 100 will fill the racks.
Q. Three months ago, can you tell whether there were one hundred or one hundred and fifty? A. I have said repeatedly I do not know How many the window will hold—I missed some, seeing there was a deficiency in the rack, and I mentioned in the shop that I had been robbed again—I cannot say whether there was a deficiency of six only—I did not count them—there was a deficiency—I perceived there had been some taken away—I knew there were six taken, if not more.
Q. In the last twelve months How many of these have gone out of your shop by sale? A. I should think there must have been at least twelve dozen—I know that there were a great many more taken in a clandestine manner—I can positively say these six are not part of the twelve dozen sold—I never sold six of these various kinds mixed together in my life—I have sold numbers of cocks of each kind—we sell them in half-dozens or dozens, papered up together.
MR. CLARKSON. Q. You mentioned in the shop that you had been robbed again? A. Yes—I communicated that to the prisoner among others—he promised to use his exertions to find out the thief, and I mentioned to him that I really began to be suspicious of his fidelity—he did not tell me that he had given any to Mrs. Stroud—some of these are a ball-cock pattern—here is one with a screw bottom—we do not often sell this sort, except in Yorkshire, where we send a great many—these are all new and of four different patterns—I never sold any to the prisoner, nor gave him any—I never authorized him to take any, or knew that he had done so.
ELIZABETH STROUD . I am a widow. I did keep a shop in Grafton-street, Soho, and I sold eggs—I saw the prisoner once—he left some cocks with me about three or four months ago, about eleven o'clock in the morning—he asked if I would take care of these things that were in a parcel for William Westbrook—I said "Very well," and put them behind the shop counter on one of the shelves—I kept them till the day before yesterday, when I gave them to the officer, hearing that a robbery had been committed—they are the same I received from the prisoner—I saw Wm.
Westbrook six weeks ago in Grafton-street—I did not deliver the parcel to him, because I did not see him at my house.
Cross-examined. Q. You kept an egg shop? A. Yes—I gave it up about seven weeks ago—William Westbrook never lodged with me—I knew both the Westbrooks as neighbours—William Westbrook was then in prison for debt—I had been two or three times to see him, and sent him some eggs over—I had never seen Fuller before—I did not ask him what was in the parcel—I sent word to William Westbrook by his brother, that there was a parcel left for him—they were wrapped in brown paper—when I left I took them to where I moved my things, to Kensington, to my cousin's, but I never undid them—they were in a box with other things—I never moved them till I heard of this—I took them away in a brown paper parcel as they were—but they were coming through the old paper, and I put them into this other paper—they had never been out of my possession till I gave them to the policeman—I do not know that I had moved them at all, unless it was to put the baskets up—I observed the paper was worn out when I was packing up to go to Kensington, and put them in another paper that they should not be scattered about—I have not had any conversation with any body about this case—I came to give evidence yesterday—I went to Bow-street, because I heard that Mr. Pontifex had been robbed, and knowing that I had such things in my possession for William Westbrook, I went—I had never seen the prisoner to my knowledge before he left the parcel—we had no conversation—he came into the shop, and asked to leave them—I knew him again directly I saw him—I pointed him out amongst the persons who were there.
GUILTY . Aged 21.— Transported for Seven Years.
2114. WILLIAM WESTBROOK was indicted for feloniously receiving, of an evil-disposed person, on the 9th of April, 29 milk-washers and plugs, value 3l.; 2l. valves, value 6l. 10s.; 1 pump, value 4l.; 6l. other washers and plugs, value 8l.; and 29 boiler screws, value 4l.; the goods of Russell Pontifex; well knowing them to have been stolen.
MR. CLARKSON conducted the Prosecution.
RUSSELL PONTIFEX . These are all new articles, (examining them,) and are my property—they are such as I lost—they have never been sold—this pump is unfinished—I never sold one in that state in my life—I can swear to the work of it—I missed these things in March, 1838.
Cross-examined. Q. Do you put these pumps up? We sell them to be put up, but this is not complete for sale—the leathers are not cut off, and it has to be painted blue before it goes out.
EDWIN BROWN PONTIFEX . I am the prosecutor's son. I know some of these articles—I know this is our pump—Fuller and I took away some of these milk washers, about December, 1837—Fuller helped me take them to George Westbrook's, and he gave us 5s. a piece—I saw Fuller take some of them—there might have been a valve beside the washers—Fuller put a two-inch pump through the window, to a person who he said was George Westbrook, but I did not see the person—it was not this pump, it was smaller.
on the 9th of April last I bought some brass goods of him—these are some of the goods, and this pump—I bought all he had got—I did not look if they were all new—I gave him 20l. for them—here is the receipt I took from him for it—I saw him write it—I bought some brass of him afterwards—I do not know the day nor the month—he said he wanted money very badly, and he had taken them in exchange for a bad debt—Mr. Shackle and Mr. Pontifex came and fetched these things away—I never secreted them—I have used a few, from eight to ten cocks, perhaps—they were the same sort as these.
Cross-examined. Q. Are these the things you use in your business? A. Yes—these milk-washers are not very often used in our place, it is true, but, being a little lot, that was altogether, I took them in that shape—it is a plumber's business to put them up—I should never have seen Mr. Pontifex, had it not been for a very respectable man of the name of Frazer—William Westbrook and Mr. Frazer came to me, and that led to Westbrook letting me have these things.
MR. CLARKSON. Q. Is Mr. Frazer here? A. Yes—the prisoner is the man who told me he had taken these things in exchange—plumbers put up these milk-washers.
Prisoner's Defence. I lent my brother 39l. or 40l., and I took these good is for it—I lost 13l. or 14l. by them.
(John Lawrence, an attorney, gave the prisoner a good character.)
GUILTY . Aged 31.— Transported for Seven Years.
2115. MERRICK BURRELL was indicted for feloniously receiving, on the 25th of June, 8 basin screws, value 1l. 12s.; 3 shave books, value 2s.; 12 union screws, value 12s.; 5 valves, value 10s.; 2 milk-washers and plugs, value 6s.; and 16 metal cocks, value 16s.; the goods of Russell Pontifex; well knowing them to have been feloniously stolen.
(MR. CLARKSON offered no evidence.)
NOT GUILTY .
2116. JANE PHILLIPS was indicted for stealing, on the 13th of May, 12 yards of satin, value 3l. 10s.; 6 yards of muslin, value 3s.; 2 spoons, value 10s.; 1 sheet, value 5s.; 2 shirts, value 8s.; 1 cloak, value 1l. 15s.; and 7 yards of linen cloth, value 12s.; the goods of william Flight; to which she pleaded
GUILTY . Aged 32.— Transported for Seven Years.
Before Mr. Sergeant Arabin.
MR. PAYNE conducted the Prosecution.
EMMA HILL . I am fifteen years old—I was in the service of Mr. Cook, of Princes-street, Cavendish-square. On the morning of the 28th of May, I took his daughter Emma out, who was fourteen months old—I carried her in my arms—I had a neighbour's child with me, aged three years and a half—I went to St. James's-park to hear the band, and when the band went away I went before it—when we got to the entrance of Hyde-park I was knocked down as I was walking in the road—there were other persons there
as well as me—the band was playing loudly—I did not hear any person call out before I was knocked down—I fainted, and lost my recollection.
JAMES MORRIS . I am head porter to the Duke of Wellington I was at Apsley-house on the 28th of May—I was outside the house'—I saw Lady Olenhon's carriage coming down Piccadilly, on the side nearest to Apsley-house—it was coming at rather a more rapid pace than usual, to get in front of the band—I saw it turn to get into the park by the nearest gate to Apsley-house—I was standing within three paces of the carriage—I saw the girl Hill, and the baby under the carriage—I heard some per son call, but I cannot say whether it was the coachman, or any one else, but I should say that was not in time for a person to get out of the way—the coachman could have stopped opposite the Duke of Wellington's if he had thought fit—there were from a hundred to two hundred persons there, and at the part where the girl stood were fifty or sixty.
Cross-examined by MR. BODKIN. Q. There was a great deal of jostling amongst the crowd, was there not? A. Yes, there was-though he was driving rapidly, it appeared to me that he slackened his course as he approached the gate—he could not pull up sooner than he did—he did his best to stop his horses—when the carriage was stopped, the horses' heads were me the park, and the carriage under the gateway.
Q. Are you aware that when the band arrives at that part they begin to play with brass instruments? A. That is not always the case-they come with the band from the park, and take it in rotation.
Q. Was the coachman an in such a situation that he could see these fifty or sixty people? A. I would not be answerable for that lie was high enough to see them—if he had pulled up opposite the Duke of Welhngton's, I do not know that this would have happened.
Had he done ever thing he could? At the moment he found himself in danger, he stopped instantly.
HENRY SPARLING . I live in Thomas-street, Grosvenor-square, and am a boot-closer. On the 28th of May, I was among the people—the coach drove on from fifteen to twenty yards after it happened—I did not hear any one, Call out till the accident happened—there were several persons hallooed out then—I did not see the accident happen—the carriage was driving at steady pace, when I saw it come through the archway—I did not see it before.
COURT. Q. If the band was playing, you could not hear so distinctly as you otherwise would? A. Certainly not.
GEORGE FULCHER . I live in Shouldham-street, Marylebone, and am a carpenter. I was amongst the people in the road—there were many people there—I Emma Hill and the children in the road, and saw them knocked down—I did not see the carriage coming till it was close upon us I could not see at what rate it was coming—the other persons who were there were in danger—I was within a foot of the wheel—I did not hear the coachman call.
Cross-examined. Q. Did you ever say that the girl was pushed into the road? A. yes—I said I thought she might have been shoved into the road. JAMES ERRINGTON I am drum-major of the first battalion of Grenadier Guards I saw the carriage coming along Piccadilly at a regular pace, till it came within a few yards of the nearest gate, and then it increased its speed—the horses might have been urged on by the musical did not hear
any body call out—I was close in front of the band—I saw the girl lifted up.
Cross-examined. Q. Do you make any alteration in the music there? A. No—only the band generally takes it up at the Duke of Wellington's, thirty-five'strong.
JOHN TIDMAKSH . I am a sergeant in the first regiment of Guards. I saw the carriage coming—it appeared to me to increase its speed to gee into the park, before the band got in—there were a great many persons in front of the band.
JOHN RHODES (police-constable C 169.) I was on duty in Piccadilly and saw the carriage come along—I saw either the pole or the horses' bead knocked down the girl with the children—they were all three lying on the ground when I ran after the carriage, which was from fifteen to twenty yards from where the female fell down—I saw the girl knocked down at the time the carriage drove into the mob—I considered there were sixty or seventy persons—the others got out of the way at different arches—I considered from the time I saw it, that the carriage went at about eight miles an hour—the coachman did not call out to my knowledge—he might have called out, but the screams and hoots were so great that J could not have heard it—if he had stopped two minutes at the corner of the Duke of Wellington's house, he would have cleared every thing—the band, and, all would have been gone.
Cross-examined. Q. Where were you? A. On the pathway between Apsley-house and the arch—I could see into the arch—there are three arches—one is for persons on foot, and is not more than seven or eight feet wide—I cannot say whether the foot-path was full, but the carriage-road was full—the carriage was from fifteen to twenty yards beyond where the accident happened when stopped, it was clear through the archway—the accident happened on the Piccadilly side of the arch, and it went through the arch before it was stopped—I took Lady Glenlion's card—she was in the park when I asked her for it—she did not know what was the I said there was a female and two children knocked down.
WILLIAM M'DONALD . I am a surgeon, and live in Princes-street—I was called to attend the infant on the 28th of May—I attended her till the 21st of June—I observed what injuries were done to her—her death was occasioned by them.
JOHN CHRISTEY . I am footman to Lady Glenlion—I was with the carriage when this accident happened—the prisoner was driving it I was in the dickey behind—there was a crowd of people and some soldiers, and the band playing—I saw a girl with a child in her arms, and another boy with her—I heard the coachman call out—I was the distance of the carriage from him—the full band was playing—I heard the coachman call—the horses knocked the girl down—she came from one of the posts on the left-hand side—she ran against the horses.
COURT. Q. She was near the post? A. Yes, and came from the post, and one of the horses knocked her down on the left-hand side.
Cross-examined. Q. Where was the carriage stopped? A. The horses.' Heads were inside the arch, and the carriage behind them—the carriage was under the arch when the policeman came up, and Lady Glenlion gave her card—the child was carried to the hospital, and I went there the next morning—I have known the prisoner ten or twelve years—he has been quiet, good-tempered, and very steady.
NOT GUILTY .
Before Mr. Sergeant Arabin.
WILLIAM RICHARDSON . I am a police Inspector. I was at Fairlop fair on the 6th of July, about six o'clock in the evening—William Gibson was charged with felony, and brought into the Crown and Anchor booth, where the Magistrates were sitting—after the examination he was committed to Ilford gaol for re-examination—the warrant was given into the hands of Pope, the constable who apprehended him, and the Magistrates ordered a sufficient force to see him safe to Ilford gaol—they departed with Gibson in their custody—I followed for safety through the crowd in the fair—I observed a crowd following us—I got the assistance of two other police-constables—when we got about one hundred and fifty yards through the fair, I observed a large mob assembling—several people rushed forward in an outrageous manner, and the cry was, "Go in and take him away"—" Don't go"—"Give it to the b—s"—the mob made several attempts to come and take him away, but were kept back by the police—there were about six of us, and three or four parish constables—we continued in that state for about twenty minutes—it took that time to go a quarter of a mile—Gibson at last said he would not go—I turned round, and saw the whole of the police attacked by the mob, which was two or three hundred people—those who were not engaged in combat with the constables flew on me—I was forcibly thrown off my legs on my back, and Gibson was taken from us, and taken away—I could not myself swear to the prisoner being one of them.
HENRY PARKER . I am a policeman. I was at Fairlop fair, having charge of Gibson—the Inspector's evidence is correct—a large mob followed us, which we were one hour contending with—(the prisoner, before we could get Gibson to the booth before the Magistrates, had held a stick in his hand, brandishing it, and threatened to strike me several times)—the mob said, "Go in and give it to him"—he immediately up with his stick, and struck me across the shoulder—I closed on him—he struck me on the nose, and made it bleed—he was within three or four feet of the Inspector when he was knocked down, and was very active—he was about the wont.
Prisoner. Q. Did you strike me first, or I you? A. You struck me three times—here are the dents in my hat, where you struck me with the stick.
Prisoner. Q. In what part did you see me? A. About five yards from the Inspector.
WILLIAM SHAW . I am a policeman. I was on duty at the fair—Gibson was charged with felony—we were endeavouring to take him to a place of confinement—a mob of two or three hundred attempted to rescue him—the officers were attacked and very much ill-used—the prisoner was close to us at the time Gibson was rescued—he got quite off with his handcuffs on, and has not been taken since—he was charged with stealing a gentleman's coat—the prisoner was very active, calling, "Go in, you in—I saw him strike Parker across the shoulders and over the nose—the
blood flew over the prisoner's foot, and he bit a piece, flesh and all, out of the sergeant's thigh—we were an hour with him in the forest, endeavouring to secure him.
Prisoner's Defence. I was at the fair—the prisoner was being taken away—I did not know him—I ran to see what was going on, and when I came up, the prisoner was a hundred yards before me—I was shoved against Sergeant Parker—he struck me on the chin with his staff, and another policeman struck me on the back of my head, and made me senseless.
GUILTY . Aged 20.— Confined Two Years.
(There was another indictment against the prisoner.)
FRANCIS BEATTIE . I am in the employ of Mr. Gordon an engineer, in Broomfield-street, Deptford. I was returning from Greenwich on the 27th of June, about ten minutes after twelve o'clock at night, and near the Broadway I met the prisoner—she followed me into High-street—I talked to her there, and missed my handkerchief about two minutes afterwards, and gave information to Marshall—I was not five minutes talking to her—I went with the policeman to a house in Mill-lane, and found her—as soon she saw the policeman she dropped the handkerchief, and the light was extinguished—I did not feel her hand in my pocket while she was talking to me—she was the only one I saw in the street.; Prisoner. He asked me to go with him, said he had no more; and gave me the handkerchief—he used me with so much brutality that I swung myself from his hands, and ran home. Witness. I did not propose to go with her—she proposed and I refused—I did not say I had no money, nor give her the handkerchief—I took no liberties with her—I had money about me—if she had asked me for money I might have said I had none—this is my handkerchief—I know it by the pattern and size—there I Do mark on it.
WILLIAM MARSHALL (police-constable R 187.) I met the prosecutor in High-street, Deptford, on the 27th of June, and in consequence of what he said, I went after the prisoner—I found her at the door of her lodging—I searched her—the landlady requested me to bring her to the light, and while searching her I saw the handkerchief drop from her, person, and the light was knocked out instantly—the landlady, at the same, time, tried to get the handkerchief from me—the prisoner said she knew nothing about the handkerchief, and that the prosecutor gave her into custody through malice, because she would not go with him—she said before the Magistrate that he had given it to her, but not to me at the house.
NOT GUILTY .
WILLIAM COOK . I am the son of William Cook, a dealer in marinestores, in the Kent-road. The prisoner came to our shop on the 31st of May, and sold me these two pieces of iron—they are made for the rail-road, I understand, but I did not know it when he brought them—I gate him a farthing a pound—as soon as he left the shop a policeman came in—he had brought me a whole piece before, and others at other times—I gave him a farthing a pound for it all—we sell it again to the iron-founders—he was not dressed as he is now—I asked him where he got it from—he said from the water-gate, or Creek, out of the mud.
WILLIAM COATES . I am a policeman. I went into the shop having seen the prisoner go in and place the two pieces of iron, from under his jacket, on the counter—I stopped him as he came out, took him into the shop, and found the iron still on the counter.
Prisoner's Defence. I only sold him two pieces, which I found in the mud, where they dig out a place for the barges to come down the creek.
NOT GUILTY .
Before Mr. Justice Patteson.
2121. WILLIAM HENRY was indicted for unlawfully, maliciously, and feloniously assaulting Edward Adams, on the 20th of June, and stabbing, cutting, and wounding him upon the right side of the chest, with intent to maim and disable him.—2nd COUNT. Stating his intent to be, to do him some grievous bodily harm.
MESSRS. CLARKSON and ESPINASSE conducted the Prosecution.
EDWARD ADAMS . I was a mate in the Helpless ward of Greenwich Hospital. It was my duty to go round to the different pensioners in the room with the mess, every dinner and meal time—the nurse, Charlotte Cox, generally went round with me—on the 20th of June, about twenty minutes before one o'clock, I went round with the dinner—we carry a bag round containing tallies or numbers which the pensioners draw, and get a corresponding mess—that is done that there maybe no unfairness—when I came to the prisoner I said, "William, draw your tally, will you?"—the nurse was along side of me—he rose up off his seat, and spoke very sharp to me, which I had never known him to do—he said, "No, I shan't"—I said, "Who shall draw?"—'he said, "I don't care, draw who likes I will draw you by and by"—I took no notice, but I said to the nurse, "Do you draw for him," and passed on to the next man, Person, upon my right—he drew his tally—I then went to a man named Jones—he was drawing his lot—I believe he had got his hand into the bag, but had not drawn it, when I felt a heavy thrust in my side, and he said, "D—n you, I have done you"—I did not know who it was then—I looked round as well as I could, and saw the knife in the prisoner's hand—I did not feel the knife—I only felt a thrust that cut me—I said, "My God, I am dead"—I was all over blood—the prisoner had been drinking that day, but he was not the worse for liquor—I was attended by a surgeon, and was laid up for three weeks—I never had an angry word with the prisoner in my life—we were always on good terms.
ELIZABETH WEBSTER . I am the wife of Thomas Webster—he is an in-pensioner in the Helpless ward of Greenwich Hospital, two beds off the prisoner. I went to see him on the 20th of June, a little before one o'clock in the afternoon—I was there sitting near the prisoner's bed at the
foot of the bed—there were nine men in the same ward—I saw Charlotte Cox and Adams come in with the tickets and the rations—I did not hear Adams say any thing to the prisoner—I saw the prisoner get his ration—after he got his ration Adams went to a pensioner of the name of Pen son, and from him to one of the name of Jones—when he came back from Jones I heard Adams cry out, "my God, nurse, I am stabbed"—I saw the prisoner at the time returning to his seat—he was just turning back and had a knife in his hand—I did not observe any thing on it, but he was doing so to the blade of it—(wiping the blade with his fingers)—I had not heard the prisoner say any thing before this—I did not know he was the one who did it—I looked at Adams, and he was bleeding profusely—at the time he said he was stabbed, the nurse was just before him—there was nobody behind him or near him but the prisoner.
CHARLOTTE COX . I am one of the nurses of Greenwich Hospital. I was employed in the Helpless ward—on the 20th of June, about one o'clock, I went there with Adams—he had the bag of tickets which the men draw their rations from—Adams told the prisoner to draw his tally—the prisoner said nothing—he sat on a stool with his hands before him—I said to Adams, "Mate, draw for him"—he did so—I took out his portion of meat, and left it upon his plate—as I was going away he said, "I will draw you by and by"—Adams went on to William Jones, who had his hand in the bag, when I observed Adams put his hand to his right side, and said, "My God, nurse, I am stabbed"—the prisoner was standing with his side towards Adams's left side at the time—I was more forward than Adaoiar Adams was by the side of me—his left side was to my right—Jones was standing by his bed-side—it could not have been Jones that did it—had seen the prisoner between eight and nine o'clock that morning—it was to bacco-day, and he had been drinking that morning, and was not collected—he was twelve months with me, and was always very quiet and well-be haved—he was the last man I should have thought to have dope such a thing.
HARRIET ADDINGTON . I am a nurse in the Helpless ward. on the 20th of June I heard an alarm—I went out immediately, and met, Adams—I afterwards assisted him to his cabin, and in undressing. him, the wound in his right side was bleeding profusely—I observed it in lifting up his linen—I closed it, and kept it so till the doctor came—I always found the prisoner to be a very quiet man.
THOMAS RYDER . I am boatswain's mate at the hospital. on the 20th of June I was in the Helpless ward, and heard a cry of "Murder"—Adams was coming out of No. 18 cabin—I saw the prisoner sitting there—I went to him, and asked him in the name of God what he had been doing—he gave me no answer—Gurridge, the boatswain, came in, and we took the prisoner into the strong-room—we searched him, but found no knife—we then went back to No. 18, and found this knife upon the drawer-case—the prisoner was sitting close to the drawer-case with his back to it when I ran into No. 18—I gave the knife to the boatswain.
On the 20th of June I was called in to attend the prosecutor—I found a wound upon his right side—it was a triangular wound, probably about half an inch deep—in my judgment the wound was inflicted by a knife—this knife would inflict such a wound—it was rather a serious would—he could not be said to be free from danger for a week or ten days.
JOHN JULIAN (police-sergeant R 17.) About a quarter before six o'clock, on the 20th of June, I went to the infirmary at Greenwich hospital, and the prisoner was given into my charge—I heard Lieutenant Rivers put some questions to him—he said nothing to him to induce him to confess nor did he threaten him—when he first went into the ward, he said, "How is it you came to do this job? I am ordered by the governor to give you over to the civil power"—he said he was greatly agitated, and Adams had called him names—Mr. Rivers then asked him what names—he said, "Irish rascal," and so forth—I asked the prisoner if they had attempted to strike him—he said they had done so—I asked who it was—he said they had not done it, but only threatened to do it—I bad the knife in my hand, and showed it to the prisoner—he said, "It is my knife."
GUILTY. Aged 86.—Recommended to mercy. — Confined One Year.
Before Mr. Common Sergeant.
ANN BENNETT . I am the wife of Thomas Bennett. We live in Upper Trinity alms-houses, Deptford—on the evening of the 22nd of June I was sitting up stairs and heard the parlour door go—I came down, and missed a table cover—I went up stairs, looked out of the window, and saw the prisoner with something in her apron—I called to a gentleman to stop her, and I took this table cover from her myself.
GUILTY .* Aged 40.— Transported for Seven Years.
(There was another indictment against the prisoner.)
Before Mr. Recorder.
2123. DAVID HURLEY, THOMAS HARRINGTON , and THOMAS BURTON were indicted for stealing, on the 21st of June, I till, value 1s. 6d.; 6 sixpences, 2 groats, 40 pence, 100 halfpence, and 1 farthing, the goods and monies of Sarah James.
SARAH JAMES . I am a widow, and keep a chandler's shop at Plumstead, in Kent. On the 21st of June, between four and five o'clock in the afternoon, Jeremiah Fabling brought the prisoner to my door, and my till was brought to me in about a quarter of an how—I had seen it safe from a quarter to half an hour before—there was about 10s. or 12s. in it in copper and silver—I had left my shop for two or three minutes to go down into the kitchen.
Cross-examined by MR. PAYNE. Q. Had you left the shop door open? A. Yes.
JEREMIAH FABLING . On the 21st of June I was about a hundred and twenty yards from the prosecutor's shop—I saw the prisoner Hurley from five to seven yards from the shop, pouring something out of a till which he carried under his right arm, into a cap which Burton was holding—they both ran across the road, and Hurley threw the till over the hedge among some shrubs—I collared Burton, and took the cap from under his left arm—it contained about 7s. in copper, and 1s. 6d. in silver—some person came to my assistance, Hurley ran a short distance, and Fry took him in my sight—while the till was being emptied Harrington was twenty or twenty-five yards away from them—he turned and looked at them twice, and ran some distance down the marshes—he was followed by William Cook, who brought him back.
Cross-examined. Q. What are you? A. A labourer—I had been sent for my master's mare—Harrington did not handle any thing nor make any
signal to them that I saw—I am quite sure I saw distinctly the pouring something into the cap from the till—I pointed out the place where the till was thrown to Judge—I did not see any body come out of the prosecutor's shop—I left my mare against the Plume of Feathers public-house.
WILLIAM COOK . I am a labourer, and live at Plumstead. I saw Hurley and Burton—I ran after Harrington—he ran about a mile without stopping—I then took him—he asked what I was after him for—I said I understood he had been taking a till, or something.
Cross-examined. Q. He did not resist? A. No, he laid down when I came up to him.
SAMUEL WATTS . I am a constable of Woolwich. I met the three prisoners on the 21st of June, between four and five o'clock, in Church-street, about a mile and a quarter from Mrs. James's—they went towards Plumstead—they went by the Arsenal gate, which is in the road there—they were talking, and seemed to be acquainted.
JAMES DISMORE . I am a constable of Plumstead. The prisoners were given into my custody—I took the till and the money—I found on Hurley a box with four sixpences, two fourpenny-pieces, and 2 1/2 d. in it, and on Burton 8d. in copper, and a pair of scissors.
Cross-examined. Q. How do you know that this is the till? A. By the scratches on it—Fabling pointed out where it was.
MRS. JAMES. This is my till—I am sure there was more than 1s. 6d. in silver in it.
(Hurley received a good character.)
HURLEY— GUILTY . Aged 19.
BURTON— GUILTY . Aged 20.
Recommended to mercy.— Confined Six Months.
HARRINGTON— NOT GUILTY .
Before Mr. Recorder.
2124. MARGARET DONOGHUE was indicted for feloniously receiving, of an evil-disposed person, on the 11th of June, 1 brush-handle, value 15s.; 5 bottle-tops, value 2l. 5s.; and 3 oz. weight of silver, value 3l.; the goods of John Thomas Belts; well knowing the same to have been feloniously stolen; against the Statute, &c.
JOHN THOMAS BETTS . I live at Broomfield-house, Clapham. I arrived at Ascot-heath from Oxford, on the last day of May—I had a carpet-bag with me—it was removed to my mother's carriage—it contained a dressing-case and some shirts, which I had brought from Oxford—the dressing-case contained some silver fittings, a brush-handle, and Some bottle-tops—they were marked with a crest—I lost the bag and its contents.
GEORGE HAVILL (police-sergeant M 2.) On the 11th of June, in consequence of information, I was in the Borough, and followed Margaret Daley about twenty yards—I saw her join the prisoner—I went tip, and took from the prisoner's hand these pieces of silver, which I produce—I asked them both where they got it—Daley said she knew nothing about it, but came with her to sell it, and the prisoner said she found them two years
before in some dust in Ireland—I took them both into custody, and on the second examination I returned the pieces of silver to the prisoner, as no owner came forward—I afterwards apprehended her at No. 22, James-place—I asked her where the silver was that she had last week—she said her husband had sold it, and she did not know where—I remained in the house for half an hour, when a man named Rawlins came in, and brought the silver—he said the prisoner had brought it to him for sale—these are the brush-handle and bottle-tops—I know they are the same that I took from her hand, in the Borough—here is a crest on them, which has been attempted to be erased—I assisted to search the house, and found two shirts in a box.
MARGARET DALEY . I lodge with the prisoner. I went out with her on the day the officer met us—she told me she had got a bit of silver—I went with her to the Borough, and there she gave it me—I went into a shop with it—the gentleman looked at it and would not take it—I went out and gave it to the prisoner, and the officer took us both.
Cross-examined. Q. Do you know her husband? A. Yes, they were living together—he is taken up on a charge of receiving goods.
NOT GUILTY .
GEORGE HAVILL (police-sergeant M 2.) I went to the prisoner's lodgings in James-place, Gravel-lane, on the 18th of June, between three and four o'clock in the afternoon—the prisoner came in while was there—I saw a box opened by the other sergeant, and these shirts and waistcoat were found there—the prisoner said he bought them in Petticoat-lane for 15s. 6d., three months ago.
Cross-examined by MR. PHILLIPS. Q. Did you tell the Magistrate that? A. I did not—these two shirts and one waistcoat were found in the box—I saw a third shirt in the first examination of the box and moved it out, but not knowing that the prosecutor had lost any shirts I did not take it.
WILLIAM ROWE (police-sergeant M 10.) I accompanied George Havill—the prisoner came in while we were at his lodgings—I asked for the keys of his box—he gave them immediately—I found these two shirts and this waistcoat in the box—he said he bought them in Petticoat-lane three months ago—I received a third shirt at the station-house the following morning.
Cross-examined. Q. Did you see a third shirt at the lodging at all? A. No.
HENRY ST. GEORGE . I am a private gentleman, and live at Altamont. in Ireland. I knew the prisoner perfectly well till within the last twelve years—when the two shirts had been produced I had some conversation with the prisoner about a third shirt—I found a third shirt behind a chest of drawers at their lodgings, and carried it to the station-house immediately.
Cross-examined. Q. Did not the prisoner tell you there was a third shirt in the house, and beg of you to go and not quit the house till you had found it? A. Yes, he did—I went and found it—he said the three shirts were in the box the first time the sergeant searched it.
JOHN THOMAS BETTS re-examined. These are my property—two of the shirts have my initials on them—the other shirt has had my initials torn out—I had my name and that of my college on the back of the waistcoat, but they have been cut out.
NOT GUILTY .
Before Mr. Sergeant Arabin.
GUILTY . Aged 18.— Confined Six Months.
Before Mr. Justice Bosanquet.
2127. ELLEN LEARY was indicted for burglariously breaking and entering the dwelling-house of Henry Sollenger, about the hour of one in the night of the 3rd of June, at Bermondsey, with intent to steal, and stealing therein 240 pence and 580 halfpence, the monies of the said Henry Sollinger.
HENRY SOLLINGER . I am a grocer and cheesemonger, and live at Dock-head, Hickman's Folly, in the parish of Bermondsey; an uncle lives with me in the house and a servant. On the 3rd of June, I went to bed about a quarter before eleven o'clock—I was the last up in the house—I fastened the doors and windows—I am quite sure they were all fast—I have two houses, which communicate internally with each other—the one is a grocer's, and the other a cheesemonger's—they, communicate by a door-way—there is no door—it is all covered over, and all under one roof—we go from one to the other without going into the open air at all—I use the back premises as a warehouse—about a quarter or half-past one o'clock in the night, a policeman awoke me—I found one of my back gates open, and one of the windows which I had seen fast the night before—it appeared that the sash had been pulled down—it was shut when I went to bed—I, cannot say that it was fastened positively—I am sure it was shut up quite close—it has a fastening—there is no shutter to that window—it is on the first-floor—a person could get up to that by climbing up a wall sixteen or eighteen feet high—my premises adjoin a gin-shop—it is divided by a little alley, and walled in—they could climb up between two walls, get on to the top of the wall, and so get in at the window—there is agate to each of the yards—the gate was locked when I went to bed, but the policeman found it open—I missed nothing at that time, but the following day I missed from behind the counter of the grocer's shop, coppers to the amount of 2l. 10s., or thereabouts—they were all done up in 5s. papers, and were quite safe when I went to bed—I know nothing of the prisoner.
ROBERT CLARK (police-constable R 167.) I was on duty at Dockhead on the night of the 3rd of June, near Mr. Sollinger's—I saw his gate, tried it, and found it open, about a quarter-past one o'clock in the morning—I looked at the window, and saw that the upper sash was down—I had seen the prisoner and a boy named David Thomas near the door about half-past ten o'clock that night, but the door of the prisoner's parents' house comes to the back of Mr. Sollinger's, and it is not unusual to see her there, because it is close to her own home—she said nothing to me.
JOHN BIRD HANDLE (police-constable R 154.) I took the prisoner into custody on the 11th of June, eight days after the robbery—another constable was with me at the time, and Mr. Sollinger, who bad sent for me—there was nothing said to the prisoner—no questions were asked—Mr. Sollinger told her that she was taken for entering his house on that day week, and stealing 2l. 10s. in copper money—he did not say she had better tell him all about it—she acknowledged to it without being asked—he did not use any persuasion to her at all—she said that the boy Thorne and her were in company on that night, that she got over the wall herself, and opened the door, and let the boy in—they then went together into the shop, and took ten five shilling packets of halfpence, and put them in the boy's cap—they then went to the back of the house, and divided the money between them.
Prisoner's Defence. I was in-doors when the boy came and said, "Will you come out and go and get something?"—he got over the wall and opened the door, and I went in with him—he shut the door again, and opened the window, and came down and opened the door—he took the money and put it in his cap, and two papers in his pocket—we then came down stairs, went out and halved it—I took it to a woman the same day, and gave it to her to mind—in the afternoon she came home—she and her daughter went to a public-house, and called for a quartern of gin and cloves, they gave me some—they then took me to another public-house, gave me more and made me drunk—I asked her for my money, and she would not give it me—I said I would have it—she said it was over the ditch, and all the time it was in the water-butt—I took it out, counted it, and it was only 4s. 10d.—that was all she gave me out of the money—she made me blind drunk—the boy Thorne took the money, and got all his clothes out of pawn—he said he put his money in the yard, and he gave it to his mother.
GUILTY .* Aged 12.— Transported for Ten Years.
Before Mr. Common Sergeant.
MISS. ANN THOMAS . I live with my brother, Griffith Thomas, at Denmark-hill, Surrey. On the 9th of July, between ten and two o'clock in the day, I was passing the dining-room door, and saw a sweep at the sideboard drawer—it was the prisoner—he had no business there—when he saw me, he ran to the closet and hid himself—I called for assistance—he remained in the closet till my brother came to him, and he took six silver cups out of the cupboard—they were never kept there.
SARAH SIMMS . I am servant to Mr. Thomas. These are his cups—I had seen them that day in the dining-room drawer at ten o'clock—they had no business in the cupboard—the prisoner had no business there—they are worth above 10l.
Prisoner's Defence. I was looking after work—I knocked at the door—nobody answered—the doors were wide open—I then knocked at the parlour door—nobody answered—I knocked again, and I was at the door when the lady came out of the other room door—I was more in the door than out, as it was wide open—I was not in the cupboard at all—I wanted to know if the chimneys wanted sweeping.
GUILTY of Larceny only.— Confined Six Months, the lnst Week Solitary.
Before Mr. Justice Patteson.
2129. PHILIP MAYER was indicted for unlawfully, maliciously, and feloniously assaulting Lucy Blog, on the 26th of June, and stabbing, cutting, and wounding her on the right side of her neck, with intent to kill and murder her. 2nd COUNT, stating his intent to be to maim and disable her. 3rd COUNT, to do her some grievous bodily harm.
LUCY BLOG . I have been living with the prisoner for eleven years—I am not married to him—I live at No. 3, New-street—on Wednesday, the 26th of June, he went out to the Rockingham Arms, at the corner of the Kent-road—I went there to him, and remained there about two hours—we then came across the Kent-road—it was then about half-past twelve o'clock—the prisoner was intoxicated—at we came along he said I had been sending some boys after him to chuck stones at him—I had not done so—he wanted to go into the Weymouth Arms, Weymouth-street, to have more drink—I refused, and said I would have nothing more to drink—directly I said those words, he put one arm round ray neck, and then I felt the knife on the right side of my neck—I struggled and called out as well as I could—I had not struck him, nor had any blows passed between us before—a great quantity of blood came from the wound—I did not see any thing in his hand—I fell with faint ness, and he was on the ground as well as me; I remember that—I was taken to the doctor at the corner of the London-road—the wound was sewed up, and I was conveyed to Guy's Hospital—I have been there ever since—I know this to be the prisoner's knife—(looking at a penknife.)
FRANCIS DEAN . I was passing through Weymouth-street on the 26th of June, about one o'clock in the day—I saw the prisoner and prosecutrix—I heard the woman say, "Poor children"—shortly afterwards I heard a scuffling ensue—I looked round, and observed the prisoner, as I thought, throttling the woman—I ran back, and when I had come up to them they were on the ground together, the man uppermost—I observed a penknife in his right hand, and the blood was flowing very freely from the woman's throat—I was in the act of stooping, when the prisoner dropped the knife, which I picked up, and gave to the policeman—he said he hoped he had killed her, and that he did it because he loved her—he was taken to the station-house.
JURY. Q. Do you think he was drunk at the time? A. I should say not at that time.
JOHN COLEY . I am a surgeon, in the London-road. Blog was brought into my house on the 26th of June, with a very severe cut across the threat, extending three or four inches, but not particularly deep—it was bleeding very profusely, and had a very ragged nasty appearance with it—I should have imagined it was inflicted with some instrument not very sharp—I made pressure on the throat, and found the blood ceased on making that pressure, therefore I ceased to examine more minutely—I got an assistant to continue the pressure, while I got a needle and thread and sewed it up—she was very faint—I should imagine it to be of a dangerous nature; but finding it yield to pressure I did not examine it farther, but continued the pressure, thinking that best—I sent her to Guy's Hospital.
ROBERT MELVILL . I am a policeman. I apprehended the prisoner—I neither threatened or made him any promise—I told him what he had to say be had better keep to say before the Magistrate; any thing he said to me I must give in evidence before the Magistrate—he did not appear to be drunk—he said she was not his wife, but she had lived with him eleven years; he loved her, and he was determined that no other man should enjoy her; if she was dead he would be happy—this was as we were walking along—he appeared perfectly cool then—when he got near the station-house he became a little agitated, and wished me to keep the crowd a little way behind from gazing on him—there was a great crowd—there was a considerable quantity of blood in front of his frock, which he gathered up to hide from the crowd—when he got to the station-house I asked him to pull it off, which he did—he fell into a chair, and fainted, and exclaimed, "Jesus Christ, have mercy on me"—I should have supposed him drunk at that time, had I not seen him before—he became so very nervous and tremulous, and the perspiration and tears came over his face—he called for water, and drank about a pint—he remained in that state before the Magistrate, and as long as I saw him that day, for three hours he was in that state of agitation—I could not see any difference.
Prisoners Defence. I have lived with this woman nearly twelve years—I got my living in Botolph-lane, among the orange merchants there—I was only brought here yesterday, and have had no opportunity of bringing merchants to my character, or I could have plenty—I have supported that woman as a man many years—within the last fifteen months I had an accident at Mr. Bowers's—I was going down into the cellar with a chest, and something gave way, and I have been under several medical attendants—Dr. Williams of St. Thomas's Hospital was the last I was under, and from that time I have not been able to do hard labour, but light work, which made me very badly off for the last twelve months—ever since that, this woman has been very much slighting me—I did not know she was carrying on a correspondence with any man before, till the 25th of June last, when I mentioned it to her for the first time, the day this happened—in fact I saw her three times that same night with the man—about twelve o'clock that night I went after her, and I saw her with the man close against Unionrow, Kent-road—they went down a turning there, and I was waiting to see if she was coming back or not, and while I was waiting there three men came up, and I heard one say, "D—his life; I will have the b—'s life; I will rip the b—'s clothes off his back, and rip him up"—being very weak, one side of me being no use to me, I went away, and these men followed me across Lock's-fields, to the Walworth-road, and into Kennington-common, going to her mother's house; but on the Common the three men came after me—I mentioned it to two or three policemen, as I was going on, that I was in danger of these three men, who I did not know—when I got across the Common I went to her mother's house, but the mother was not at home, unfortunately—I believe she was gone to Yarmouth—I could hear them talking at the top of the street while I was knocking at the mother's door, and I heard the prosecutrix say, "Oh, he is going to my mother's house"—I did not know what to do under the circumstances—there was nobody with
me, and no policeman in attendance—I came hack, and happened to find two or three half-bricks—I thought, as there were three men, they would attack me going across the Common, and I took up the bricks—I could hear them talking, and expected they would seize on me—I hallooed out as lustily as I could for the policeman to come and assist me—I got across the common without their molesting me—through my hallooing they got away—when I got across the common I met a policeman, and asked if he did not hear me halloo—I said, "There are three men here; what they want of me I don't know, but I believe they want to injure me, perhaps some future day I may want you," and I took his number—it was B 47—I said, "If I want you about these men, will you come up?" he said he would—I mentioned it to the Magistrate last night—I do not know whether he is in attendance or not—when I got to the Elephant and Castle again I could hear them distinctly, but could not see them—I made my escape over the water into Thames-street, and went to the night-house there—I got some drink, and stopped until about eight o'clock in the morning—a few friends were there whom I worked with—they knew I had been some time in distress—some gave me 6d., and others a few halfpence, and some gave me beer to drink—I then went to my brother's house in Tooley-street—from there I met my brother coming from breakfast—we had some gin together—coming down Bermondsey-street I met Jeremiah Coleman, foreman of the orange-gang—he took me in and treated me, and then I went to New Kent-road, to my brother-in-law's—I promised to meet him at the Rockingham Arms in half an hour—I was there drinking with several men whom I knew, and had several pots of ale, and a drop or two of liquor before the ale—I might be there two hours drinking—a woman then came in and said, "Is your old woman with you?"—I said, "No; can you tell me where she is?" she said she had seen her an hour and a half ago in New-street—I was still drinking there with the men for some time after—I went down to the house, where the prosecutrix was sitting in the room with two other women—I told her I wanted to speak to her, and asked her what was her idea of suffering people to come and hunt me and hoot me about the street? and asked her to come up to the Rockingham Arms with me—she said she would, and she came up in about twenty minutes or half an hour—I asked her about the cause of her treatment in suffering other people to ill-use me, when I had been so many years with her—she wanted strongly to deny that she knew any thing of it—we had several pints of ale together, and some rum—my brother-in-law came in, and gave her some gin, and from that I asked her to have something to eat—I went out, but what I brought in I do not know, for I had drank a great deal that day, and never broken my fast for two days, except having a piece of bread—she began to blackguard me in the Rockingham Arms—I asked her was that the treatment I should receive from her after so many years supporting her—(three years I kept her on a sick bed, and eight months, under Bransby Cooper, in Guy's Hospital)—she said she did not mind about me at all, she would do as she liked—how long we were in there I cannot tell, but we were drinking all the time, and several people kept giving me pots of ale while I was there—how we came out I hardly know—the last I recollect was that she was abusing me, and, from that, what happened I know nothing about—what the witnesses have said I know nothing about—in the public-house she was daring me about these men, and I do not
know what happened or what went on afterwards, my head was confused, and I was completely confused altogether—when the Magistrate asked me yesterday what I had to say to the witnesses, I knew nothing about what they had said, right or wrong—I had not the least idea what I did—I cannot contradict any thing they have said.
LUCY BLOG re-examined. The prisoner was not at home the night before—I had not been with any other person the night before—I was at home, in New-street, by half-past ten o'clock the night before, and only went out for a pint of porter afterwards—I did not see the prisoner till ten o'clock next morning, when he came down to my place in New-street—I had only been there two days—we had not lived together for about a week—I had not been at my mother's for nearly three months—I had not been out at all following him the night before—that is all false—I had seen him, about half-past eight o'clock that evening, in the Rockingham Arms—I had no dispute or quarrel with him about any man—it is all false about any other man—I know no man but him—I was ill about three years while I lived with him—he supported me all the time—he was in good circumstances then—he met with an accident about eighteen months ago, which disabled him from doing hard work—I did not slight him in the least—I have been very ill myself for a good many months—he never mentioned to me about any man at all at any time, neither that night or next morning—I had no angry words at all with him, further than his saying I had set people to chuck stones at him—he was drunk at the time—he worked for orange-merchants in Botolph-lane for a good many years.
Prisoner. Q. The night before this happened, did you not go in at the private door of the Rockingham Arms with a man? A. That was a woman's husband who I had spoken to for some time—I was coming up the Kent-road, he said, "There you are, old, woman; will you have a pennyworth of gin?" and I went in with him—drank the gin with him, and that was all that passed—you did not catch me with that man at twelve o'clock at night at the corner of Union-row—it is quite false—he does that to clear himself, but it is false I assure you.
GUILTY . Aged 44.— DEATH recorded.
Before Mr. Common Sergeant.
MR. PAYNE conducted the Prosecution.
JOHN BRIGHTON . I am a plumber, and live in Tooley-street, Borough. The prisoner was in my service about twelve months—my shop and the place adjoining are undergoing alterations—on the night of the 3rd of July there were no doors up in front, and a watchman was employed to watch—I know this piece of lead (looking at a piece)—it is a deep-sea lead, and was cast in a mould of my own—I know this roll of lead—it was in my premises at six o'clock in the evening of the 3rd of July—on the morning of the 4th of July a watchman came to me—I went to the police-station, and saw this lead.
Cross-examined by MR. DOANE. Q. Is there any thing particular about this piece of deep-sea lead? A. Yes—there is no other mould of this shape—I may have taken two hundred castings in that mould, but this is
one larger than usual—I never had but one more run so high in the mould, and the other I have now on my premises—I saw this one safe on my premises on the 2nd of July—sometimes I employ a good many men—at that time I think I had fifteen—I can swear to this roll of lead—I had my attention directed to it on my premises about six o'clock on the evening of the 3rd—I do not owe the prisoner any thing, except for his watching, which may be a sovereign, not more—he had never asked me to pay him that—I had given him half-a-sovereign to go to the theatre, because he had been watchman for me two or three nights.
JOHN WHITMAN . I was employed as watchman at the prosecutor's. On the 3rd of July, at a little past twelve o'clock, the prisoner came to me—he said he had been to the play, and his wife was comings and he did not want to see her—he stepped into Mr. Brighton's premises—I knew him as one of the workmen there, and did not object to his going in—while he was in the premises he asked me to go for a pot of porter—I refused—he then went in the direction of London-bridge.
GEORGE HAVILL (police-sergeant M 2.) About one o'clock in the morning of the 4th of July I saw the prisoner by the rail-road, about a quarter of a mile from the prosecutor's—he had this roll of lead on his shoulder—I stopped him, and asked him where he was going—he said to Parish-street, to do a job for himself—I asked him where he got the lead—he said he had just bought it in the Broadway, and given 4s. 6d. for, it, and it weighed 2lbs.—I called a constable, and left him with the prisoner, while I went to the shop in the Broadway which he had described—I knocked at the door, and a female answered me that they had been in bed for some hours—I went back to the constable who had the prisoner, and told him to come on with the prisoner, it was all wrong—the prisoner scuffled, and I laid down the lead and secured him—I took him to the station-house, and found this other lead his pocket—this weighs 16lbs. and the roll 50lbs.
(The prisoner received a good character.)
GUILTY. Aged 25.—Recommended to mercy. — Confined Six Months.
2131. MARGARET BRYAN was indicted for stealing, on the 24th of June, 2 brooches, value 15s.; 2 rings, value 15s.; 4 table napkins, value 4s.; 1 towel, value 6d.; 1 table cover, value 2s.; 1 blanket, value 3s.; 1 pillow, value 4s.; 2 candlesticks, value 1s.; 1lb. weight of tea, value 4s.; 1/2 lb. weight of coffee, value 1s.; and 1/2 lb. weight of sugar, value 3d., the goods of William Johnson, her master.
WILLIAM JOHNSON . I keep the Leather Market Tavern, at Bermondsey. The prisoner was in my service for five days—on the 27th of June she was the worse for liquor—I found a bottle which had had sherry in it empty, and some tea, coffee, almonds and raisins, and French plums which we had missed were found in the scullery wrapped up in a newspaper, and some sherry in a tin beer can—the officer searched her boxes—they were not locked, but the room they were in was locked, and the key could not be found, and in the boxes we found these other things, which are mine—these rings and brooches were found on her person—we had missed a sovereign that morning, and one was found on her.
Prisoner. The money was my own, the ring and brooches I picked up, and kept them to find an owner, the next day one of the children came, and gave me a box with these plums and almonds, and told me to
empty them, and I left them in the scullery—I did not hide them—these napkins belong to myself. Witness. These napkins I know are mine—they have never been used but once—they were missed from a chest to which she had access, and the key was not to be found—this blanket is one of the two pairs that belonged to a bed which was not in the room where her box was—this table-cover is mine—this baize is mine—it was cut for a certain table—this pair of candlesticks, which were in her box, are also mine.
GEORGE HAVILL (police-sergeant M 2.) I searched the prisoner's box, and found all these things, with the exception of the jewellery—I found this little box with the ring and pin in the sleeve of her gown, and these two brooches fell from her person.
MR. JOHNSON. This box is my wife's.
Prisoner. It is mine—when the policeman took me he asked Mrs. Johnson if these things were hers—she said they were not—I have had some of these things in my possession twelve months—the pillow belongs to me, also two table-cloths, and four napkins, and the candlesticks.
GUILTY . Aged 24.— Transported for Seven Years.
2132. JOHN REYMAN was indicted for stealing, on the 3rd of June, 34lbs. weight of lead, value 3s., the goods of John Charles Stahlschmidt, being fixed to a building; and that he had been before convicted of felony.
ROBERT EISDELL . I am clerk to Mr. John Charles Stahlschmidt, of Belvidere wharf, St. Mary, Lambeth. This lead was taken from the roof of his coach-house—I did not miss it till it was brought by the policeman—I then saw it applied to the roof, and it matched exactly.
JAMES PEPPER (police-constable L 51.) I stopped the prisoner in the York-road on the 3rd of June, at a quarter-past one o'clock in the morning, with a bag—I asked what he had got—he said he did not know—I put my hand in, and found it was lead—he threw it down at my feet, and ran, but I secured him, and held him till I got assistance—I found this 34lbs. of lead—I fitted it to the nail boles on the top of the prosecutor's building—I am quite sure it came from there.
Prisoner. You asked what I had got—I said I did not know—I walked three hundred yards before you collared me. Witness. No, you did not—I collared you before you threw it down at all, and you tried to get away—we had a scuffle for about twenty minutes.
GUILTY . Aged 26.— Transported for Ten Years.
ADJOURNED TO MONDAY, AUGUST 12TH, 1839.