CENTRAL CRIMINAL COURT.
TENTH SESSION, HELD AUGUST. 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
COUNRY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, August 12th, 1839, and following Days.
Before the Right Honourable SAMUEL WILSON . LORD MAYOR of the City of London; Thomas Lord Denman, Lord Chief Justice of Her Majesty's Court of Queen's Bench; Sir James Williams, Knt., one other of the Justices of Her Majesty's Court of Queen's Bench; Sir William Heygate, Bart.; William Thompson, Esq.; Sir Peter Laurie, Knt.; William Taylor Copeland, 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 Humphreys, Esq., William Magnay, Esq.; and Michael Gibbs, Esq., Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's 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. TENTH 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, August. 2th, 1839.
First Jury, before Mr. Recorder.
GEORGE HAYWARD . I was store clerk to Thomas Goding, who occupies cellars under Charlotte-street chapel, Pimlico. On the 30th of May I went to the cellars with Mr. Barefoot, and found two 36 gallon barrels, which ought to have contained stout, empty, and another barrel had eighteen gallons taken from it—I had charge of the cellars—the beer had not been taken by permission of Mr. Goding—on the 1st of June I saw some stout produced by a constable at Queen-square office—it was the same quality as that which bad been in the barrels in the cellar—there is an air-hole in the cellar, looking into Mr. King's stable-yard.
HENRY BAREFOOT . I am a police inspector. On the 30th of May, in consequence of information, I went with Hay ward to the cellars under Charlotte-street chapel—I found two barrels empty, and another partly empty, and there was a spill in that barrel—on the 1st of June, early in the morning, I went to the cellars with Floyd the constable—the spill was precisely the same as I had left it, except a shaving which I had put on it was gone off—we concealed ourselves, and about half-past five o'clock heard a noise at the end of the vault, in the direction of King's stables, and Doherty, who has been convicted, came into the vault in that direction, with a lighted candle in his hand—he examined the place; and Went direct to the stout barrel with a peck measure, which he filled four times, and on the fifth occasion I advanced upon him, and took him into custody—I found a man named Morse and the prisoner, at the hole of King's stables, in the direction Doherty had come from—I saw each of them receiving the measure when Doherty took it to the hole—I took Doherty into custody, but the prisoner escaped—I searched Mr. King's stables, and found a funnel, with the froth of malt liquor on it, a bung, and part of another, and in a sewer, which runs through the premises, I found two large stone bottles, which had been recently broken—we had seen Morse take a large stone bottle towards the hole.
Cross-examined by. MR. PHILLIPS. Q. Have you always said the prisoner was the person? A. Yes—I said Morse and another were at the
hole to receive it—I mentioned Morse without naming the prisoner—I thought it not prudent to do so in the presence of his friends, but when the Magistrate asked if he was known, I said he was, and told his name—I believe that was not taken down—he escaped from his lodging when I went to look for him—I saw no one but the landlady when I went there—I do not know whether the prisoner is married—he had not a daughter dying at that house, I knew he had at another, in Royal Hospital-row—he was not there as far as I know—I did not go into the room—I went to the door, which was open.
WILLIAM FLOYD . police-constable B. 3.) I accompanied Barefoot to these vaults on the 1st of June—I saw Doherty there with a candle—he came three times to the barrel—he put the beer in the measure through a hole, and gave it to Morse, and the prisoner, who stood outside on King's premises'—I afterwards saw a stone bottle with a funnel in it—Morse took it towards the sewer—Barefoot apprehended Doherty—I endeavored to get through the hole, but could not—on Saturday, the 20th of July, I apprehended the prisoner in the Excise-office, in Broad-street—I asked him if he knew what I was taking him for—he said, "No"—but there was a woman with him, who I believe to be Doherty's sister—she said, "I know very well, it is about the beer"—he said he would go wherever I took him—Doherty and Morse were employed by Mr. King as Carmen.
Cross-examined. Q. Did not you at first say you saw Doherty give the beer to Morse and another? A. I did—I knew the prisoner's name at the time, but his friends being in court, I thought he might hear of it, and keep out of the way—the hole is about four feet from the floor of the cellar—it was not large enough for me to get through—I tried to get through, and the prisoner got hold of my right hand, trying to pull me through—the cellar was dark inside, but not outside—the beer was conveyed away in large stone bottles—I did not see the prisoner convey a bottle of beer away—I am sure I saw the prisoner through the hole—the bottle was not in his hand, it stood on the ground—Morse was putting the beer in the bottle out of the measure—the prisoner received the measure through the hole—when the prisoner caught hold of my hand to pull me through he thought it was Doherty he was assisting through—I had not my police dress on, I had a rough jacket on—I do not know what sized man Doherty is—perhaps he is as large as I am—I did not see him get through the hole—I saw him inside—he had a large jacket on, and looked a big man, but I think he is thin.
MR. PHILLIPS. called.
JANE AUSTIN . I am married, and live in Vincent-place, Vincent-square—I know the prisoner, his daughter was at her mother-in-law's, near Chelsea-hospital—I went there on the 1st of June last, about eleven o'clock at night, hearing she was taken very ill, and stopped there all night—I knew her before she was married—the prisoner came there about four o'clock in the morning, or a little after, and staid in the room with his daughter till a little before seven o'clock—be then accompanied me home—my husband saw him as well, when he came to leave me the key—I am quite sure the prisoner was there—I have known him fourteen years—he has been in the army, and has a pension from Government—he always bore a very honest character—his daughter died on the 13th of June.
COURT. Q. Where is Vincent-place? A. Near Vauxhall-road, about a mile from Chelsea—this was on Saturday morning, the 1st of June—I went to Chelsea on the Friday night, between ten and eleven o'clock—I am no relation to the parties, only a neighbour—I was acquainted with
his daughter—I am sure the prisoner came there before five o'clock—I looked at the clock, which hung in the room—he came alone—I believe the clock was right—I asked during the night, and the lady said it was right by the college clock—the prisoner came home with me at near seven o'clock—my husband called with the key about half-past five o'clock—be worked at Chelsea water-works—I am sure it was Saturday morning—I went again at different days, but did not sit up another night—I was first applied to about this when the prisoner was taken—I heard that he was charged with this about one o'clock that same Saturday—I heard the others were taken to Queen-square, and I heard that the policemen were after the prisoner—Doherty is his son-in-law, and one of them came and said he was to take Doherty a clean shirt, and that Doherty had said his father-in-law was one of the party.
WILLIAM AUSTIN . I am last witness's husband—on the 1st of June, about half past five o'clock in the morning, I remember calling at the house, where the prisoner's daughter laid ill, to, leave the key of my door—the prisoner was sitting alongside his daughter, expecting her to die every minute—he seemed in a very distressed state.
COURT. Q. How came you to notice the hour? A. I go to my labour at six o'clock at Chelsea water-works—I stopped talking to the prisoner and my wife about twenty minutes, and had bat ten minutes to get to the water-works—I recollect almost every day of the month—it was Saturday, for I received my money that night—I did not see the prisoner between the 1st of June and the 20th of July—I believe there was a clock in the room—I did not go to the police office—I had to go to the waterworks.
NOT GUILTY .
GUILTY . Aged 41.— Confined Six Weeks.
GUILTY . Aged 22.— Confined Three Months.
GUILTY . Aged 34.— Confined Three Months.
2136. JOHN EVANS . as indicted for stealing, on the 23rd of July, 15lbs. weight of paper, value 2s. 6d. 3 collars, value 18s.; 260 yards of linen cloth, value 13l.; 2 yards of mousseline de laine, value 2s.; and 2 yards of canvas, value 1s., the goods of Joseph Maddox and another, his Blasters; to which he pleaded
GUILTY . Aged 25.— Confined Six Months.
OLD COURT.—Tuesday, August. 3th, 1839.
Second Jury, before Mr. Sergeant Arabin.
WILLIAM CAMPBELL . I am an officer in the army. On the 23rd of July, about eleven o'clock at night, the prisoner came up to me, about one hundred yards on the other side of Temple-bar—she kept following me, and when she found she could not induce me to accompany her she pleaded poverty—I gave her 6d. to induce her to leave me, but she still persisted in following me down Fleet-street till I got to Bell's-buildings, Salisbury-court, where I reside—I told her I did not wish her to be seen there, as I was a married man, and I gave her 1s. to get rid of her—I raised my hand to rap at the door, and the moment I did so she plunged her hand into my waistcoat pocket and extracted four sovereigns—I directly put my hand quickly down, which made her drop the four sovereigns on the pavement—a scramble ensued between us—she succeeded in picking up two sovereigns, one of which she put into her mouth—I got the other two—she attempted to escape, and did run a few yards, but I caught her and gave her in charge to a policeman at the end of the court—I had had no communication with her whatever.
Cross-examined by MR. PHILLIPS. Q. How long had you been with her in the street that night? A. do not know exactly—I am a stranger in London—I cannot say what time it would take me to walk half a mile—I walked at a rapid pace—I was quite sober, as far as I could judge—I had dined out, and had taken a gentleman-like allowance—I mean I had not drank to excess—I had, I suppose, seven or eight glasses of wine, and a little beer, I think—nothing else—it was not enough to make me tipsy—the prisoner walked with me against my will—I did not go to a house in Bishop's-court, Chancery-lane, nor did I knock at any house there, nor was I refused admittance—I swear that positively—I did not go. into Chancery-lane at all—I came straight through the archway down Fleet-street—I did not go into any court in the Strand that I know of—I was never in any house with the prisoner in my life—I do not think I went into any court—I cannot charge my memory—as far as my memory serves me, I went direct home—if I did go into any court, it was for the purpose of nature, and no other—I cannot call to mind whether I did or not, it is such a trifling circumstance—I did not pay 2s. for a room that night, that I swear most distinctly—nor was I in any house with the prisoner—I did not fall down in the street, I am quite positive of that—I always carried my money in my waistcoat pocket—I do not carry a purse—I have no breeches pockets—military men never have—the prisoner knew I had money in my waistcoat pocket, for I pulled out 6d. to give her in the Strand—she would not know there was gold there, but she would know there was money of some description.
WILLIAM BURTON . City police-constable. No. 433.) On the night of the 23rd I was on duty in Salisbury-square, when the prosecutor came with the prisoner, and gave her in charge, stating that she had robbed him of two sovereigns—he appeared as if he had been drinking, but I could not swear he was drunk—on the way to the station-house the prisoner gave me a sovereign voluntarily, and in searching her at the station-house I found she had a sovereign in her mouth—to be positive I opened her mouth, and tried to take it from her, but she swallowed it—I saw the sovereign in her mouth.
Cross-examined. Q. Did she not state before the Magistrate, that the prosecutor had been in a house on the road with her? A. She did not state so to me—she said before the Magistrate that he had been with her
in a house—I do not recollect her saying that he had paid her 2s.—I believe she made some such statement to the Magistrate.
GUILTY . * Aged 29.— Transported for Ten Years.
JOSEPH PAIN . I am a salesman at Newgate-market. The prisoner was my clerk for about two months, and received money on my account—I dealt with Mr. Slater—the prisoner entered in a book, in his own hand-writing, the sums of money he received for me—the custom was for him to take the money in the morning, and about the middle of the day give it to a clerk to take to the banker's; but he went off about half-past seven o'clock in the morning.
MR. PAIN. re-examined. I have my book—here is the entry of the 20th of July of 14l. 15s. 5d., received from Mr. Slater, in the prisoner's hand-writing—he never accounted to me for that—19s. was left in the cash-bowl—he left me without any notice—the total amount entered that day is about 34l., but his sister brought me 17l.
Cross-examined by MR. PAYNE. Q. When did she bring that? A. On the Monday as this happened on the Saturday—I believe the officer has got 7l.—his salary was 1l. a week.
Cross-examined. Q. Did you get 6l. 18s. 21/2d.? A. Yes, which I hold for the prosecutor.
NOT GUILTY .
BENJAMIN CHAPPELL . I am a blacksmith. On the 20th of July I was coming past Mrs. Knight's house, in Cornhill, about a quarter before eight o'clock in the morning, and saw the prisoner opposite the shop—I went on about one hundred yards, and then sat down to rest, as I had my tools on my back, and I saw him run by with a roll under his arm—I gave information to the officer, who took him with it.
GEORGE BROWN . I am a City policeman—Chappell gave me information, and I followed the prisoner with a roll of silk under his left arm, and an old great coat thrown over it—he was in front of the Bank, nearly opposite the prosecutrix's house—I took him with it—the prosecutrix lives in the parish of St. Michael, Cornhill.
Cross-examined by MR. PHILLIPS. Q. Did he tell you a man had given it to him to carry? A. He did—I asked him what corner the man had gone round—be said "That corner," but did not show me which—he did not point to Bartholomew-lane—he was at the corner of that lane, but he did not point—(looking at his deposition.)—this is my signature—I did not say he pointed to the corner of Bartholomew-lane.—(The witness's depositions being read, stated, "he said it was a bundle a gentleman gave him to take round the corner. I asked him what corner? he replied, that corner, pointing to Bartholomew-lane.".)—My deposition was read over to me before I signed it, but I did not notice the word point—he never did point—I did not say he pointed—I said I took him at the corner of Bartholomew-lane—the Alderman did not rebuke me for not following the man.
JAMES FARQUHAR . I am in the service of Mrs. Knight—about half-past eight o'clock in the morning, two persons came into the shop—the prisoner is not one of them—one was rather stout, and the other had a blue handkerchief round his neck—they were respectably dressed—they asked for a pair of straps, but went away without buying any thing—I missed a piece of silk off the second counter, when the policeman came in.
GEORGE BROWN . I am foreman to Mrs. Mary Ann Knight, a tailor and draper—this silk is hers—I bought it for her—it is worth 19l. 18s.—the house in Cornhill is her place of business—she does not sleep there, but her servants do.
Cross-examined. Q. What is the name of Mrs. Knight's firm? A. Allison, Knight and Co.—that was the name of the firm at the time the silk was taken.
COURT. Q. But is she the only proprietor? A. Yes; Mr. Allison was her father, but he has been dead some years—Mr. Knight was her husband—he died last year—it is her sole property.
GUILTY . Aged 48.— Transported for Ten Years.
WILLIAM GEORGE WHITMARSH . I am a City policeman. The prisoner was brought to the station-house on the 7th of August, and I found this bag in his hat—I asked how he got it—he said he had bought it in Petticoat-lane—I said I should make inquiry—I went to the prosecutor's, and he owned it—the prisoner was taken into custody about one hundred yards from there.
ELIZABETH WELLS . I am in the employ of Henry Greenwood, a hosier in Finsbury-pavement—this is his bag—it was safe in the shop on the 7th of August, and hung close by the door—I hung it there in the morning.
GUILTY . *
LEWIS PHILIP ETHERINGTON . I am in the employ of Thomas Riddington, a boot and shoemaker in Finsbury-place, Between half-past five and seven o'clock in the evening, on the 7th of August, I was sitting behind the counter at work—I saw the prisoner come to the door, make a stop, look in, and seeing nobody he came in and took the boots—as soon as he turned the corner I collared him with them, and he directly threw them down.
Prisoner. I never had them in my possession.
GUILTY . * Aged 19.— Transported for Seven Years.
MR. PHILLIPS. conducted the Prosecution.
WILLIAM FREDERICK ROCK . I am a stationer, and live in Walbrook—I have one partner—the prisoner was in my employ. On Friday, the 19th of July, I told him I had heard he had been offering our goods for sale, and asked him to explain it—he said he had bought a couple of pairs of screens of Dodd and Co., and made them up for sale, to see what was doing in the trade—I asked if he had sold them—he said, not—I said, "Then you can produce them"—I accompanied him to his house,
and while there found several articles of our property—I showed them to him, and said, "Oh, Satchwell, did we deserve this of you?"—he burst into tears, and said, "I was perfeetly wretched, sir, and will tell you all about it"—he said he had been in the habit of taking goods from us for some time, and selling them to Sewell and Co., of Fore-street—fancy albums and needle-cases—I asked how many—he hesitated—I said, "A hundred?"—he said, "Oh, that is a good many"—I said, "Eighty?"—he made no reply—I went to Se well's and found among other things five dozen souvenirs, sixteen needle-cases, and thirteen albums—(produced.)—these are my property—I never authorized him to sell them.
Cross-examined by MR. PAYNE. Q. How long has he been in your employ? A. Six years—he has instructed some of my apprentices—there had been repeated conversations between us about his leaving our service, but not shortly before this—I am quite certain of the property—I am sure I told him that I had heard he had been offering our goods for sale—I did not say he had been offering his own goods for sale to our customers—I might have said, "I hear you have been offering goods for sale," I might not have said our. woods—I know these goods to be our property by their general appearance—they are our patterns, and our name is on this one—some of these things came from Sewell's—I can swear to about fifty things almost—we never sell them in this state—he admitted to me that the things he sold to Sewell were ours—I distinctly swear that—he was in business for himself before he came to us—he has a wife, and, I think, four children—I had unlimited confidence in him—he appeared very much grieved at what he had done—the things could be taken from our premises, without its being discovered—we have no means of checking them—I have four apprentices—most of these things were in our possession in this state—he could not have got materials from other persons to make them.
JOHN SEWELL . I live in Fore-street, Cripplegate. I produce six dozen needle-cases, which I bought of the prisoner, at 5s. 6d. a dozen, which is what we give to the trade—I also bought five dozen souvenirs at the same price.
MR. ROCK. re-examined. We sell them at 13s. 6d. a dozen, but we allow Ackerman's fifteen per cent, off, which would be 11s. 6d. a dozen. (The prisoner received a good character.)
GUILTY. Aged 34.—Recommended to mercy. — Confined One Year.
JAMES GEARY . I live in East-street, Lambeth. On the 27th of July, I was at work in Cursitor-street, and put my trowel among some mortar while I went across to speak to my master—I returned in ten minutes, and it was gone—this is it—(looking at it.)
Prisoner's Defence. I met a boy, who stooped down to pick up a stone—he took up this trowel, and asked me to pawn it—I said I would, and gave him the money and ticket.
have a certificate of the prisoner's former conviction—(read.—he is the person—he pleaded guilty—I was a witness against him.
GUILTY . Aged 16.— Transported for Seven Years—Convict Ship.
GUILTY . Aged 20.— Confined Six Weeks.
GUILTY . Aged 26.— Confined Two Months.
CHARLES CANCUT . I live with Mr. Scott, of the Sun and Sportsman, in High-street, Marylebone. On the 18th of July, at twelve o'clock, the prisoner came to the house—I do not know what for—he had nothing to drink—my handkerchief was in my jacket, hanging behind the wash-house door in the back yard—I saw it safe on hour before—master asked me who the young man was who had walked out of the yard—I directly went outside, and saw the prisoner with my handkerchief in his hand, looking at it, about thirty or forty yards from the door—I turned back, and went into the wash-house to see if mine was gone, and missed it—I followed him to Devonshire-street—he was standing still wiping his face with the handkerchief, and I secured him.
Prisoner's Defence. I found it in the water-closet, and took it out in my hand.
GUILTY . Aged 34.— Confined Six Weeks.
MARY ANN HARRIS . I am eight years old. I was out with my little sister in my arms—she had a necklace on—the prisoner came up and gave me one bunch of currants, and my sister two—he took my sister in his arms, and nursed her, and then gave her to me—when we got home, my father missed the necklace—I am sure she had it on when the prisoner took her—I knew him before by seeing him about.
JOHN HARRIS . I am a butcher. T remember my two children going out together—the young one, Emma Elizabeth, had a necklace on when she went out—she was absent about an hour, and when she came back the child pointed to her neck, and said, "My beads," and I found her necklace was gone—I asked questions, which led me to desire the prisoner should be taken, and in the course of that afternoon, I was with the policeman, and met him in Petticoat-lane, about five o'clock—it happened between three and four o'clock—I asked him where my child's necklace was—he denied all knowledge of it—he was taken to the station-house, and I saw the necklace taken from his pocket—this is it—(produced.)
Prisoner's Defence. It is not likely I should take the beads off the
child's neck, when I lived next door to her, and worked in the market all my life.
GUILTY . Aged 17.— Confined One Year.
JOHN MALONEY . I am a tailor, and live in Holloway-place, Shoreditch. On the 3rd of June, the prisoner applied to me to employ him, stating that he was in great distress—he was a stranger to me—I took him in out of charity, boarded and lodged him, and gave him 4s. a week—on the 12th of June, he went away without any notice, and I missed the property stated—I met him on the 15th of July in the City—he asked me how I did, I said, "Very well"—he acknowledged that he had taken the things and sold one of the velvet collars for 18d., (it cost me 7s. 6d.)and said he had been to Bristol since—he said, "I will make you recompense"—I said, "If you will return to my house, you shall work it out, and I will give you wages"—he said he should be ashamed to face my wife—I walked with him till we met a policeman, and I gave him into custody.
JULIA MALONEY . I am the prosecutor's wife—on the 12th of June, the prisoner came and asked me to lend him a comforter—he said he should return in the course of an hour, but I never saw him afterwards—I have not found it since.
Prisoner. Q. Did not you tell me I had better go and look for some work, as your husband was going to America, and you had no work? A. That is a story, we had work in the house—four coats.
Prisoner's Defence. The morning I left, he and his wife had a row. and he told me he was going to America—I said he had better sit down to his work, he said he would not—I came down and told his wife he was going away—she said I had better go and look for work elsewhere—after breakfast I was going out, and asked her to lend me a handkerchief to put round my. neck, and she gave me a comforter—I know nothing about the collars.
GUILTY .—Aged 21. Transported for Seven Years.
JOHN NAISH . I am a policeman. On the 18th of July, about four o'clock in the afternoon, I was in Brunswick-place, Regent's-park, and saw the prisoner take this pot off the rails of No. 7, and put it under his jacket—I followed him to Portland-place, and asked what he had taken off the rails—he said, "I have got no pot"—I unbuttoned his jacket and took it out.
WILLIAM HORSFORD . I am a constable of the Mendicity Society—I produce a certificate of the prisoner's former conviction, from the Clerk of the Peace for Westminster—(read.)—I was a witness on the trial, and apprehended him—he is the same person who was convicted.
GUILTY . Aged 31.— Transported for Fourteen Years.
GEORGE FREEMAN . I am partner with George Douglas Alderson, as pewterers—the prisoner was in our employ—he had served his time originally to the concern, but he left for about two years—we had taken him back again about a month previous to this circumstance—on the 15th of July, after the men left for dinner, I saw him melting something in a ladle in the workshop, which he had no occasion to do—I told a man to watch him—when he left at five o'clock, I followed with an officer, and took him to Marl borough-street, and asked if he had any thing about him which did not belong to him—he produced this piece of pewter, and said he hoped I should be lenient with him, as it was his first offence—I believe it is his first offence—his father has worked in the concern upwards of thirty years.
GUILTY. Aged 21.—Recommended to mercy. — Confined Three Months.
ANN GARLAGH . I am the wife of Barnard Garlagh, a skin-dresser, and live in Old Castle-street, Whitechapel. On the 15th of July, about nine or ten o'clock, I saw the prisoner Boyce in our yard—he said he wanted to go into the water-closet—I said he might—he did not go, but went out—I did not see the other prisoner—I had a gown hanging in the parlour, which was safe at that time—my little girl was in the room—I left the door open, and went to hang some things in the yard—my little girl hallooed out there was a strange man—I went and missed my gown, ran out, and came up with Boyce in Castle-alley—I said he knew something about my gown—he said, "No"—I have never seen it since.
GEORGE ZIMMER . I live with my father and mother in Mrs. Garlagh's house—on the day the gown was lost, I was before the door of the house, and saw three persons go to the door—Boyce, and one who is not here, went into the house—White staid at the door, and told the children to move out of the way—there was a Jew there—White asked for a light—he was close to the door at that time—Boyce and the other man did not stop long in the house—I saw them come out again—the other one came out first, with Mrs. Garlagh's gown—I knew it by living in the house—Boyce came out soon after—they ran away, and White followed—I am quite sure of the prisoners.
CAROLINE ZIMMER . I am sister to the last witness—I was looking out at the window at the time—there were three together at the door—Boyce and another went into the house, and White stopped at the door—they were there a short time—the other one came out first with the gown—Boyce came out afterwards—I am sure they are the same persons.
Boyce's Defence. This man came to my house to take my son's measure for a jacket, at eight o'clock on Monday morning—after
he had done so, we took a little walk, and had some beer together—I had taken salts that morning, and felt very bad in my inside—I asked the prosecutrix if I might go into the water-closet—she said I might—while there, I heard a cry of a man being in the house, and when I came out, I walked down the street with this man—the woman followed, tapped me on the shoulder, and said, "I have lost a gown"—I said, "I know nothing of it, I have got no gown"—she said, "I will give you in charge"—I said, "I will go with you," which I did.
White's Defence. I know nothing whatever about the gown.
BOYCE.— GUILTY . Aged 36.
WHITE.— GUILTY . Aged 46.
Confined Three Months.
JOSEPH CHAMBERS . I am a licensed victualler, and live at Barnet—on the 13th of July, the prisoner and four others, haymakers, were at my house, waiting for a wagon which goes down the country—they waited till eleven o'clock, which was my time for shutting up—the wagon had not come, and they asked me to draw them a pot of beer—I did so, and said, "When you have done, put the pot on the threshold, and if I am gone to bed, I will take it in in the morning"—however, I did not go to bed so soon as I thought I should, I opened the door to take in the pot, but it was gone—I followed the men, and found a policeman in the road—I overtook the prisoner about a mile from my house, and he had the pot in his pocket—I saw it before the Magistrate—it was mine.
Prisoner. I sat down on the road—I was not out of the parish, I believe—it must have been put into my pocket by somebody.
JOSEPH CHAMBERS . re-examined. The party were in my house about two hours—I do not think they had above two pots of beer—I cannot say whether they were fresh.—I think I had seen the prisoner once before. (The prisoner received a good character.)
NOT GUILTY .
ANN JANB MESSENGER . I am the wife of George Messenger, a shoemaker, in Hackney-road—on the 17th of July, about half-past eight o'clock in the morning, I observed a person looking in at the window—I did not see the prisoner at first, till I saw him standing before my little girl at the door—I watched him, and saw him take the boots from a nail, put them under his coat, and run away—I ran after him, and met an officer who ran and caught him—he bad not the boots on him, but I am sure I saw him take them—these are them—(looking at them.)—they are my husband's property—there is "G M" on them.
GEORGE HAYWARD . I live in the neighbourhood—about half-past eight o'clock, on the 17th of July, I saw the prisoner running down an entrance—in his course he threw a pair of boots over a fence above six feet high—I am sure he is the same person—the person who found them is not here.
GUILTY . Aged 20.— Confined Six Weeks.
2154. MICHAEL MAY, THOMAS JAMES . and EDWARD RYNARD. alias Edward Barrett. were indicted for stealing, on the 16th of July, 150 lbs. weight of lead, value 1l. 10s., and 1 metal cock, value 1s. 6d., the goods of Henry Dodd; being fixed to a building: and that May had been before convicted of felony.
HENRY DODD . I am a scavenger. The houses, Nos. 17 and 18, Pump-row, Old-street-road, are mine—they were empty—I saw the skylights and all the gutters perfectly secure on the 26th of June—I sent my foreman there, I think on the 30th—he came back and informed me that the house had been robbed, and that he bad found some men in the house, with baskets and lead cut up, ready to be taken away—I went, and was satisfied that it was cut away—I did not myself see the parts fitted—I am certain it is my property—I know nothing of the prisoners—I had locked the doors when I went away, and left all secure.
JOHN CLARK . I am a scavenger in the prosecutor's employ—he sent me to these houses to shift a water-pipe—I unlocked the door, and found I could not get in—the chain inside was fastened—I pushed the door back as far as I could, and saw two baskets there—I went to the police-station and fetched an officer—the baskets did not belong to me or my master—I saw the fanlight was broken above the door—I helped the man that was with me over, to undo the chain inside, and when he undid it, the policeman and I proceeded up-stairs, and in the first floor back-room saw two pairs of strange shoes—the officer took them up-stairs, and in the second floor front room we found the three prisoners, apparently nearly asleep—they were rising from the floor as we entered—they were perfect strangers—they would not give any account of themselves in any respect whatever—it was about seven o'clock in the morning—the officer waited at the door—I proceeded to the back-room, and saw a hole cut about eighteen inches square in the ceiling—I raised myself up and found the gutters from both houses stripped off, the rain water-pipes from both houses, and upwards of 150 lbs. weight of lead taken, and a metal cock was cut off—I afterwards fitted the lead found, with the flat, and it corresponded, so did the brass cock—I am certain it was cut from there.
ANDREW BOYESON . I am a policeman. I was sent for by Clark—he has related all that passed accurately—I found the prisoners and the lead in the way described—it appeared to me that it was part of the gutter—I have compared them, and they exactly fit—I have no doubt at all about it.
James's Defence. I came up from harvest, and seeing the door open, we went in, and overslept ourselves.
MAY.— GUILTY . Aged 18.— Transported for Fourteen Years.
JAMES.— GUILTY . Aged 18.
RYNARD.— GUILTY . Aged 17.
Transported for Seven Years.
NEW COURT.—Tuesday, August. 3th, 1839.
Fifth Jury, before Mr. Common Sergeant.
2155. MARY ANN HASLEY . as indicted for stealing, on the 24thof July, 1 ring, value 10s. the goods of William Henry Hilliard: 1 pair of gloves, value 2d.; and 1 necklace, value 5s.; the goods of John Thomas Hilliard, her master.
JOHN THOMAS HILLIARD . The prisoner was in my service about two months. On the 26th of July I missed a pair of white silk gloves and a black necklace—these are them—this gold ring is my brother William Henry Hilliard's—my wife is not here.
MARY REEVES . I live at Little Trinity-lane, Queenhithe. The prisoner was in the habit of coming backwards and forwards to my house—I examined my drawers on the 26th of July, and found this necklace in one drawer, and the other things in another drawer which the prisoner was in the habit of going to—I did not put them in myself.
MR. HILLIARD.re-examined. Nobody else had access to our drawer where these things were kept—Reeves occasionally visited the prisoner, but was never up stairs—the prisoner is a relation of hers.
NOT GUILTY .
2156. MICHAEL BROWN was indicted for stealing, on the 6th of August, 4 shoemaker's tools, value 6d., the goods of William Smith: 2 pairs of shoes, value 4s. 8d.; the materials for 7 pairs of shoes, value 14s.; and 4 pairs of lasts, value 2s. 4d.; the goods of William Hickson and others: 2 pairs of uppers for boots, value 4s.; and 1/4lb. weight of leather, value 1s.; the goods of John Arthur Mason.
WILLIAM SMITH . I am a shoemaker, and live in Sun-court, Milton-street. I had some materials for making shoes, and some lasts belonging to William Hickson, and two pairs of uppers and other things of John Arthur Mason—the prisoner lodged in the same room with me—these things were kept there—I missed them on the 6th of August—the prisoner went out in the evening of the 5th of August, and kept out till four o'clock next morning—these things are mine—I gave the prisoner two pairs of boots to make which belonged to Mason—he had no business to take them from my room, but to make them there, and deliver them to me.
BENJAMIN ROBERTS .(police-constable G 22.) I stopped the prisoner in White's-court, about five o'clock in the morning of the 6th of August, and asked him what he had in his bundle—he refused to tell me—I said he must go with me to where he brought it from—he refused—I took him to the station-house, and found it was these things.
PHILLIP CONLET . I am the landlord of the house. I was in bed about five o'clock in the morning of the 6th of August—the prisoner knocked at the door—I let him in, and I thought he would go to bed, but he came down and went out—I saw him running down the court with the bundle—I gave information at the station-house—he gave up two pairs of shoes out of his pocket at the station-house.
GUILTY . Aged 30.— Confined Six Months.
JOHN WARD WALTERS . I am an officer. I was on London-bridge at a quarter-past nine o'clock, and saw the prisoner with two young men and a woman—they excited my suspicion—I saw them go to the lady and gentleman, and lift the lady's clothes—the two young men and the woman closed on the prisoner, to screen him—I got close, and saw him raise his hand from her with something red—I seized him and collared the man on my left—I received a blow, which caused me to lose my hold of the man, but I kept the prisoner—this is the book—he dropped it.
Prisoner's Defence. I saw a young man pick the book up—he gave It to this witness, and he took me.
GUILTY . Aged 11.— Confined Three Months.
GUILTY . Aged 23.— Confined Six Months.
JOHN COGHLAN GREEN . I am an assistant surgeon, and live in Holborn. I was going down Fetter-lane, about two o'clock on the 2nd of August—I saw the prisoner running by me, and heard a cry of "Stop thief"—he ran down a turning—I went after him, and the policeman came up—the prisoner acknowledged he had taken my handkerchief, and said if I would not say anything he would give it me—he took this handkerchief out of a dust-bin—it is mine, and the one I had in my pocket just before
Prisoner's Defence. I went down this turning to go to the water-closet—the prosecutor came and said I had been picking his pocket, which I had not.
GUILTY . Aged 22.— Transported for Ten Years.
JAMES LOW . I live in Fore-street. Between five and six o'clock in the evening of the 7th of August I saw the prisoner and two more standing near Mr. Russell's shop—the prisoner whipped something off the board and put it under his waistcoat—I secured him, and found this parcel under his waistcoat.
GUILTY . Aged 12.— Transported for Seven Years.—Convict Ship.
JOSEPH BLIZZARD . I live at Cottage-place, Vauxhall-wharf. On the 6th of August I was at work at Cow-cross, and went to sleep in the pens in Smithfield, about half past nine o'clock, with my boots on, I awoke about ten o'clock, and the boots were then off my feet, and the prisoner bad them under his arm—I gave an alarm, and he ran through the posts—I lost sight of him, but I took particular notice of him—I stopped till I got another old pair of shoes—I went to different shops, but could see nothing of my boots—I came back and saw the prisoner in the same place where I had been robbed, with a gang of people—I went to the officer and gave him into custody—my boots have not been found—the prisoner was rising from the ground when I saw him—be let my foot drop—I was perfectly sober—the prisoner said, "You will never find the boots again, they are far enough off now."
ANDREW TWEE DALE . I am a City police-constables I took the prisoner to the Computer—he said, "I have sold the boots, they are far enough off now"—I did not tell the Magistrate this—I was Dot examined—I told the clerk so—he has omitted it in the deposition.
GUILTY . Aged 21.— Transported for Ten Years.
JOHN CADMAN . I am a tailor, and live in Aldersgate-street About eight o'clock on the 5th of August I put up the chain of my shop-door, when I went to breakfast—after having dean that, I found the door open and saw an arm come through the door, and this satin waistcoat piece being taken out of the door—the arm belonged to the prisoner—he ran up the court—I pursued and saw him drop the satin—it was not more than a couple of minutes from the time I saw the arm.
THOMAS JAMES FRANCIS . I live in Aldersgate-street I saw the prisoner running and drop the waistcoat piece—I came up to him, and he had been stopped by a butcher, whom he knocked down—he struck me very violently.
Prisoner's Defence. I never had the article.
GUILTY . Aged 20.— Confined Three Months.
JOHN LEONARD . I am a labourer. I had been hay-making at Finchley, and was coming to town with the prisoner on the 13th of July—I sat down—I had five half-crowns, and eight shillings—I fell asleep, and the prisoner sat down by the side of me—the horse patrol awoke me, and my money was gone.
HENRY WILLIAMS . I am a horse patrol. I saw the prisoner and prosecutor together—I followed them about a mile and a half—I lost sight of them for ten minutes, and two hundred yards from there I found the prosecutor sitting asleep—I awoke him up—he said he was tired—I asked him. where his companion was—he said "He was here just this minute"—I said "Where is your money?"—he said, "I have lost it, five half-crowns and eight shillings."
JOSEPH HIGGS . I followed the prisoner, and took him about a mile and a quarter from where the prosecutor was—I asked what money he had, he said 10s., three half-crowns and two shillings—I said that would not be 10s., he said he had paid for some beer—I searched him and found eight half-crowns, ten shillings, and one farthing, which just corresponded with what he said he had, and what the prosecutor had lostthere was no person on the road but the prisoner and the prosecutor.
GUILTY . Aged 41.— Confined Six Months.
2164. MARY IGO was indicted for stealing, on the 22nd of July, 1 box, value 8s.; 10 pens, value 10d.;1 half-sovereign, 6 half-crowns, 10 shillings, 5 sixpences, 4 groats; and 1 bill of exchange for 30l.; the property of William Henry Osland, her master: and JOHN EDWARDS , for feloniously receiving the same, well knowing the same to have been stolen; against the Statute, &c.; to which Igo pleaded
GUILTY . Aged 17.— Transported for Seven Years.—Penitentiary.
WILLIAM HENRY OSLAND . Igo was my servant. I missed my cash-box on Monday, the 22nd of July, it contained the property stated—this is my box—Edwards came to me with Igo's sister on the Thursday morning following, and said if I would pay him for his trouble he would find the box, he knew where it was—I never saw him before in my life.
HENRY WIX . I am a chimney-sweep, and live in Chequer-alley, Buns hill-row. I saw Edwards on the Thursday—he said he knew the cash-box was down the privy, for he was the person who chucked it down, and sunk it by bricks—he said there was about two sovereigns in gold and a 30l. cheque, and some pens in it—I went there, but could not get it up without having the privy emptied—he did not say when he sank it.
Cross-examined by MR. PAYNE. Q. Are you sure he said he was the person who chucked it down? A. Yes—he at first said there was a cash-box down the privy where his landlord lived, and it was a handsome one—he said if it was to be got up he would give me the job, and I should be rewarded if I got it up—ray wife was there—he came to my own place and told me—he said a parcel of boys had tried to get it up—a young woman had given information, and he had sunk it with bricks.
COURT. Q. Did you understand that he had sunk it wilfully? A. Yes, because it should not be found.
JOHN STANTON . I live in Crown-court. I examined the privy—the prisoner Edwards said he knew the box was there, for he sunk it with bricks—we got the soil out on Monday night, and on Tuesday morning the box was found—I turned the bricks up.
Cross-examined. Q. What are you? A. A sweep and scavenger—I have seen Wix several times—I do not know much good nor any harm of him—I never heard any thing against him—I have been tried, and was transported—I had full pardon after I had been four years and eight months away.
EDWARDS— NOT GUILTY .
INGON.(through an interpreter.) On the 12th of July I was drinking at a public-house—I gave the prisoner some money to get drink
—I left the house about one o'clock—I had 20s. in a handkerchief—I came out, and four other persons came out, and the prisoner came out behind me—a witness came up to me and asked if he should get me a bed—the prisoner said he would get me a bed that night, and the next day come on board ship to me—he was close behind me, he said, "He has been drinking with me all the evening, and I will go with him now"—he then snatched the handkerchief with the money from the bosom of my coat and ran away—I am sure of that—I was drunk.
Cross-examined by MR. PHILLIPS. Q. How long were you drinking in the public-house? A. About two hours. I went to the public-house about half-past twelve o'clock—we drank 1s. worth of plain rum.
JAMES CAMPBELL . I was not at the public-house, but I came up and saw the prisoner with the prosecutor, who asked me if I could get him a bed—the prisoner said he had been with him, and if I would leave him with him he would see him righted—I stopped, and then taw the prisoner make a sudden run from him—the prosecutor came and said something which I did not understand.
Cross-examined. Q. What time did you take him? A. A few minutes before five o'clock in the morning—I found 5s. on him.
NOT GUILTY .
2166. WILLIAM HENRY AYRES was indicted for stealing, on the 25th of June, 1 watch, value 1l. 5s.; 1 guard-chain, value 7s.; 1 split ring, value 3s.; 1 seal, value 4s.; 1 watch-key, value 1s.; and 1 pewter pot, value 1s.; the goods of Joseph Cavalier, hi master.
JOSEPH CAVALIEE . I live in Sydney-street, Bethnal-green. The prisoner came into my service on the 25th of May, and left on the 26th of June without notice—I missed my watch from my workshop at twelve o'clock, having seen it ten minutes before—I saw the prisoner take the pot off the table to get a pint of beer, but he sever returned—there was nobody but my wife in the house.
WILLIAM CAVALIER . My father told me that Ayres had taken his watch and the pint pot—I saw the prisoner in Sun-street about a week after—he ran away, and I hallooed, "Stop thief—he ran to Chiswell-street to the corner of Bunhill-row—I took him, and I held him till a policeman came.
Prisoner. I stopped when you called. Witness. Yes, because a mob came round you.
Prisoner's Defence. I never had the watch at all.
GUILTY. Aged 25.—Recommended to mercy. — Confined Six Months.
THOMAS BRUCKETT . I am shopman to Mr. Charles Woodward, ironmonger, of Frith-street, Soho. About three o'clock, on the 30th of July, the prisoners came for 1d. worth of screws—having suspicion I got under the counter, looked through a hole in a panel of the counter, and saw them trying to get a parcel off the counter—I saw Hogan get it off the
counter and give it to Ames, who put it into a slit in his trowsers—they went out—I went after them, stopped them, and found six brass castors under Ames's apron—they are my master's.
Hogan's Defence. I did not take them.
Ames's Defence. Hogan took them and gave them to me—my father and mother have been dead eleven years.
HOGAN— GUILTY . Aged 11.— Transported for Seven Years.—Isle of Wight.
AMES— GUILTY . Aged 15.— Confined One Month.
JOHN HODGSON . I live in Bucklersbury. On the 12th of July I was in Wormwood-street, between one and two o'clock, with William Fryer, I saw the two prisoners behind us—I turned round and saw something pass between them—I said to Fryer, "Your pocket is picked"—he followed Hardwidge, and I followed Thompson.
Thompson's Defence. This young man said he took it, but I know nothing about it.
Hardwidge's Defence. I saw this handkerchief hanging out, and took it from want—it is the first time I did such a thing.
HARD WIDGE— GUILTY . Aged 19.— Confined Three Months.
THOMPSON— NOT GUILTY .
2169. WILLIAM GARLAND was indicted for stealing, on the 13th of July, 1 work-box, value 1l. 105.; 3 thimbles, value 5s.; 1 shield, value 2s.; 1 breast-pin, value 4s.; 1 piece of foreign silver coin, value 1s. 6d.;8 half-crowns, 11 shillings, 14 sixpences, 19 groats, and 8 pence; the goods and monies of Matthew Freebody.
MATTHEW FREEBODY . I am a builder, and live at Hurley, near Maidenhead. I received a letter from the police inspector on the 14th of July—I missed from my front parlour a work-box which contained the articles stated—this is the box.
JEREMIAH LOCKERBY .(police-constable S 180.) I was in Somers-town, and saw the prisoner asleep on a step drunk—he had this box—I asked him what it contained, he said nothing but a few cottons, and he had brought it from Manchester—I asked if he bought it there, he said no, he was a cabinet-maker, and brought it as a present to his sister, who lived in Perry-street—I went there with him—his sister said she would not take it, for he was a drunken blackguard—I took him to the station-house, and found it had been broken open, and these things were in it—there were letters in it to the prosecutor, and we wrote to him.
Prisoner's Defence. I found the box in the road.
GUILTY . Aged 34.— Confined Six Months.
GEORGE WIGHTWICK . I am assistant to Samuel James Nichols, a draper, in Chiswell-street. On the 19th of July, about three o'clock, I missed a piece of printed cotton from inside the door—this is it, and that he had been before convicted.
RICHARD GEORGE TAYLOR . About three o'clock on the 19th of July, I was in Chiswell-street, and saw the prisoner take a piece of print—he ran away—I followed him, and took him in Milton-street—he said he would make it right—I took him to a public-house—he put it down, and ran out, but a policeman took him.
Prisoner's Defence. I was coming from Chiswell-street, and saw this at the door, I took it up and went down Milton-street—Taylor said, "Let us go in here," and he went into the tap-room.
GUILTY . Aged 25.— Transported for Seven Years.
2171. WILLIAM CROFT was indicted for stealing, on the 9th of July, 1 plane, value 1s.; I saw, value 1s.; and 1 gouge, value 6d.; the goods of Daniel Stammers: 1 plane, value 2s.; and 1 square, value 1s.; the goods of John Pilbeam; to which he pleaded
GUILTY .—Aged 24. Confined One Month.
THOMAS MACAULEY . I live in Curtain-road. At half-past three o'clock on the 16th of July, I was in my sitting-room, and saw the prisoner at the till in my shop—there wares about eight half-crowns and a shilling or a sixpence in it—I went and asked him what he had been doing, and how he came there, and so on—he cried, and said he had got two half-crowns, which was all he had taken, and them he gave me—I could not swear whether one or two half-crowns were gone, but I am sure one was, and these two were in his hand, and the till was open.
Prisoner. A boy got me to go into the shop, and said he would open the till if I would take the money. Witness. There was another boy with him.
GUILTY . * Aged 13.— Transported for Seven Years—Convict Ship.
THOMAS WRIGHT . I live with my father in Holywell-street. About six o'clock on the morning of the 7th of July I heard a door open, and some person come in, and take this shift from a basket in my bed-room, she then walked into the shop, which was adjoining my room, and then went to the window—I saw it was the prisoner—I then got my trowsers, and went after her twenty yards up Holy well-lane, and asked what she had got—she said nothing belonging to me—she bad these things rolled up together—she had placed three pairs of boots on the counter, and I think she was coming back for them.
Prisoner's Defence. This pair of shoes and shift lay on the stairs—I
was on the step of the door, and took them, and was coming back with them.
GUILTY . Aged 19.— Confined Six Months.
OLD COURT.—Wednesday, August 14th, 1839.
Before Mr. Sergeant Arabin.
2174. HENRY SMITH was indicted for stealing, on the 23rd of July, at St. James's, Westminster, 1 coat, value 4l.; 1 pair of trowsers, value 1l. 10s.; and 2 handkerchiefs, value 10s.; the goods of Henry Vyner, in the dwelling-house of Earl De Grey; to which he pleaded
GUILTY . Aged 42.— Transported for Ten Years.
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 18.— Transported for Seven Years.
Third Jury, before Mr. Justice Williams.
2177. WILLIAM KING, alias Daniel Murphy, was indicted for feloniously breaking and entering the dwelling-house of Richard Pinfold Ganthony, on the 15th of July, at St. Mary Colechurch, and stealing therein two watches, value 44l., his property; to which he pleaded
GUILTY . Aged 33.— Confined Two Years.
GUILTY . Aged 18.— Transported for Life.
2179. GEORGE BAILEY was indicted for a robbery on Hannah Robson, at St. Mary, Islington, on the 8th of July, putting her in fear, and taking from her person, and against her will, 7 shirts, value 35s.; 2 gowns, value 15s.; 5 petticoats, value 15s.; 1 pair of trowsers, value 10s.; 5 night-gowns, value 11s.; 14 towels, value 25s.; 3 shifts, value 30s.; 3 pairs of stockings, value 15s.; 2 pairs of drawers, value 2s. 6d.; 1 pair of leggings, value 1s.; 2 sheets, value 6s.; 2 table-cloths, value 15s.; 1 collar, value 4s. 6d.; and two loaves of bread, value 1s. 6d.; the goods of Henry Robson; and immediately before and at the time of committing the said robbery, feloniously striking, beating, and using other personal violence to the said Hannah Robson.
HANNAH ROBSON . I am the wife of Henry Robson, a gardener, in Shackle well-road, Hackney. I am a laundress. On Monday, the 8th of July, I was returning home from Wells-row, about half-past nine o'clock—I am a stranger in town—I have left Newcastle about three years—I had a bundle of linen on my head, belonging to Mr. Blain and Mrs. Hartley—I was taking them home to wash—it was a pretty sized bundle—when
I was about a quarter of a mile from home, in King Hemy's-lane, a person came behind me, and knocked me down—he hit me on the back of my seek with his fist—the blow threw me into the hedge—he kicked me, and used bad expressions, and said he would kill me if I touched my bundle—that was after I had got up and got hold of my bundle—he snatched it from me, got hold of my arm, threw me into the hedge again, and took the bundle away from me—he threw me into the hedge by a blow on my breast with his closed fist, it was not a shove—he hit me right on the left breast—I got up again, and got hold of my bundle—there were hedges on each tide—he got away about two yards with it, and when I got up I got hold of it again—I snatched it out of his hand, and offered him money or bread if he was in want—he used very bad expressions, which I do not like to repeat—it was what he would do if I touched the bundle—he said he did not want money, he wanted the bundle—I would not let him take it—I stood to my bundle—I hallooed "Murder" twice, and a policeman came up directly—the prisoner never got the bundle from me again after I snatched it out of his band—the value of the articles in the bundle was about 13l. or 14l.—I was hurt on my thigh and my breast—he kicked me with his foot the second time I got up, which quite stunned me and hurt me—it did not knock me off my feet—I think he had hold of the bundle about five minutes, without my having my hands on it—I do not know why he did not run away, but he could not throw it over the hedge—I hallooed dreadfully for somebody to come to my assistance, and be hallooed "Policeman" after I cried "Murder"—he had moved two or three yards from me with the bundle—the back of my neck was very black for several days, and so was my breast—I was not hurt in any other part—I told him in the struggle, that I would rather lose my life than the bundle, and he made use of dreadful expressions, what he would do if I touched it.
Cross-examined by MR. PAYNE. Q. Did you observe no persons a little distance off coining towards you? A. Yes, two females coming to my assistance—that was not before the prisoner went away—it was after he hallooed "Policeman"—the policeman took the prisoner—he stood before me, making dreadful expressions—he did not go away from me—he kept hold of the bundle, but not all the while—when the females were coming towards us he walked away up to the policeman—he went a little distance—the bundle was then about four yards from him—I had got it then—I had never seen the man before—the females are not here—I was by myself.
CHARLES PETTT . I am a policeman. On Monday night, the 8th of July, about ten o'clock, I heard a scream of "Murder," coming directly from King Henry's-walk, Islington—it is a place much frequented by day, but very few pass that way at night—it is very lonely about that time—I only heard the scream of "Murder" once—I went up, and saw some females before me—when I got up, the prisoner had just met the females—somebody called out, "Here comes a policeman," and another female called out for me to take him in charge—I immediately took him back to the prosecutrix—he was about six yards from her, and nearer to me than her—he was with the two women when I got up, but I had seen the women running before me, and he had met them—they were about twenty yards from where I took the prisoner when I first saw them—when I first saw him he was walking—the prosecutrix said, "Take him"—I took him back to her—her hair was very much disordered, hanging over her head,
her bonnet off her head, and her cap also—she said the prisoner had struck her behind on her neck, and she fell forward, the bundle fell, and she scrambled for it—that he again knocked her down into the ditch, and again got hold of the bundle, and she offered him 1s. and a loaf if he would give her her bundle—I then took him to the station-house—on the road he began pretending to cry, and said he was an unfortunate fellow—the prosecutrix, with assistance, brought the bundle to the station-house—I opened it, and produce part of the contents.
Cross-examined. Q. You say he pretended to cry? A. He made a great fuss about it, but I could see no tears—he was sobbing, but I looked at his face, and saw there were no tears—I consider he was a little the worse for liquor—the prosecutrix stated what I have said in presence of the females and the prisoner.
(Witness for the Defence.)
HENRY RILEY . I am a brick setter to Mr. Webb. The prisoner has worked under me for three months—he worked with me all the day in question till eight o'clock—we parted at the George public-house in Lower-road, Islington, at a quarter to nine o'clock—he was very much in liquor then—I never heard any dishonesty of him.
GUILTY . Aged 23.— Transported for Fifteen Years.
CHARLES BLAKE . I am barman to William Carruthers, who keeps the Mason's Arms in Upper Berkeley-street. On the 11th of June the prisoner came to my employer's house, from half-past four to five o'clock in the afternoon, to inquire the price of stout—I told her 1s. 6d.—she ordered me to send half-a-dozen to Mrs. Daniell, 5, George-street, Portmansquare—I did not know that Mrs. Daniell lived there, but I knew a Mrs. Daniell in Seymour-street—she tendered me a cheque for 15l. 10s., for which I gave her change—she desired the stout should be very mild, as it was for the wet-nurse—I gave her two £5 notes—I cannot say whether I gave her the rest in gold, or how—I deducted for the stout—next morning I gave the cheque to Mr. Carruthers—I had kept it in the desk with other cash—I am sure I gave him the cheque I received from the prisoner—I had no other cheque at all.
Cross-examined by MR. PRENDERGAST. Q. Did she appear able to read herself? A. I did not observe whether she could read or not—I had not seen her before, to my knowledge—I am confident she is the person—she was with me nearly a quarter of an hour—persons were coming in and oat—we have a very fair business—I saw her again at Clerkenwell, nearly a month after, I think—I did not then know her, to be certain of her—I considered she was the same person, but was not positive till I saw her with her bonnet on at Bow-street afterwards—there was a quantity of other prisoners at Clerkenwell—I could not point her out there at all—when I saw her at Bow-street she was by herself—she was coming along the passage from the lock-up place—I knew her then—that was on Friday—I had been to Clerkenwell on Monday—I described her as a shortish woman
man, having a light bonnet and coloured dress—I could not give any other description than that—she had on a black dress at Bow-street, and the same at Clerkenwell—she had no bonnet on at Clerkenwell.
COURT. Q. Did you say before the Justice that you gave the cheque to your employer immediately? A. No, I think I said it was the next morning, but I am certain it was so.
WILLIAM CARRUTHERS . I received the cheque from Blake the next morning—(produced)—this is it—I paid it into Sir Claude Scott's, my banker, the same day, and it was returned to me—I noticed the amount of it before I parted with it—if it had never been at my banker's at all, I should not be able to say it was the same as I did not take notice of it—the parties who take cash are accountable to me—all I can say is, that that cheque was sent back from my banker's—I cannot undertake to say it is the same cheque Blake paid over to me—I know it is the only one returned from my banker's—the porter of Sir Claude Scott brought it to my house.
MR. PRENDEROAST. Q. Have you any mark on it? A. None—I can swear it is the same cheque, because I had no other in my possession—I do not know it by any thing further than its being made payable to Mrs. Wallace, which I observed on it at the time.
COURT. Q. When you received it, did you observe upon what banker it was drawn? A. I did, at the time I received it—it is drawn on Coutts—I had not received any other cheque that day, nor for nearly a fortnight previous—I never in my life received a cheque for 15l. 10s. before, to ay knowledge.
MRS. JANE ANNA DANIELL . I am the wife of James Frederick Nugent Daniell, he is now on his way to China—he was not in this country in June—he did not keep an account with Messrs. Coutts when in England—his hankers were Smith, Payne, and Smith—this cheque is not my writing, nor my husband's—I do not think it at all like his writing—he, I believe, always signs his cheques "Jn" dropping the N—I am quite sure it is not his writing.
Cross-examined. Q. This is not a signature at all like it? A. Not at all—the initials do not correspond with his—I know he is out of this country—I did not see him embark—he went over land, going by steam to Alexandria—I have heard from him.
COURT. Q. Where did you live in June? A. From the last day of May till about the 15th of June, I lived at No. 5, George-street, Portman-square.
JOHN BLENKINSOP . I am clerk to Messrs. Coutts. Two or three persons named Daniell bank with us, but this draft is not signed by either of them—neither of them live in George-street—I am perfectly satisfied we have nobody with those initials, and the name Daniell is not the hand-writing of any of our customers.
Cross-examined. Q. What do you call the initials? A. I presume they are meant for M. H—it is one of our regular cheques—if other parties are authorised to draw cheques on us, those cheques must be submitted to me individually—nobody of the name of Daniell has authorised such draft to be drawn—we have books to show what drafts we are to pay—the initials of our customers are "E. R. Daniell"—"Hy. Daniell," I think, but I have not the ledger with me, and cannot be certain of "Henry"—I cannot
remember the Christian name of the other—I examined the ledger at the time, and there was no customer whose initials are "M. H."—I am satisfied they are not the initials of a customer.
WILLIAM WHITMORE . I am a house agent. I know Mrs. Daniell, who has been examined, and know her husband—I am well acquainted with his hand-writing—he generally signed his name "Jn. Daniell"—the "Daniell" on this cheque is something like his, but not the initials I have not the least doubt of its not being his.
NOT GUILTY .
JOHN BIRD . I am servant to Thomas Hitchings, a publican. On the 28th of March the prisoner came to our place—I did not know her before—I did not see her again for upwards of three months, when I saw her it George-street station-house—I knew her again by her appearance, her face, and person—she was at the bar there—I have not the least doubt of her being the woman—she was only in my presence from five to ten minutes on the 28th of March—there was nothing particular to make me notice her more than a common customer—she came in and inquired the price of brandy, and ordered two bottles of brandy, a bottle of ram, and a bottle of gin, for the Rev. Dr. Penfold, No. 15, Dorset-square, whom I knew by name—she said she was recommended by Mrs. Rutker, of No. 63, Portland-place—I knew that person as the housekeeper of Sir John St. Aubin—she then tendered me a cheque of 15l., and said I was to take the amount of the goods out of it—I gave the cheque to my master, who was in a room, and he cashed it for her, but not in my presence—the goods were sent that evening to Dr. Penfold's.
Cross-examined. Q. You are quite sure she is the same woman? A. Yes—I saw her from five to ten minutes—she had a cloak on, a bonnet, and black veil which was off her face—she was in custody when I saw her at the station-house, three months after—I had described her as a middleaged person who wore a cloak and a dark bonnet, but I could not say what colour—she had not got the cloak on at the police-office—I did not know her by her bonnet—I knew her face—I say she is the tame person—I should think her between forty and fifty years of age.
THOMAS HITCHINGS . I am a publican. I received a cheque from Bird on the 28th of March, about nine o'clock in the evening—this is it—I noticed it at the time—it purports to be drawn on Coutts's bank by the Rav. Dr. Penfold, whom I have known these twenty years—I knew at the time that he lived at No. 15, Dorset-square—I gave the cash to the person who brought it, as I supposed—Bird gave me the cheque—I came out, and the person was standing before the counter—I had not sufficient confidence to swear to the prisoner at Bow-street, and now I do not take on myself to swear to her, she was before me so short a time—I have a very strong suspicion that she is the woman, but I took no notice of her, and cannot say whether she is or is not—at the time I gave the change, which was a £5 bank-note and ten sovereigns, the person said, "You will take for the amount of the spirits, "which I did, and gave her 14l. 3s. 6d.—in half an hour I took the spirits to the Rev. Dr. Penfold's, and from what passed there I discovered the cheque was forged, and did not send it for payment—on the Friday following I gave the cheque to Lincoln the to" spector.
REV. DR. GEORGE SAXBY PENFOLD . On the 28th of March I lived at No. 15, Dorset-square. I did not give any body authority to order brandy, rum, and gin of Mr. Hitchings—I do not know Mr. Hitchings myself—no part of this cheque is my writing, neither the signature nor any part of it—it is not at all like my writing—I gave nobody authority to draw it for me—Coutts are not my bankers, but Messrs. Hammersly and Co.
JOHN BLENKINSOP . I am clerk in Messrs. Coutts's bank. We have no customer named Penfold at all—this is not a genuine cheque on our house—Dr. Penfold has no account with us, nor has any person of the name of Penfold.
THOMAS HITCHINGS .re-examined. She was not in the room with me while I was getting the change—I was not above two minutes giving her the change—the only time I saw her was while I was giving her the change—she remained outside the bar—Bird went out with some goods while I was giving the change.
GUILTY of uttering. Aged 38.— Transported for Life.
(There were four other indictments against the prisoner.)
MR. PHILLIPS.conducted the Prosecution.
HENRT SCOTT . I lodge at Mr. Orchard's, who keeps the King William the Fourth, at Kensal-green—I had the misfortune to break my leg, ant on Tuesday, the 23rd of July, I was confined to my bed—it was the day after the accident; the prisoner came into my room while I was in bed—my trowsers laid in a chair by my bedside—I saw him take them out of the chair, turn round to the window, and while they were in his band I heard my money rattle—I had two half-crowns and 2s. there—I was too ill to move at the time—I dared not move—he laid the trowsers down, turned himself round, and went to the cupboard at the foot of the bed to open it—I saw him draw his hand down from the cupboard, put it into his waistcoat pocket, and walk out of the room—next day I heard an alarm in Mr. Orchard's room—I then took my trowser off the chair, found my money was gone, and called out, "I have been robbed too"—the prisoner was brought into my room—I told him he was the person who had taken it—he said he would make me prove my words—I said I would do so immediately I got well.
Cross-examined by MR. PAYNE. Q. HOW did you get the accident? A. I came up to London for a holiday—I was living at Harrow—I was too late to go down by any conveyance, and hired a gig—the horse ran away, and I jumped out at the side—I was perfectly sober—I did not find out that my money was gone till the alarm was given next day—I am servant to the Her. Mr. Cunningham, Vicar of Harrow—I lived three months with him—before that I lived for twelve months with Mr. Brand, of the Treasury—I left him to better my situation, as I was out of livery at Harrow—the Vicar has not afforded me any relief while I have been ill—that was not because he found out I had brought the accident on myself by being drunk—he never told me the reason—I had drank before I hired the chaise—I hired it of Mr. Mingay, at the White Lion, Edgeware-road—I
was not driving myself, the ostler was driving—I was at Mingay's about ten minutes—I waited outside while they put the horse in the chaise—I might drink a pot of beer during the day, but nothing more, no spirits or wine—I had a drop of gin and water which the ostler brought out—it was the day I met with the accident that I was taken to Mr. Orchard's.
COURT. Q. If you heard the money jingle, why not say any thing? A. Because I would not put myself in agitation, to throw my leg back.
Cross-examined. Q. Who brought him to your house? A. Dr. Rymer—the accident happened just below us.
NOT GUILTY .
2183. WILLIAM DAVIS was again indicted for stealing, on the 24th of July, at Willesden, 25 spoons, value 17l.; 13 forks, value 10l.; I mustard-ladle, value 5s.; I fish-slice, value 5l.; 3 seals, value 6l.; 2 pairs of sugar-tongs, value 1l. 10l.; 6 handkerchiefs, value 1l. 10s.; I toasting-fork, value 5s.; 3 shawls, value 3l.; 2 watch-keys, value 2l.; 1 watch-chain, value 8l.; 3 rings, value 2l.; 2 slides, value 16s.; and 15 sovereigns; the goods and monies of Samuel Orchard, his master, in his dwelling-house.
SAMUEL ORCHARD . I keep the King William the Fourth public-house. The prisoner was in my employ for three weeks—on the 24th of July I found my cash-box broken open, which I kept locked in a drawer in my bed-room—I found the drawer and the box both broken open, and fifteen sovereigns gone—I missed all the plate mentioned in the indictment from the drawer, and six silk handkerchiefs—both the locks were forced—I discovered it about a quarter before twelve o'clock in the day—I had seen them safe over night—the sovereigns and cash-box I saw at half-past eleven o'clock at night—about a quarter to twelve o'clock in the day I heard the landing door of the stair-case slam two or three times—I went up stairs to my bed-room, and saw the prisoner standing at the drawer which was broken open, and stood wide open—his arm was leaning on the drawer—he bad no business in my room at that time—when the windows wanted cleaning he had—I asked him what he did at that drawer, who sent him there—he was confused, and could not give me an answer for some time—he went to the window, and said at last, he went there because he heard a little dog barking—I said, "This drawer has been broken open"—he said, "You do not think I could do it?"—I said, "Who else can I think to have done it?"—I called for Mr. and Mrs. Browning, and said, I had been robbed, and when I made the alarm, the last prosecutor called out, "I have been robbed too"—I sent for a constable, and gave him in charge after some time, but I did not like at first to do so, for while he was with me he was always so just and accurate in his business—I found a knife in the drawer where the cash-box had been broken open—I had rang for the prisoner to come to me three or four times about a quarter of an hour before I found him where he was, and he did not answer the bell, which it was his duty to do.
Cross-examined by MR. PAYNE. Q. Is there any waiter's bell there? A. Not exactly, but we always engage the waiter to answer the bell when the tap-boy is out with his beer at twelve o'clock—the bell rings into the yard.
ELIZABETH BROWNING . I am cook to Mr. Orchard. I made hit bed and left the bed-room about eleven o'clock on the morning in question—I dusted the drawer which the cash-box was in—the drawers were all perfectly close—I then went down into the kitchen—at twelve o'clock when I went about my business, I missed a knife from the kitchen, which was afterwards found in the drawer—I had used that knife between nine and ten o'clock that morning.
Cross-examined. Q. Was it not later than that? A. Not when I used it I am sure—it was a black-handled knife—it is here—there was a dozen of them—I had not used it about half-past eleven o'clock—when I cleared the breakfast things away, I used it to cut the bread and butter—I know it was that identical knife—I left master's room as near eleven o'clock as I can guess—there are five rooms in the house—there is a sitting room adjoining master's bed-room, but nobody had been there that day.
MR. PHILLIPS. Q. Must the person, who took the knife, have taken it out of your kitchen? A. Yes.
GEORGE COLLETT . I am a constable. The prisoner was given into my custody on the 23rd of July—as I took him to the station-house, I asked him if he had ever seen his master's plate—he said, "No"—I said, "Nor I have not seen any"—he said, "Don't say any more than you can help, or else you may get me remanded for a week or two."
Cross-examined. Q. Why, what could you say about it, you could know nothing about it? A. No—I went to the house about twelve o'clock, and was told they suspected the prisoner—he said I was exceeding my duty in taking him.
MR. ORCHARD.re-examined. I lost, among other things, six silk handkerchiefs—the robbery was on Wednesday—on the Friday after I found two of those silk handkerchiefs on the tiles of the wash-house, covered over with the top of the water-butt—after I gave the prisoner in charge, he said he had taken same medicine in the morning, and was quite sick—in consequence of that he was allowed to go into the yard by himself—he went there four or five times—the wash-house is dose by where he went.
MR. PAYNE. Q. Did not the officer go with him? A. Not every time—I believe he did more than once—I went to the door myself, and saw that he went to that part of the yard where the handkerchiefs were found—he could very easily have put the handkerchiefs there without being seen, because the passage is very narrow—the top of the wash-house is seven or eight feet high, or it might be nine, but a little ladder, was placed by the side for the boys to go to the water-butt to dip the water out—such a knife as this would open my cash-box—it had been broken open, once before, and the lock was not perfect—I have found no property except the two handkerchiefs—he was not searched for an hour or two after he was taken—he denied his guilt all the way through—there was a dog in the yard, but not under my bed-room window—I had a very high opinion of the prisoner's honesty, and had no reason at all to suspect any thing of the sort—there are two water-closets—he went to both of them, I believe—I am sure he went to the one opposite the kitchen door—that is some distance from where the handkerchiefs were found—I have had them both opened since—it was an hour I think before the constable came—the prisoner was at large during that time in the house, and in the yard—I am certain he did not leave the premises—I had not my eye on him
all the time—I was ill, and was so affected I was obliged to lie down—he had been only three weeks in my service, and he came with a false character—he did not refer me to Mr. Moore of the Bald-faced Stag public-house—he said Mr. White had sent him, but I made inquiry of Mr. White, and found he had not—he said he had lived at the Bald-faced Stag.
GUILTY . Aged 28.— Transported for Fifteen Years.
Fourth Jury, before Mr. Recorder.
2184. ELIZABETH WATSON and ELIZA HALL were indicted for feloniously breaking and entering the dwelling-house of William White, on the 22nd of July, at South Mimms, and stealing therein I gown, value 4s.; I frock, value 1s.; 2 collars, value 3s. 6d.; and I handkerchief value 6d., the goods of John Hicks.
CATHERINE HAWES . I am nursery-maid in the service of Mr. John Hicks, of Dancer's-hill. On Monday, the 22nd of July, I was directed to carry some articles to be washed, at Mrs. Cook's, in Green Dragon-lane—she was out when I got there—I saw Mary White, and gave her the bundle to take care of for her—there was one gown, a child's dress, and three collars wrapped in a handkerchief, and pinned up—I saw the prisoners standing together, between twenty and thirty yards from Mrs. White's house—I passed them—I do not think they could see Mrs. White's house.
MARY WHITE . I am the wife of William White, and live in Green Dragon-lane, South Mimms, Middlesex. On Monday, the 22nd of July, Catherine Hawes brought a small bundle to my house for Maria Cook to wash, who lives next door but one to me—I placed the bundle on a table near the window, which was shut—it is not made to open at all—I locked up the house, and went out—the linen was wrapped in a blue and white handkerchief—there was a list of articles outside it—I returned in about half an hour—(about half-past eleven o'clock) I picked up this small bill on my way to the house, which I thought was the list of the articles—I found a pane of glass broken in the window, which was whole when I went out.
MARIA COOK . I occasionally wash a few articles for Mrs. Hicks—I got home on Monday about half-past eleven o'clock—the moment I got to the gate I saw Mrs. White's window cut, and the curtain blew out—I rang to know what was the matter, and nobody answered—she presently came home, and hallooed out, "Oh, my house is robbed," and picked up the bill
JAMES HAWKES . I am policeman of Barnet. I was at Potter's Bar on Monday, the 22nd of July, and there was an alarm of this robbery—I went in pursuit to Little Heath, Hatfield-road—I came up with the prisoners there between twelve and one o'clock in the day, about three miles and a half from the prosecutrix—Hall had a bundle, which she gave me on my demanding it—it contained these articles—I took them to the cage at South Mimms—when I went there in the morning they had broken out of the cage—we found them at Hatfield, about nine miles off—we suspect that six haymakers brought them out—the prisoners were in company together.
WATSON— GUILTY *. Aged 17.
HALL— GUILTY . Aged 19.
Transported for Ten Years.
2185. THOMAS PHILLIPS was indicted for burglariously breaking and entering the dwelling-house of Ann Waugh, about the hour of nine in the night of the 15th of July, at St. Mary Matfelon, alias Whitechapel, with intent to steal, and stealing therein, 50 yards of ribbon, value 15s., her goods, and that he had been previously convicted of felony.
ANN WAUGH . I am single, and carry on the business of a milliner in Whitechapel-road. I occupy the house—it is in the parish of St. Mary,' Whitechapel—on the night of the 15th of July there was a box of ribbon inside my shop-window—I saw it there safe at nine o'clock—Mary Ann Partridge afterwards ran out, and the prisoner was brought into the shop—he put up his hands, and said, "Do not give me in charge, I will never do it again"—the ribbon was gone from the window, and was produced to me—I know it by my own hand-writing on it—I had seen it safe five or ten minutes before—there was merely a crack down the side of the glass before, but not any opening—it had nothing to do with the part that was cut—at the time of the robbery I missed five other pieces of ribbon—this piece here is nearly 9£ yards, and is worth 3s.
Cross-examined by MR. PAYNE. Q. Where Was the window broken? A. There was a crack down on one side, but the piece that was taken out was across the bottom corner—it was large enough to admit a hand—the box was about twelve inches from the window, and is about two inches deep—we have the parish clock near us—I heard it strike nine, and it had Dot occurred then, but when I went to the station-house it was about half-past nine o'clock—I had been to the door ten minutes before, and the window was broken then—the pane broken was the one which had the crack in it, but it was in a different part of the pane—I was at the end of the shop—I did not look at this particular pane of glass ten minutes before, but I could see that the ribbon-box was all safe, and there was no one at the window.
MARY ANN PARTRIDGE . I am shopwoman to the prosecutrix. On the night of the 15th of July, I noticed a box of ribbon inside the window—I saw it moving, and ran out instantly—I saw the prisoner close by the pane of glass which was broken—I seized him—he pushed me violently—I asked a boy to assist me—he went after the prisoner and brought him back—there was another boy at the other end of the window—the pane of glass was cracked a little on the side before, but not broken—the next window was cut as a diamond would cut it—there was a piece of gauze ribbon in the box, which I saw move—I missed six pieces—I have seen a piece since, which was picked up—it corresponds with a piece that were lost—a lady brought it into the shop.
Cross-examined. Q. Did you see the prisoner doing any thing? A. I saw a hand inside the window—I ran out instantly, and caught him—his hand was close by the window then—it was as close as it could be to it when I caught him—I am positive I saw a hand pulling the box down by the corner—another boy was standing at the other end of the window, not opposite the aperture.
WILLIAM ARGENT .(police-constable H 126.) I received charge of the prisoner, and took him to the station-house—he said, going along, that he was not the thief, for he had got nothing about him—I have produced the ribbon the witness speaks of as being brought into the shop—I do not know where it came from.
Mr. Clark's office, of the prisoner's former conviction on the 4th of February last—I was present at his trial—he is the person who was then convicted—(read.)
GUILTY . Aged 16.— Transported for Ten Years.
MICHAEL DANKS . I am a carpet warehouseman, and live in Hatton-garden, in the parish of St. Andrew, Holborn—it is my dwelling house. I lost a quantity of carpet, worth 6l. and upwards, from a pile of goods—this is it—(looking at it.)
Cross-examined by MR. PAYNE. Q. I suppose if you were offered four guineas and a half for it you would take it? A. I have mentioned the very lowest price—there are seventy-three yards, at 20d. a yard, cost price—it is a new article from Kidderminster.
ROBERT REEVES . I am porter to the prosecutor. On the morning of the 17th of July, about ten minutes past eight o'clock, I saw the prisoner Williams go off the steps of the door with this carpet on his shoulder—I went to the door—he had got twenty or thirty yards—I saw the other prisoner take the carpet off Williams's shoulder—I could see Helbert when I was at the door, and he could see Williams enter the door, as it is quite straight—I went after them with Hughes—Helbert ran four or five yards with the carpet—he then dropped it, and both ran off—Williams looked round first—I caught Williams in Beacham-street, brought him back, and he was delivered to a policeman—Helbert was caught in Greville-street—when I stopped Williams, he said he was not the man, and wanted to get away—he said the other man asked him to give him a lift up with it.
Cross-examined by MR. DOANE. Q. It was twenty or thirty yards off that Williams put the carpet on Helbert's shoulder? A. Yes—I did not see Helbert nearer the house than that.
Cross-examined by MR. PAYNE. Q. Where were you when you saw Williams go off the step of the door? A. In the counting-house which fronts the street—I saw his face—I was about two yards from him.
JOHN HUGHES . I am porter to the prosecutor, and live in Gibraltar-walk, Bethnal-green. I was spoken to by Reeves, and went with him after the prisoners—I saw them together—I saw Williams put the carpet on Helbert's shoulder—as soon as Williams turned and saw me, Helbert dropped it, and both ran away—I saw Helbert in custody of Harris.
ROBERT HARRIS . I am a baker, and live in Greville-street, Leather-lane. I was at my shop-door—I heard a cry of "Stop thief," and saw the prisoners running towards my shop, in a direction from Danks's—I secured Helbert—he made great resistance, but I took him back.
JOHN FREDERICK CARPENTER .(police-constable G 32.) I received the prisoners in custody in Hatton-garden, and received the carpet at the prosecutor's warehouse—I found a little money on each of the prisoners.
(The prisoners received good characters.)
WILLIAMS— GUILTY . Aged 20.
HELBERT— GUILTY . Aged 18.
Recommended to mercy.
Confined Six Months.
2187. JOHN TURNER was indicted for feloniously breaking and entering the dwelling-house of John Higgs, on the 19th of July, at St.Giles-in-the-Fields, and stealing therein, 1 kettle, value 10s.; 4 candle-sticks, value 4s.; 1 pair of boots, value 3s. 6d.;3 flat irons, value 1s.; and I snuffer tray, value 1s. 6d., his goods.
JOHN HIGGS . I keep the Royal Oak public-house, in Great Earl-street, in the parish of St. Giles. On Friday morning, the 19th of July, soon after six o'clock, I went to my kitchen, and found two squares of glass taken out of the sky-light, which made a hole sufficient for a person of the prisoner's size to get in—in the middle of the kitchen was a table and two chairs, to reach up to get out at the sky-light—I missed a brass candlestick, a snuffer-tray, and all the articles stated—a person could get to the top of the kitchen by the houses at the back—the articles were safe at one o'clock that morning, and the sky-light whole—they were produced to me shortly afterwards by Duggins, and I gave them to the constable.
MICHAEL DUGGINS . I live in Little Earl-street, and am a carman—my stables are at the back of Mr. Higgs's house. On Friday morning, the 19th of July, after six o'clock, I was in my chaff room, over the stable, and found tied up in a table-cloth, a pair of boots, a tea-kettle, and some brass candlesticks, which the prosecutor afterwards claimed—I delivered them to him.
EDWARD KELLY . I am a labourer, and live in Neal's-yard, Seven Dials. On Friday morning, the 19th of July, I heard these things were missing—I knew the prisoner by his being about the place—on the 20th I was coming up Compton-street, and saw the prisoner—he said the police were after him—I was going to ask him what for, but he said it was for some candlesticks and things he had taken—he said, "I got in at the top, and dropped it—then I got the three candlesticks—I could not get out, and I got the table and chairs, and put there, and I cut myself;"—just as he said that, he saw the policeman, and ran away—I do not know how he came to tell me about it—I was coming along with another young man at the time.
LEWIS CURD .(police-constable F 108.) In consequence of information, on Saturday, the 20th of July, I went in search of the prisoner—I saw him in Old Compton-street—he saw me, and ran away—I followed him, and gave information to a constable of the C Division, who handed him over to me in a very short time—I asked him how he got into the place—he said he got in legs first—I asked how he got out—he made no reply—there was a place on his chin which had been recently grazed, which might have been done with glass.
(Property produced and sworn to.)
GUILTY *. Aged 14.— Transported for Ten Years.
2188. WILLIAM POTTLE was indicted for feloniously assaulting Jabez Vines, on the 29th of July, putting him in fear, and taking from his person, and against his will, I hat, value 20s., his goods; and immediately before and at the time of the said robbery, striking and beating him.
JABEZ VINES . On the night of the 29th of July, I was passing through Eastcheap, as near twelve o'clock as possible—I met the prisoner in company with another man and a woman—the three were walking abreast, the woman in the centre—I walked by them briskly, with my hands in my pocket—they took up the whole pavement, except the curb stone—I took no notice of them, but the prisoner up with his hand, and knocked me into
the road back-handed—I was hardly on my legs, before he knocked me down again, and knocked my hat off—I hallooed "Police," as I had twenty-six sovereigns in my pocket—he took up my hat, and ran away with it—I followed him, still calling "Police"—he ran down Love-lane, and the policeman stopped him at the bottom of the lane.
Cross-examined by MR. DOANE. Q. Did you not first push him when you found there was not room? A. I did not—I did not say a word to him—I was quite collected—I had spent the evening with a friend, but was quite sober—I swear solemnly I did not push against him—several persons were there after I hallooed police—the curb-stone is the usual height from the carriage-way—I carried the mark of his blow for a fort night afterwards—he hit me on the ear—that was not the consequence of my fall—he hit me on the left side, and I fell on the right—I did not get my hat again—he dropped it, for he had not got it when he was taken into custody—I saw him run off with it.
COURT. Q. Did the woman or the other man at all interfere, either to attack or protect you? A. Not to my knowledge—they came round me after I was knocked down the second time, but they said nothing to my knowledge—they were not drunk—I think the prisoner's object was to rob me if I had not called out police—I consider he meant to rob me of my hat—he stole my hat after I called police.
THOMAS QUINLAN . I am a watchman. I was passing through Eastcheap and heard the cry of police—I went to the spot, and saw the prisoner knock the prosecutor down and run away with his hat—I ran after him down Love-lane and sprang my rattle till the officer at the bottom stopped him—I saw the hat in his hand when he ran off, but cannot say how long he kept it—I only saw the prosecutor knocked down once—I saw nobody there when I came up, except those who were round the prosecutor.
WILLIAM GARSIDE .(City police-constable. No. 381.) I was on duty near the bottom of Love-lane on this night—I heard the cry of police, and caught the prisoner running at the bottom of Love-lane—he had nothing with him then—he had a cap on his head—the hat has not been found.
BRIDGET DONOGHUE . I am single, and live in Petticoat-lane with my father, who is a tailor. I was with the prisoner on this occasion—we had been to a smoking club at Bermondsey—there were a great many women there—there was no other man with me besides the prisoner—there was another coming along—I did not know him—we were not all three walking together, taking up the pavement—us two were coming along—the prosecutor happened to pass and knock up against the prisoner—the prisoner turned round and asked him what he did that for—he said he would do as he liked, and he hit the prisoner—the prisoner then jostled him, which knocked him down—I did not see his hat fall off—I saw him and the prisoner run down the first turning, and then we came away—I came up with my friends who were with me at the club—they were not where this happened.
The prisoner received a good character.
GUILTY of an Assault. Aged 20.— Confined Six Months.
NEW COURT.—Wednesday, August 14th, 1839.
Sixth Jury, before Mr. Common Sergeant.
2189. MARY BEALEY was indicted for stealing, on the 14th of June, 7 sovereigns, and 110l. note, the monies of Charles Langdale, her master: also, on the 4th of June, 4 sovereigns, 4 shillings, and 4 pence, and 1 5l. tote, the monies of Charles Langdale; to both of which she pleaded
GUILTY . Aged 28.— Confined One Year.
2190. JOHN WATTS was indicted for stealing, on the 12th of July, 6 plasterers' tools, value 4s.; and I trowel, value 1s.; the goods of Alfred Kempling: 5 plasterers' tools, value 5s.; I knife, value 6d.; I bag, value 6d.; the goods of Thomas Goble: 1 jacket, value 1s., the goods of William Kempling and I trowel, value 1s., the goods of Henry Pound; to which he pleaded
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 45.— Confined Six Months.
2192. JOSEPH EDGE was indicted for stealing, on the 25th of July, I watch, value 1l. 10s.; 22 spoons, value 6l. 10s.; and 14 forks, value 5l.; the goods of Thomas M'Donnell, his master, in his dwelling-house; to which he pleaded
GUILTY.— Judgment Respited.
GUILTY .— Confined Three Months.
Cross-examined by MR. ESPINASSE. Q. Did you see the prisoner A. Yes—I took off my coat when I went to play, and put it on the form—I saw the prisoner without his coat, but do not know where it was—I put on a coat when I had done playing—it was not my own—the prisoner came and said I had got his coat—I took it off, and gave it him—I do not know if he was sober—I had drank about a pot of half-and-half.
JOSEPH SHARWOOD . I was in the skittle-ground—the prisoner was playing at skittles—the prosecutor's coat and his were on one form—the prisoner put on a coat, and walked up the steps—it appeared to me to be this coat—he returned in about half-an-hour without a coat on—in the mean
time the prosecutor put on the prisoner's coat by mistake—I asked the prisoner what he had done with the coat which he put on when he went out, and he said I was a b—y liar, he had not had a coat on at all.
Cross-examined. Q. Had you been drinking? A. I might have taken a share of two pints.
THOMAS HENRY THOMPSON .(police-sergeant D 4.) I was sent for—the prisoner said, so help him God, he had not taken the coat—he said he had been to Harrow-street, and met a girl named Fair Carey, and went to borrow some money of her.
Cross-examined. Q. Did you find a duplicate of a coat on him? A. No—I found 1s. 81/4d. and a key on him.
Cross-examined. Q. Where is your shop? A. In Stafford-street, Lisson-grove—I had not seen him before to my knowledge.
(The prisoner received a good character.)
GUILTY . Aged 27.— Confined Three Months.
2195. CATHERINE KEEFE was indicted for stealing, on the 12th of July, I handkerchief, value 6d.;1/2 an oz. of beads, value 4d.;1/2 oz. of tea, value 6d.;1/4 lb. of sugar, value 2d.; the goods of Joseph O'Leary, her master.
Cross-examined by MR. DOANE. Q. They are all old things? A. Yes—I had not had them more than two days.
GUILTY . Aged 23.— Confined Three Months.
(There was another indictment against the prisoner.)
GUILTY . Aged 18.— Confined Four Months.
LOUISA SMITH . I am a laundress, and the wife of Henry Smith, a constable on the Western Railway, living at Bridge-row, Paddington. The prisoner's mother lives in a part of the same house—he was in the habit of coming to see her—I missed a silk handkerchief on the 11th of June—I and his mother mangle together—this is the handkerchief I had to wash.
Cross-examined by MR. PAYNE. Q. Who took it in? A. A young man who is not able to attend—I recollect the prisoner's person.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy by the Prosecutor.
Confined Three Months.
WILLIAM HAWKINS . I live on Great Saffron-hill. The prisoner lodged with me—I missed three sheets op the 16th of June, and asked her where they were—she said she had sent them to be mangled—I said I must see where they were gone—I turned down the bed, and every thing was gone—I said, "Where are the tickets?"—she ran to the cupboard—I ran too, and caught hold of the tickets.
Prisoner. He told me if I did not pay him his rent, he would distrain upon me—I paid him all the money. Witness. No, I did not—she did not owe me more than one week—she is not married.
GUILTY. Aged 20.—Recommended to mercy. — Confined Three Months.
(There was another indictment against the prisoner.)
MR. HORRY.conducted the Prosecution.
CHARLES REEVES. I am a solicitor, and live at North-bank, Marylebone. On the 18th of July I was in my sitting-room about ten o'clock in the evening—I heard a cry of "Murder," and "Stop thief"—I had taken a silver candlestick up stairs a few minutes before, and placed it on the ball table as I came down with the extinguisher—on hearing the cry, I went out and found the candle in the passage, with the extinguisher on it—the candlestick was gone—I went to the garden-door, and found two policemen, who had the prisoner in custody—I went to the station-house, and then searched Mr. Wymes's garden—these candlesticks are mine.
ELIZABETH RUSHOLM . On the evening of the 18th of July I took some plate up stairs—I left a metal candlestick on the kitchen mantel-piece, and when I came down I found it on the table—I ran up stairs, and saw a man pass me with something—I cannot tell who it was, he passed so quickly—I did not see the candlestick thrown away—I saw the man go out of the garden gate.
EDWARD BRIDGEN .(police-constable S 125.) On the evening of the 18th of July, I was passing No. 24, North-bank, and heard a cry of "Stop thief"—I turned, and saw the prisoner come out of the gate, and run off with something—I followed, crying "Stop thief"—he found I was pursuing him, and threw it over Mr. Wymes's garden—he was stopped by my brother constable—I came up as he stopped him—we took him back to Mr. Reeves, and then to the station-house—I went to Mr. Wymes's garden and found this silver candlestick.
Prisoner's Defence. I was walking along the road, and these two policemen stopped me—they said I was their prisoner—they took me to this gentleman's garden—the policemen asked them if I was the man that was
in the garden—he said he did not know who it was—then the policemen said, "You had better give him in charge"—I had nothing on me—they went out and returned with two candlesticks, and charged me with stealing them.
GUILTY . * Aged 19.— Transported for Seven Years.
SARAH BOSWELL . I am servant to Elizabeth Gregory, of Mecklenburgh-terrace, Grays Inn-road. On the evening of the 11th of July I was at the corner of the terrace, and saw the prisoner coming out of the back parlour with my two cloaks and a shawl—I stopped him, and he dropped them.
Prisoner's Defence. I heard the cry of "Stop thief"—I ran, and was taken.
GUILTY . Aged 19.— Confined Six Months.
ELIZABETH FREEBORN . I live at Boar's Head-court, Fleet-street. The prisoner and her daughter took a furnished room of me, and she left me—I lent her a shawl the night she left, and she was to have returned it the same night, but she never did, and I missed another shawl—I indict her for the one I lent her.
Prisoner. I left a cloak at her house. Witness. It is a very old one—I lost several things.
JOHN JONES .(City police-constable, No. 216.) I took the prisoner on Holborn-bridge—she said she pawned the shawl at Westminster-road or Blackfriars-road—I went to several places, but could not find it.
Prisoner's Defence. The prosecutrix lent me the shawl to go to the theatre with her two sons—it was pledged on the 5th of July, and the duplicate was lost—I have nothing to plead but poverty.
NOT GUILTY .
MARY ANN PARRY . I am the wife of Hugh Henry Parry. The prisoner was my servant—on the 15th of July I missed a sovereign out of a tin box—I charged her with stealing it—she denied it, and a few days after I heard she was spending a great deal of money—she was taken to the station-house, and in my presence at the station-house she said she did take it, and changed it at the public-house—only 8s. were found on her—she is without a mother, and her brother induced me to take her—I only had her four days.
JOHN WILLS .(police-constable C 185.) The prisoner was given in charge on the night of the 23rd—I heard her say at the station-house she had taken the sovereign and changed it at the Thirteen Cantons public-house, in Litchfield-street.
(The prisoner received a good character.)
GUILTY. Aged 14.—Recommended to mercy. — Confined One Week.
PHILIP NUNAN SCANLAN . On the 16th of July I was returning home through Wych-street, Strand—I felt a tug at my pocket—I turned round immediately, and saw the prisoner drop ray handkerchief—I seized him, and took it up—this is it—a mob collected, and one person said he was not the person who robbed me—I said that might be, but I saw him drop it, and I gave him in charge.
Prisoner's Defence. I did not take it—my hands were in my pocket.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Three Months.
JOHN CARTER . The prisoner was in my service as assistant baker—he was to receive money, and pay it in the same day—if he received 3l. on the 23rd of July, he only paid me 2l. of it—if he received 1l. 4s. 11d. on the 24th, he has not paid it.
GUILTY . Aged 17.— Confined Six Months.
2205. ELICIA BURGESS was indicted for stealing, on the 1st of July, 2 pillows, value 6s.; 2 pillow-cases, value 1s.; 2 blankets, value 6s.; 2 sheets, value 6s.; and I table-cloth, value 1s.; the goods of George Alexander Stannard Allcorn.
GEORGE ALEXANDER STANNARD ALLCORN . On the 29th of June I let the prisoner a furnished lodging—in consequence of information on the 8th of July I went to her, and said, "I understand you have taken a great deal of my property out of the room"—she said, "No, I have taken a little"—I gave her in charge.
Prisoner. I said I would redeem them in a few days. Witness. I never heard you say so.
Prisoner's Defence. I intended redeeming them in a few days, when I could finish my needle-work, which I told the prosecutor, but that did not satisfy him.
GUILTY . Aged 48.— Confined Three Months.
2206. SARAH JOHNSON was indicted for stealing, on the 18th of July, 4 pairs of stockings, value 1s. 6d.;2 nightcaps, value 6d.;3 yards of lace, value 2d.;3 yards of net, value 2d.;4 handkerchiefs, value 6d.; and I candlestick, value 3d.; the goods of Charlotte Augusta Leader.
ing of the 18th of July, I was going down stairs with some water, and saw the prisoner enter the house and go up stairs; and before I had time to get the water, she came down again, and left with some property in her apron—I went up stairs and missed these things.
Cross-examined by MR. PHILLIPS. Q. Did you speak to her? A. No, I had not time before she shut the street-door—I was so frightened I could not go after her—she did not appear sober.
ELIZABETH DOMINICA . I live in that house. My niece gave me information—I went out, saw the prisoner, followed her to a house in Leg-alley, I asked her what she went into our house for—she said the had not been in our house—I said she had—I had not left her for one minute—I asked what she had in her apron, and she dropped it with these things in it—she said if I gave charge of her she would have my life—she kicked me and struck me—she was drunk.
GUILTY . Aged 29.— Confined Three Months.
FRANCIS POPE . I am a tinman, and live in Cock-lane, Bethnal-green. On the 1st of June the prisoner came to my stall, in Pitfield-street, and ordered me to take some saucepans to a lady at No. 7 or 8, New Gloucester-terrace—he said he had been there to take some shoes, and she wished my boy to take some—I went myself, and when I had got half-way up Pitfield-street, he said he had to order some coals for the same lady—he went away, and I did not see him till five weeks after—I am certain he is the man.
Prisoner's Defence. I never saw them.
GUILTY . Aged 22.— Confined Three Months.
2208. MARGARET MARNEY was indicted for stealing, on the 19th of July, 2 sovereigns and 16 shillings, the monies of Edward Long, from his person; and ROBERT TANTONY , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
EDWARD LONG . I am a journeyman ship-joiner, and live in Leicester-street, Blackwall. On the 19th of July, between nine and ten o'clock at night I was in the Red Lion public-house, Poplar, and met the prisoner Marney—I was drunk—we stopped there till twelve o'clock—I then went to the Harrow public-house, and stood some gin—I am sure I had three sovereigns in my pocket at that time—I changed a sovereign to pay for half-a-pint of gin—I put three shillings into my pocket, the two sovereigns and the rest into my fob pocket—I went home to her house, No. 2, Red Lion-court, with intent of stopping with her that night—she told me to go to bed, and she would be there very soon—she asked for some money to get some gin or what she liked—I had 5d. In copper in my pocket, which I gave her—I thought she was gone to get it, but she did not go out of the house—I put on my trowsers, and came down to look after her—she asked me for more money—I told her I had no more—she said she would feel whether I had or not—she felt my fob pocket, and as soon as she had done so she went to the mantel-piece and began to rumple some papers about—I said, "You have got all my money," and I found it was gone—she said she was going
to the Harrow public-house—I went also, she met Tantony there, and after staying a little time I went to sleep, and did not awake until three or four o'clock, when I went to the policeman and gave charge of them—two sovereigns and two-pence were found—I am sure, that at the time she had her hand in my pocket, I had some money in it.
Cross-examined by MR. PHILLIPS. Q. You begin your deposition with these words, "I was very drunk; "were you so?" A. Yes—my memory is so good when I am drunk that I can recollect the least thing—I have told all that happened—after I had made the disturbance about the money, she threw me down the 3s. I had given her, and said she did not want my lousy three shillings—when I picked up the 3s. she said, "Now I am going to the Harrow again"—I had the key of the street-door—I went into the tap-room with her—she asked if I was going to stand any thing to drink—the landlady changed the sovereign for me—I told the landlady I had charged this woman with robbing me—Marney asked me then would stand something to drink—I said I would stand no more—I if I went off to sleep.
Q. Why did you not give charge of her? A. Because I wished to leave it alone till the morning—I was not at the Harrow public-house above ten minutes before I went to sleep—that was after I had charged her in her own room with robbing me—I put 2l. 16s. Into my fob pocket—I had changed a sovereign, to pay for half-a-pint of gin—we had a quartern of gin at the Red Lion, and I believe I had been having some beer by myself—I had beer and gin after I met her—I paid eight-pence at the Harrow public-house—the prisoner went to the mantel-piece in her room—I have not found the sixteen shillings—I cannot say why I did not give charge of her at the Harrow public-house, only I wished to leave it till the morning, that I might have the chance of seeing a policeman—I cannot give any notion how much beer and gin I drank that night—I had been paid at the Britannia public-house, and drank about a pot of beer with my mates—a little will make me drunk sometimes—I went to the Harrow public-house, and had half-a-pint of gin with the prisoner and one or two whom she might ask to drink—the prisoner Tantony was there.
COURT. Q. Are you sure when you were at her house, you had the two sovereigns in your fob? A. Yes, I am quite sure of it, and the sixteen shillings; and I am sure when I came out, they were gone—there was no one there but her and me.
CHARLES HAGAR .(police-constable K 271.) I was sent for about three or four o'clock the next morning, to No. 2, Red Lion-court—I know the prisoners well, they cohabit together—I knocked at their door for some time, when Tantony answered at the window, and said to the prosecutor, "What the hell are you making so much noise for at this time in the morning"—I stood on one. side—after some time, I beard Tantony come down stairs—I thought he was gone to the back garden—I got on a little wall, and looked over—I saw him go to the bottom of the garden, and stooping and raking some mould on one side—he then put the mould over it again—he stood up, and looked at it—stooped, and put a little more mould on it—I got down, and told Dennis—we then began to kick at the front door—Tantony came and opened it—I asked him if Mog was in which is the name that Marney goes by)—he said "Yes; what is amiss?"—I told him—he called to her—she dressed, and came down, and the prosecutor
said she had had it—she denied it—after she was told about being taken into custody, she said, "How can you tell such a lie, to say I took your money, when you know you left a sovereign under the bolster?"—I said to her, "You had better show us where that is"—Tantony and Dennis went up stairs—they said they could not find it—I said to Marney, "You had better go and see"—she went up—I went into the back garden, and found this sovereign in a piece of rag, where I had seen Tantony bury something—I found 1s. 3d. In Tantony's pocket—I then took him to the station-house—when I got there, I shewed him the sovereign which I had found, and he said to Marney, "The b—y money has done us, Mog"—she said it was not one of the sovereigns, and had nothing to do with it—Tantony said, "You know it is."
Cross-examined. Q. Are you sure of that? A. Yes—I never swore that he said the sovereign had nothing do to with it—he said the money had done them.
JAMES DENNIS .(police-constable K 71.) I went with Hagar to the prisoner's house—Marney denied having robbed the prosecutor, and said she knew nothing of the money—she then said be had left a sovereign under the bolster—I went up, and could not find it—Marney then came up, the clothes were shaken, and this sovereign fell—I heard Tantony say the b—y money had sold them.
Cross-examined. Q. Did you tell that to the Magistrate? A. No—the prosecutor and my brother officer were at the station-house when Tantony used that expression.
MARNEY— GUILTY . Aged 21.
TANTONY— GUILTY . Aged 23.
Confined Nine Months.
First Jury, before Mr. Common Sergeant.
GUILTY . Aged 27.— Confined One Month.
GUILTY . Aged 21.— Confined Three Months.
GEORGE DAVIS . I live in Little Compton-street. I was in the Strand and had just passed the prosecutor—I saw the prisoner with another boy about his height, and a young man—I turned round and saw the prosecutor's coat move, and something light pass from the other boy to the prisoner—they immediately passed the prosecutor—I told the prosecutor, and then went after them—the other two made their escape—I took the prisoner, and upon pulling open his jacket I took this handkerchief from his pocket.
Cross-examined by MR. DOANE. Q. How near was he to the prosecutor when you saw something pass? A. Very close—I was about two
yards off—I am sure this is the boy I found it on—he never went out of my custody after.
(Ann Lane, a laundress, gave the prisoner a good character.)
GUILTY . Aged 14.— Transported for Ten Years—Isle of Wight.
2212. JOSEPH LUCK and JOHN CONYERS were indicted for stealing, on the 29th of July, 42 lbs. weight of rope, value 3s. and I wedge, value 6d. the goods of William James Wilson, in a certain wharf adjacent to the navigable river Lea.
WILLIAM JAMES WILSON . I am a timber-merchant at Bromley. On the 29th of July, in consequence of information, I went over a bank, looked over the reeds, and saw the two prisoners—I sent a man, and he found them among the reeds—I had some rope and a wedge on a wharf of the river Lea—I had seen them about half an hour before—these are them.
JOHN YEARLING . I am a toll-collector on the iron bridge over the Lea. I saw a boy's head, and kept my eye on the place, and saw no more—I turned again and saw Conyers—I kept my eyes fixed on him, he dodged behind a stack of reeds—I kept my eye on the place, and out came Luck with this bundle—I gave the alarm, and Luck hove himself and this bundle into the dock, and got in among some reeds—I got up higher, and never lost sight of the place till the prisoners were taken.
THOMAS BRUCE. I went and found the two prisoners stooping down—I took them.
Luck. We were looking out for birds' nests.
(Conyers received a good character.)
LUCK— GUILTY . Aged 15.— Confined Six Months.
CONYERS— GUILTY . Aged 16.— Confined One Month.
CHARLES GALE . I live with Frederick Crook, a wine-merchant, in Rathbone-place. On the 31st of July I was taking two dozen of wine from Mr. Abbott's near the Regent's Circus, to my master's in two baskets—I saw the prisoner, and asked him to help me down with them, which he did—I waited some time, and then asked him to help me up with them, and while he did so, I suppose he took one bottle, for when I got home one was deficient—I went out, and found the prisoner with the bottle in his pocket—he first said it did not belong to me, and then said it was mine, and I might have it.
Cross-examined by MR. BALLANTINE. Q. These bottles were delivered to you at Mr. Abbott's? A. Yes—the cork of one of them was marked, and that was the one the prisoner took.
GUILTY. Aged 19.—Recommended to mercy— Confined Three Days.
2214. MARY BROWN was indicted for stealing, on the 18th of July, 1 watch, value 1l. 1 gown, value 6s. 2 petticoats, value 3s. 6d. 1 shift, value 1s. 6d. 1 apron, value 9d. and 2 handkerchiefs, value 3s. 6d. the goods of John Deards.
MARIA DEARDS . I am the wife of John Deards, he lives in Angel-gardens, Shad well. At half-past twelve o'clock, on the 18th of July, I went for something for supper—I locked my door, and left my husband
asleep, as he was very tired—I came back in half an hour—my door was burst open, and my husband fast asleep—all these things were in a drawer—when I came back the drawer was open, and every thing stripped out—I gave information at the station-house—these things are mine—the watch has not been found—I knew the prisoner, she had been at my house before—the drawer was not locked.
CHARLES GILL .(police-constable K 59.) On the 19th of July, about one o'clock in the morning, I met the prisoner at the top of Dock-street, with a bundle under her apron—I asked what it was—she said a gown she had been getting from the washerwoman—I asked if it contained any thing else—she said, "No," but it contained this gown, petticoat, and shift.
Prisoner. A. girl named Flash Kit gave them to me, and she had a witch with her.
GUILTY . * Aged 20.— Confined Three Months.
WILLIAM GARDNER . Between three and four o'clock in the afternoon of the 12th of July, I saw Mr. Chapman's cart in Wood-lane, Isleworth—the two prisoners began to pull the fruit from the cart, and to throw the pottles into the hedge—I cannot say how many, but there were six pottles found in the hedge—I found some raspberries in Nias's trowsers-pocket, and some in his jacket-pocket.
Cross-examined by MR. HORRY. Q. Did you not say at one time you saw several boys taking fruit? A. There were more than half a dozen—I do not swear that I saw Hester take any.
JACOB CROWTHER . I am a police-constable of Isleworth. The prisoners were given to me—I asked Nias if he took the fruit, he said, "Yes,"—I asked Hester why he took it—he said he wanted a little, and he only took two pottles.
HESTER— GUILTY . Aged 16.— Confined Four Days, and Whipped.
NIAS— GUILTY . Aged 12.—Recommended to mercy.
Confined Four Days.
2216. JOHN CAIN and GEORGE HALLETT were indicted for stealing, on the 29th of June, 16 yards of carpet, value 1l. 15s. the goods of Peter Ludgate, and another: and that Cam had been before convicted of felony; to which Cain pleaded
GUILTY . Aged 20.— Transported for Seven Years.
ARCHILAUS DODD . I am in the service of Peter Ludgate and Charles Burt. On the 29th of June I missed some carpet from our house, in Carthusian-street, Charter-house-square—a boy came and gave information—Cain was brought back by a young man, and the carpet—I know nothing about Hallett.
JOHN MATTOCK . I am a tailor, and live opposite the prosecutor. I was in my shop on the 29th of June, about half-past two o'clock—I saw Cain standing on the step of the prosecutor's door, and Hallett looking in
at the window—I saw Hallett make a motion with his left hand, and Cain draw back a little—then Hallett made a motion the other way with his hand, Cain went in and took the roll of carpet, end put it under his arm—he walked out, and as he passed Hallett, Cain smiled—I ran out of the shop, and caught Cain with the carpet—I know Hallett by the mark on his chin.
Hallet. Q. Where was? A. On the pavement, as I passed in the middle of the road—I did not see you when Cain was brought back.
JAMES BRANNAN .(police-sergeant G 20.) I was in Old-street, in plain clothes, and saw Hallett rush into a mob where a man was dinging—knowing he was wanted I took him—he said, "Because I have been two or three times with Cain, I am to be taken every time he it in custody"—I said, "You are charged with being with him, when he took a roll of carpet in Carthusian-street."
HALLETT*— GUILTY . Aged 21.— Transported for Seven Years.
WILLIAM BEER MILDON . I am a tailor, and live in William-street, Pimlico. The prisoner lodged in the same room for about a week—on the 28th of July I went to bed at about a quarter after ten o'clock—I looked at my money—I had one sovereign, one shilling, and two sixpences—I marked the sovereign with my teeth, as I had suspicion of him—I had missed nothing—I tied my money up in my pocket-handkerchief, and put it into my coat-pocket, in a chair by my bed-side—I did not hear the prisoner come home that night, but the next morning I got up about half-past five o'clock—my handkerchief was on my hat "on the table—I searched my pocket, and the money was gone—I said nothing to the prisoner, but went and told the landlord—he came to the bed-room with me—I accused the prisoner of robbing me—he said I was a d—d liar, he was as likely to have a sovereign as me—I said, "Will you allow me to look?"—he said yes, for he had nothing—I took the sovereign out of his trowsers'-pocket—I would swear to it—I told the landlord to wait—I got an officer, and gave him in charge—the shilling was found in his other pocket, at the station-house—we went back, and found one of the sixpences inside the bed-clothes, where he had been lying.
Prisoner. Q. Where were you when I came in? A. In bed—I was out on Saturday night, but on Sunday night I was in bed sober—I marked the sovereign, because I thought you were a rogue.
THOMAS BOWEN . I am the prosecutor's landlord—he acquainted me with his loss—I went up stairs—the prisoner was in bed—the prosecutor told him he was robbed, and asked him if he would give him leave to search him—he said "yes"—he said he had no money—the prosecutor took up his trowsers, and found a sovereign in one of the pockets, and said, "This is my sovereign, it is a new one; I received it on Saturday night"—the prisoner said, "Why may not I have a sovereign as well as you?"
Prisoner's Defence. The prosecutor put the sovereign in his month directly he got it out of my pocket, and said he had filed it, because there were so many bad ones about—I had received 1l. 10s. of my master, and when I came home, the prosecutor was on the bed asleep—I shook him, and awoke him—he said he was very tired—I helped him off with his boots, and then he went to bed—he got up early in the morning, but I did not get up so soon—I could have taken the sovereign, and made away with it while he went down, had I chosen.
GUILTY . Aged 35.— Confined Three Months.
THOMAS HODGES . I live in Tottenham Court-road, and am a linendraper. On the 23rd of July, about five o'clock in the afternoon, I received information, and went out—I found the prisoner in the street, with this piece of print in her apron—it is mine, and had been just inside my door—I saw it safe ten minutes before.
Prisoner. There were two young women with me—they took it, and gave it to me. Witness. There were two young women with you, but you took it.
GUILTY . Aged 20.— Confined Three Months.
HARROLD JOHN HOLMES . I keep the Turk's Head public-house, in Turnmill-street, Clerkenwell. On the 18th of July, the prisoner was at my house about 10 or 11 o'clock at night—I have missed a great many pots—these two pots are mine.
Prisoner. I know nothing about it—I was drunk in his house all day. Witness. It is false.
THOMAS TRIGG .(police-constable G 214.) I was on duty that evening about 11 o'clock, and saw the prisoner come out of the prosecutor's house, holding up her apron—I asked what she had got—she said it was no business of mine—I found these two pots in it—she was not intoxicated.
GUILTY . Aged 44.— Confined Three Months.
MARY DURSTON . I am the wife of Abraham Durston, of Queen-street, Holborn. The prisoner was in my service for four months—she left on the 12th of June—I afterwards missed two rings from a small work-box—I sent for her, and told her it was on some very unpleasant business—she said, "Yes, I suspect it is about those rings"—I asked if she knew any thing about them—she said she did, that a young girl who was my apprentice gave them to her—these are my rings—(looking at them.)
Prisoner. She gave them to me, and said a young man gave them to her. Witness. I never gave them to her, and never knew she had them.
Covent-garden, a pawnbroker. This ring was pawned to the best of my belief by the prisoner.
GUILTY. Aged 16.—Recommended to mercy. — Confined One Month.
THOMAS STANDRING . I live in Great Windmill-street, and am a fruiterer. I purchased a quantity of cherries in a basket in Covent-garden market—I left them by the side of my cart—I missed them—this is the basket.
THOMAS BLOSSETT . I am a constable of Covent-garden market. I saw the prisoner on the 13th of July take this basket of cherries off the others, which was standing by the prosecutor's cart—he walked away under the piazza—he was going to put it down, and I took him.
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy. — Confined One Month.
Fifth Jury, before Mr. Sergeant Arabin.
SARAH ISABELLA CHALK . I am housemaid to Mr. Paulus Emilius Pauli, a merchant, who lives in Park villas, Regent's-park. On the 23rd of July I had been out, and was returning home at half-past four o'clock in the evening—I met the prisoner at the top of the steps leading up from the kitchen—he was coming out of the house—he said, "I have seen the cook"—I said, "Have you," that was all—he then went away—I followed him to the gate, saw him join another man, and they both ran away together—I went down stairs to the butler's pantry, and opened the plate box—I saw two of the divisions were empty—it had been all safe when I left it an hour before—I went out, met a policeman, and told him that a man had robbed the house—I described the prisoner—the policeman went after him—he was secured and taken—I am sure he is the person—all the plate has been found.
Cross-examined by MR. DOANE. Q. Is the cook here? A. No—I do not know where the other roan is—he was about one hundred yards from the house when I saw the prisoner join him—my master is a German—I have seen him sign his names as they are in this indictment.
JOHN HYSLOP .(police-constable S 195.) I received information, and followed the prisoner and another man—they were running down Clarence-street—finding they were getting on too fast for me, I met a man exercising a pair of horses, and begged him to gallop after them, and call "Stop thief," as they had robbed a house in Park Villas—he did so, and several persons pursued—the prisoner was secured, but he had thrown the plate away in different directions.
JOHN WELLS . I am an errand-boy. I was going up Chester-terrace between four and five o'clock in the afternoon—I saw the prisoner come running down Chester-place—he said nothing to me, but he was close to me—he took something out of his breast and threw it over a garden—it sounded like glass, and as he took that out I saw some silver forks in his bosom—I watched him, and saw him take out two spoons, and throw them over the garden—he went a little further, then took out two more,
and threw them over—a gentleman ran off a step, threw him down, and two men came up—I went on my errand, and as I came back I looked into the garden, and saw these spoons—I got over, and got them—I took them to the station-house.
Cross-examined. Q. Did you not see the other man? A. No—I saw the prisoner taken.
JAMES DORSETT . I was going up Chester-terrace about half-past four or five o'clock, on the 23rd of July, and met the prisoner running down the terrace—he passed me, and said, "For God's sake don't stop me"—just before that I saw him take something from his breast and throw it over a wall—I heard some persons call, "Stop thief," and Joseph Clark ran from a step of a door and threw the prisoner down—I got over the wall and got two forks—I gave them to Clarke.
WILLIAM DRAYSON . I am a porter. I was standing at the head of a pair of horses—I heard a horse come galloping down the street, and the man was calling, "Stop thief"—I gave the horses to the coachman, and ran to Chester-terrace—I saw the prisoner throw something over a wall into a garden—I called, "Stop thief"—Joseph Clark ran from a step of a door and knocked him down.
GUILTY . Aged 22.— Transported for Ten Years.
2223. GEORGE DE LA SALLE and AUGUSTUS MOHDAUNT were indicted for stealing, on the 4th of July, 290 gun-springs, value 3l. 10s. 1 tool, called a swaig, value 2l. 2 coats, value 2l. 3 waistcoats, value 1l. 1 gown, value 1l. and 1 pistol, value 5s. the goods of John Purdy, their master, in his dwelling-house; to which DE LA SALLE pleaded
GUILTY . Aged 20.— Confined One Year.
JOHN PURDY . I am a gun-spring maker, and live in Marmont-street, in the parish of St. George. The prisoner De la Salle is my wife's brother, and Mordaunt was my journeyman—on the night of the 3rd of July I went to bed at twelve o'clock, and left every thing safe—about two o'clock in the morning De la Salle came to me for a light, and said he was bad in his inside—about half-past five o'clock in the morning I went down, and missed a parcel of 350 springs, which I had done up the evening before for the Board of Ordnance, and some of the springs were lying about—I missed a great coat and the other things stated, to the value of about 10l.—I went to the Tower, to make it known that I had been robbed of these springs—I was told Mr. Manton was at Birmingham—I wrote to him, that if they should be offered for sale there to stop them, as I knew that they could not be sold in London—the prisoners were taken at Birmingham—Mordaunt had worked for me for nine days—I took him from De la Salle's recommendation—this is the gown which the prisoner had pawned—the springs were delivered back to me by order of the Magistrate, as the guns wore waiting for them at the Tower—I have only kept a sample of them—the other things are gone.
Mordaunt. Q. What did you give me in charge for? A. The property was found on you—you knew I was on the finish of this order, which I had been about for seven months—I am the only man in London who makes these springs.
JOSHUA REST FRANKISH . I am a police officer, and live at Birmingham. On the 11th of July, from information I received, I went to the proof-house, and apprehended the two prisoners for stealing springs belonging to Mr. Purdy—they said they had taken them, and left them at Mr. Aston's, but they had not sold them—they intended, if they got work, to send them back—I went to Mr. Aston's, and got 289 springs—I brought the prisoners to London—I found on Mordaunt this wedge, these two tools, and three duplicates—I found this gown at a pawnbroker's, and this handkerchief at another.
Mordaunt's Defence. De la Salle came to me, and said he had got some things, and meant to open a shop—he said he would give me meter wages.
MORDAUNT— GUILTY . Aged 18.— Confined Three Months.
2224. LOUISA WEST was indicted for stealing, on the 23rd of July, 1 night-gown, value 1s. 1 shirt, value 2s. 4 yards of linen cloth, value 7s. 1 fan, value 6d. 1 printed book, value 6d. 2 caps, value 5s. 3 yards of lace, value 4s. 1 handkerchief, value 2s. 1 towel, value 1s. 6d. 1 petticoat, value 3s. 1 yard of muslin, value 2s. and 1 table-cloth, value 2s. the goods of George Dunman.
ELLEN DUNMAN . I am the wife of George Dunman; he lives at James-place, Chelsea. The prisoner was our lodger, and occasionally assisted me in my work as a laundress—I missed some articles, and sent for a policeman—these two caps, a piece of lace, a hymn-book, and several other things, were found in her box.
(The prisoner pleaded distress.)
GUILTY . Aged 34.— Confined Six Months.
EDWARD TAYLOR . I am a Gresham professor of music. On the 26th of July I was in Gray's Inn-road, at half-past one o'clock at noon—a gentleman called to me across the street that a boy had picked my pocket—a cry. was raised to stop him—I saw the prisoner stopped, but before he was stopped he threw my handkerchief away—this is it.
ELIZABETH DISMORE . I am a widow. I was in the parlour of the Black Horse public-house, in York-street, Westminster, on the 23rd of July, taking some refreshment—the prisoner sat on my right hand—he was quite a stranger—I had changed a sovereign, and received seven half-crowns
and two shillings—I had paid some money away, and had the rest of the half crowns and some other silver in my right-hand pocket—I felt my dress move several times on the side where the prisoner sat, but I did not suspect him, till a person told me I was robbed—the prisoner was taken and searched in my presence, and four half-crowns, one shilling; and two pence found on him—I am confident I lost them out of my pocket.
Prisoner. She was with some soldiers, and was very much intoxicated. Witness. I was not—it was between ten and eleven o'clock at night
JOHN BURR . I am a writer. I was at the public-house, and sat next to the prisoner—I had not known him before—I had seen the prosecutrix before, but was not acquainted with her—a young man came to me and said, "I think she is being robbed"—I turned and saw the prisoner drawing his hand from her gown—I seized his hand, and found in it four half-crowns, one shilling, and two pence.
Prisoner's Defence. I had been hay-making the whole week, and that was the money I received for my week's work—I came from Uxbridge the same day.
GUILTY . * Aged 18.— Transported for Ten Years.
2227. MARY LAMBERT was indicted for stealing, on the 18th of June, 3 bottles, value 9d. 10 wine-glasses, value 13s. 1 sheet, value 3s. 6d. 1 spoon, value 6d. 1 printed book, value 1s. 1 brush, value 3d. and 1/2lb. weight of cake, value 1s. the goods of James Palmer, her master.
JOHN PALMER . I keep the Queen Victoria public-house, in Skinner-street, Clerkenwell. I employed the prisoner as a char-woman, and missed some property—I went to her room, and there found this box, this brush, the water-bottles and glasses, and other things, which are mine.
Cross-examined by MR. PAYNE. Q. Are you sure about these glasses? A. I had such, and I lost such as these—I can swear to this book—I lost such things as the others—the whole may be worth 1l.—I do not know that the prisoner was in distress—I found some money where she lived, and she had some money owing to her—she is a widow, and has one child.
Cross-examined. Q. Was she in distress? A. No; there was property in the room—she had no shift on, but her dress was comfortable for a working woman.
(William Samuel Stevens, oil-merchant; John Colden, Bridgewater-gardens; Ann Lutter, a widow; and William Wix, gold watch-case-maker; gave the prisoner a good character.)
GUILTY .—Aged 25.
ELIZABETH ANN TRAVERS . I am single, and live in St. John-street-road. In March, I employed the prisoner as a char-woman, and for several months before—the property mentioned is mine—I went to her lodging and saw it, and at the station-house—I knew it to be mine.
Cross-examined. Q. Had you missed these articles at all? A. Yes;
some of them—this ring I lost last December—she was working at my house at the time—they are not of great value, but there is a very large quantity of them.
GUILTY . Aged 25.— Transported for Seven Years.
WILLIAM STOKES . I keep the Duke's Head public-house, in Great Peter-street, Westminster. Between twelve and one o'clock at night on the 22nd of July, the house was closed, I was trying to get the people away as fast as possible—there were seven left—the prisoner was one of them—they worked at the gas-works—I had stopped serving them, and told them it was time to go—I had coppers in the till in the bar—it was locked, and the key left in it—I left to see all fast in, the back part of the house, and on my returning, the prisoner had got his hand on the till, and was taking the coppers out—I collared him, and called for assistance—he got hold of me—my wife came, and got his hands from me—he got from me, and tried to get out—the policeman came and took him—I found 101/2d. In his hand—he gave me that—I have known him a long time—I never knew any thing against him.
Cross-examined by MR. DOANE. Q. Had he been drinking at the house? A. No—he did not want a gallon of beer booked—some other man did—he did not offer me 101/2d.—there was no transaction about paying 101/2d. and wanting me to book 5d.—they called for half-a-pint of gin and cloves, and a gallon of beer, and gave me 6d., and wanted me to put down the beer—I said, I would not—I took the beer back, and when I returned, the beer was gone—I cannot say who took it.
NOT GUILTY .
WILLIAM WEBB . On the 22nd of July, at half-past two o'clock, I saw the prisoner near the prosecutor's shop with another young lad—I saw them stand talking together—the prisoner went in and walked round the counter, opened the till, and took some money out—he came out and ran away, and when they came to Mr. Gravenor's, the prisoner dropped a shilling—he picked it up again—he said to the other, "Will you take the lot?"—he said, "No, I will not take the lot, as I shall be in for it as well as you"—they both ran away, and were taken in a quarter of an hour—I am sure he is the same boy.
SAMUEL COLE . I am in the employ of Mr. Joseph Salmon, who is a baker. I was in the passage, and saw the prisoner run out of the shop—there was another boy at the step of the door—I came into the shop, and saw the till open—it had been shut before he came in—the policeman brought him back—I do not know what was in the till—I missed 9s. or 10s.—I had seen it a short time before shut and safe—I was not absent more than a minute.
he did not know any thing about it—I found three shillings and three thimbles on him.
GUILTY . Aged 17.— Transported for Seven Years.
2231. HENRY BENNETT was indicted for stealing, on the 10th October, 1 bed, value 17s. 1 bolster, value 4s. 6 sheets, value 4s. 3 blankets, value 3s. 1 quilt, value 1s. 2 rugs, value 1s. 6d. 1 chest, value 2s. 6d. 6 chairs, value 12s. 1 table, value 5s. 1 tea-board, value 6d. 1 clock, value 3s. 1 fender, value 1s. 1 set of fire irons, value 1s. 6d. 1 tub, value 1s. 6d. and 4 salt cellars, value 1s., the goods of Jonathan Nash.
WILLIAM STRANSON . I am the broker—I distrained on the prisoner for 6l. 2s. 6d.—he offered to sell Mr. Nash the goods for 4l. 10s., and agreed to rent them of him—Mr. Nash allowed him to continue in the house, and he was to pay 6d. a week for the use of the goods—I saw the paper signed by Mr. Nash, to agree to let the prisoner have the use of the goods after I had taken possession of them.
SAMUEL GRANGER . I live at Uxbridge—I was employed by the broker, and made the seizure—the things were all there, and all right then—I went to the place on the 12th of October, the prisoner and all the things were then gone—I do not know who took them.
FRANCIS WEEDON . I am a constable of Hillingdon—I apprehended the prisoner at Hackney—I charged him with taking Mr. Nash's goods away—he said he had made a bad job of it, and was sorry for it—that he sold the bed and the table to get bread for himself and family.
NOT GUILTY .
2232. JOHN FRANKLIN and JANE FRANKLIN were indicted for stealing, on the 8th of January, 2 blankets, value 10s. 1 bolster, value 2s. 1 looking-glass and frame, value 1s. 1 set of fire irons, value 3s. 1 pair of bellows, value 2s. 1 coverlid, value 3s. 1 set of bed furniture, value 4s. 1 flat iron, value 6d. 1 counterpane, value 4s. and 4 sheets, value 6s., the goods of John Clarke.
SARAH CLARKE . I am the wife of John Clarke—we live in Turnmill-street, Clerkenwell—the prisoners came together and took my first floor front room, on the 22nd of December, at 4s. a week—they staid seven months—they owed me 10s.—on the Saturday before they were to leave I missed this property.
WILLIAM LEWIS . I am a pawnbroker and live on Eyre-street Hill—I produce a pair of bellows pawned for 9d., 2 pillows, for 2s., a bolster, for 1s., and some fire irons, for 1s.—two of the articles were pawned by Jane Franklin—I do not know who pawned the others.
(Jane Franklin received a good character.)
JOHN FRANKLIN— NOT GUILTY . JANE FRANKLIN— GUILTY . Aged 23.
(Property produced and sworn to.)
JOHN FRANKLIN— NOT GUILTY .
JANE FRANKLIN— GUILTY . Aged 23.— Confined Four Months.
2234. HARRIET LEWIS was indicted for stealing, on the 23rd of July, 1 watch, value 2l. 1 watch key, value 4s. 3 pairs of boots, value 10s. 1 handkerchief, value 5s. and 1 knife, value 5s., the goods of Charles Abbott, her master.
CHARLES ABBOTT . I am a boot and shoemaker, and live in Jermyn-street, St. James's—the prisoner was in my service about six weeks—she was dismissed, and in a few days after I missed the watch and other things stated—on the 23rd of July, I met her in St. James's-park, and requested her to come home with me, or I would give her into custody—she accompanied me home, and I said I had missed my watch, and had reason to suspect her—he denied it in the most positive manner—I gave her in charge.
JOHN PRATT . I am a private in the First Regiment of Grenadier Guards—I fell in with the prisoner at the King's Head public-house, Knights-bridge, on the 21st of July—she asked me to take a glass of ale—she asked me to meet her the next evening, and said she would make me a present of a watch—I went, and she gave it if me—I asked if it was her own, she said, "Yes"—I pawned it.
GUILTY . Aged 19.— Transported for Seven Years.—Penitentiary.
OLD COURT.—Thursday, August 15th, 1839.
Second Jury, before Mr. Sergeant Arabin.
2235. JOHN OXLEY GREEN PITT was indicted for stealing a letter, containing 1 sovereign and 1 half-sovereign, the monies of Thomas William, Earl of Lichfield, her Majesty's Postmaster-General; he being employed by and under the General Post-office; to which he pleaded
GUILTY . Aged 15.— Transported for Seven Years.
2236. ENEAS HICKEY was indicted for feloniously assaulting John Jenkins, on the 27th of July, putting him in fear, and in danger of his life, and taking from his person, and against his will, 1 half-sovereign, 1 half-crown, 4 shillings, 1 sixpence, and 4d. In copper, his monies; and at thetimeof and immediately after the said robbery, feloniously striking and beating him.
JOHN JENKINS . I am a journeyman-saddler and harness-maker, and live in East-street, Marylebone. I work for Mr. Kipps, coach-maker, in Great Marylebone-street—on Saturday, the 27th of July, about half-past twelve o'clock at night, I was in East-street, coming home—I had a small parcel with me, containing a few articles, which I had been purchasing—I saw four persons standing talking together—they appeared to me to be in company—I knew them all by sight well—the prisoner, who was one of them, came up to me, and said, "Old chap, are you going to give me any thing to drink?"—I said, "No, I am going home"—immediately afterwards he caught me round the waist with his left arm, held me tight, and, with his right hand, caught hold of my right-hand waistcoat-pocket, and tore it clean out—he held me, and took it by force—it contained a half-sovereign, a half-crown, four shillings, a sixpence, and 4d. In coppers—I am quite certain that was in my pocket—one of the other men, named Burns, immediately came up, and knocked me down—they all four then ran down Dock-court—I immediately got up, and called "Police" as loud as I could, but there was no one handy—I went into Baker-street, met two policemen, and told them—I described the men to them, and told them how they were dressed—I then went home—f was called up about three quarters of an hour afterwards by a policeman—I went to the station-house, and saw the prisoner there in custody—I knew him perfectly well as soon as I saw him—I positively swear he is the man that took my waistcoat-pocket and money—Burns was taken into custody the same night, about half an hour after.
Cross-examined by MR. PAYNE. Q. What had you been about this evening? A. Nothing particular—I had merely been into Crawford-street, to a friend's, and to purchase a few articles—I had left off work about half-past eight o'clock, or a quarter to nine—this happened at half-past twelve o'clock—I had my supper at an eating-house in East-street, but I had nothing at all to drink—I suppose I had taken about three quarters of a pint of ale that day, no more—I felt my money safe about half an hour before it was lost—I cannot positively say whether the prisoner was sober or not, but I believe he was not—I have never seen my pocket or money since—I has never spoken to the prisoner before—I was not at all acquainted with him, except by sight—this happened in quite a public place, at the corner of Paddington-street—the prisoner did not strike me at all—he only held me tight, took my pocket, and ran off—I was afterwards struck by Burns—I saw Burns at the station-house when he was taken, and swore to him there, and before the Magistrate as well—I do not know why he is not here—I never had any doubt about him or the prisoner either.
COURT. Q. Where was the prisoner when Burns knocked you down? A. He ran down the court immediately—it was all done within half a second.
JOHN SHOULER .(police-constable D 155.) I was coming down East-street about half-past twelve o'clock on this Saturday night, and saw the prisoner running as hard as he could, at the top of East-street and Davis-street—seeing him look back several times, I thought something was wrong—I afterwards heard of the robbery, and tried to find the prosecutor, but he had gone another way—I met the two policemen he spoke to, who told
me where he lived—I went to his house, and told him I thought I could apprehend the party—as I went to the station-house I met the prisoner going down Thayer-street—I told him I wanted him on suspicion of committing a robbery in East-street—he said, "I don't know any thing about it"—I took him to the station-house—the prosecutor came there, and identified him directly—I also took the other three—at least, two of them came to the station-house, and Burns I took in Oxford-street—the prosecutor identified him as well, and said be was the one that bad knocked him down—they were all four taken before the Magistrate, Mr. Rawlinson—the prisoner was committed, and the other three kept all day, and discharged at night—I found a half-crown and three shillings on the prisoner—I had teen them all four together, drinking, after the robbery took place; and I also saw them all four together not five minutes before it took place.
Cross-examined. Q. Who was with the prisoner when you took him? A. One of the others—it was in Paddington-street—I saw them all together after this happened—they got into a coach, and went away somewhere—I took the prisoner in Thayer-street, very near half a mile from East-street—I did not take the other, only the prisoner—the other two, Ford and Prendergast, came to the station-house with him, and were detained, as the prosecutor identified them—he swore to all the men, especially to Burns, and said that he held him, and knocked him down afterwards, but the Magistrate let him go.
COURT. Q. Did the prisoner appear perfectly in his senses and sober? A. Quite so.
GUILTY . Aged 19.— Transported for Fifteen Years.
Before Mr. Justice Williams.
MR. PHILLIPS.conducted the Prosecution.
BENJAMIN SOMERVILLE . I am a baker, and live at Harefield. On the 3rd of August, I saw the deceased Moses gates at his stall, about a quarter or half-past nine o'clock in the evening—I was between five and six yards from his stall, as near as I can guess—I heard tome noise at the stall, and on looking towards it, I saw Gates strike the prisoner twice on the side of the head—I am quite sure I saw two blows—he said he would not cut and maul his salmon about for him—the prisoner then went away a little distance, and returned in half-a-minute—he was saucy to Gates, but I did not hear the words distinctly—Gates ran after him two or three yards—he then came back, and Coker followed him, and said if he bit him again, he would not run away, he would give him something for himself—Gates again ran after him, and just struck him with his finger on the head, as his hand could just reach him—it was his open hand—Gates immediately after came back, and said he had stabbed him—there was a candle in a lantern there, and I observed a cut in Gates's trowsers, just about the stomach, when he made the exclamation, and the blood was running—the light was taken out of the lantern, and one button of his trowsers was undone—he afterwards went to the doctor's.
Cross-examined by MR. JONES. Q. You were five or six yards from Gates's stall when you first observed them? A. Yes—I did not observe whether he was bargaining for salmon—I heard him say ho would not cut
and maul his salmon for him—I did not hear the prisoner say it was more salmon than he wanted, and he would not take it—I did not hear any thing about it—I believe the prisoner is between 14 and 15 years of age—I should say Gates was 21 or 22 years of age—he was rather tall, but not very stout—it was not a very heavy blow blow that Gates struck the prisoner in the first instance—I could not see whether it was with his open hand—Gates struck him three times altogether—I only saw three blows—I did not hear the prisoner tell him he would not be knocked about by him—he might have said so without my hearing it—he did not complain of Gates striking him—he did not say a word about it—I do not remember seeing a man named Hanstead then—I did not see the prisoner run behind a man for protection—I lost sight of him for a moment—there were many persons about—I did not see Gates kick at the prisoner under the stall—he might have done it without my seeing it—I did not hear him tell him to go to hell—he might have done so without my hearing it—I have known the prisoner several years—I never knew any thing wrong of him—I have lived in the same village with him nearly all his life, but I have been out of Harefield four or five years—I do not know whether he and Gates were acquainted—I never saw them together before.
COURT. Q. How long do you think it might be from the first blow that you saw given, till the deceased cried out that he was stabbed? A. Between three and four minutes.
EDWIN CLIFT . I am a stone-mason, and live at Harefield. On the night in question, I saw Gates at his fish-stall—I was about four or five feet from it—I saw Coker there—Gates was weighing some pickled salmon—he told Coker it weighed seven ounces, and asked 7d. for it—the answer Coker made was, "Go to hell; who do you think is going to give 1d. an ounce for your salmon?"—Gates made no answer just for the moment, but Coker kept grumbling about the price, and with that, Oates gave him one rap on the head—he said, "Be off about your business; who do you think is going to weigh salmon for you?"—or "Why do you come here to order salmon, and not take it when it is weighed?" and gave him a rap on the head—it was with his open hand—it was a smartish rap on the cheek—it was not sufficient to knock him down—it was a kind of blow which a man who was angry at the salmon not being bought would give—after this rap was given, the prisoner then said, "You b—if you hit me again, you shall have something for it"—this passed in front of the stall—the prisoner then left the front of the stall, and went to the back of the stall in the horse road—he came back again in a short time after—it might be a minute and a half—I should not suppose it was above a couple of minutes at most, and the first word I heard the prisoner say was, "Now come and hit me; you shall have something for it"—he said, "I sha'nt run"—these words were repeated by the prisoner move than once or twice—after he had dared the deceased in that way, the deceased went towards him—he was then standing with his back a little way towards the road—the prisoner then ran backwards, and the deceased followed him to nearly the middle of the road—when the prisoner was running backwards, followed by the deceased—he was waving his arms about, but whether it was for self-defence, I cannot say—I saw no blows pass, and Just as they got to near the middle of the road, I saw the prisoner make a stand, and a sort of rush towards the deceased—they were not a yard apart—the next thing I heard was, Coker said, "You have got it"—the deceased put his
hand to his belly, and came back to his stall, and said, "He has stabbed me—he has run a dagger into me"—that was not more than half-a-minute after the prisoner said "You have got it"—he had not three yards to walk—I taw some blood on his trowsers—I did not see the deceased again till Monday evening—he was dead then—this happened on Saturday evenings
Cross-examined. Q. How many times altogether did Gates strike the prisoner? A. Only once that I saw—there were a great many more persons round—I did not hear Grates say any thing to Coker when he was running after him the last time—I was ten yards from the middle of the road where they were—I could not tell whether Gates was running after Coker to hit him or to send him away—he did not go very fast—I cannot say what he was going to do—perhaps he might be going to hit him again—I did not see what his meaning was—I did not hear him say if he caught him he would break his back—I think if he had said so I was near enough to have heard it—he did not say any thing before he left the stall—he left the stall when the prisoner was daring him in his business—I did not see him attempt to kick the prisoner—it was just getting dusk—there was no moon.
Q. If he did not appear going to strike him, what did you mean by saying that the boy appeared to be waving his arms in self defence? A. I said I could not tell whether it was in self defence, or whether it was to strike the deceased or not—he was going at a pretty quick kind of running walk—I do not know whether they were acquainted before—I have only lived at Harefield about seven weeks—I do not know whether the prisoner went behind a man when he west to the back of the stall—I dare say he did—he ran into the middle of the road when Gates was following him—he did not go behind any man then—a boy named Parr was examined as a witness before the Coroner—he is here.
JURY. Q. Had you seen the prisoner with a knife at all previous to the blow being struck? A. No—I have never seen the knife to this moment.
NATHANIEL HANSTEAD . I saw the bargaining about the salmon, and saw it weighed—the prisoner refused to have it, and Gates chucked it, into the kit again, turned himself round, and hit Coker two or three times—Coker came back to me, stood beside me, and cried, and said, "You b—, you serve me so again, and I will give you something for yourself"—Gates was standing at his stall then, and I stood between him and Coker—Gates then came from his stall, and ran after Coker—he overtook him about the middle of the road, about ten yards from where I stood, caught him by the collar, and hit him twice or three times again:—I saw him get five or six blows altogether—he struck him at two different intervals—after the second striking Gates came back to his stall, and said, "Oh dear me! he has run a dagger into me"—the affair did not occupy above two or three minutes from first to last—it might be five minutes.
COURT. Q. From the first slap given on the face of the prisoner to the last affair in the middle of the road, how long might it be? A. Five minutes—to the best of my knowledge would be the outside.
MR. PHILLIPS. Q. Might it be three minutes? A. No—I will say five.
Cross-examined. Q. The prisoner did all he could to get out of Gates's way? A. Yes, he ran away from him.
COURT. Q. The deceased was a young man? A. Yes—he was as big as I am, or bigger—I did not see any knife or other weapon.
HENRY BULLOCK . I am a surgeon. I was called in to attend the deceased—I first saw him at three o'clock on Sunday morning—I at once saw he was in a very dangerous condition—I observed a wound in the belly, which a knife or sharp instrument might have inflicted—I did the best I could for him—he died in about twenty-six hours after the accident—my opinion is that he died from loss of blood occasioned by the wound.
JOHN ATKINS . I am a constable. About half-past ten o'clock on Saturday night I went to the house of the prisoner's father—I found the prisoner in bed—I searched his breeches pockets, and found a pocket clasp-knife—I examined it, and saw marks of blood on it—I had asked him where the knife was—he said it was in his trowsers pocket, but it was not bloody; but I perceived marks of blood on the end of it—I asked him if he was not sorry for what he had been doing—he said no, he was not, for Gates hit him first—I asked him whether that was the knife he did it with—he said "Yes"—I gave the knife to the high-con stable of Uxbridge.
Cross-examined. Q. Have you known the prisoner long? A. Ever since he was quite a child—he is the youngest of seventeen children—I never knew any thing against his character as a humane, inoffensive boy.
Cross-examined. Q. Was the prisoner taken before a Magistrate before the inquest was held? A. Yes, he was placed in my custody, with orders to take him before the Coroner, and then before the Magistrate, as I understood—I did not take him back to be examined by the Magistrate, as the Coroner refused to allow him to go back in my custody.
Q. Did he give as a reason, that the Magistrates had committed Mr. Medhurst for manslaughter, and he was determined they should not do so again? A. He did not say it in those words—he said they had acted very improperly in committing Mr. Medhurst, and he would not give them the opportunity of doing so with this boy—those were his words—a boy named Parr was before the Coroner—he was called into the room, and examined partly—he said he saw the whole transaction—he was not bound over as a witness by the Coroner.
Cross-examined. Q. Did you hear the prisoner ask Gates any thing about a piece of salmon? A. He asked him for six penny-worth of salmon—Grates took up the tail-piece, which had been cut before—it was just as it laid in the kit—he took it out just as it was, and wanted 7d. for it—the prisoner said he only wanted sixpenny-worth, and he would not buy more—Gates said he should not have it for 6d. he would have 7d. for it, if he sold it—Coker said he would not give him more than 6d.—Gates put it into the kit again, and turned round and hit Coker a slap in the face immediately—it was a pretty good blow—I did not hear him tell Coker to go to hell—he told him to be off, for he should not have it for 6d.—I did not see Gates try to kick him—I saw him hit him twice—he ran after him—the prisoner tried to get away from him.
COURT. Q. where was Coker when you saw him hit twice? A. stood close to the stall—he ran away, and Gates after him.
MR. JONES. Q. He ran away a good way from the stall at one time,
did not be? A. Yes—I do not think It was so far as twenty yards—he did all he could to get away from Gates—I was sworn before the Coroner, and examined as a witness.
COURT. Q. Do you mean that you took an oath? A. Yes; I had a book given to me, in the same way as I have had to-day.
COURT. to JOHN ATKINS. Q. Do you know whether this boy was sworn? A. Yes, as a witness.
GUILTY of Manslaughter only. Aged 15.— Transported for Life.
MARK BROWN GARRATT . I am a surgeon, and live in New-road, St. George-in-the-East. I only know the prisoner from this occurrence—I believe he is a tailor, but he has been a bricklayer in the country—I had seen his wife, before this affair, at a cousin of hers whom I attended, but I did not recollect her—she was about twenty-two yean of age—the had had one child, which died, I believe, at eleven months old—they had no children living—I was called in to her on the night of the 14th of July, about one o'clock—the prisoner fetched me—he requested I would come immediately with him to attend his wife, who, he said, was far advanced in labour, and there was no time to be lost—I got up immediately and went with him—I answered him out of window—he waited outside while I got up and came out—nothing but common conversation passed between ns on our way to his wife—I do not believe ten words passed—that was nothing at all about his wife, except with regard to her being in labour—I do not recollect whether any thing passed at all respecting her on the road—we had about four minutes walk to go—when we got there I think the prisoner had a key and let me in—we went in together—he conducted me down stairs into the kitchen—his wife was in the front kitchen, below stairs, lying in bed—she appeared to be in great pain in her stomach and bowels—that was what she complained of—I understood she had been vomiting, and she complained considerably of constant sickness and of purging—she was tossing about and moving from one side of the bed to the other, first on her back and then on her side—that was certainly indicative of pain, but not of labour far advanced—her hands and feet were cold—the pulse at the wrist had ceased, I could detect nose whatever—her countenance was anxious and expressive of great pain and suffering—I found on pressing the stomach and bowels that there was grot tenderness—she was quite sensible—the prisoner was not by at the time I was making my examination—he was in the adjoining kitchen—the door was not shut close, and I think ho could hear what passed—I inquired of the deceased the cause of her suffering, and of how long duration was—I think that the prisoner could have heard it without paying any particular attention, from the construction of the door, and that appeared an eye-sore to the deceased, for she was casting her eyes towards the door, while I was asking the question she frequently turned her eyes to the door—no part of her account took place after the prisoner came into the room—in conjunction with the other pains I thought there was something of pain going on in the womb—I made an examination of the state of the womb at that time, to satisfy myself as to whether that would account, for the suffering and the state she was in—there were pains independent of labour pains—the labour pains were very slight—they were the common
usual pains attendant upon that state—I made an examination—I found the uterus very slightly dilated, and the umbilical cord very little protruding—on further examination I discovered the feet of the foetus foremost—she had only gone six months—after making the examination, and satisfying myself that the symptoms and state she was in did not arise from that, I did not make any attempt to deliverher—there was general prostration of strength, without any pulse at the wrist, and vomiting—(I saw her vomit)—involuntary purging, extreme anxiety of countenance, excessive tenderness of the stomach and bowels, and excessive pain, which she appeared to be suffering generally, beyond that of labour pains—the pains continuing, I made slight attempts to deliver her, but finding the stomach did not improve, and that the pains continued, I ceased to make any attempts, conceiving it arose from other causes, and not from labour—the symptoms were very suspicious, and what I could not at all solve at the time—I was positive they did not arise from natural causes—I sent the prisoner to my house for some medicine—he was away from ten minutes to a quarter of an boor, during which time I was still holding conversation with his wife, and examining her—on his return I gave her some of the medicine he brought back, and after she had drank it she requested to have a little tea, which she had, and it was immediately thrown up, with the medicine—I do not think the prisoner was by then—I told him afterwards, in the adjoining room, that the deceased had said he had given her a powder—he said, "I have given her some cream of tartar, which I have been frequently in the practice of doing when she felt poorly"—I replied that cream of tartar would not produce those symptoms, not in the quantity he bad given her—he said he had given her about a tea-spoon full—I said, "Are you certain you have given her nothing else?"—he said he was positive he had not—I requested him to produce the cream of tartar—he showed me about three drachms, or from that to half an ounce of cream of tartar—I told him I would take care of that—I put it into my pocket—I said I should like to have it, and took it away with me—he made no reply—he said he had given her the cream of tartar some time in the afternoon, I believe, but I do not recollect whether he said afternoon or evening—I told him his wife was in a most dangerous state—I remained with her until she died, which was about four o'clock—that was about three hours—I told him she was in a most dangerous state, perhaps about three-quarters of an hour after I got there—I do not recollect that he made any reply to that—on returning to the deceased, and finding the same symptoms increasing, if possible, I advised a mustard poultice for the stomach, which I sent the prisoner to my house for—that was the other time I sent him—I cannot charge my memory how long after, but it was about three-quarters of an hour or an hour before her death—he brought it back, and I applied it—before I sent him for it I communicated to him a still further opinion of the dangerous state of his wife, that she was in more danger still, if possible, and could not live long—he then came into the room—that was before he went for the plaister—he kissed his wife, I believe, and seemed very much cut up at the time—he seemed very much affected, as man and wife could possibly do—nothing more passed that I recollect before he went for the plaister—she made no remark about her ailment while he was there, nor did I—on my way from the house immediately after her death, I met police-sergeant Donegan, and communicated my opinion to him—before I left the house, and after her death, I saw the prisoner in the backkitchen,
and inquired of him if his wife had any relations in the neighbourhood—he said she had a sister at Hampstead—I wished him communicate her death to that sister, but, after reflection, I told him it was of no importance—I told him it was a very alarming and remarkably sudden death—I do not recollect that he said any thing to that—I told him I would call again at nine o'clock—after meeting Donegan I returned with my assistant to the house—that might have been five o'clock—I saw the prisoner in the back-kitchen—I repeated as to the suddenness of her death, and at the same time informed him that in all probability there would be an inquiry about it—he said he hoped I would make it as mild as I possibly could with him—I made no reply—that was the sum total of the conversation—when I returned with my assistant, what I told him was a repetition of what I told him before—I told him his wife had said he had given her a whito powder—I did not tell him any thing else which she had said at that interview—I had told him I would return at nine o'clock, but I returned between five and six o'clock, after seeing Donegan—it was then that I told him his wife had said he had given her a white powder, and I also told him that she desired me not to tell him, for if I did he would kill her—(it was either kill her or murder her, I am not sure which,) and that the reason his wife assigned for the powder was, that he said he did not want any more b—children—that was what passed in the presence of my assistant—he is not here—two other persons who live in the house were present, and they are both here—I said nothing more to him about what she had said—he said, "Oh, poor woman, she was not sensible" or could not be sensible—I said, "She was perfectly sensible"—he said nothing to that—I again repeated that it was very sodden, and an inquiry would be entered into no doubt—he said he hoped I would make it mild with him—I did not use the expression that his wife had said "on her dying bed" that he gave her the powder, but only that his wife had said so—the woman was perfectly sensible when I came to her, and continued so for two hours at least—she lost her senses for half or three-quarters of an hour before her death—she was not under the impression that she was going to die—from the expressions she made use of she did not at any time think she was going to die—I examined the body after death in company with Mr. Adams, on the day she died—on opening the body I found the stomach highly inflamed, and slightly contracted, thrown into wrinkles—the inner surface was lined with a thick coating of mucus, interspersed with flakes of a substance similar to the half-boiled white of an egg—it contained a light brown fluid—the small intestines, the glands were slightly enlarged, slightly inflamed, and contained a large quantity of fluid, interspersed with the same substance as the stomach, like the half-boiled white of an egg—the large intestines were inflamed, the secreting glands of them enlarged and also inflamed—the rectum was in the same state—the bladder was contracted and empty—the womb contained a foetus of six months—the membranes of the foetus were ruptured, the umbilical cord torn, and the lungs congested, and infused blood in points—the post mortem examination confirmed me in the opinion that she was not suffering from labour pains, from the state of the stomach and bowels, which would account for the pain, but the state of the womb and its region did not—the appearance of the body, except the stomach, intestines, and lungs, was healthy in the extreme—I have seen many subjects labouring under the effects of poison, and who have died of it—I have made a great many post mortem
examinations of the sort—I have, perhaps, seen twenty or thirty opened who have died of different poisons—I should say without doubt that the woman did not die from natural causes—I have no doubt she died of poison, from the symptoms, and from the post mortem examination—I took the contents of the stomach to subject them to a chemical test—I gave them into the hands of Mr. Lunn, an analytical chemist—I was present part of the time, but did not myself make any analysis—I did not detect any poison—I cannot account for no poison being found, supposing she had taken arsenic or any metallic poison, unless the vomiting and purging might have carried off the contents of the stomach—it is a question in the profession whether a person may not take poison and die from it, and yet none be discovered; whether it might not create such inflammation as to cause death, and yet be vomited—it is the opinion of the profession that that may take place—it is an opinion—I have not a particle of doubt, from the symptoms, and from the post mortem examination, that she died of poison—the circumstance of no poison being found in the coat of the stomach or elsewhere, does not at all shake that opinion.
Cross-examined by MR. PRENDERGAST. Q. Did you save any liquid which came from the stomach? A. The only liquid was the medicine and tea that came out while she was lying down, and that was spilt on the linen—I have the cloths which I found in the room—poison may be introduced into the stomach to produce inflammation, of which a person may die, and yet the poison be thrown off, and not be discovered—a person may die from inflammation of the stomach and bowels, producing exhaustion—that death was caused by something of an irritating quality taken into the stomach there is no doubt—poisons are irritating—I am not aware of any thing else that would irritate the body through the whole track of the stomach and intestines—it would be brought up again—persons do not die in that short space of time from inflammation of the stomach and bowels without taking poison—not from the time she told me she had taken the powder—I went, at a very late stage of the disorder, when pulsation at the wrist had ceased.
Q. Now I ask you whether or not medical men are satisfied in general to pronounce that a person has died of poison, in any case where it is not detected? A. Where you have the appearance of the stomach and bowels and the state before death, without doubt any medical man would say from the appearance of the stomach and bowels, coupled with the symptoms before death, that the person had died from natural causes—I never heard of any substance, comparatively harmless at other times, which will sometimes act as a poison—persons have died from eating fruit—the cholera is an instance of that kind, but you have very different appearances of the stomach and bowels—I have not seen any cases of death from inflammation without poison—I have never heard of persons dying of violent and repeated inflammation of the bowels and intestines, except where poison had been taken—inflammation of the bowels is very commonpersons die of it sometimes—I am not aware of instances of death five or six hours after some substance having been taken—I never knew any so rapid as that—I have known it in thirty-six hours, never less—I have had many cases of thirty-six hours from the time I might have attended them, but persons may have been ill for some time—I am surgeon of St. George's parish—I have 100l. a year for attending all the patients—it is a very large parish, 50, 000 inhabitants—I find all the physic—I understood that the deceased had wished to see me in the evening before—I gave evidence before
the Coroner—I believe the Jury adjourned three times—I am not prepared to say what their verdict was—I believe it was, "Died of poison taken into the stomach"—that was the substance of it, I believe—I am not prepared to say whether it was "Died of poison, or of some irritating matter"—it was not "Accidental death"—there was no verdict found against the prisoner.
Q. Did not the prisoner show all possible affection that a man could to his wife, under such circumstances? A. Yes, when I communicated to him that she was dying—the medicine I gave her was carbonate of magnesia, laudanum, and a little spearmint water—carbonate of magnesia was decidedly not the worst thing that could be given to her—it is a sedative—it would not at all increase the inflammatory action, it would tend to allay it—I should give it in an extreme case of this kind—I should not give it in common inflammation of the bowels, but it is not by any means bad in inflammation arising by itself—I should not depend on magnesia, but in that state of things it suggested itself to me, combined with other matters—I should not recommend it, supposing poisoning by arsenic, not at first—if I saw the case early I should not use it, but in the state of things I observed I should use it—I at first observed what might possibly be labour pains in combination with the other pains—there were some labour pains, as I imagined—if she bad lived she must have miscarried in seven, eight, or ten hours—she was in a very weak state indeed—the pain in her stomach and bowels must have produced a miscarriage, in the extreme state of prostration she was in.
JOHN GOLDEN . I am a shoemaker, and lived in the same house as the prisoner and his wife—he is a tailor—the last time I saw his wife up was about seven o'clock on the Sunday evening—I saw her standing at the bed-room door in the kitchen, where they used to sleep—she appeared to be like a person ill with a cold at that time—I might be there three quarters of an hour, talking to the prisoner—I was standing at the yard-door with him, and she was standing there at the time—I was within sight and hearing of her—I did not see her vomit or sick during that time—I was called up about half-past three o'clock in the morning by my wife, and came down—Mrs. Clifton was not quite dead then—she drew her breath, but was just near death—Mr. Garratt was there—I was in the back kitchen with Mr. Garratt and the prisoner after her death, about a quarter or half-past four o'clock—when the prisoner came in, I heard Mr. Garratt say that his wife had said he bad given her three powders, but she had desired him not to tell him, or he would kill her—I do not remember that the prisoner made any reply to that—Mr. Garratt left shortly after—he said nothing else then, to my knowledge—when he returned again, he told the prisoner it was a serious thing—the prisoner said, yes, it was, but, he was innocent of it, he had given her nothing but cream of tartar—I was then left in the house with the prisoner and my wife—he took a piece of white paper out of a closet, and went into the yard, and emptied two water-butts—I told him it was a bad job—he said, yes, it was a bad job, but he was innocent, by G—d; but if the worst came to the worst, they could only bring it in manslaughter, and they would transport him for life—my wife was by at the time.
Cross-examined. Q. Did you say any thing before the Magistrate about hearing any part of the conversation with the doctor? A. No, 1 was not asked—I was told to say all I knew about the matter—my wife stated it, I did not.
SUSAN GOLDEN . I am the wife of last witness. I saw Mrs. Clifton about seven o'clock on Sunday evening, in bed in her room—I was with her then about a quarter of an hour—she seemed to be very bad—she complained of a great deal of pain in her bowels and head—I did not see her sick, but she said she was—I did not see her again till one o'clock in the morning, when the prisoner came to call me, saying his wife was very ill, and begging me to come down—I got up directly, and was there all the time till she died—she had been very poorly the day before, on the Saturday, but seemed to be worse on the Sunday—I do not know whether my husband saw her after I had been with her on the Sunday evening, or whether she was up after that time, I do not know—after she was dead I was in the back-kitchen—I said to the prisoner it was a shocking thing—he said it was, but by G—d he was innocent of it—but if the worst came to the wont they could only bring it in manslaughter, and transport him for life—that was after the doctor was gone.
Cross-examined. Q. On Saturday she appeared rather ill? A. Yes, and I believe she was in bed in the morning—she seemed rather worse on the Sunday—she cooked the dinner on Sunday, and washed her husband a shirt, about eleven o'clock, or a little after—she complained of being ill at that time—at seven o'clock on Sunday evening she wished for Mr. Garratt, the surgeon—her husband asked me to fetch down two pillows, and go for Mr. Garratt—I sent a friend of mine, and she went to the wrong doctor, by mistake—he came and saw her—he wanted to send some medicine, for which they were to send 2s.—the prisoner would have sent for it, but she would not have the medicine—they appeared on good terms on the Sunday.
COURT?.Q. Had you seen them otherwise about that time? A. On the Friday they had had a few words—I do not know what it was about—I heard him ask her for something—she said she had not got it, and he kept on asking her for it—it was not any thing very serious.
JOHN ADAMS . I am a member of the College of Surgeons, and have been in practice about ten years on my own account—I was present at the post mortem examination, and conducted it jointly with Mr. Garratt—I have only a slight variation to make to his evidence, which is, that the smallest intestines were not inflamed, except at the commencement of them—I did not see her before death—my opinion is, having heard all the symptoms described, and from the post mortem examination, that she died of some acrid poison—I cannot swear to it, but that is my unqualified opinion—I would say that a large dose of medicine might produce similar effects—an inordinate dose of a powerful medicine, such as gamboge, or a large dose of calomel—hardly any quantity of the blue pill would produce it, except numerous doses—a drachm, or sixty grain?, would be about twelve times an avenge dose of blue pill—I think an extraordinary quantity of drastic medicine might possibly produce those symptoms—cream of tartar is certainly not a very drastic thing—I cannot conceive that any quantity of cream of tartar would produce it—I did not analyse the contents of the stomach, they were given to Mr. Lunn—supposing no poison to be found through the coats of the stomach or intestines, that would have no effect on the opinion I pronounce, as to her having died of poison, because I apprehend, if poison were administered in small doses, repeatedly, and for a considerable period, the symptoms, as indicated, might supervene, and yet no poison
be discovered—suppose, for instance, a person taking for three weeks considerable doses of the corrosive sublimate or arsenic, precisely the same symptoms are found—that is the only way I can account for the absence of poison either in the stomach or intestines, or their contents—it accumulates in the system, and the effects suddenly come on—it is absorbed—I think the absence of poison may be accounted for, on the supposition of a violent sickness, or purging carrying it all off, but then you could detect it in the matter thrown off—the first discharge upwards and downwards would carry the greater part of it off, yet the patient may die, although it is all discharged—the sickness may last after it is all thrown off—the latter sickness would show nothing—vomiting is more likely to get rid of it than the other passage.
Q. Then, supposing the earlier discharge of sickness not to be observed, do you think the patient might die of metallic poison, and yet the contents of the stomach would not detect it? A. Certainly, that would be another position, independent of its being taken in small quantities—I am of opinion, that although all the poison may be discharged at the first sickness, the patient may nevertheless die—I believe it is possible that the presence of poison in the stomach for a short time might create an irrecoverable inflammation—if metallic poison, such as arsenic, be given in a large dose, I should expect sickness to come on within half an hour, if given in a quantity sufficient to produce death—it would be sickness of great intensity.
Cross-examined. Q. Then, if you had found arsenic, it would not have strengthened your opinion, at all? A. Unquestionably it would—I have not said arsenic was the cause of death, I said some acrid poison—finding arsenic would add very great strength to my opinion, but I say it may accumulate in the system, and you will not find it—a couple of grains may cause death—it is a very small quantity, but it is just possible—it produces inflammation, and frequently mortification of the coats of the stomach—it affects the coat of the stomach by producing inflammation—it does not erode it, that I am aware of—I never observed that effect—I will not say that effect does not exist.
Q. I ask you whether medical men in general will venture to assert a person to have died of poison without finding the presence of poison? A. Undoubtedly—I have seen a person who took arsenic for the disease of the stone, and very violent inflammation of the stomach and bowels was the consequence of it—medical men assert the possibility that death may take place from poison without ever being able to detect poison in the intestines—they will not say that death must have taken place from poison—it is not a matter which can be positively stated—it is possible, but it is not by any means certain that death may not have followed from some other cause—I mean to say it is possible a person under these circumstances may die of common causes, and where no poison is detected, I should certainly say a person might have died under common causes—from the symptoms detailed in this case, I might venture to assert that a person might die of common causes.
COURT. Q. But without the detection of some specific poison in the interior, a medical man would not give a positive opinion that death arose from poison? A. Yes—that is my answer—I think it might be—that is the result of my opinion.
MR. PRENDERGAST. Q. Then in this case you say you think it highly
probable death arose from poison, but you will not positively assert that it did? A. Just so—that is my evidence.
THOMAS LUNN . I am a chemist, and am accustomed to analyse. I have been in the habit of analysing poisons—I was seven years assistant to Mr. Jonathan Pereira, lecturer on chemistry at the Medical School in Aidersgate-street—I received two bottles from Mr. Garratt, containing a brown liquid—it was not feculent, neither was it food—it was not ejected from the stomach during life—I could not tell whether or not that stomach had been washed out by sickness before—I could not form any judgment whether the stomach from which it came had previously been washed by frequent discharges of liquid from it—when a person is sick there is solid matter at first, and when there is nothing more, liquid—that is the consequence of previous discharges having taken place—I can hardly say whether the liquid I saw was the residum after repeated discharges from the stomach, for although the stomach might have been perfectly empty during life, there might after death be a fluid found in it—I made an experiment upon the contents of both bottles—I am acquainted with Mr. Marsh's process, which is the application of hydrogen in a particular manner, which is supposed to detect the 500, 000th part of a grain, but that I could not detect here—I applied four experiments—I know of no experiment which could be applied beyond those I did apply—I could not detect the smallest portion of arsenic or any other mineral poison.
Cross-examined. Q. From what you know, supposing arsenic to be given, is it not possible you must have discovered some portion, if it was administered? A. I cannot tell that—(Mr. Garratt produced to me a white powder in a blue paper—I tried that every possible way—it is not arsenic—I believe it to be a salt of potash—most likely it is cream of tartar—it is certainly not arsenic)—at the first examination I was not satisfied, and asked the best authority—I tried an infallible test, and found none.
JOSEPH LOCKWOOD . I am a chemist. I know the prisoner—I sold him 2d. worth of arsenic about ten weeks since—he said he wanted it to destroy mice—I gave him proper caution how to use it—I wrapped it up in paper, and wrote the word "poison" on it—I sold him nothing after that but cream of tartar—I sold him 1d. worth about a month after he had the arsenic.
Cross-examined. Q. There was no concealment in his manner, when he came for the arsenic? A. No—I have seen him twice since—he said the cream of tartar was to make a drink for himself, and likewise for his wife—I did not know where he lived then.
JOHN DONEGAN .(police-constable H 14.) I met Mr. Garratt about four o'clock on the morning in question—something passed between him and me—I afterwards went about a quarter to five o'clock to the prisoner's house, No. 1, James-street, Tottenham Court-road—I said, I supposed he suspected my business there—he made no reply—I then said, "The doctor, who has been attending your wife through the night, has very strong apprehensions that you caused her death by those powders that you administered to her, and until the doubts as to that are cleared up, you must consider yourself in my custody"—he made no answer to that—I desired him to come to the station-house—he said, "Stop till nine o'clock, and have some breakfast with me"—I said I would not, and told him to come instantly with me—he then wished the witness Golden to accompany him to the station-house—Golden went up stairs to put his coat on, and while he was up
stairs, the prisoner put his hands into his pockets, whistled for a while, and walked about—he then said, "I think I shall feed my dog at any rate before I go"—he did so, and then came with me to the station-house—before that, he said he wished to speak a word to Mrs. Golden, who was in the back-room at the time—I said he might do so—we were standing close by the door—he went in and attempted to close the door—I said, "You will not shut the door, I shall hear what you say, you shall not go out of my sight"—he said something to Mrs. Golden, but spoke so low, that I did not hear it—I took him to Mr. Lockwood's a little before eight o'clock, and he said to Mr. Lockwood, before I spoke to him, "You know me, Mr. Lockwood, have you not sold me a 1d. worth of cream of tartar about a fortnight ago?"—Mr. Lockwood replied, "I have sold him cretin of tartar"—I asked Mr. Lockwood, if he had sold him poison, arsenic—he said, "I don't keep poison"—I said, "It is very strange if you keep no kind of poison in your house, being a chemist"—he then said, "I keep it, but do not sell it"—I said, "I suppose you mean you don't sell it distinct to common persons, but in prescriptions"—he said, "That is my business," and I left the house—the prisoner said nothing more than asking him about the cream of tartar.
Cross-examined. Q. Did you say any thing about this before the Magistrate? A. Yes—I cannot say whether what I said was taken down—I suppose it was—(looking at his deposition)—I see I have signed this—it was read over to me—I believe it contained all my evidence, and I think it is correct—I certainly mentioned about the arsenic, whether it was taken down or not.
NOT GUILTY .
First Jury, before Mr. Recorder.
2239. BRIDGET HOWE was indicted for unlawfully, maliciously, and feloniously assaulting George Rushton, on the 18th of July, and cutting and wounding him on his left wrist, with intent to maim and disable him: 2nd COUNT, with intent to do him some grievous bodily harm.
GEORGE RUSHTON . I live in Wild-court, Drury-Jane, and sell things in Clare-street, Clare-market—the prisoner does the same. On the 18th of July I was eating cherries at my stall—the prisoner was before my stand—I spat a cherry-stone out of my mouth, which hit her cap border—I did it on purpose—she went into the public-house, then came out behind me, and spit some beer out of her mouth—part of it went down my back, and some over the goods I had on my stand—she returned to the public-house—I followed her, and told her as she had spoiled my goods, I would knock her down for it—she took up a quart-pot, and attempted to strike me, but did not—she afterwards struck me with her fist—I did not strike her, but we both walked out, and took no more notice of the case at that time—she remained at her stall about a quarter of an hour or less, and then came from her stall in front of mine—there was a large knife on my stall which she took up, and made a cut at me—I put up my left arm, and stopped that—she then turned the knife in her hand, took the blade in her hand, and struck me with the handle—she had struck me with the blade previously, and I was cut on the wrist—I cannot say how she came not to cut her own hand—I do not know which blow inflicted the cut—I am not aware whether it was the heel or the point of the knife cut me—(looking at his deposition)—this is my name—it was read over to me before I signed it.
Q. You say here, "She struck me on the left wrist, inflicted a severe wound on the wrist, then took the blade in her hand, and struck me several times with the handle; I then gave her in charge?" A. I went away before I gave her in charge—I walked to a doctor's shop—I got the wound dressed at Charing-cross Hospital.
Cross-examined by MR. DOANE. Q. You had had words with her for some time? A. Some time before—I did not speak to her at all from the time I left the public-house, nor did I hear her if she spoke to me—I do not recollect any angry words passing—it might have been the case, and I have forgotten it—I was hit with the blade first, and afterwards with the handle—I have not to my knowledge said, that I did not know which part of the knife struck me first.
JAMES NEAL . I am a coal-porter, and live in Charles-street, Drury-lane. I was coming by when this happened, between six and seven o'clock I think—I saw the prisoner get up from behind a basket, and just before she got to the prosecutor she said, "D—your eyes, I will serve you out"—she then began to chop at him with the handle of the knife, and then took the blade, and began to chop at him with that—I saw his wrist bleed—it was cut—he put up his arm to prevent it cutting his head—I do not know whether she cut him with the handle or blade.
Cross-examined. Q. You were not there at the beginning of the quarrel? A. I do not know any thing about that—she got up from behind her stall, took the knife off the man's stall, and cut him with it—she was crying at the time, and got up all at once.
JOHN GLASSCOCK .(police-constable F 16.) On the day in question I was in Blackmoor-street—the prosecutor pointed out the prisoner to me about a quarter to seven o'clock—she ran into the public-house—I went in after her, and told her she had very nearly cut a man's hand off, and she must come with me—she said she was very sorry for it, but he had aggravated her by throwing cherry-stones in her face—I produce the knife, which a woman gave me.
FREDERICK DAVIS . I am house-surgeon at Charing-cross Hospital. The prosecutor applied to me to dress his wound—he had an incised wound on the left side of the left wrist, which had been recently inflicted—it was such as the knife produced might inflict—it was about an inch and a half long inside the wrist—there is no vein of any importance there—the wound might be half an inch deep—I should not call it a severe wound—it would deprive him of the use of the hand for some time—he might not get the full use of it for some months—it would maim and disable him for a time.
HENRY THOMAS WOOD . I am a tripe-dresser in Clare-street. I happened to be passing down Clare-street when this took place—the prisoner was sitting behind her basket, and said to the prosecutor, calling him some improper name, how dared he to strike her, or would he dare to strike her—she got up, and came round his basket—she first struck at him with her hand two or three times—this knife laid on the basket—she took it up by the blade—several people screamed out—she tried to strike him over the head with the handle—he held up his arm to prevent that, and as she was
striking, the knife jobbed him—I know nothing of the prisoner, but bearing the trial was coming on I came.
GUILTY of an Assault Aged 33.— Confined Fourteen Days.
MESSRS. BODKIN.and BALLANTINE.conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant solicitor to the Mint. I produce a copy of the record of the conviction of Ruth Miles, which I obtained from Mr. Clark's office—I have examined it with the original record, and it is correct—(read).
HUGH SANDILANDS . I am one of the horse-patrol. I know the prisoner—I remember her being charged with passing counterfeit coin in November last—she is the person who was convicted on that occasion in the New Court.
WILLIAM MAGNER . I am a fishmonger, and live in Little Windmill-street, St. James's. On the 16th of July, between 11 and 12 o'clock at night, the prisoner came and asked for four pennyworth of fish—I served her with three penny worth—she tendered a half-crown—I looked at it, and found it bad—I gave it to my wife, and told her to get change for a bad half-crown, meaning for her to get a policeman—the policeman came with my wife.
Prisoner. I am not the person—it was one younger than me—I did not go into the shop till after the half-crown was offered. Witness. There was a little girl, about 11 years old, with her, but the prisoner produced the half-crown, I am positive.
ANN MAGNER . I am the wife of the last witness—I received a half-crown from him, which I gave to Webb, the policeman—the prisoner and another little girl were inside the shop, but the prisoner gave the half-crown.
Prisoner. I was not given in charge at all—you went over to the public-house with the half-crown. Witness. They were both given in charge—they were both together—I went to the public-house, and asked if the half-crown was a good one, but it was not out of my sight.
CHARLES WEBB .(police-constable C 61.) I was called into Magner's shop, and found the prisoner and another girl there—they were both given into my charge—the prisoner was charged with uttering a bad half-crown—Mrs. Magner gave me the half-crown, which I produce—the prisoner and the other, girl were taken before the Magistrate, remanded, and then discharged.
Prisoner. You know it was the youngest one that was given in charge, not me; and it was the publican that gave us in charge, not this man—you put the half-crown in your pocket. Witness. I know I put it into my pocket, but I had nothing else there—they were both given in charge by Wagner, but she is the person that was charged with passing the money.
DINAH BATT . I am the wife of Edward Batt, a dealer in earthenware, in Carnaby-street, St. James. On Friday, the 26th of July, between 12 and 1 o'clock, the prisoner came into my shop alone, and wished for a threepenny or fourpenny milk jug—she produced a half-crown—I looked at it, and said, "This is a bad one"—she said, "I did not know it was"—I said, "I think you were quite aware it was, before you came into my shop"—I do not recollect the answer she made—I rang it on some steps
—my husband came into the shop, picked it up, and followed her out of the shop.
Prisoner. Q. When you took this half-crown out of my hand, you had a deal more silver in your hand? A. I had not—I am sure I did not mix it with any other—I do not recollect my husband telling you to go about your business.
EDWARD BKAVER BATT . I am the husband of the last witness. I came into the shop in consequence of what I heard, and saw the prisoner go out—I picked up the half-crown—it was the one I saw my wife ring on the steps—I heard her say it was a bad one—I followed the prisoner, and had her taken by a policeman—I delivered the half-crown to him.
Prisoner. He did not give me in charge at all—my father took me to the station-house, and gave me in charge—I received the half-crown from my father, the first day I came out of the House of Correction—he has been trying to transport me ever since my mother died, and my sister as well—Mr. Batt shewed the half-crown to a number of persons, and told me to go about my business. Witness. I told her I did not wish to punish her, having children of my own; and if she would go to Marlborough-street, and take an affidavit that she took it for her work, I would pay all expenses, but she would not, and I gave her in charge—I told her I did not think her father was acquainted with her goings on, and asked her where he worked—she said in Bond-street—I could not find him the, but after hunting about for nearly an hour, I found him in a wine-vaults; just out of Jermyn-street—she did not say then that her father had given her the half-crown, hut she assured me positively that she had taken it for her work in Middle-row, Holborn—her father seemed as if he had some knowledge of her bad behaviour—he said if she had done wrong, she must be punished—I did not part with the half-crown till I gave it to the policeman—I do not know whether her father has married again.
Prisoner. No, he has not; but he told you he would transport me, if he could. Witness. He did not say so.
Prisoner. Q. Did not my father come down to the station-house, and say, "Give them in charge, and I will come up to the office against them?" A. I did not hear him say so—he seemed very anxious that she should get off—the little girl was with her on this occasion, as well as the other—she was outside Mr. Batt's door.
Prisoner's Defence. I am quite innocent of the first—I am guilty of the second—the policeman would not take the young man that gave me the money, though he was close to his elbow—on the Thursday I was committed the one who is guilty was discharged—my father got her off, and said he would go as far as the law would let him in sending me across the water—if I had been guilty I could have got away, for Mr. Batt went into the public-house with my father, leaving me outside—he told the Magistrate, at the office, that he did let the half-crown go out of his hand, but afterwards, before a different Magistrate, he said he did not.
did not leave her so that she could have run away—I went into a public-house with her, to inquire for her father, but not with her father—she showed a disposition to stop back when I went in—I did not leave her outside of any public-house, and go in with her father—I did not bear her father use any of the expressions she has suggested.
GUILTY . * Aged 16.— Confined Six Months.
(The prosecutor refused to be sworn; and being neither a member of the Society of Friends nor a Separatist, the Court ruled that he could not be examined.)
WILLIAM WEBB .(police-constable H 42.) I was in High-street, Shoreditch, on the 23rd of July, and saw the prisoner very near the prosecutor—he had a handkerchief in his hand, and immediately I cast my eye on him he dropped it, and ran away—I pursued and took him—he said, "It is not me, you are mistaken"—I took him back to the prosecutor, who gave charge of him.
WILLIAM HUTCHINS . I am a policeman. I saw the prisoner with the handkerchief in his hand, close behind the prosecutor—he immediately dropped it—I picked it up, and asked the prosecutor if it was his property—he said it was—the prisoner said nothing to that.
NOT GUILTY .
MARY GAGAN . I am the wife of Richard Gagan, and live in St. Almon's-hill, Broadway. I have known the prisoner about eight years—on Sunday, the 21st of July, she came to my place to remain there that night—she went to bed with me—I awoke at twenty minutes to three o'clock, and she was gone—all the doors were open, and I missed these articles, which were safe in the room when I went to bed—on the 25th of July I met her in Seven Dials, with one of my gowns on—I asked her for the ticket of my things, and she was giving them up to me when the policeman came up, and I gave her in charge.
(Property produced and sworn to.)
Prisoner's Defence. I went to her room—I told her I had pawned my gown, and she lent me that old one, not worth 2d., to put on—we drank together—she lent me the gown and shawl, which belong to a young woman, who lodges with her—she gave me the things to pawn to get my gown out—I had a cheque of 9l. 3s. 6d. in my pocket, belonging to my husband, who died in Spain—I was going to receive it, and it was on those terms she lent me the things—I spent 3s. 6d., and she got very tipsy—I never went to bed in her place at all—she was put to bed tipsy, at half-past nine
o'clock—I did not stop there—she slept with a young woman and two children, and there were two in another bed.
MARY GAGAN .re-examined. The gown and shawl belonged to a person who lodges with me, but I was obliged to make them good—the prisoner never asked me to lend them to her—I did not give them to her to get her gown out of pawn—she said nothing about the cheque that day—I know she had a cheque a long time before—I did not get tipsy—she did undress and go to bed in my place, for she stopped till ten o'clock, and my husband said, "As you have nowhere to go, make shift with the children and my wife"—she never spent a farthing there that day, but she brought two pod of beer, in spite of my husband—I have known her eight years, and so gave her a lodging.
GUILTY. * Aged 34.—Recommended to mercy.
Confined Three Months.
NEW COURT.—Thursday, August 15th, 1839.
Fifth Jury, before Mr. Common Sergeant.
2243. ELLEN COCHRANE was indicted for stealing, on the 22nd of July, 1 watch, value 80s.; I watch-guard, value 4d.;2 handkerchiefs, value 5s.; and 1 pair of shoes, value 5s.; the goods of Samuel Chivers, her master; to which she pleaded
GUILTY . Aged 17.— Confined Six Months.
2244. JAMES HORNSBY was indicted for stealing, on the 25th of July, 1 razor, value 1s.; 1 razor-strop, value 6d.; 1 shave-hook, value 1s.; 1 hammer, value 1s.; and 2 gimblets, value 4d.; the goods of Frederick Charles Keay; to which he pleaded
GUILTY . Aged 18.— Confined Three Months.
ELIZABETH BRESSEY . I am a widow, and live in Bell-street, St. George's. The prisoner was my servant, and slept in the same room with me—I awoke about four o'clock on the morning of the 28th of July, and told her to get up to feed the baby—about nine o'clock I missed a half-crown and a shilling—they were safe about two o'clock in the morning when I counted what money I had—it was 8s.—I put it into my pocket which laid on my clothes—I called the prisoner up, and said she had taken 3s. 6d.—she said she had not—I said, "Let me feel in your pocket?"—she was very obstreperous, and the pocket came off in the scuffle—I found in it the 3s. 6d. in my daughter's purse—her name is Ruth.
Prisoner's Defence. I found the purse in washing the pocket, and not being very well I did not take it up, but kept it in my pocket.
GUILTY . Aged 22.— Confined One Month.
—I went out, and saw the prisoner running up the street, pursued by the policeman, who took from her a pair of boots, which are mine.
(The prisoner pleaded poverty.)
GUILTY. Aged 36.—Recommended to mercy — Confined Three Months.
2247. THOMAS COLEGATE was indicted for stealing, on the 12th of July, 12 yards of diaper, value 5s.; 141 yards of calico, value 3l. 3s.; 13 yards of printed cotton, value 11s.; and 27 yards of linen cloth, value 24s.; the goods of Richard Hodgson, and another, his masters; and WITHERS COLEGATE for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. CLARKSON.conducted the Prosecution.
RICHARD HODGSON . I have one partner—we are Manchester ware-housemen, and live in Watling-street. A person named Joseph Robinson came into our service in November last—the prisoner, Thomas Colegate, has been in our service six years and a half—he first came as porter, when he was about sixteen or eighteen years of age, and said he had just come to London—we advanced him, and when we went to Watling-street, which is about three years ago, we took him into the warehouse—in June last I had not agreed with him about any salary, but I should have given him 100l. this year—he before that had 50l. a-year, and lived in my partner's house, but he married in November or December last, and left my partner's house—he had no authority from me to sell goods without giving an account of them to the entering clerk—we allow our young men to take a piece of goods for their own use, and to charge themselves at prime cost, but I should not take a piece of goods myself, nor would my partner without having it entered—during the last year we did more business than we had ever done before, and in December last we took stock up to the 30th of November—we found a profit, but the stock was about 1000/. less in value than I expected, and the profit was about 1000l. less than I had calculated it ought to be—there appeared to be a deficiency of goods from a calculation I kept of the stock at the beginning of the year, and the goods that came in from time to time—we mentioned to all the persons in our establishment that we were deficient, and my partner spoke to Stevens to look out—in consequence of information, on the 12th of July last I procured two policemen, and sent for Robinson to my counting-house—he delivered to me an account of some property, and while he was writing out a list I sent for Thomas Colegate, and said to him, "Thomas, here are some goods you had on the 7th of June, according to a memorandum of Stevens, where are they entered?"—he said, "They are not yet entered"—I said, "It is nonsense talking about that, you never intended to enter them—the fact is, no doubt, you have robbed us of these and a great many other things beside—here is Robinson, (who confesses he has done wrong,) writing out a list, now do you do the same; it may be better for you, but mind I make you no promise"—(I said that in consequence of what the officer had said to me before)—I then asked him what had been done with the goods—he said they had been sold in a tally business, conducted by his brother under the name of his brother-in-law Purkis—I enquired where the tally-shop was—he said at his house, No. 16, Devonshire-street, Mileend-road
—that, I believe, was the house at which Thomas Colegate had gone to live after his marriage—upon that I had Thomas Colegate taken into custody—I do not know Withers Colegate at all—I had heard Thomas speak of his brother, but I never saw him.
Cross-examined by MR. DOANE. Q. It was the custom to allow any of your young men to have goods on their being entered? A. Yes—a piece or two pieces, but not any number—I should have objected to their having more than what appeared to be for their own use—they were to go to the entering clerk and have the goods put down—Robinson was not an entering clerk—my own son is the entering clerk, but if he was out, any person in the house might make an entry—when a porter takes out goods he always has an invoice with him, and since this robbery, we have begun the custom of the porters having books in which they enter an account of the goods they take out—previous to that, they had no account but the invoices—they examined the goods by it to see that they were right, but they had no other document, generally, that I know of—they had each of them a delivery book, which was used only for goods that went into the country—when they packed up a truss of goods to go into the country, they wrote down the number of pieces—my orders are, that they shall sign the day-book every night, to certify that they have delivered such and such parcels of goods—we have two porters.
MR. CLARKSON. Q. Are both the porters here? A. Yes—the books which refer to these goods are here—these goods are not entered.
EDWIN BLUNDEN .(City police-sergeant, No. 2.) On the 12th of July I went to the prosecutor's, and Thomas Colegate was delivered into my custody—I went to No. 3, Jewin-street, which is the residence of Joseph Houghton—he delivered these goods to me—while we were in conversation with Houghton, Withers Colegate came in—Houghton said to him, "Withers, do you know any thing of this?" (meaning the goods which we were packing up)—he said, "No"—we went there twice the same day—on the first occasion we got these two pieces of black, this white calico, and this piece of cord—Withers Colegate was taken afterwards—we went the same evening to Houghton's, and received this diaper, these pieces of print, linen and flannel.
Cross-examined by MR. BODKIN. Q. Have you not stated, "While I was in conversation with Houghton, Withers Colegate came in, and Houghton said to him, 'Do you know any thing about this—(pointing to the goods)—the officers say they are stolen.'" A. Yes; and Withers Colegate said "No."
PHILIP PARISH .(City police-constable, No. 45.) I went to Houghton's house, and while we were in conversation, Withers Colegate came out of an opposite room—when I heard him addressed as Withers, I knew he was the person we were in search of—Houghton said to him, "The officers say these things are stolen—do you know any thing about it?"—Withers answered, "No", (that was the cord and those things that we were then packing up, we had not got those other things at that time)—I then said to Withers, "Are you the brother of Thomas Colegate?"—he said, "Yes"—I said, "Where do you reside?"—he said, "At No. 3, Shaftesbury-place, Aldersgate-street"—I said, "My information is, that you are living in Devonshire-street, Mile-end, and carrying on a business there"—he said, "No, it is my brother's business—I have been carrying it on for him, but I have left it a week past"—I said I must take him into
custody—I found on him books relating to the business—they appear to be collecting books for a tally concern, and I see there are entries on the 11th of July, the day before he was taken—this other is an order-book—I then went to Shaftesbury-place, and found no business was carried on there, but he had a sleeping-room—I could not find that he was carrying on business any where but at Devonshire-street—I found on him a bill of Houghton's to Withers Colegate, for making a light waistcoat, and some little bills of parcels—Withers Colegate did not say any thing to me of his having brought a parcel of goods to Houghton's that morning, and at that time I was not aware that he bad done so.
JOSEPH HOUOHTON . I am a tailor, and live in Jewin-street. I know the prisoners—I have known Thomas upwards of two years, and Withers twelve or eighteen months—I knew Thomas through my being foreman to Mr. Lack, to whom Thomas was a customer—I became acquainted with Withers through his brother—I bought some of these goods of Thomas Colegate—I bought this black cotton first, about April or May—I agreed for the price of it with Thomas Colegate, at a public-house in Basing-lane, where he used to dine—I cannot swear to the month, having no invoice—it was either in April or May—I received the black cotton about a week afterwards by Stevens, Mr. Hodgson's porter—I asked for the invoice when it came, but I had none—this black linen was fetched from Mr. Benfield, the tailor in Little Britain, by my lad on a Saturday evening, at the latter end of April, by order of Withers Colegate—I had an account against Thomas Colegate for 7l. 10s., and I considered it was settled by these goods—on the 12th of July, before the officers came to my house, I just saw Withers Colegate, and that is all I can say—my lad let him in—he merely came to my workshop, and told me he wanted to leave a few things with me—I told him to go into the front room—be did so, and while he was waiting the officers came, and my lad let them in—about five minutes after while I was delivering up some goods to the officers, Withers Colegate came into the room—I asked him if he knew any thing of this—he said, "What?"—I said, "I have understood these things I have had of your brother are stolen"—he said, "No"—the officers then asked him if he was the brother of Thomas Colegate—he said, "Yes," and Parish took him into custody.
Q. As he had wanted to leave a few things in the front room, did you call the attention of the officer to them? A. No, nor did Withers—my lad let Withers in in the morning, and he called me to see the parcel that Withers left—I gave that parcel to the officers.
Cross-examined by MR. DOANE. Q. What were the goods brought by Mr. Hodgson's porter? A. This black cotton—I received it, as near as I can tell, in April—that came before any of the other things.
Cross-examined by MR. BODKIN. Q. What else do you speak to that is in this indictment? A. This white cotton, and black linen, which I sent for from Benfield—this white cotton came when I was not at home—I cannot say who brought it—Withers Colegate wrote a note at my house for my boy to take to Benfield for this black linen—the room that Withers Colegate was in, was close to that in which the officers were—it appeared that he heard what passed—he had lived in his brother's house in Devonshire-street till about a week before that—they then had a quarrel, and he left—he then went for four nights to Shaftesbury-place—he
then came two nights to my house, and went to his brothers that same morning.
MR. CLARKSON. Q. What was the quarrel about? A. He said his sister-in-law did not like his being out so late at night, she being of a religious opinion different to him, and he did not like it—he shewed me a letter, but I did not look at it—he told me he was locked out of his lodging one night, and I took him in—I knew he had been carrying on business in Devonshire-street, but I was never there.
JOHN LOVETT . I am apprentice to Mr. Houghton. I remember seeing Withers Colegate at my master's—I cannot say when, it may be two month or more ago—he wrote a little slip of paper, and gave it to me to take to Mr. Benfield, a tailor in Little Britain—he told me I was to get two pieces of linen—I took it, and got two pieces of linen—this black linen is like what I got—my master had no other at that time he was out of black linen—on the day Withers Colegate was taken into custody, he came to my master's and brought with him a large paper parcel, which contained some of the articles which are here—he went up to my master—after the officers were gone the bundle remained in the front room—before the officers came in the evening, my master had sent me to Mr. Hodgson's to acquaint him that there was a parcel there.
WILLIAM HENRY BENFIELD . I am a tailor, and live in Little Britain I know the two prisoners—I have known Thomas the longest—I knew Withers through his brother—Thomas called on me, I believe it was is February, and gave me an order for two boys' cloaks, a pair of trowsers for himself, and a pair of gaiters—he said he would sell me some lines very cheap—I asked at what price—he said he would send them in first, and then agree about the price, and Withers Colegate brought in four pieces, two black and two brown—every thing that I bought of Thomas Colegate was brought by Withers, whom I considered as a porter to his brother—he said he received 5s. a week from his brother, and board and lodging—he told me he carried on business first in Shaftesbury-place, and then in Devonshire-street, Mile-end—I went there once to carry home a pair of drab trowsers, and Withers opened the door to me—I knew that Thomas Colegate was living with Mr. Hodgson—when Withers brought the black and brown linen, he did not say any thing—I have not dealt very largely with them—I considered that I was dealing with Thomas, but the invoices were in the name of Purkis and Co.—here are several invoices of mine here—about a week after Withers left these linens, Thomas Colegate called on me, and I agreed to take one of the pieces of brown, but I declined the others, as they were dearer than what I was in the habit of giving to drapers—I did not pay him, as he has got an account open with me—my foreman delivered to Mr. Houghton's boy the pieces of black line—I was not at home—that was a month or six weeks after I had them—he brought a slip of paper to my foreman, to deliver two pieces to the bearer—I do not know what became of the paper—I believe it was in Withers's hand-writing—I am satisfied it is not Thomas's writing—I cannot say whether it was Withers's or not.
Cross-examined by MR. DOANE. Q. It was in February you had the black linen? A. Yes—I had furnished him with clothes both before and after that.
from Mr. Houghton's boy, and delivered the goods to him—I gave my master the note.
Cross-examined by MR. BODKIN. Q. How did you know him? A. That was the name he gave me in transactions in business in Devonshire-street.
JOHN ANGELL . I am one of the prosecutor's warehousemen. I have lived with them about two years—I have looked at these goods—some part of them I can positively swear to as being my master's—this piece of black linen has our mark on it, and this piece of diaper I can swear to—I should say they all came from our stock—we have missed a considerable quantity.
Cross-examined by MR. DOANE. Q. Is there any mark on this white calico? A. Yes, a bleaching mark; and this black linen has the usual seal put by the manufacturer; but it has also a number which corresponds with our stock, and the mark of our house—there would not be a number on any goods that went out from our house, except on black linen—if any of the young men had a piece of black linen, they would have it with the number and seal on it.
MR. CLARKSON. Q. If any of them had had the piece, they would have had it entered? A. Yes—there is no entry of any of these things.
THOMAS COLEGATE— GUILTY . Aged 23.
WITHERS COLEGATE— NOT GUILTY .
2248. THOMAS COLEGATE was again indicted for stealing, on the 7th of June, 30 yards of corduroy, value 2l. 5s., the goods of Richard Hodgson and another, his masters; and WITHERS COLEGATE for feloniously inciting him to commit the said felony.
RICHARD HODGSON . I have one partner—we keep a Manchester ware-house, in Watling-street. The prisoner Thomas Colegate was in our service—he would be on our premises from nine o'clock in the morning till eight in the evening, and had no opportunity of carrying on a business without neglecting ours—he appeared very attentive—he was out sometimes.
Cross-examined by MR. BODKIN. Q. Was Mr. Elmsley a customer of your house? A. Yes.
EDWIN BLUNDKN . I am an officer. I got this piece of corduroy from Mr. Houghton on the morning of the 12th of July—Houghton said he got it from Thomas Colegate—Withers Colegate came in, and Houghton asked him whether he knew any thing of these, as the officers said they were stolen—he said no.
PHILIP PARISH . I am an officer. I went to Hough ton's with Blunden—while we were there Withers Colegate came into the room, and Houghton said to him, "The officers say these goods are stolen, do you know any thing of them?"—he said, "I do not"—I said, "Are you the brother of Thomas Colegate?"—he said, "Yes"—I asked him where he resided—he said, "At No. 3, Shaftsbury-place, Aldersgate-street"—I said, "My information is that you live in Devonshire-street, and are carrying ona business there"—he said, "No, it was my brother's business—I have been carrying it on, but have left him this week past"—he said nothing
about having any books about him, but I found these books on searching him—he did not say that he had brought any bundle there that morning—I found no cord of this description at Devonshire-street.
Cross-examined by MR. BODKIN. Q. Did you go to the house in Devonshire-street? A. Yes—there were a few invoices found there, but not relating to any of these goods.
MR. CLARKSON. Q. Were there any books found in Devonshire-street? A. Yes, a ledger and a day-book—Mr. Angell has examined the ledger.
JOSEPH HOUGHTON . On the 4th of June, Withers Colegate called on me as he was going by, as was his usual practice—I knew he was managing a business for his brother, but I did not know where—I knew his brother was in the service of Messrs. Hodgson and Co., as a warehouseman—I told Withers Colegate that I was about going off to buy some cord of my draper—he said, "My brother Thomas sells cord, you may as well have it of him"—I said, "Oh, does he?"—I told him I should not want it for two days or so, and to enquire of his brother what price it would be—he called on the following morning, and told me I had better see his brother, and I went to Mr. Hodgson's warehouse, and saw Thomas Colegate there—I took him a pattern of some cord, and asked what he would do me the same sort of cord at—he told me from 20d. to 22d.—that he had not any just then; but he would let me have it in the course of the morrow, if possible—it did not come the next day, and I sent my lad with a note, to say, that if it was not convenient to let me have it by five o'clock that afternoon, I must buy some, as I wanted it—he sent word back that I should have it about three o'clock in the afternoon, and it came by Court, Mr. Hodgson's porter—I asked Court for an invoice of it—he told me he had none—I asked if he knew the price—he said, he did not—I had no invoice—I paid for it in the way of trade, as I have done for the other things—Withers Colegate called on me the morning after I had it—that was on the 6th or the 7th—I cannot exactly say the day—I asked him if he had brought me a bill of the cord—he said, no his brother Thomas could not let me have it under 2s.—I said, I did not much object to that, as it was a good one, and I could not get it cheaper of my draper—I told him to tell his brother to make me out a bill—on the 12th of July, Withers came to my house before the officers came—he said, he wanted to leave a few things, which were afterwards delivered to the officer.
JAMES STEVENS . I am one of the prosecutor's porters. On the 7th of June, Thomas Colegate desired me to cut him thirty yards of cord—he told me the price of the piece, and where it laid—I went there and cut it off—he told me I must take it or send it to Mr. Houghton, a tailor in Jewin-street, and I told Court it was to go—I have told my master of this since—I had a suspicion at the time that it was out of the course of business, and not entered.
Cross-examined by MR. DOANE. Q. Why did not you tell your master? A. Because I wished to be more certain—I did not know whether it was right or wrong—I thought it was irregular, because all the people were at dinner but me and Court—I do not recollect that he told me at the time to remind him to make an entry of it—he asked me to give him the number, and I gave it him, and the length, and price.
MR. CLARKSON. Q. Was there plenty of opportunity for him himself to make an entry of it A. Certainly there was.
take it to Mr. Hough ton's, No. 3, Jewin-street—I delivered it—he did not give me a bill—as I was returning from delivering the cord, I met Thomas Colgate in the Old Change—I said "Mr. Houghton wanted an invoice"—he said he would see him, and make all right.
Cross-examined by MR. DOANE. Q. Was it not your duty to mark a book, to shew that you delivered the goods? A. I looked for its being entered in the book, and could not see it—I spoke to my fellow-servant about it—I did not speak to my master.
JOHN ANGELL . I am a warehouseman to the prosecutor's. They deal in articles of corduroy like this—they have always a stock on hand—I have examined the books for the purpose of seeing whether there is any sale to any person of this cord—a part of it was cut off for a customer named Wakefield, and that is entered—the remainder I cannot find entered on our books at all—I have examined the books found on Withers Colegate—there is no entry in them of the purchase of any goods of any body—there were three books found at Devonshire-street—they do not contain any entry of purchases, but are all sales.
RICHARD HODGSON .re-examined. I think these books are not Thomas Colgate's writing—there may be some lines of his writing, but the generality is not his—this ledger is partly in his writing, and partly not—this day-book has some of his writing in it—I have looked through the bills of parcels which were found in Devonshire-street—there are no goods in our line of business bought since December—nineteen out of twenty of the things found in that place, bore our mark; and I could trace no connexion between any of the goods found there, and any of the invoices, except two small remnants of print.
SAMUEL EMSLEY . I know the prisoner Thomas Colegate, by seeing him at Mr. Hodgson's—I have heard him called Thomas, but I did not know his name—I did not know Withers Colegate till about the 15th of March—he then made himself known to me by the name of William Purkis—he said his brother's name was Robert Purkis, and he was at Manchester—I had not the least idea that he was the brother of Thomas Colegate.
THOMAS COLEGATE— GUILTY . Aged 23.— Transported for Fourteen Years.
WITHERS COLEGATE—GUILTY. Aged 20.—Recommended to mercy by the Jury. — Confined for One Year.
2249. JAMES COIGLEY and MARY COIGLEY were indicted for stealing, on the 8th of December, 1 watch, value 3l., the goods of Thomas Massey and another, the masters of James Coigley; to which JAMES COIGLEY pleaded
GUILTY . Aged 37.— Transported for Seven Years.
(There was another indictment against him.)
No evidence being offered against Mary Coigley, she was
2250. JOSEPH ROBINSON was indicted for stealing, on the 4th of June, 10 yards of mousselin-de-laine, value 17s.; 24 yards of calico, value 10s.; and 6 yards of lawn, value 11s.; the goods of Richard Hodgson and another, his masters; to which he pleaded
GUILTY . Aged 28.— Confined Six Months.
Prisoner's Defence. It was given me.
GUILTY . Aged 21.— Confined Three Months.
JAMES HARLLY . I am a hearth-maker, and live in Johnson-street On the 26th of July, I was coming down Back-lane, Shad well, when a person called out, "There is a girl picking that man's pocket"—I turned, and put my hand into my pocket, and missed my handkerchief—I saw the policeman taking it from the prisoner—this is it—it is mine.
NOT GUILTY .
GUILTY . Aged 23.— Confined Two Years.
MR. DOANB.conducted the Prosecution.
HENRY RICHARD BEALE . I am in the service of Barras and Ryder, tobacconists, in Broad-street, Bloomsbury. We have a customer named Forbes, at Ryegate—on the 20th of July Huggett came to the shop—I had not known him before—he said he came for Mr. Forbes's order—I went and told Mr. Ryder, and found there was no order—Huggett then gave me this order—I took it into the counting-house, and gave it to Mr. Ryder, who came and questioned him—he said he saw Mr. Forbes write the order—I was sent for a policeman—Huggett was taken, and Ellery, also who was waiting outside—(read)—"Mr. W. Forbes wishes Messrs Barras to send him by the bearer, who will wait, 6 best Woodville's, 3 Cuba's, 3 cheroots. Ryegate, July 20, 1839. To Messrs. Barras and Co., High-street, Bloomsbury."
JOSEPH RYDER . I am in partnership with Mr. Barras. Beale brought me this order, I did not believe it to be genuine—I referred to the file where we had some orders of Mr. Forbes's—I showed them to Huggett, and said this did not appear to be Mr. Forbes's writing—he said he hid it from Mr. Forbes—I said I should have him taken into custody, I did not believe he came from Forbes's—he said he did, and that he saw Forbes write it—Ellery was after that brought in, and said that Forbes wrote it, and gave it him—he did not say who he himself had given it to—I had seen Ellery once before.
authorize either of the prisoners to deliver it—Ellery was formerly in my service—I have seen him write frequently—it is his hand-writing.
THOMAS AUGUSTIN CARRITT . I am shopman to the prosecutor. I saw Huggett in the shop—I asked him if he brought that order from Mr. Forbes at Ryegate—he said "Yes"—I asked when he came from Ryegate—he said the day before.
HUGGETT— GUILTY . Aged 20.— Confined Two Years.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 20.— Confined Three Months.
RICHARD MUMFORD . I was at a public-house, on the 27th of July, the prisoner was there—I had some sugar in my pocket and a snuff-box, and missed them—I went for an officer, and met him—I gave the prisoner in charge, and the sugar and snuff-box were found on him.
Cross-examined by MR. PHILLIPS. Q. How long had you been in the public-house? A. Probably an hour before I was first robbed—I consider I was robbed twice in the house—it is the Salisbury Arms, in Durham-street, Strand—I staid there two hours after I was robbed, in search of a bundle I had lost—I was drinking there—I had sent this snuff-box round to the company, for them to take a pinch, and it went off the table without my permission—the sugar was in my pocket—I did not take it out at all—I swear to the sugar by the paper, and the way it is done up—there was a bit of a bustle in the room, as a friend of mine drank out of another man's pot, and the man knocked him down—I was not drunk—there might have been eighteen or twenty people there.
Cross-examined. Q. Where did you find him? A. In Whitehall-place, walking with the prosecutor, who gave him in charge—they appeared on friendly terms.
GEORGE JOHNSON . I am the landlord of the tap where this happened: I was obliged to threaten to call a policeman—they were fighting, so as to disturb the peace—I know the prisoner to bear a very good character—I do not think the prosecutor was sober.
NOT GUILTY .
SARAH HAWKINS . I am the wife of Joseph Hawkins, a musician, of Tottenham-street, Tottenham Court-road. On the 19th of July I employed Dry to wash for me—Trueland came down with me as a friend—I had occasion to leave the house at half-past four o'clock—at half-past five I missed these articles—these are them—(examining them.)
THOMAS CHARD . I am in the service of Mr. Prankard, a pawn broke, in Tottenham Court-road. The two prisoners pawned this violin, bow, and bag, on the 19th of July, for 6s.—Dry pledged it, and Trueland took the money—there was a man with them, who looked like a musician.
Trueland. Mrs. Hawkins came to my place about eleven o'clock—she took me out, and she gave me drink at several places—she then took me to her place—I stopped and had dinner—she then took Dry and me out, and we had more drink—she then went home, and tried to make some tea, but could not, she was so drunk—I was going home—Dry overtook me, and said she was going on an errand for her mistress, and she took these things to pawn—I did not take the money.
Dry, I cannot account for it—we were all very much in liquor.
MRS. HAWKINS. What they had to drink was only on account of the woman washing—I had some half-and-half and some gin-and-water at my own place—I did not authorise either of them to take these things.
TRUELAND— GUILTY . Aged 43. DRY— GUILTY . Aged 34.
Confined Two Months.
2258. JOSEPH CETTI was indicted for stealing, on the 16th of July, 1 bottle, value 1d.;2lbs. weight of quicksilver, value 9s.; and 1 looking-glass and frame, value 1s.; the goods of Francis Ambrosoni, his master.
FRANCIS AMBROSONI . I am a looking-glass manufacturer, and live in Albion-place, Clerkenwell. The prisoner worked for me about eight or nine weeks—I missed the articles stated on the 16th of July—this is the glass—I know it by my mark on it—I know the quicksilver—my wife called me up to search the prisoner's pocket, and I found the bottle in his pocket, with the quicksilver in it.
Prisoner. Q. How can you swear to that glass? A. By the figures on the back—I made them with a pencil—some times people come in, and I put down the amount of the goods on the back of a glass.
Prisoner's Defence. I bought the glass of the prosecutor, and paid him for it—the quicksilver was mine—I bought it.
ALBERT DENNIS SETTLE . I am in the employ of Richard Thomas Swain, of High-street. The prisoner came on the 25th of July, and bought one penny worth of buttons—he wanted me to change them—I did—he walked down the shop, and I missed a paper of buttons—I jumped over the counter, and accused him of taking them—he said he had not—I found them under his arm.
(The prisoner received a good character.)
GUILTY . Aged 13.— Confined One Month and Whipped.
HANNAH GRIFPITHS . I am a widow, and live in Covent-garden-market. The prisoner lodged at my house, and left in November, on account of her being so disorderly—I missed these things when she was gone—(looking at them.)
GUILTY . Aged 30.— Confined Three Months.
Sixth Jury, before Mr. Sergeant Arabin.
2261. FRANCES MILLER was indicted for stealing, on the 6th of August, 2 brooches, value 1l.; 2 scent-bottles, value 6d.; 2 knives, value 6d.; 1 bottle, value 2d.; 1lb. weight of tea, value 1s. 6d.; 3oz. weight of bacon, value 2d.; 15 yards of net, value 2s.; 1/4lb weight of loaf-sugar, value 3d.; and 1 printed book, value 2s. 6d.; the goods bf Andrew John William Lyon, her master; to which she pleaded
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 45.— Confined Three Months.
GUILTY . Aged 28.— Confined Six Weeks.
GUILTY .— Confined Three Months.
which he pleaded
GUILTY . Aged 42.— Confined three Months.
GUILTY . Aged 19.— Transported for Seven Yean.
THOMAS BUTLER . I am a linen-draper in Shoreditch. I have known the prisoner as a customer two or three years—he is a stock maker—he came on the 2nd of August, and inquired for some common linen, and endeavoured to sell some stocks—I believe the linen was shown to him, but he did not buy any thing—he was going away, but got no further than the door, when I called him back, and said he had something that did not belong to him
—he said he had not—I took off his hat, and found this piece of lawn in it, and this linen was found in his box.
Cross-examined by MR. PHILLIPS. Q. Is not he rather flighty in his mind? A. I have no idea that he is—he left his box behind him, and was going away.
Cross-examined. Q. Did you see the box? A. I saw it opened, and the linen was found under the stocks.
WILLIAM KNIGHT . I live in Hornsey-lane, Holloway. I have known the prisoner four or five years, and have had large transactions with him—during the last few months I have seen strange wanderings of mind in him.
NOT GUILTY .
2268. JOSEPH MOLES was indicted for stealing, on the 21st of May, 2 beds, value 1l. 10s.; 1 rug, value 2s.; and 6 blankets, value 12s.; the goods of George Marshall: 1 pillow, value 5s.; 1 pillow-case, value 6d; the goods of Thomas Dare: 1 pillow, value 5s.; 1 pillow-case, value 6d.; 1 pair of trowsers, value 1s.; and 1 coat, value 4s.; the goods of Charles Downes, in a barge on the navigable river Thames; and that he had been before convicted of felony.
THOMAS DARE . I am a bargeman. On the 21st of May my barge was in the Thames, at Old Brentford, in the parish of Ealing—I did not know the prisoner—the property stated was all safe in the cabin on the 21st of May, when I left it, and on the 22nd, when I returned, it was gone—I saw it at the station-house at Brentford—part of it was mine, part was Mr. George Marshall's, a timber-merchant, and part was Charles Downes's—here is some of it—(looking at some articles.)
JOHN HANSLOW .(police-constable T 177.) On the morning of the 22nd of May, about one o'clock, I was on duty at Old Brentford—I saw the prisoner and Gardner coming towards me—the prisoner had a rug, and Gardner a sack—I asked what they had got—they both said, their bedding, and that they came from Mr. Eaton's barge—I took them to the station-house, and found they had the articles here stated—the inspector let them go, I afterwards received information, and found the property at a home in Bailey's-row—I took the prisoner, but Gardner was gone.
Prisoner's Defence. Stokes told us to take them to his house, and we did—there was nobody at home—we were going along with them, and were taken.
GUILTY . Aged 20.— Transported for Fourteen Years.
2269. GARRETT ROACH was indicted for stealing, on the 10th of August, 1 shift, value 2s.; 1 petticoat, value 2s.; 5 stockings, value10d.;1 towel, value 1d.; and 1 handkerchief, value 1d.; the goods of Elizabeth Donovan.
JAMES HORRIOAN . I live in the same house with Elizabeth Donovan, in Vine-court, Wych-street. Last Saturday morning, at half-past five o'clock, I looked out at the back window, and saw the prisoner, who lives in the garret, getting out of the prosecutor's back parlour window—he went into the privy—I gave an alarm, and he was taken with these things.
WILLIAM BOWYER .(police-constable F 121.) At half-past five o'clock, on Saturday morning, I was called—I took the prisoner, who had this petticoat and shift—these other things were found in the privy.
GUILTY . * Aged 13.— Transported for Seven Years.—Convict Ship.
SARAH ANN TIDDER . I am the wife of Joseph Tidder, we keep an umbrella-shop in Alie-street, Whitechapel. On the 8th of August, about half-past nine o'clock, I was in the parlour, and saw the prisoner enter the shop, and take five umbrellas and a parasol—he went out immediately—I ran out, gave an alarm, and he was taken—these are my husband's.
WILLIAM WILLIAMS . I am a porter. I heard the alarm—the prisoner ran up an avenue leading to the White Hart—I pursued and took him—I took hold of the umbrellas, and said, "Where did you get these?"—he said, "I bought them"—I said, "You must return with me," and I laid hold of his arm—he said, "If you do not go away, I will stick a b——y knife into you"—I kept him, and gave him in charge.
Prisoner. Q. Did you see a knife on me? A. did not see you searched.
GUILTY . * Aged 34.— Transported for Seven Tears.
GUILTY . Confined Three Months.
BRIDGET READY . I am the wife of John Ready, who is a pensioner, we live in Field-lane. I have known the prisoner twelve months—she did not live in my house, but I gave her leave to wash her face and hands there, after she stole out of Gray's Inn-lane workhouse—I missed a shift from under the pillow of my bed—I have never seen it since—it was my child's shift, who is in St. Patrick's school.
BRIDGET LEARY . I lodge at the prosecutrix's—I never saw the prisoner till that morning—she asked me to go upstairs with her to make the bed—she went up before me and sat on the bed, and when I got in she was
taking the girl's shift—I went to find the landlady, and the prisoner got away.
Prisoner's Defence. I was passing—the prosecutrix asked me to go in her house—I staid twenty minutes, and we three went to the wine-vaults—we had a pint of beer, and then the prosecutrix asked me if I had any money—I said I had only a halfpenny, but I would go to my daughter and get some—I went out, and saw no more of her till the 5th of August, when she brought the officer—I had heard that my daughter was at her house—I went to get her away, and she would not let her come, and I broke her windows—she took me up, but I got no punishment, and she said she would have her revenge.
GUILTY . Aged 65.— Confined Nine Months.
GEORGE SCHUNTER . I am a news-agent, and live in Bethnal-green-road. The prisoner was my servant for six or seven weeks—I was informed she had stolen this, and challenged her with it—she said she had not sold it, but only pawned it in Bethnal-green-road.
ELIZA BAILEY . I have known the prisoner about two years—I keep a chandler's shop—she brought me this table-cloth about the 15th or 16th of July, and asked me to buy it—I said, "Is it your own?"—she said, "Yes," and she wanted 2s. for it—I gave her 2s. for it.
Prisoner's Defence. It is a spiteful thing—the woman he keeps used to send out bits of brass and copper, and even the top of the fender to sell—I was not his servant—I used to take in work for the woman he keeps. GUILTY . Aged 50.— Confined Three Months.
(There was another indictment against the prisoner.)
WILLIAM JAMES . I am shopman to Mr. William Taylor, a hosier in Holborn. On the 20th of July, about nine o'clock in the evening, I saw the prisoner come and take this shirt from the window—he was going to walk away—I stopped him and took it from him—he had another boy with him.
GUILTY . Aged 8.— Transported for Seven Years.—Convict Ship.
2275. JAMES GRIFFITHS was indicted for stealing, on the 7th of August, 2 loaves of bread, value 9d.;1 teapot-stand, value 2s.; 1 milkpot, value 1s. 8d.;1 basin, value 1s.; 1/2 lb. weight of cheese, value 1s.;1/2lb. weight of butter, value 6d.; and 2 eggs, value 1d.; the goods of Francis Belcher Allen.
FRANCIS BELCHER ALLEN . I live in New-street, Kensington, and am a builder. On the 7th of August I was up at half-past four o'clock in the morning, and missed these articles from the safe in the area—the safe was not locked—there is no door to the area—they bad all been sale the evening before—I received information, and saw the property at Queen-square office.
ROBERT M'KENZIE . I am a policeman. I was on duty in Sloane-street, and fell in with the prisoner between two and three o'clock in the morning, with the articles stated, in a coat—I asked what he had got—he said some loaves of bread—I searched, and found this milk-pot—he said be bad found that—I took him to the station-house, and he pulled the teapot-stand out of his hat, and said he found that also.
GUILTY . Aged 22.— Transported for Seven, Years.
MATTHEW TESTER . I am a servant out of place, and lodge in Tottenham-court-road. Yesterday morning I was at the end of St. Giles's, about ten minutes before eight o'clock—I had a handkerchief in my pocket—I did not miss it till I got back to my lodgings in the evening—I then received information, and saw it at the station-house—this is it.
THOMAS PEGLER . I am a policeman. I was on duty yesterday morning in St. Giles's, and saw the prosecutor—I saw the prisoner follow him, and take his handkerchief from his pocket—he saw me, and ran away—I pursued and caught him—he said, "For what reason do you take me?"—I mid, "Where is the handkerchief?"—he had dropped it, and it was brought to me by a boy in about a minute—I brought the prisoner back to the place where he took it, but the prosecutor was gone—I found him in the evening—he described the handkerchief, and I showed it to him.
Prisoner's Defence.—I had just come out of a coffee-shop, and the officer took me—a handkerchief was brought to him, and he said I had stolen it.
GUILTY . * Aged 19.— Transported for Ten Years.
MARY SMITH . I am a widow, and live in Margaret-street, Westminster. The prisoner's father is a navigator, and his mother goes out to wash and clean—they lodge in the second-floor room at that house—the prisoner was with them when he was at home—on the 26th of July I went out about half-past seven, and returned at eight o'clock—I had locked my room door, and put the key into a little oven—when I came back the key. was in the door, and the door not locked—I went into the room—I found my waist-ribbon on the floor, and my work was lying about—I opened my box, and missed my gown—the prisoner did not come homo till eleven o'clock the next morning—I did not then know that he had any thing to do with my gown, but I suspected him.
I produce the gown, which was pawned by Mary Ann Harris, about eight o'clock in the evening, on the 26th of July.
JAMES SKELTON . I am a policeman. I took the prisoner on the 27th—he denied all knowledge of the robbery, and said it was spite, on account of his being in prison before—he said he had slept at his sister's the night before, but I found that he had not.
(Property produced and sworn to.)
Prisoner's Defence. About half-past seven o'clock that night, a young man came to me with a gown under his arm—he asked if I wanted to buy it—I said no—he asked if I would let him have 5s. on it—I took it to my sister's—she pledged it for 85., and the young man gave me 3s. of it I
am innocent of stealing it—there was a lodger in the house, who saw me go out, and I had nothing with me.
GUILTY . * Aged 18.— Transported for Fourteen Years.
MR. PAYNE.conducted the Prosecution.
ANN LAMB . I am the wife of Frederick Herbert Lamb, a modeller, who lives at No. 37, Winchester-street, Pentonville. The prisoner Hill was in my service—I discharged her on Thursday, the 8th of August—I had her from St. Pancras Workhouse, and took her back there, and in going along I saw the other prisoner, who persuaded Hill to insult me, and not to go back to the workhouse, but to go home with her—I have two little boys—one is Charles James Lamb—he is three years and a half old, and another, who is between four and five—on the Friday afternoon, the day after 1 discharged Hill, I sent them to school, and they were brought home by Watkins—I missed from Charles James his frock, which he had on when he went to school—I did not desire Hill to go for the children that day—she was not then in my service.
ELIZABETH HARRIET COPSON . I am assistant to Mrs. Hassell, who keeps a school in Collier-street—Lamb's children came to school there—they came on that Friday, and about half-past three o'clock Hill came to fetch them—she said she came for the two children, and her mistress wanted them directly—she had been to fetch them before—Charles James Lamb had his frock on when he left.
EMMA ANN WATKINS . I live in Regent's Cottages, White Conduitfields. On that afternoon, about half-past four o'clock, I was near some arches in the Chalk-road—I saw the two Lambs there, and the little one had no frock on—I found where they lived, and took them home.
WILLIAM HARRIS .(police-constable N 112.) On that Friday I was near the arches in the Chalk-road—I saw Butler sitting on the grass, at the mouth of one of the arches, and she had got Charles James Lamb in her lap—I told her to go out of the field—she said something, and Hill came out from under the arch, and looked at me—they were together.
ELIZABETH BEARD . I am the wife of John Beard, of Weston-street, Somers-town. On that Friday afternoon, about half-past five o'clock, both the prisoners came to my shop—Butler asked me if I wanted to buy a frock for either of my children—I said I did not—Hill said, "You know me"—I said, "I know your face"—she said, "Will you have the frock?"—I said, "No"—I at last took the frock of Butler—this is it.
Hill's Defence. It was not me that stripped the children—Butler stripped them, and sold the frock.
Butler's Defence. She fetched the children from school, and took off the frock—I said, "You had better not do it."
HILL— GUILTY . Aged 15.
BUTLER— GUILTY . Aged 19.
Transported for Ten Years.—
OLD COURT.—Friday, August 16th, 1839.
Third Jury, before Mr. Sergeant Arabin.
ELIZABETH TAYLOR . I am the wife of John Taylor, and keep a brush and urnery warehouse, in High-street, Whitechapel. On the 11th of July, between eleven and twelve o'clock in the morning, I was in the back parlour, and saw a man in the shop, across the counter—I saw him run away—I screamed, and ran to the door—my nephew came from the cellar, and ran and secured the prisoner—I found a drawer open, and four combs gone, which were in a paper by themselves—the prisoner was taken in five minutes—he is dressed like the man I taw, but I did not see his face—I believe him to be the man—he said he was not the person.
ROBERT BEAVAN CEELEY . I live in Fountain-court, Liverpool-street I was at work in Mr. Taylor's cellar—I heard the alarm, got out of the cellar, and met Mrs. Taylor in the alley, by the side of the shop, and the prisoner running as fast as he could—I pursued him to the bottom of the alley, into Castle-street—I missed him for a second or two—I went down a turning, and heard a door slam, and a girl pointed towards the door—I found another door facing me, shut, which led into a dark kind of a wash-house—I there found the prisoner; stooping down at some bricks—I collared him, and took him outside—he called to a man by the name of Charley, and told him not to let me take him—an officer came up, and I gave him to him—we went to the bricks where we had seen him stooping down, and found these four combs there—there was no one running but him, and he was out of breath.
Prisoner's Defence. I was taken very bad in my inside, and went into the house to the privy—I was there two minutes—another man jumped over the wall as I was coming out of the privy—I had sore feet at the time, and was stooping down to feel my feet, when this man collared me.
GUILTY . † Aged 31.— Confined Six Months.
WILLIAM WATSON . I live in the City-road. On the 12th of August the prisoner came into my shop with a basket, and asked if I wanted any country cakes—I lifted up the cloth over her basket, and found this teacaddy of mine—she said my man must have put it in, but he was standing outside the shop—this is my caddy—(produced.)
(The prisoner put in a written Defence, stating that she went into the shop, and, in the suddenness of coming out, the tea-caddy had fallen into her basket from he table.)
GUILTY. Aged 48.—Recommended to mercy. — Confined One Month.
Before Lord Chief Justice Denman.
2281. WILLIAM AYRES was indicted for burglariously breaking and entering the dwelling-house of William Nunn, at St. Matthew, Bethnal-green, 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 pair of spectacles, value 10s.; 4 paintings and frames, value 12s.; the goods of William Nunn: 1 pair of trowsers, value 12s.; 1 watch, value 1l.; 1 shirt, value 2s.; 1 waistcoat, value 1s.; 2 handkerchiefs, value 1s. 6d.;1 stocking, value 6d.; and the sum of 4d. in copper; the goods and monies of Willian Ross: and 1 time-piece, value 10s., the goods of George Gilligan.
WILLIAM NUNN . I am a green-grocer, and live in Church-Street, Bethnal-green. On the 30th of June I went to bed about half-past one o'clock in the morning, and saw the house secure—the windows were all sound—I was disturbed by the policeman about ten minutes after five o'clock in the morning—I got up, and found the drawers broken open, and things taken out and put upon the table in the back-parlour, even with the shop—the policeman came in with a bundle, containing a waistcoat, trowsers, shoes, and various articles, which were in my house the night before—the house had been entered by cutting a pane of glass in the parlour window, and opening it—I had fastened the window myself the night before—the prisoner has been an apprentice next door to me—here are the articles produced by the policeman—I can speak to them—this is the case of a time-piece, which was left in my care, and was in the parlour—the time-piece was taken out of it, and the case remained—it had been broken to get the time-piece out—a person was tried last Sessions for this, and acquitted, and the property was given up then—the things stolen were not more than one man could carry—there was one bundle tied up ready to be taken away, and another was taken away.
WILLIAM ALDERMAN .(police-constable H 7.) On the morning of the 30th of June I was on duty in Bethnal-green-road, and I heard an alarm—I went to the corner of Edward-street, and Charles-street, Bethnal-green, at (en minutes after five o'clock, and saw a person named Batchelor with a bundle in his hand, on the tiles of a bakehouse, three doors from Mr. Nunn's—he gave me information, and I got a bundle from him—it contained a coat, a waistcoat, a pair of trowsers, and other articles, which were produced last Sessions, and given up—I took it to Mr. Nunn's, and the property was identified by Ross and Nunn—he was not here himself last Sessions to identify it—I found Mr. Nunn's back window open, as he has described—the prisoner was taken
by an Ilford constable, and given to me, about a fortnight after the robbery—I found this shirt on him, which was claimed by William Ross.
SAMUEL DAVIS . I am a constable of Ilford. On the 7th of July I received the prisoner into custody—I found on him two duplicates, which I produce—one is for a silver watch, and the other for part of a time-piece—I asked how he accounted for them, not being pawned in his own name—I could not get an answer to that—I asked if they were his own property—be said "Yes"—I showed the duplicate of the watch to Tarrant—I found two small chisels and a centrebit on the prisoner—I applied them to Nunn's window, and the smallest chisel fits as if it had made the mark.
WALTER TARRANT . I am in the service of Mr. Dobree, a pawnbroker, in Charlotte-street, Fitzroy-square. I produce a watch pawned with me on the 1st of July, I cannot say who by—this duplicate produced is what I gave to the person who pawned it—I cannot say. whether it was the prisoner or not.
HENRY BODMAN . I am shopman to Mr. Reeves, a pawnbroker, in Gray's Inn-lane. I produce the works of a time-piece pawned on the 1st of July by the prisoner, in the name of John Wright, Drury-lane—the duplicate produced is what I gave him—I am quite certain of him.
WILLIAM ROSS . I am servant to Mr. Nunn. On the night the house was robbed I slept underneath the counter of his shop—I was disturbed about a quarter after five o'clock—I looked 'about, and missed my watch, trowsers, waistcoat, shirt, and other things—this is my watch and shirt.
GEORGE GILLIOAN . I am a silk-printer, and live at Waltham-abbey. I left a chest-of-drawers in the care of Mr. Nunn, containing a coat, waist-coat, a time-piece, and other articles—this is the time-piece and case—the coat and waistcoat I have on now—they belong to me, and were produced at the last-trial.
Prisoner's Defence. I bought the duplicates—I did not pledge the time-piece.
GUILTY . Aged 21.— Transported for Fifteen Years. (There were two other indictments against the prisoner.)
2282. MARGARET RAGEN was indicted for burglariously breaking and entering the dwelling-house of James Nash, at St. Giles-in-the-Fields, about the hour of one in the night of the 3rd of August, with intent to steal and stealing therein, 1 jacket, value 12s.; 2 pain of trowsers, value 10s.; 2 frocks, value 4s.; 1 shirt, value 1s.; 5 caps, value 2s.; 3 shifts, value 3s.; 1 table-cloth, value 1s.; 1 yard of muslin, value 1s.; and 3 yards of calico, value 1s.; his property.
MARY NASH . I am the wife of James Nash, a labourer, and live in Smart's-buildings, Holborn, in the parish of St. Giles's-in-the-fields. The prisoner lodged with me for nine months and a fortnight—four or five months ago, when she left I missed the key of my door, and got another—on Saturday, the 3rd of August, I went out at twelve o'clock at night—I locked the door, returned at half-past two o'clock, and found the door closed to, but not locked—I could push it open—on entering my room I missed a jacket, a pair of trowsers of my husband's, a flannel shirt, a boy's suit, and several other little articles, which have been found—(produced)—I know all these things—this is the dirty cap which I took off that night—here are several other things I know—I had left them in my room when I went out—I went to the prisoner's room with the officer—I stood outside.
Prisoner. When I left I owed her a trifle of rent—the husband said
the sooner I left the better, and he kept a petticoat and linen apron from me—he said, "Take away your things"—I found these things among them, and was going to take them back. Witness. They were in my room the night before, and she had left five months before.
Prisoner. Q. Did not I meet you, and your husband, and did not we have some gin together? A. No—I and my husband met her in Broad-street at half-past twelve o'clock, on the night of the robbery—she asked where we were going—he said, "To a wake," and we were in a hurry—she asked, "Where"—he said, "To Marylebone"—she asked if we had left the child at home by itself—he said, "Yes," and wished her good night—there was no petticoat of hers in my room.
Prisoner. That is mine now produced, there are two tucks not taken out. Witness. This was my boy's long frock—it is not a petticoat—I cut it, and made two short frocks of it—there are some tucks in it taken out, but they were in it when it was the long frock—she did leave a petticoat in the next room to mine, and that was pledged out of that room—it was not in my room.
JOHN BRADLEY .(police-constable D 24.) On Sunday rooming, the 4th of August, I went to the prisoner's room by Mrs. Nash's desire, and took her into custody—I searched her room, after taking her to the station-house, and found the things I now produce—I also found this key under the bed sacking, which I found fitted the prosecutor's door—two pinafores and a table-cloth were given to me afterwards by a woman in the house.
Prisoner's Defence. The prosecutrix said my petticoat was in her room, and I went after it—I hope you will have mercy on me for my poor baby's sake—they turned me out of doors.
GUILTY. Aged 33.—Recommended to mercy. — Confined Six Months.
2283. CHARLES CURTIS was indicted for stealing, on the 24th of July, at St. James's, Westminster, 5 sovereigns, and 1 £5 Bank note, the monies and property of Edward Curtis, his master, in his dwelling-house; to which he pleaded
GUILTY. Aged 21.—Recommended to mercy. — Transported for Ten Years.
2284. MARY THOMPSON was indicted for stealing, on the 9th of July, 3 blankets, value 7s.; 1 counterpane, value 2s.; 1 pillow, value 3s.; 2 sheets, value 4s.; 2 cups, value 2s.; 1 milk-pot, value 1s.; 1 tea-pot, value 4s.; 2 basins, value 1s.; 9 knives, value 8s.; 6 plates, value 3s.; 2 dishes, value 1s. 6d.;3 candlesticks, value 7s.; 1 basket, value 1s.; 14 towels, value 5s.; 3 shawls, value 5s; 1 table-cloth, value 4s.; 1 spoon, value 2s. 6d.; and 3 handkerchiefs, value 2s.; the goods of Elzard Anthony Tardieu, her master: and MARY ANN ANDREWS , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. ADOLPHUS.conducted the Prosecution.
LOUISA TARDIEU . I am the wife of Elzard Anthony Tardieu, and live in City-terrace, City-road, in the parish of St. Luke. The prisoner Thompson came into my service on the 28th of June, and left on the 9th of July at night—I went to bed at nine o'clock that night, being very unwell—about eleven o'clock a gentleman came home, and I then found the door open, and she was gone—she had given me no notice of her intention to leave—there was nobody but myself, my husband, and her, in the house—I shut the door then and went to bed—nobody was let in that night, except the gentleman who is here—next morning I missed the articles stated, which were all safe the night before—I afterwards found the prisoner in
custody, and the articles were produced—I bad not discharged her—she was in my service at the time she left.
JOHN HUDSON . I am clerk to a solicitor. I lodged at the prosecutor's house—on the 9th of July, I came home about five minutes after eleven o'clock, and found the street-door wide open—I called out several times, and went down the passage, but receiving no answer, I shut the door to—I went and got a policeman—we knocked at the door several times, and aroused Mrs. Tardieu—the prisoner had left the house.
REBECCA SARAH SMITH , I am single, and live in Great Earl-street, Seven-dials—I have known the prisoner Andrews between three and four years—I believe she is married—she has a person she calls her husband—in consequence of something that person communicated to me, on the 10th of July, I went to Mrs. Andrews, who lives in Blue Anchor-alley, Bunhillrow—I saw her standing at a coal shed-door, opposite where she lives—she came over to me, and asked if Mr. Andrews had called on me—I said, "Yes, he says you want me"—she said, "Yes, I want you to do me a favour, for a person has lent me two or three things, to make a little money of"—I went up stairs with her, and there was two brass candlesticks and a metal tea-pot—she put them into a basket, and came down with roe, and we went towards Clerkenwell, through Jerusalem-passage—she there took out the two candlesticks and gave them me to pledge—I pledged them for 2s., in the name of Johnson, I think, and gave her the money and tickets—she told me to put them in that name—she then gave me the tea-pot, which I pledged at the corner of Exmouth-street, for 18d., and gave her the money and duplicate—we then came back to her own house, and had a quartern of gin—we went up stairs, and on the two-pair a neighbour, Mrs. Holland, called her into her room, and said, "I want to speak to you"—there has been two policemen after you, describing a person like you, and a girl"—she said, "What do you mean? what does the policeman want of me?"—she then went up her own stairs, apparently very angry, saying something which I could not hear—I went home, and did not go into her room any more that day—next morning, about a quarter to ten o'clock, four knocks came to my door—I went down, and saw the two prisoners—they both had parcels in their hands—they came up stairs into my room—Thompson said, "How came you to go away so, yesterday afternoon?"—I said, "I heard quite enough to make me go"—Mrs. Andrews appeared the worse for liquor, and Thompson exclaimed, "Oh dear! I must be mad drunk, to rob my mistress"—Mrs. Andrews said, "I have some China, and a sheet, I wish to leave them here"—I said, "I will have nothing to do with them"—Andrews said, "Then we will sell them"—Thompson said, while Mrs. Andrews and I were gone out on the Wednesday, she had a great mind to get up and hang herself—(she was lying in bed when I went to Mrs. Andrews's house)—we all three came down stairs, and went towards Vinegar-yard—Thompson then left us, and went to sell the China—she returned in a very few moments, and told Mrs. Andrews she had sold the China for 9d.—we then proceeded to Monmouth-street, where Thompson left us, and said she would go and sell the sheet—Mrs. Andrews held the sheet, while Thompson went to sell the China, and then gave it to her to sell—I walked on with Mrs. Andrews, and then said to her, "How came you to send for me yesterday, to make away with these things, when you knew they were stolen?"—she said, "Oh, don't bother, you shall not be hurt"—I then said to her, "When I was in your place yesterday, I thought I saw some knives and forks, on the end of a bench
under the window; I suppose those were stolen"—she said, "Yes," and said her husband took them out that morning to throw away—Thompson by this time, overtook us, and told Andrews she had sold the sheet for 1s.—Andrews held out her hand, but I did not see her give her the money—we then returned, and came down Holborn, went into a public-house, and there Thompson gave Mrs. Andrews some money—I could not see what quantity—Andrews went to the bar, and got a pint of porter and a quartern of gin—she sat down and went to sleep—Thompson sat down, and in a short period fainted away—I roused Andrews up—she went to the bar and got some vinegar, and got her too—we then all left the public-house, and when we got outside Thompson got better, and exclaimed, several times, "Oh, what shall I do? I wish I was dead"—Andrews walked on before, and Thompson walked with me, and told me that the evening before she had taken out a pillow, and given it to a girl to sell; that she brought her 1s. 3d. for it, which she had spent herself—I said, "I suppose, then, you drank a good drop last night?"—she said, "Yes, I did, for I do not know what time I got home to Andrews's house"—she then exclaimed, "Oh, what shall I do? they are sure to fetch me; I shall make away with myself!"—we went home towards Whitecross-street, where Andrews lives—nothing passed there, but Thompson sent Andrew with a frock of her own to pawn, to get some tea, and we had tea together—I saw no more till they were in custody.
Cross-examined by MR. PAYNE. Q. How do you get your living? A. A man I have lived with many years supports me—he is a machine ruler—it was not Thompson that wished to leave the crockery with me, it was Andrews—Thompson did not say she did not care what she did with it, she must get rid of it somewhere—Andrews said, "We must sell it"—Thompson said in Vinegar-yard she would go and sell the crockery, and she went and sold it—I and Andrews waited for her—Andrews had a basket with her, and the sheet was in it—I told Andrews it was wrong of her to send for me to pawn the things, as she knew them to be stolen—I am quite positive I said she knew them to be stolen—we had a pint of beer in Holborn—I first gave evidence of this on Thursday afternoon, when a policeman came to my house—I did not volunteer my testimony.
COURT. Q. What did the policeman say when he came? A. He said he came from some parties in St. Luke's—that Thompson and Andrews had been taken up for a robbery; and Thompson having said I had pawned some of the articles, he wished to search my place.
JAMES INWOOD . I am in the service of Mary Ann Bulworthy, a pawnbroker in Aylesbury-street, Clerkenwell. On the 10th of July, a pair of candlesticks were pawned with me by Smith, for 2s., in the name of Ann Robinson, No. 4, John-street—she was alone.
THOMAS PRENTICE .—I am in the employment of James Telfer, a pawnbroker in Whitecross-street. On the 10th July, a counterpane and sheet were pawned for 3s. by the prisoner Andrews—on the following day, a blanket was pawned for 9d., in the name of Smith; but not by the witness Smith, or either of the prisoners.
Cross-examined. Q. Did you know Andrews before? A. Yes; I have a distinct recollection of her.
1s. 6d., and a table-cloth and napkin for 2s., by Andrews, I believe—I gave two duplicates—I will not swear to her.
ROBERT COLE .(police-constable G 193.) On Friday, the 12th of July, I went with Peat to Blue Anchor-alley, Bunhill-row, to Andrews's room—I found Thompson there—Andrews was not in the room at the time, and; did not come in while I was there—I took Thompson into custody, and told her I wanted her for a robbery—she said, "Oh dear! what shall I do?"—sho was sober.
JOSIAH PEAT .(police-constable G 125.) On the 12th of July, I took Andrews into custody—I told her it was on suspicion of receiving property stolen by Thompson—she said she had got nothing—I searched her place, but found nothing—I saw the duplicate of the candlesticks taken from her pocket in the station-house, by the female searcher.
(Property produced and sworn to.)
Thompson's Defence. This woman did not know they were stolen—she did not know they were in her room till next morning—after I told her such things were in her place, she said, "My God, what shall I do with them?"—Mrs. Smith said, "I will take them out and make away with them"—and she pawned the candlesticks and things—she said she would get rid of them—she and her husband spent some of the money at the Barley-mow public-house.
THOMPSON—GUILTY. Aged 19.—Recommended to mercy. — Confined Twelve Months; Three Days solitary, at three different periods.
ANDREWS— GUILTY . Aged 52.— Transported for Fourteen Years.
MART MORGAN . I am the wife of Samuel Morgan, of the Strand. On the 3rd of August, the prisoner came to receive some gloves for his father—he was standing in the shop—I was in the parlour—I saw a movement of his hand which led me to suppose something was taken from the counter where he stood—I went forward into the shop—he stood there with his hat in his hand, and a bag on the top of the hat, covering the open part of the hat—I desired him to wait a little while and he should be attended to, and desired him to put down his hat—he put it down on the ground on a stool sideways, so that it leant against the stool—the bag fell forwards, and I saw something there—I put my hand down, and took the piece of handkerchief out of his hat—I locked the door, detained him, and sent my son for my husband, who came as soon as possible, and he called in Lock, the policeman, who took him.
Cross-examined by MR. PAYNE. Q. Was there any thing between you and him when you saw him in the shop? A. A glass-door—I saw a movement of his hand which aroused ray suspicion—he put down his hat when I told him—he had been in the habit of coming for gloves to be cleaned for a long time—we never missed any thing before—his father is a glove cleaner.
JAMES LOCK . I am a policeman. I was called in, and took the prisoner in charge in the shop—the handkerchiefs were then lying in the hat, which was on the ground—the prisoner said it was his first offence, and he hoped Mr. Morgan would send for his father.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy. — Confined One Month.
CHARLOTTE HOPE . I am the wife of Alexander Hope, and am servant to a person in Oxford-street. I live in Buckingham-place—I have known the prisoner about five months—she called at my house on Saturday, the 27th of July—I gave her a dinner—we both went out together, about half-past one o'clock—I locked the door, and left the key inside the window, which I shut down, ready for my husband—she stood on the stairs, and could not see me put it there—I returned at nine o'clock in the evening, and found my door open, and the key in it—I missed my watch and stand off the mantel-shelf—on the Sunday afternoon I met the prisoner in Drury-lane—I had a policeman with me—I said, "You are the very perm I want to see"—she asked what for—I charged her with stealing my watch and stand—shedenied it, buton her way to the station-house she looked round and said, "O Mrs. Hope, what will you do to me if I tell you?"—I said, "Tell me, and then I will tell you what I will do"—she said, "I have pawned it for 8s., and here is the ticket"—which she gave the policeman—she is a servant out of place—this is my watch—(looking at it.)
(The prisoner received a good character.)
GUILTY. Aged 16.—Recommended to mercy. — Confined Two Months;
Three Days solitary, at two different periods.
2287. CAROLINE CLIFFORD and HARRIETT BIRD were indieted for stealing, on the 12th of August, 1 purse, value 1s.; 1 crown; 3 half-crowns; 2 shillings; and 1 sixpence; the goods and monies of William Thomas Cutts, from the person of Elizabeth Cutts.
ELIZABETH CUTTS . I am the wife of William Thomas Cutts, a law writer, in Tooke's-court, Chancery-lane. On Saturday night, the 10th of August, about half-past ten or a quarter to eleven o'clock, I went into the shop of Mr. King, a pawnbroker, in Holborn—it is a pawnbroker's on one side and a jeweller's on the other—I went to the jewellery side—I saw both the prisoners in the shop—they made way for me to stand between them—there were several other persons in the shop—the prisoners stood near me—I was not there many minutes when I put my hand to my pocket, and my purse was safe—I put my hand in my pocket again, with in three minutes, and the purse was gone—I turned round, and saw Bird, the other prisoner was gone—I took hold of Bird, and accused her of having taken my purse—she said she had not—I then asked her where the other girl was—she said she was gone round to the boxes—I took Bird to the boxes, and Clifford was not there—I asked Bird where she lived—she said she would show me—I took her across the road, and gave her in charge—she told us Clifford lived on Saffron-hill—we went and found her there at play with other children in the street—I said to the constable, "That is the girl who was standing behind me"—she attempted to run away. but he caught her—I said, "You have taken my purse"—she said, "I have not"—I afterwards said, "What have you done with the purse?"—she said she had thrown it away in Holborn, that she had changed the five shilling piece and half-crown, some she had spent and some she had got—I
had a five shilling piece, three half-crowns, two shillings, and a sixpence in my purse—some money, a doll, and some trinkets were found on her.
GEORGE BERRY . I am a policeman. I was on duty in Holborn last Saturday night, and Mrs. Cutts gave Bird into my charge—I afterwards took Clifford playing in the street with some girls—she attempted to run away—a policeman caught her and brought her back—Bird, when she was first charged, said she had not committed the robbery, but she thought the other one had, as she ran away and left her, and she knew where she lived—she could not give us the number, but she would show us where it was, and she went with us—Clifford said Bird tapped her hand against the lady's pocket in the shop, as much as to say she had money, and she (Clifford) then put her hand into her pocket, took it, turned the money into her own pocket, and threw the purse away in Hol born, as she always did do—when I got hold of her, I asked her where the purse was—she said she had thrown it away in Hol born—that she had changed the fire shilling piece and a half-crown, and spent some, and the rest she had—Bird heard this, but said nothing to it.
CLIFFORD— GUILTY . Aged 10.— Confined One Year in the Penitentiary.
BIRD— NOT GUILTY .
JOHN WARREN . I live in Jamaica-place, Commercial-road. On Saturday, the 20th of July, I was coming along Vinegar-lane, Commercial-road—the prisoner accosted me between twelve and one o'clock, and asked me to come into the house where she was, and if not to give her something to drink—I pulled out my puree, which had silver at one end and four sovereigns at the other—I gave her two sixpences out of my purse, and she immediately snatched my purse from me like an arrow out of a bow, and went off with it into the house—I went in after her, and said I was robbed—I saw nobody, but in a minute or two a woman came and said, "She does not live here, but she comes here sometimes"—she was afterwards taken up—I have no doubt the prisoner is the person—I have seen her at the door as I have passed by before—I pass there several times to the London Docks—I was never inside the house before.
Cross-examincd by MR. CLARKSON. Q. Did you ever say before today that you had seen the prisoner before? A. I was never asked the question—I am in my 87th year—Vinegar-lane is a very bad place, but it was the nearest way for me to go on my business to the docks—I was coming from a friend's on this occasion—I was not on business—I frequently go that way—girls are in the habit of sitting at the doors there—I have not found my purse—I do not recollect whether the prisoner had a shawl on, but I had seen her before and knew her.
THOMAS SQUIRE . I am a policeman. On the Saturday in question, I received information, and took the prisoner between four and five o'clock that afternoon in High-street, Shadwell—I had been to the house before, but could not find her—I know she resorts to Vinegar-lane—I told her it was for robbing an old gentleman in Vinegar-lane, at the house of Sally Jones, of 4l. or 5l. and some silver—she said, "I declare I have not been in
Vinegar-lane to-day, and to prove to you I have not had any money, I have pawned my shawl for 5s., and here is the ticket.
Cross-examined. Q. You have known her before, have you? A. Yes, for two or three years—I never said I owed it to her, nor that I would get her a free journey to Sydney—I never had any conversation with her about a pocket handkerchief, which she promised me, nor about a handkerchiefs at all—I did nor say, "You promised me a silk handkerchief when I was on duty in Vinegar-lane—you forget your promise, though the other girls do not forget theirs"—I never had a present from any girl in Vinegar-lane—I cannot say where the prisoner lived—she might live at Sally Jones's, or at No. 8—I have known her at different houses—I know girls do live there—she did not tell me that she had been with a gentleman in Vinegar-lane that night, and that he had given her a sovereign, nor anything of the kind—I found no purse on her, nor any money—she declared she had no money, but after I left her at the station-house to go for the prosecutor, she gave up half a sovereign and some halfpence—she requested me to take her at once before a Magistrate, but the Magistrates had broken up then, and I did not take her till Monday morning—Sergeant Denny told me to fetch the old gentleman—I did not say it would be of no use to fetch him—our object was to fetch him, and I did go and fetch him.
DANIEL DENNY .(police-constable K 27.) After Squire left the prisons at the station-house, she produced a half-sovereign, one shilling, and some halfpence—she said it was all she had, that it was her own money, and she was innocent of the charge.
HANNAH MOSES . I live in Vinegar-lane. On Saturday morning between twelve and one o'clock, I went to Sally Jones's—she was going out with her basket to get her breakfast things—I was taken poorly, and went into the yard—I staid there a few minutes—when I came back I saw the prosecutor by the door—Sally Jones came in just at that time with her basket in her hand—I did not see the prisoner at all that day in the lane—I saw her between three and four o'clock, (about an hour after,) at the top of Vinegar-lane, opposite the wooden bridge—she asked me if I would do her a favour—I said I would—she gave me a sovereign, and told me to go to the Mariners' Arms, and get her two duplicates and a shawl—I went and got them, and change for the sovereign, and gave them to her with the money—she then asked me to pledge the shawl for her, which I did for 15s.
Cross-examined. Q. The sovereign she gave you was to pay a sum which had been advanced on her account? A. Yes, I got a half sovereign, and 2s. 3d. in change.
SARAH JONES . I live in Vinegar-lane. I was going out on Saturday, the 20th of July, to get some breakfast things—on going up the street I saw the prisoner coming down, and asked her if she would give an eye to my door—she said, "Very well; don't be long, as I want to go on an errand for myself"—I returned in about ten minutes, and saw no one but the prosecutor.
Cross-examined. Q. How long have you kept this house? A. About eight years—it has not occasioned me any particular trouble—I have not been in the House of Correction on account of it—I have been there, but it was through a young man I was living with, it was not for any row in my house—I had fourteen days—it is about twelve months ago—I was never there but once—my house was not broken open in July last, in consequence
of screams of murder—I swear that—the door was broken open, but it was by the young man I was living with—it was in the middle of the day—the neighbours did not come in to see what was the matter—I never saw the prosecutor before this day—I have not had a lodger in my house for the last two months—I do not keep girls of the town there—they come in and out—the last lodger I had was a gentleman.
NOT GUILTY .
LOUIS ENSOLL . I am shopman to David le Bontillier and another, in the Commercial-road. On Tuesday, the 30th of July, about half-past three o'clock, the prisoner came into the shop with another woman, and asked for some narrow black sarcenet ribbon, which I shewed them—they looked at a drawer of ribbon—I served the other woman, and saw the prisoner take a silk handkerchief off the counter, put it under her handkerchief, and then put her hand towards her right-hand pocket—I afterwards saw her take a piece of ribbon out of the drawer I was showing her—I sent for a constable—I saw another piece of ribbon in her hand, but she let it fall into the drawer—Mr. Bontillier went into a room with her at the back of the shop, and I told the prisoner she had a lavender spun-silk handkerchief with a narrow border, and a piece of ribbon—she said she had not—I told her she had the ribbon down her bosom—she then put her hand into her bosom, took it out, and said she had had it three or four months—it had our mark on it—I asked her for the handkerchief—she said she had not got it—I left the room then for two or three minutes, and when I came back the policeman had the handkerchief in his hand—the ribbon was marked "A."
Cross-examined by MR. JONES. Q. Had she dealt at your shop before? A. Yes, for some time. "A" is a common mark on our ribbons. She has bought ribbons at our shop, and might have bought some of this sort, but it is rather a particular kind—there is about three yards of it—the mark is always taken off when we sell it—I should not sell a remnant as this is—I should take it off the block—I cannot swear the other shopmen would take the blocks off—there are four shopmen—I will swear I have not sold this ribbon—I cannot swear about the other shopmen—I have inquired about the prisoner, and find she is the wife of a respectable person.
ABIA BUTFOY . I am a policeman. I was called into the shop—I saw the prisoner in the back room with Ensoll, who said she had taken a lavender-coloured silk handkerchief, and a piece of ribbon—he said the ribbon was down her bosom, but it was in his possession when I got there.
ELLEN HURLEY . I am servant to the prosecutor. I went into the parlour on hearing a row—the policeman told me to come in to search the prisoner—I looked at her, and found nothing on her—I went to a place with her, unlaced her stays, and searched every where—she asked me to show her to the water-closet—I did so—she went in and closed the door—I stopped outside—she was not a minute there before the policeman came and took her out—he put his hand down the water-closet, and took up a handkerchief and a bit of ribbon.
Cross-examined. Q. Did you tell her you would search her? A. Yes—she was quite willing—I do not think she could have had the handkerchief
about her when I searched her, because I tried her well, and think I must have found it—I think she could not have had time to throw it down the privy before the policeman came to her.
LOUIS ENSOLL .re-examined. The handkerchief was in the policeman's hand when I came back—it appeared very clean—there was not more than a spot or two on it—I did not do any thing with it—the policeman kept it in his possession—she must have gone to the water-closet with the woman when I went up stairs for my hat—I was not absent more than two or three minutes, and when I came back, the policeman had the handkerchief in his hand—she had taken the ribbon out of her bosom, and Mr. Bontillier took it out of her hand, and gave it to the policeman.
ABIA BUTFOY .re-examined. When I came Ensoll had the ribbon in his hand—he then went up stairs—after he was gone, I asked the prisoner if she had a handkerchief in her possession—she said, "No"—I made her turn her pocket out, but did not search her all over—I did not find the handkerchief—she afterwards went to the water-closet—I followed her there in two or three minutes, and then found this handkerchief down the privy—I asked if she knew any thing of it—she said, "No," she was as innocent as the child unborn—the privy was Very narrow at the bottom, and there was very little soil.
Cross-examined. Q. Did not you follow her to the privy instantly? A. Yes—it is a place, I believe, used by the whole family—it is a pan privy—I believe the water communicates with it—I put my arm down about two feet, and found it—the ribbon was given me by Ensoll—I did not get that in the water-closet.
(The prisoner received a good character.)
GUILTY. Aged 33.—Strongly recommended to mercy. — Confined Eight Months; the First and Last Week Solitary.
FREDERICK TAYLOR . I am a tallow chandler—I live in Kingsgate-street now, I did live at No. 10, Orange-street, but my house has been burned down. On the 27th of July, in consequence of information from Mr. Harris, I went with an officer to the Orange-tree public-house, next door to where the fire was—I found the prisoner there, and gave him into custody—I traced some tallow to Mr. Atkinson's—it is the same quality and appearance as that on my premises—I know nothing further of the prisoner than seeing him on the building as a labourer, pulling down the ruins.
Cross-examined by MR. PRENDERGAST. Q. Was this tallow yours? A. Yes—it was in the house that was burned down—the house was insured, but I took this among other things as salvage.
JAMES HARRIS . I am a fruiterer in Orange-street, nearly opposite to Mr. Taylor's premises. On the evening of the 27th of July, I saw the prisoner take a basket, throw it over the hoarding, and afterwards get over himself—I saw him return again in about five minutes, with the basket
to the hoarding—he came up a ladder, and leaped over the boarding—the basket fell on the pavement, and part of the contents fell out—he took it up, replaced it in the basket, and went down the street with it towards Drake-street—I desired Wall, my boy, to follow him—I afterwards saw the prisoner bring back the basket, and throw it over the hoarding—he then went into the Orange Tree public-house.
Cross-examined. Q. You did not see what was in the basket? A. I saw it from my shop, but not distinctly, as I was not close to it—it appeared to me to be tallow—he carried the basket on his shoulder.
EDWARD WALL . I am in Mr. Harris's service. On Saturday evening the 27th of July, he pointed out a man to me—I could not swear to his face—he was very much like the prisoner—I followed him—he had a basket on his shoulder—he went down towards Red Lion-street, down Theobald's-road, and went into Mr. Atkinson's shop—I immediately returned, and told my master.
Cross-examined. Q. You do not know it was the prisoner? A. I could not swear to him—I followed the same man my master pointed out to me.
RICHARD ATKINSON . I am an oil-man, and live about two hundred yards from the prosecutor. On the evening in question, between seven and eight o'clock, the prisoner brought a basket of dirty tallow, which I bought at 2d. a lb.—there was 33lbs.—I saw him again the same evening in custody, and am sure he is the same man—I did not know him before.
Cross-examined. Q. What sort of tallow was it? A. I do not know—I am not a tallow-chandler—I bought it as kitchen-stuff—it was damaged by the fire.
JOHN SHARP . I am a policeman. I went with Mr. Taylor to the Orange Tree public-house, and took the prisoner into custody—he was standing at the bar—I then went over the hoarding, and found the baaket lying inside—there was tallow attached to the inside.
(The prisoner received an excellent character.)
GUILTY . Aged 26.— Confined 14 Days.
2291. ELLEN SHAND was indicted for stealing, on the 23rd of July, 2 bolsters, value 5s.; 2 sheets, value 4s.; 1 tea-caddy, value 1s.; 1 candlestick, value 3d.;2 goblets, value 1s.; 2 wine-glasses, value 8d.;2 dishes, value 8d.; 3 plates, value 6d.; 1 decanter, value 1s.; and 1 flat iron, value 6d.; the goods of Charles Baldrey; to which he pleaded
GUILTY . Aged 29.— Confined Six Months; the First and Last Week Solitary.
GUILTY . Aged.— Confined Four Months; the First and Last Week Solitary.
2293. HARRIET HILL was indicted for stealing, on the 11th of August, 2 watches, value 5l. 5s.; 1 seal, value 7s.; 1 watch-key, value 5s. and 1 pair of shoes, value 3s.; the goods of John Chard, in hip dwelling-house.
ANN CHARD . I am the wife of John Chard, and live in Thwaite's-place, Edgeware-road. On the morning of the 11th of August, I caught the prisoner coming down my stairs with my shoes on her feet, and her own in her hand—she was a stranger—she said she was going to the water-closet—I detained her, went up stairs, and missed two watches—I then gave her in charge—I asked her to let me have the watches—the said she had not got them.
ELIZABETH SPREADBOROUGH . I am the wife of Isaac Spreadborough, a policeman. I searched the prisoner at the station-house, and found the two watches under her left arm next to her skin—I gave them to the sergeant on duty—she said they were both given to her.
(Property produced and sworn to.)
GUILTY . * Aged 29.— Transported for Ten Years.
2294. SARAH SHORT was indicted for stealing, on the 14th of May, 1 coat, value 10s.; 1 shirt, value 2s. 6d.;1 cloak, value 2s.; 1 pair of trowsers, value 1s. 6d.;1 pair of drawers, value 1s. 6d.;1 towel, value 6d.;2 handkerchiefs, value 1s.; and 1 set of bed-furniture, value 5s.; the goods of Robert Joslen, her master: and 1 shift, value 1s. 6d.;1 bedgown, value 1s. 6d.; and 1 sheet, value 2s. 6d.; the goods of Eliza Joslen: and ANN CATON , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
ROBERT JOSLEN . I am a baker, and live in Charles-street, Bethnal-green. The prisoner Short was my housekeeper for about five months—I have known Caton about the same time—she is Short's mother—I received a letter—I searched my house, and missed my frock-coat, a shirt, cloak, a pair of drawers, two handkerchiefs, and some bed-furniture—these are them—(produced)—I came down stairs, and found Short was gone—I found her that night in Whitechapel—I caught hold of her, and said, "Are not you a bad woman to serve me this trick?"—she cried, and said she was very sorry for what she had done—she said she had lent the things to her mother to pawn, and meant to get them back—she took me to her mother's, and gave me three duplicates of the great coat and other things—Caton said she knew nothing at all about it.
ELIZA JOSLEN . I am the prosecutor's daughter. A letter came to my father, which I read to the prisoner Short—it stated that he was to be cautious, for property was going out of the house—I said it was very strange—she said she thought it was the boy, meaning my step-brother—I said he was such a child, he could not have written the letter—I went up and told my father, and when we came down she was gone—I missed a shift, a bed-gown, and a sheet of mine, which are here.
CHARLES DEAN . I am a pawnbroker in the Whitechapel-road. On the 26th of July this coat was pawned by Caton, to the best of my belief, on the 29th a pair of drawers, and on the 5th of August some tea-spoons,
on the 18th of May a sheet, and on the 20th of July another—the duplicates I gave are among those produced by Howe.
Short's Defence. I lent some articles belonging to the prosecutor, to Caton to pawn for a day, but not to keep—they were to be redeemed in three days—a table-spoon, a tea-spoon, and a great coat has been returned, and the rest would be replaced when I received 1l. next day—I lived with the prosecutor as his wife, for three months—he gave me the cloak.
Short. I slept with him. Witness. I cannot say but she has slept with me—I did not give her leave to take any of the articles.
SHORT— GUILTY . Aged 46.— Confined Three Months.
CATON— NOT GUILTY .
Fourth Jury, before Mr. Recorder.
MR. CLARKSON.conducted the Prosecution.
WILLIAM GEORGE PAW . I am parish clerk of St. Marylebone. I have the register of marriages for the year 1816, in which is entered a marriage between Charlotte Moss and William Mainwaring—I knew the previous parish clerk, his name was Richard Parkin—he is dead—I find his name and hand-writing here—I know his hand-writing—I knew Ann Matthews, the subscribing witness—she was a pew-opener—she could not write, and her mark is put to it—she is now dead—it is signed by the officiating curate—it is his hand-writing—he is alive.
Cross-examined by MR. PAYNE. Q. Were you present at Parkin's funeral? A. No—I was his assistant many years—he was merely the officiating clerk—I have not a doubt of his death.
MARY ANN MOSS . I am single, and live in Montpelier-street. I had a sister named Charlotte—she died last August—I know the prisoner—I remember his keeping company with my sister before marriage—I was not at the marriage—I went to see them after their marriage—they lived together as man and wife—I have heard the prisoner speak to her as his wife always—they lived in North-street, Marylebone—this is my sister's hand-writing to the register—I have seen the prisoner write, and I think this is his writing to the register—they lived together for about eight years, and then separated.
Cross-examined by MR. PAYNE. Q. How old were you at the time they kept company together? A. About thirteen years—I did not see him write before that—I have seen him sign his name when he has written letters—I have seen letters from him—none of ray friends were at the marriage—I do hot know William Price or Jane Thomas—I do not know where my sister went to live after she left the prisoner, as I was in the country—I did not see her many times after she separated from the prisoner—I saw her once somewhere near Green-street, near Park-street—I do not know in what year that was—I have scarcely seen her since—I saw her in service twelve or thirteen years ago.
COURT. Q. HOW did you know of her death? A. I had letters from my friends to state it.
MR. PAYNE. Q. Where did you understand she died? A. At Birmingham—she lived there several years—I speak positively to her hand-writing
—she very seldom signed her name Charlotte—it was generally only C.—I had a letter from her four years ago—she was about twenty one when she married, I think—she had no family.
JOHN CONSTABLE . I am a policeman. I took the prisoner into custody on Tuesday, the 6th of August, about seven o'clock in the evening—I told him he was charged with having two wives, that I had got the certificates of the two, and that his wife was just behind—he looked back—Cayley was just behind—he said, "Oh, she is no wife of mine"—I said I had got the two marriage certificates—he said one was a forgery, the one of his marriage to Cayley—he said he never was married to the woman who was following, pointing to her.
Cross-examined. Q. Now, was not what he said, that he never was married but once? A. He said so at the station-house—I am quite sure he said the certificate of his marriage to Cayley was a forgery, and not to Moss—he pointed to her as she was coming behind—he said he had never been married but once, and Cayley was not his wife—I had not shown the certificates to him then.
MR. CLARKSON. Q. Did you examine the certificates with the registers? A. I did, and they are true copies.
MARY ANN CAYLEY . I now live at Stratford, Essex. In 1830 I was living at the White Horse public-house, Warwick-lane, and became acquainted with the prisoner—I was single at the time—I was married to him on the 2nd of February, 1832, at St. Andrew, Holborn—I had no idea that he had another wife living—I never heard of her.
(The certificates were put in and read.)
GUILTY. Aged 42.—Recommended to mercy. — Confined Twelve Months.
MR. CLARKSON.conducted the Prosecution.
JAMES HATWARD . I am an ironmonger. I deal with Messrs. Warner—the prisoner has been in my employ, but quitted about the 12th of June—this order is not my writing, nor was it written by my authority—it is the hand-writing of the prisoner—I can swear to it—I know his hand-writing well.
RICHARD WARD . I am warehouseman to Messrs. Warner. I have as order dated the 18th of July—it was presented to me by the prisoner—I entered it in the day-book, made out the invoice, and gave him the articles—I believed the order to be genuine—he had been in the habit of bringing orders from Mr. Hayward, and I had no suspicion of it—(order read—"July 18, 1839. One 5-quart oval kettle, and one 4-quartditto.
ALFRED WARNER . I am the son of one of the firm. If a customer sent a paper of this sort, I should consider it as equivalent to an order for the delivery of goods; and if I believed it to be genuine, I should supply the goods—we are in the constant habit of doing so every day, to a very large amount.
NOT GUILTY .
SARAH VINCENT . I am single, and live in Arthur-street, Chelsea. The prisoner lodged with me for about two months, and left on a Tuesday morning in June without giving me notice—some days after I missed two spoons and a shift, which I afterwards found at Mr. Giderson's—I had met the prisoner before that, and told her I had lost them.
ELIZABETH GIDERSON . I am the wife of Henry Giderson, a general dealer, and live in Bruton-street, Chelsea. On the 15th of June the prisoner brought me a shift and two spoons, and asked 1s. for them—I gave her 9d.—she said they were her own, and if they were not sold she would boy them back for 1s.
Prisoner. There was a frock body with them. Witness. That has been claimed—I delivered it to Vincent.
SARAH VINCENT .re-examined. I have the frock body—the prisoner had given it to me for my baby—she said she gave 2s. for it—when I missed it the prisoner said she thought the girl in the next room had taken them.
Prisoner. I was in distress—she has frequently lent me things, and I took them to that party, intending to redeem them again by paying double the value. Witness. I never saw her in distress, except from her own misconduct—I have lent her things to pawn when she said she was in distress—she redeemed them once—she has 5s. a-week from her husband.
Prisoner. He charged me with stealing a knife and fork. Witness. I mentioned that to her, and the other articles also.
GUILTY . Aged 39.— Confined One Month.
GUILTY . Aged 39.— Confined Six Months.
WILLIAM WOOD . I am porter to Mr. Gritten, a carver and gilder, in Trafalgar-square, Charing-cross. About half-past five o'clock on the evening of the 14th of August I was in the shop, and in consequence of what a woman said, I went to my master's son's bed-room, at the top of the house, which is four pairs of stairs—I found the door shut—I went in, and found a dressing-case and a cloak against the door inside, tied up in a towel on the floor—I found the prisoner concealed in a recess in the room, behind a portmanteau—I seized him, and asked what he did there, he made some answer in French, which I did not understand—I brought him down and gave him in charge—the house is let out in chambers, and the street door is always open.
BENJAMIN BIRNINOHAM .(police-constable F 127.) I was called to take charge of the prisoner at the prosecutor's house—I found him below—I took him to the station-house, and found some papers, a pocket-book, and 51/2d. on him—he said he went up there for some gentleman, but did not
know his name—the papers seem to indicate that he is a Polish exile—he had been drinking, but was sober enough to know what he was about, he was not the worse for liquor, but smelt so.
ALFRED EDWARD GRITTEN . I live with my father, in Trafalgar-square. On the 14th of August I was in my bed-room, about two hours before this happened—my dressing-case was on the drawers with a red cover over it, and my cloak hung behind the door, which is always unlocked—I know nothing of the prisoner—these things are mine—the towel is my father's.
Prisoner's Defence. I had been very tipsy, and was going home, and could recollect nothing—I live on charity—I am a Polish exile.
GUILTY. Aged 40.—Recommended to mercy. — Judgment respited.
SARAH BROWN . I live in Field-lane, Holborn. On the 13th of August, I was in a public-house in Farringdon-street, between three and four o'clock in the morning—I had been out to supper—the prisoner came and asked me to treat her—I gave her some money to treat herself, and she gave me a glass of something—I do not know what it was, but when I took a mouthful of it, I was directly seized with stupor—I came to myself in about an hour—I think it was after five o'clock, I found myself in the doorway of a house in Field-lane—somebody must have taken me there while I was insensible—my shawl was gone, and I missed two half-crowns and some halfpence—I met the prisoner in Farringdon-street the following morning, with my shawl on her shoulder—I asked her to give it to me, and said, if she did so without any words, I would say nothing; but if not, I would give her in charge—the landlord took her by the arm to shove her out of the house—I was by her, and she struck me violently on the face.
Prisoner. She was drinking with a man at Gurney's—she had gin and peppermint, and gave me a glass—she came out and asked a woman to buy her shawl for 5s.—I gave her 3s. and my own shawl for it.
Witness. She did not—I found her shawl on me in the passage—I was as sober as I could be when I went into the house—there was no man in my company—there was a man there.
HENRY ADOLPHUS RICE .(City police-constable, No. 411.) I produce the shawl which I took from the prisoner's shoulders—it is a new one—the prosecutrix had this one on which is said to be the prisoner's—it is very old—one is worth 5s., and the other about 6d. or 9d.
Prisoner's Defence. It is not likely I should wear the shawl for any body to see it, if I had stolen it—I was very tipsy—I left the prosecutrix and the man in the house together.
SARAH BROWN .re-examined. I did not notice whether she drank any herself of what she gave me—it tasted like gin and cloves, but I was seized in a moment, and could hardly tell the taste—she did not drink out of the glass before me—I was the first that drank out of it.
NOT GUILTY .
saw," I ran up to the shop, and missed a saw off the door-post—I ran down Essex-street, which joins our house, and saw two or three lads running—I followed into Parker-street, and saw the prisoner leaning over a post—I looked very hard at him, and he began to run—I immediately made after him, and he dropped the saw—a gentleman caught him about half a mile from the shop, and held him—he said he would go with me—I took him back, picked up the saw, and gave him into custody—this is my master's saw—(looking at it.)
Prisoner's Defence. A man came running along and dropped the saw—I went to pick it up, the young man came up and laid hold of me, and it dropped out of my hand.
JOHN WARBOY .re-examined. I had him in sight five minutes before I overtook him—he ran all the way till he got into Parker-street—he then stopped, being out of breath—I first saw him about thirty yards front the shop with the saw.
GUILTY . Aged 18.— Confined One Month.
NEW COURT.—Friday, August 16th, 1839.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 17.— Confined One Year.
GUILTY . Aged.— Confined Three Months.
GUILTY . Aged 16.— Confined One Month.
GUILTY . Aged 29.— Confined Two Months.
GUILTY . Aged.— Transported for Ten Years.
MESSRS. BODKIN.and DOANE.conducted the Prosecution.
JOHN M'DONALD . I am assistant to Jane Penny, who keeps the Black Bull public-house, in Little Chapel-street, Westminster. On the 11th of July the prisoner came, he called for a glass of mm and water, and gave me a shilling—I took it up, told him it was bad, and asked for another, but
did not give him that back—he gave me another—I told him that was a bad one too—I kept that also—he pulled out some more money, and gave me a good sixpence—I gave the two bad shillings to my uncle, who was in the bar—I went for a policeman, who took him.
JOHN SPRINGETT . I am the son of Jane Penny. I was called in by my nephew, and I received two shillings from him, which I kept till I got to the station-house—I saw them marked, and given to Moore—I received a thirdshilhng from my brother.
JAMES SPRINGETT . I am the brother of John Springett—I was present when the prisoner was in front of the bar—I saw him chuck down a shilling—I picked it up, and gave it into his own hand—as soon as he saw the policeman come in he let it drop between his legs—I took it up, marked it, and gave it to my brother.
Prisoner's Defence. I was in Little Chapel-street—I saw a bag lying down, and took it up—there was 3s. in it.
GUILTY . Aged 33.— Confined Six Months.
MESSRS. BODKIN.and DOANE.conducted the Prosecution.
FANNY SARAH VINER . I am bar-maid to Mr. Morgan, who keeps the Half Moon public-house, in Smithfield. The prisoner came about eleven, or halt-past eleven o'clock at night, on the 31st of July, for half a pint of gin-and-cloves—she paid me a half-crown—I put it in the till—there was no other half-crown there—I gave her 1s. 10d. change, and she went away—she came again in about five minutes, for a quartern of gin-and-cloves, paid another half-crown, which I put into the till with the other, and gave her 2s. 2d.—she went away—the house was shut up directly and the till emptied—I saw Mr. Morgan take out the money and the two half-crowns—there was no other half-crown in the till—on the 9th of August the prisoner came again about six o'clock in the evening with another woman—the prisoner asked for half a quartern of gin and cloves—I knew her again—I served her—the moment she saw me she trembled violently—she had a purse in her hand—she gave that to the woman, and said, "Take this and make haste"—the woman left the house with the purse, and the prisoner was taken—the gin-and-cloves was paid for with a good sixpence.
THOMAS MORGAN . I keep the house. I examined the till on the night of the 31st of July, and found in it two bad half-crowns, and some small money, but no other half-crown—I locked them up in an adjoining drawer, distinct from all other money, and on the 6th of August I gave them to Crawley—Viner marked them in my presence—I saw the prisoner at my house on the 9th of August, and had her taken.
Prisoner. Q. Have you ever known me to have bad money before? A. Not at all—I have known her some years.
Prisoner's Defence. I cannot say how I came by them—I am innocent.
GUILTY. Aged 35.—Recommended to mercy by the Jury. — Confined One Month.
CAROLINE BUCK . I am bar-maid to Mr. Kinnear, who keeps the Rose, public-house, in Great Wild-street. On the 27th of July, about twelve o'clock at night, the prisoner came and called for half-a-pint of the best rum, which came to 10d.—I drew it—three more men came in, who appeared to be his companions—the prisoner paid me 6d., which I put into the till—there was no other sixpence there—soon after, in consequence of what my mistress said, I looked in the till, and found the sixpence there—I bit it, and gave it to her—it was a bad one.
MART ANN KINNEAR . I am the wife of George Kinnear. I was in the house when the prisoner came in, and was served with some rum—after that I served him with half-a-pint of the best rum—he gave me sixpence and twopence—I said that would not pay for it—I bit the sixpence, and said, "It is bad"—he tried to snatch it out of my hand—I went for my husband, and gave it to him—the constable was sent for—Buck gave me a bad sixpence, which I gave to Collins.
GEORGE KINNEAR . I saw the prisoner and some other men there that night—I received a sixpence from my wife, which I marked, and gave it to the officer—the prisoner said he received it at the public-house opposite—I said there was none opposite—he then said he came from Birmingham.
Prisoner's Defence. I received the money from a man.
GUILTY . Aged 30.— Confined Six Months.
PHEBE ISABELLA CHURCHILL . I keep a baker's shop in Gray's Inn-lane. On the 13th of July the prisoner came, and asked for half a quartern loaf, which came to 31/2d.—he gave me half-a-crown, which I put into a basket:, with some halfpence, but there was no other silver there—about ten minutes or a quarter of an hour afterwards I discovered the half-crown was bad—I showed it to a policeman on duty, marked it in his presence, and kept it by itself—on the 27th of July I gave it to Carpenter.
BETSY JACQUES . I am the wife of Joseph Jacques, who keeps a coffee-house in Gray's Inn-lane. On the 26th of July the prisoner came in for a cup of coffee, which came to 1d.—he gave me half-a-crown, which I told him was a very bad one—he offered me 1d., and then said, "Give it me back again"—he pushed me on one side to try to get out, but I kept the half-crown, and an officer came—I gave it to the officer.
Prisoner's Defence. I took them at Waltham Abbey—I am not a judge of money.
GUILTY . Aged 22.— Confined Six Months.
WILLIAM REED . I am a porter at Covent-garden-market. On the 11th of July I was under the portico of Drury-lane theatre about five o'clock—I saw the prisoners standing just at the corner of the theatre—I saw Green rubbing up a five-shilling-piece with the end of her shawl, as I was passing by—she then went to the seed-shop at the corner of Charles-street—I went on the opposite side, and stood there to watch—Griffiths remained where she was—I saw Green come out, and then she and Griffiths held a conversation—Griffiths then went into the same shop, and returned—they crossed over to Covent-garden—I followed, and then saw Green rubbing up a shilling, under an arch in the market, with the end of her shawl—she gave it to Griffiths, who went and purchased some almonds—I told the constable—I saw them searched at the station-house by Blosset.
Cross-examined by MR. PAYNE. Q. How long have you been a porter? A. Eight or nine years—I have been a witness before, but not in any Mint case—I was tried ten years ago for robbing my master, and had twelve months' imprisonment—I have been working since then in Covent-garden market—I worked for Mr. Wyman while he lived, and have worked for Mrs. Wyman since his death—I am her weekly servant—I was concealing myself under the arches.
JOHN WILLIAM SLANET . I am apprentice to Mr. Kirnon, a seedsman, at the corner of Charles-street. On the 11th of July Green came in, about half-past four o'clock in the afternoon, and asked for a pint of birdseed and twopenny-worth of moss-seed—it came to 5d.—she paid me a crown-piece—I gave her 4s. 7d. in change—I put the crown into the till—there was no other there—some time after Griffiths came for half-a-pint of seed, and paid a good shilling—I gave her change—about half an hour after, the officer Blossett came to me—I looked into the till, and the crown was there—I had not been out of the shop—there had been no other crown put into the till—I found it was bad, marked it, and gave it to Blossett.
Cross-examined. Q. Had you ever seen the woman before? A. Yes—Green had been at the shop two or three times—I sounded the crown, and thought it was good.
THOMAS BLOSSETT . I am a constable of Covent-garden market. Reed made a communication to me—I went to the shop, and received a crown-piece—I then took the prisoners in King-street—they were together, cracking almonds—Green would not allow me to take her pocket at first—I snatched it off her—I found some good money, and one counterfeit crown in it.
Cross-examined. Q. In what terms did you ask Green to let you see her pocket? A. I asked her to let me search her—I do not know that she is the wife of a shoemaker—I took her to the station-house—there are women there, but Green was trying to get her hand to her pocket—I found these papers of seeds in Green's basket.
(Green received a good character.)
GREEN— GUILTY . Aged 29.— Confined Six Months.
GRIFFITHS— NOT GUILTY .
NOT GUILTY .
MESSRS. BODKIN.and DOANE.conducted the Prosecution.
CHARLOTTE PAYNE . My husband keeps a cheesemonger's shop, in High-street, Shoreditch. Between seven and eight o'clock in the evening of the 19th of July the prisoner came for a penny-worth of butter—I served him—he gave me a sixpence—I saw it was bad, and said I must have a better than that—he gave me another—that was also bad—I laid them on the butter board, and ray husband took them up in my presence.
JOHN PAYNE . I was in the shop, and took up the two sixpences—I took the prisoner to the station-house, and searched him—I found a good sixpence on him, and 41/2d. in halfpence—said he had received them from a public-house up the street—he said he came from the country to make hay, and if I would allow him to go he would take me to the place where they mode and sold these sixpences, which he called white mice—he said they were made by Bird's-eye Billy, and were kept under the flooring of a back room, five doors from the Seven Dials public-house—I went there, but it was false—he sa'd the sixpences were sold at 1s. a dozen, and the shillings, which he called mice, were 1s. 6d. a dozen—he said he had not aspired to the half-crowns.
Prisoner's Defence. I met two men, who wished me to go out and try to do a little in the white mice business.
GUILTY . Aged 16.— Confined Three Months.
JAMES BRAN NAN .(police-sergeant G 20.) About eleven o'clock in the morning of the 1st of July I was with Hay ward at Battle Bridge—I saw the prisoner with two females—I watched, and saw them go into a public-house, and remain there ten minutes—they came out together, and crossed the road—they stood close together—I saw the prisoner put his hand to his right hand trowsers' pocket, and take a piece of paper out—shortly after heput it in again—I ran across and seized him, and asked what he had got—he gave no answer, but resisted very much—I held his arms—Hayward came up, and put his hand into the prisoner's pocket, and he dropped a piece of paper, and tried to put his foot upon it or on my hand—I succeeded in picking it up, and in doing so six sixpences dropped out of it—I picked up four, and Hay ward picked up the other two—I asked the prisoner what he called that—he said, "What you like"—he was then taken to the station-house—the women who were with him ran through a passage, and escaped.
JAMES HAY WARD . I was in company with Bran nan—I put my hand into the prisoner's right-hand pocket, and in drawing it out a piece of paper came out, and fell on the pavement—six sixpences came out of it—I picked up two of them.
Prisoner's Defence. I had been to Mr. Cubit's for work, and coming round by King's-cross, I saw the paper on the ground, and picked it up.
GUILTY . * Aged 53.— Confined Two Years.
SHEFFELL pleaded GUILTY .— Confined One Year
HILL— NOT GUILTY .
JOHN TOWERS . I am a silk-manufacturer, and live in Phoenix-street, Spitalfields. On the 13th of July my house caught fire, and I lost a great deal of silk fringe, which I have reason to believe was not burnt, as the fire never reached the room it was in—there were a great many people about—I received information, and went with the officer to No. 8, Quaker-street, where the prisoner lives—nothing was found there; but one of my workmen was there, who has since absconded—the prisoner was asked if he had sold any fringe—he said "No"—I asked if he had manufactured such fringe as this—he said "No"—I examined some fringe which I knew to be my manufacture—I had not sold any like this.
Cross-examined by MR. PAYNE. Q. A number of your neighbours were assisting at the fire? A. Yes—I did not see the prisoner there—my brother-in-law (Barlow) was the person who gave information.
JOHN BARLOW . On the Wednesday after the fire, which had been on the Saturday night, I was at the Phoenix public-house—the prisoner came to me with these goods in a flag basket—he called me out, and asked me if I could sell them for him—he said he came honestly by them, and no harm would come of them, as he received them from a man who came out of the country—he said the goods were worth 5l.—I said I could not tell the price, as I had not made or sold any; but if he would go with me to a man, he would tell me the price—we went to Loggerhead-lane—in going along, he gave me the basket—I went to Mr. Bunce, and told him the mass wanted 5l. for them—he said he would give 50s. for them—I left the goods—I went out and asked the prisoner—he said, "Do you think the money is sure?"—I said "Yes"—I went back, and was to go at two o'clock for the money—I did not go at two o'clock, but went between four and five o'clock—I met the prisoner, and we went to Mr. Bunce's—I left him outside—Mr. Bunce bought the goods, and gave me one sovereign and two half-sovereigns, which I gave to the prisoner—Mr. Bunce said, "Go and ask him if this money will do"—I cannot say if those produced are thi goods I sold, because I did not take particular notice of them—after I had given the money to the prisoner, he said, "Go and ask Mr. Bunce if such a thing as bolio will do?"—I did so, and was to go again in the morning.
Cross-examined. Q. When did you come out of prison last? A. cannot say—I dare say it was more than a month ago—I have been in prison elsewhere, besides England—I shall not tell you how long I was in prison the last time—I got one sovereign and two half-sovereigns from Bunce, and one shilling for myself—he may swear he gave me three half-sovereigns, but he did not—I heard him say so before a Magistrate—the Magistrate said, I or Bunce had sworn false—I was twice in prison, but not about silk, it was for embezzlement—I was never in any other prison—I was
only in the guard-house, under Lord Wellington, but I was liberated the next morning—I was in prison the first time about twenty-six days.
NOT GUILTY .
2317. CATHERINE CRICK was indicted for stealing, on the 1st of July, 8 spoons, value 1s. 6d.;4 knives, value 1s.; 3 forks, value 6d.; 1 pepper castor, value 1s.; 1 pair of trowsers, value 3s.; 1 handkerchief, value 4s.; and 1 bed-gown, value 1s. 6d.; the goods of William Rhodes, her master; and JANE CRICK , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. BODKIN.conducted the Prosecution.
WILLIAM RHODES . I keep a cyder-cellar in Maiden-lane, Covent-garden. The prisoner Catherine was my extra servant—I lost a great many silver spoons, glass, and other things—she had access to them,—on the 24th of July, I went to No. 4, Turner's-court, Bedfordbury, with Shackle—her mother, Jane Crick, had a room there—Catherine might have slept at my house occasionally, but I believe she lived with her mother—when I got to the house her mother came to answer the door—I asked if her daughter was at home—she said she was—the daughter had not been at my house since the Sunday before—I had then sent her about her business—I staid below for a minute or two, while Shackle went upstairs I went into the room on the second floor, and found Shackle there with Jane—I asked her for her daughter, she said she did not know where she was gone—I went into an adjoining room, and found Catherine concealed behind a bedstead—Shackle got her out, and took her into the next room where Jane was—Catherine had a small bundle in her hand which she gave to Jane, who put it on the bed—she tried to pot it out of sight—I said, "What are you doing with that?"—she said, "Nothing at all"—I went to the place and found the bundle, which contained some knives, forks, duplicates, and some other things, which are mine—Catherine then said, if I would forgive her, she would return every thing she had stolen.
JOSEPH SHACKLE . I went with Mr. Rhodes to the house in Turner's-court—the prisoner Jane answered the door—she said her daughter was at home—I went up stairs with her, and left the prisoner below—when we got into the room Catherine was not there—I asked Jane where she was, she said she did not know—I said she did know, and she must call her—she went to the door, called, and went into the next room—she called, and some person answered that she was not there—Jane returned, and said she was not there—I then went into the next room, and found Catherine behind the bedstead, so that a person going in might not have seen her.
C. CRICK— GUILTY . Aged 23.— Transported for Seven Years.
J. CRICK— NOT GUILTY .
(There was another indictment against the prisoners, on which no evidence was offered.)
THOMAS ALLISON . I am foreman to John Dickson, a builder, in Earl-street, Westminster. The prisoner was in his employ—there were a great many old materials at Ealing, which he was at work upon—he had no business to take away a door from there—it was in a yard at the end of the house.
Cross-examined by MR. HORRY. Q. Was he repairing a house at Lady Lawrence's, and making some very extensive additional buildings? A. Yes, he has a written agreement, which I have seen—the door belonged to an old house that Mr. Dickson was repairing—it is of very little value—it is very old.
Cross-examined. Q. Do you know a man named Marshfield? A. Yes, I have bought wood of him—I knew he was servant to Mr. Dickson.
NOT GUILTY .
MESSRS. BODKIN.and BALLANTINE.conducted the Prosecution.
JOHN MARNEY . I am a glass-seller in Newman-street, Oxford-street. On the 26th of June I paid a cheque for 100l. to the prisoner, on the prosecutor's account—this is it—(looking at it)—it was paid for goods supplied to me by Messrs. Cookson—on the Monday morning after I paid the prisoner, he called on me, and brought the book, which was deficient of the entry of the 100l. cheque which was not accounted for there—he said he wished me to let it stand over, and said he would pay me the 100l.—this is the book he brought, as far as I can say—there appears a deficiency in it—I said I could not do any thing of the sort—I must send the book down directly to Messrs. Cookson—nothing farther occurred.
Cross-examined by MR. CHAMBERS. A. Did he say how he wished to pay you? A. He wished me not to say any thing about it for a forthnight or three weeks, as he had got some money coming to him in the course of that time.
JOHN MAXWELL . I am the superintendent of the London house of Isaac Cookson. He has more partners than one—they are plate-glass manufacturers at Newcastle—the prisoner was sent up from there to assist in their employ about six years ago—he had a salary of 100l. a year—it was part of his duty to receive accounts due to the house, and to enter every day in the cash-book the sums he received—I do not find any entry of 153l. 19s. on the 19th of June as received from Mr. Cook, but I find it entered on the 29th—there is no entry at all in the book of the receipt of 100l. from Mr. Marney—he never told me that he had received that sum till after he was charged—I find this 100l. cheque has been paid in to our banker's on account of the receipts he charged himself with on the 29th of June, so that he accounted for the 153l. 19s. on that day, and paid it in part with this cheque—the entries in this cash-book are all his—we keep a book with Mr. Marney—there is no entry in that book of the 100l. cheque on the 26th of June—some differences arose between me and the prisoner, and he was told on the 15th that he would have to leave on the 29th at the finishing of the quarter—on the 29th he made up his accounts at three several times, and in neither of them has he entered this 100l.—the account is deficient that sum.
Cross-examined. Q. When was it he actually went away? A. On the 29th—I hear he has made up Mr. Marney's book since—I saw him on the
Friday, on the 5th of July, I believe—he was about six years under my care—the receipts of our house are about 60, 000l. a-year—they were received by him and me—he was taken on the 16th of July at his lodging in Spring-gardens.
GUILTY. Aged 27.—Recommended to mercy by the Jury and Prosecutor.
Confined Three Months.
WILLIAM GRANT . I live in Evelyn-street, Pimlico. On the 20th of July, between seven and eight o'clock in the evening, a person came into my shop, and gave me some information—I had before that had this roll of flannel in my shop inside the door-way, and two pieces of goods were in front of it—I then missed the flannel, and went out—the policeman found it in a yard at the back of a house where the prisoner was found—this is mine—(looking at it.)
JOHN LEGG .(police-constable B 155.) On the evening of the 20th of July I saw the prisoner and another running over the wooden bridge at Pimlico—the prisoner had this roll of flannel—I followed, but lost sight of them—I found they were gone into a house in St. George's-place—I went there, and found this flannel in a hedge in the garden at the back of the house, close by where I saw the prisoner stand.
Prisoner's Defence. I met a young man who said he was going on an errand, and asked me to go with him—I saw two men, one of whom I knew, and he asked me to go across the bridge with him—the other man gave him the flannel—he and I went on together, and when we got to a place he said it was not a thoroughfare—we went to his father's—the flannel was not in the yard when I went there, it must Have been thrown out of the window.
GUILTY . * Aged 18.— Transported for Seven Years.
ELLEN CARROLL . I am the daughter of Sarah Susannah Carroll, who lives in Tavistock-row, Covent-garden. Last Sunday evening the rattling of the tea things caused me to run down stairs—I saw the prisoner in the parlour, and asked what he wanted—he asked me if that was Morgan's coffee-house—I said I would ask my uncle—he ran off, and I ran after him, calling "Stop that man"—he was stopped by the policeman—I went hack, and missed four papers of coppers from the shelf—I saw the policeman take them out of the prisoner's pocket.
GUILTY . Aged 28.— Confined Six Months.
JAMES BURT . I live with Mr. James Hayer, a pawnbroker, in Cheynewalk, Chelsea. I saw this tray safe on the 6th of August, about eight o'clock in the evening—the prisoner came that evening to redeem an article,
and after she was gone I received information—I followed, and found her on Battersea-bridge, with this tray.
Cross-examined by MR. PRENDERGAST. Q. Did you know her before? A. No—she did not appear drunk at the shop, but when I brought her back she appeared so directly—when I went to her she said she was going to bring it back, but she was going the contrary way—she did not say she took it out of a joke.
(The prisoner received an excellent character.)
GUILTY . Aged 24.— Confined Six Months.
ELIZABETH BARRY . I am the wife of John Barry—we live in Drury lane. The prisoner had been with me five weeks—I used to leave her the key of my room when I went out—on the 5th of August I came home—she was gone, and I missed these articles—she had left the key in the door—I saw her next morning, and gave her into custody.
Prisoner's Defence. I meant to take them out again.
GUILTY . Aged 35.— Confined Three Months.
JONES pleaded GUILTY . Aged 22.— Confined Six Months.
COLIN FORBES .(police-constable F 116.) I was in Broad-street, St. Giles's on the 7th of August. I saw the prisoners following a gentleman, and Jones take this handkerchief from the gentleman's pocket—he was passing it to Pearce, and I took them with it—I had a great struggle with Pearce, and could not get at the gentleman—I do not know his name.
PEARCE— NOT GUILTY .
THOMAS GILLINGS . I live in Brunswick-street, and am a rope-maker. I married the prisoner's mother—on the 20th of July I gave a watch to my daughter, to take it to Mr. Corsan—I have never seen it since.
THOMAS CORSAN . I received the watch on the 20th of July, about eight o'clock in the evening, and in about a quarter of an hour the prisoner came and said he had come for Mr. Gilling's watch that his sister had brought, and his father had sent him from Blackwall for it—I delivered it to him.
Prisoner's Defence. My little sister came in and said she had got her father's watch to take to Mr. Corsan—I have never seen it since.
GUILTY. Aged 18.—Recommended to mercy by the Jury.
Confined One Month.
JAMES PETTIT . I live in Goswell-street, Aldersgate, and am a bookseller. On the 18th of July I missed this Bible and this volume of Foote's works—I have seen the prisoner at my house, but I was not at home that day.
Prisoner's Defence. I received them in payment of a debt from a man named Williams, who formerly worked with me as a printer, and who afterwards kept a bookseller's shop in Bristol—he told me he had them left when he sold off—I never was in the prosecutor's shop but once, and that was to buy a map.
GUILTY . Aged 22.— Confined Six Months.
(There was another indictment against the prisoner.)
Cross-examined by MR. PAYNE. Q. Are you sure this is your coat? A. Yes—I have heard a good character of the prisoner—his father is a respectable man.
CHARLES PELHAM . I am a street-keeper. On the 2nd of August, about half-past ten o'clock, I was on the canal bridge, in the King's-road—I saw he prisoner and two others—I followed them, and saw the prisoner go into the prosecutor's front garden—he brought out this coat, and gave it to another person who was with him—I took the prisoner and the coat.
Crost'examined. Q. How far off were you when he went in? A. Abont twenty yards—I saw distinctly who went into the house.
GUILTY. Aged 19.—Recommended to mercy. — Confined Four Months.
JOHN HAYNE BUTLER . I am servant to Thomas James Balch, a butcher, in Lamb's Conduit-street. On the 6th of August, 9 lbs. 6 oz. of beef was taken off the stall-board—I saw it again in possession of the officer—here is the bone of it.
HENRY WILLIAMS .(police-sergeant E 8.) I was on duty near Russell-square, the prisoner and another passed me—in a quarter of an hour after I met them again, and the prisoner had a bundle—I asked what he bad got—he said, a piece of beef which he had picked up on the pavement.
(The prisoner pleaded poverty.)
GUILTY . Aged 23.— Confined Three Months.
SAMUEL TAYLOR . I live at Nos. 23 and 24, Tysoe-street, Clerkenwell. On the 11th of June, about nine o'clock in the evening, I saw my clock safe on a bracket in the back-parlour of No. 24—the door of No. 23 was open, which communicates with that back-parlour—I missed the clock at eleven o'clock—I saw the prisoner at the station-house on the 1st of August, and charged him with stealing it—he said he had bought it of a man whom he knew, but he did not know where be lived, and he had taken it to Mr. Smith's, an auctioneer, in Guildford-place, and obtained 1l. on it, to pay the man of whom he bought it.
WILLIAM SMITH . I am an auctioneer, and live in Guildford-place. The prisoner came to me, on the 11th of June, with this clock—he asked me to lend him 1l., which I did—I did not ask where he got it, as he had been in the habit of bringing goods and getting money on them.
WILLIAM BRADLEY .(police-constable G 165.) I traced the clock through the different hands, and went to the prisoner's father, who is a broker—I waited till the prisoner came in—I asked him if he recollected having a clock in June—he said yes, and he had taken it to Mr. Smith's—I said, "Where did you get it?"—he said, "I bought it of a man I know by sight, but I don't know where he lives; he uses a house just by my father's"—I said, "Could you find him now?"—he said he did not know—he looked about for nearly two hours, but could not find him.
Prisoner's Defence. I know the young man very well—I bought some chairs of him—I think he said he lived in Fetter-lsne—he asked me if I would buy a clock—I said I could not tell till I saw it—he brought it, and asked me 30s. for it—I said I would give him 1l.; and to know whether it was worth that or not, I went to Mr. Smith's, and got 1l. on it.
NOT GUILTY .
THOMAS COBLEY, JUN . I live in Essex-street, Whitechapel, and am a master carman. The prisoner was in my service—on the 23rd of July, I sent him to St. Katharine's Docks for twenty bags of sugar—he was to deliver ten of them at Topping's wharf, and ten at Forster and Whistler's—I received information, and went to Forster and Whistler's—I found he had delivered ten bags there all right—I went to Topping's wharf, and found he had only left nine bags there.
Cross-examined by MR. PHILLIPS. Q. Did you give him the bags? A. No.
JOHN BIRD . I am a delivery foreman at St. Katherine's Docks. On the 23rd of July, I delivered twenty bags of East India sugar, about four o'clock in the afternoon, to Mr. Cobley's wagon, under the direction of the prisoner—ten of them were labelled to go to Topping's wharf—they weighed about 200lbs. each.
The prisoner came to me that evening about seven o'clock, and delivered me nine bags of sugar—they weighed about 2 cwt. each—if he ought to have delivered ten bags, he did not do so—I got a note with them, but I mis-told them in taking them in.
Cross-examined. Q. Did you count ten? A. I thought I did, but I was busy at the time, having other goods to attend to—Brown was with me—I gave a note that I had received the ten bags, but it was through my mis-telling them—Brown threw them in to me one at a time—I thought I counted ten, and I gave a note, but I discovered it after.
JOHN BROWN . I was there when these arrived—I asked the wagoner how many were coming out—he said all that was in his wagon—I backed the sugars that were in the wagon—I had nothing to do with the telling—Haggerty kept tally, and signed the note.
Cross-examined. Q. Did you hand the bags in one by one to Haggerty? A. Yes—he took them in one at a time—I cannot tell whether he counted them—when I had put in the sugars that were in the wagon, I raised up the tarpaulin, and there was one bag of sugar under it—I asked the wagoner if that was not coming out—he said, "No," and went away with it—I cannot swear that I did not put in ten bags.
WILLIAM RUSSEL DAVIS . I am a porter, and live in Rose and Crown-court, Bishopsgate. At half-past seven o'clock on the evening of the 23rd, I saw Mr. Cobley's wagon in the Commercial-road—it went on till it got just past the end of Gloucester-street, and stopped about one door past the street—the prisoner was standing against the hones or the wagon—a man got up into the wagon, and put out a bag, which appeared, by the description on the bag, to be East India sugar; and another man, who is at large at present, took the bag on his backhand carried it into Mr. Mew's, a confectioner's shop—the prisoner was at the time by the side of the hones or the wagon—I did not notice whether the man who carried the sugar came back to him.
Cross-examined. Q. Did you not see Mr. Mew at the police-office, waiting to be examined on the question? A. He was there one day—I was not a porter to Mr. Weight, of Mermaid-court—I was his weekly servant—I cannot tell what he discharged me for—he did not discharge me for robbing him of some rope yarn that I was to convey to Mr. Leshallars, to the best of my belief—he did not tell me that he thought I robbed him—I was never in the service of Messrs. North and Light—I was in the service of Mr. Bailey and his father for many years; and when Mr. Bailey's foreman came in the business, he knew nothing about it, and wanted me to give him a little item of the business—I did not approve of it—if there was a little job, he would send a truck and a dog for it—there was no charge about pepper against me—I do not know whether I am to be paid for attending here to day—I never told any body that I was to be paid, and well paid, for this job—I know several persons of the name of Griffiths—I cannot say I know a man of the name of William Griffiths.
Q. Now look at this man—(pointing out a person)—do you know him? A. I have known him for years past—I knew him by the name of Jemmy—I swear I did not know him by the name of William Griffiths—I never told him I was to be well paid for this job—I met him in the Minories, and he says to me, "Billy, do you know any thing at all about this here affair?" "about the prisoner at the bar," were the words he made use of—and he says, "I want a word with you"—I said, "I am in a hurry, I have got
both docks to go to"—he told me that he wished me not for to do anything for to hurt the young man, as he knew him and respected him—I said, "I cannot stop with you now, for I have got both docks to go to, and I am pinched for time"—on my oath there were no words passed about payment or no payment—I did not tell him I was discharged from Mr. Bailey's for stealing pepper, nor from Mr. Weight's for stealing rope yarn.
COURT. Q. Are you sure the prisoner is the man you saw in the road? A. He is the man who drove the wagon with the three horses down the Commercial-road, and he stopped one door past Gloucester-street—them were two more—one carried out the sugar to Mr. Mew, the confectioner's—I went to Lambeth-street the same evening, and inquired for Lea, the officer—I could not find him—I gave information at the Whitechapel office.
WILLIAM WENDAY . I am the collector of tolls in the Commercial-road On the 23rd of July, at half-past seven o'clock, I saw the prisoner with the wagon drawn by three horses—the shaft horse got his foot over the traces—I unhooked it, and set the horses going again—the wagoner was in the wagon, and he appeared to me to be tipsy—he went on, just past Gloucester-street—he there stopped a few minutes, and then returned.
MR. COBLEY, re-examined. The Commercial-road was out of the prisoner's way—he ought to have come down Whitechapel High-street—this is the receipt for the ten bags at Topping's wharf.
MR. MEW. I am a sugar-refiner and confectioner in the Commercial. road. No bag of sugar was delivered at my house on the 23rd of July—I allow no one to buy anything but myself—I attended at the police-office because my name was called in question, and it was doing me a great injury—I have kept the shop about twelve years, and have lived in the neighbourhood nineteen years—I was out on the 23rd, but I found no bag of sugar there when I got home.
COURT. Q. Have you any journeymen? A. Yes, about six altogether—on the 23rd I was out from six o'clock till about a quarter past ten—nothing was said to me when I got home.
NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY . * Aged.— Transported for Ten Years.
GUILTY . Aged.— Confined Three Months.
in Tottenham Court-road. On the 3rd of August I saw the prisoner going out of the shop—I went towards the counter, and missed a lock and the handles—I fetched him back—he had not got above ten yardi from the shop—he begged of me to let him go—I found this lock and bandies in his hat.
GUILTY . * Aged 12.— Confined Three Weeks.
CHRISTOPHER PICKERING . I am master of a ship. On the 13th of August, at near twelve o'clock at night, I met the prisoner at tlie end of Red Lion-street, Wapping—I was not tipsy—she spoke to me first, and asked me to go with her—I said I wanted nothing with her—she walked by my side, and at last took hold of me in a very unbecoming manner—I put her away, and while I did that, I felt her hand in my pocket—I said, "You are robbing me"—she said, "If you say I am robbing you, good night," and away she run—I put my hand into my pocket, and missed a sovereign and a five-shilling piece—I am certain they had been in my pocket before—the policeman came up, and asked if I had been robbed—we pursued, and caught her—she said she knew nothing at all about it—the policeman took her, and in about a minute a five-shilling piece dropped from her person—it was picked up—in taking her to the watch-house the policeman noticed her doing something about her gown-sleeve—he took a bag from her hand, and the sovereign was in it.
JOHN NICHOLAS .(police-sergeant K 1.) The prosecutor accused the prisoner of robbing him—when I came up I asked her what she had done with the man's money—she said she knew nothing about it—the prosecutor appeared to me to know what he was about—I took the prisoner—she dropped a crown-piece, and on her way to the station-house I found she was shuffling about the sleeves of her gown—I found this bag in her hand with a sovereign in it.
Prisoner's Defence. He gave me the money to go with him, and when I was coming away, he said if I did not give it to him he would give me in charge—he was quite tipsy—I did not know whether it was a sovereign or a shilling.
GUILTY . Aged 18.— Transported for Ten Years.
JOSEPH WOLGEMATH . I am in the employ of Mr. Joseph Tilley, a pawnbroker in Mile End-road. On the 7th of August the prisoner came to pledge a gown, which I said I could not take in—as she went out I observed her snatch these two shawls which hung on a hook by the door—she went off—I ran and fetched her back, and gave her into custody with them.
Prisoner. I never touched them, nor saw them till they were in his hand.
GUILTY . Aged 56.— Confined Three Months.
PAUL ROBERTS . I live at Chelsea, and am a cheesemonger. On the 11th of August the prisoner came and bought two eggs—she went out—my shopman followed her, and brought her back with this piece of bacon.
GEORGE PINNOCK . I am shopman to the prosecutor. The prisoner bought two eggs—I followed her out—she had got about ten yards off—I asked her if she had got any bacon—she said yes, and she had bought it in Jew's-row—I can swear it was my master's, and I missed it from a board in the shop.
Prisoner's Defence. I bought it of a person who had bought it in Jew's row.
GUILTY . Aged 29.— Confined Six Days.
CHARLES M'CARTHY . I work in the London Docks. Last Tuesday I hung my jacket up in the Dock, about one o'clock, and there were two handkerchiefs in it—I missed the jacket in about an hour—I saw it is about three hours after, at the watch-house—this is it.
GEORGE BARNES . I work in the Docks. I saw the prosecutor's jacket hanging on a nail—the prisoner took it, put it under his arm, and walked through the shed with it—I went after him, and told the watchman, who took him.
JAMES SWINGLAND . I am the watchman. Barnes pointed out the prisoner to me—I took him, and found the jacket on him, and the handkerchief were between a pile of wood which was in a direct line from the shed to where I took the prisoner—he worked at the Dock occasionally.
Prisoner's Defence. I had a job to move some things for a sailor—I got them to the gate, and the sailor asked me to go back and get the jacket, if I had intended to steal it, I could have gone another way.
GUILTY . *— Transported for Seven Years.
JOHN JOHNSON . I am a Dane. I left the American ship Roden, and met the prisoner in the street on the 13th of August—I went home and slept with her—I met her again the next night, and we agreed to sleep that night together—we went to bed about half-past eleven o'clock—I had six sovereigns, which I put into my watch pocket, and put my trowsers on a chair by the bed-side—I went to sleep, and awoke about two o'clock—I then missed three sovereigns—I said to the prisoner, "You have been at my pocket, and taken out three sovereigns"—she said, "I have got no money, not a farthing"—she had been down stairs while I was there—she said she was going into the yard, but was about an hour before she came up again—I went down and told Mrs. Freeman when I missed my money—I had three or four shillings in my waistcoat pocket—I gave the prisoner 2s. the first night, and was to give her 2s. the second—I said I would pay her in the morning.
came—in the course of the night the prisoner came out of the bed-room about a quarter past twelve o'clock, and asked if I would fetch her some supper—she gave me a sovereign to change, and told me a gentleman of the name of Fred gave it her, who belonged to the army, that she bad been kept by him, and she could always have a sovereign of him—she said the prosecutor had given her nothing, and she did not want him to know that she had this money—I said she had better give me the money—she took a piece of paper out, and gave it me with two sovereigns in it, and the change of the other sovereign, which was 18s. 4d.—she told me not to tell the prosecutor—I went to bed, and was awoke by the prosecutor calling out—he said he had lost some money—I said to the prisoner, "Young woman, if the money you have given me, and the money for the supper, is his, why don't you give it him?"—she kept making motions to me not to say any thing—at last my husband said I had better call a policeman, which I did.
JURY. Q. Was the prosecutor sober? A. I cannot say—I have no doubt they had both been drinking.
RICHARD BARBER . I am a policeman. I was called in—the prosecutor accused the prisoner, and said he had lost three sovereigns—I said to the prisoner, "Be cautious what you say to me—have you got any money?"—she said, "No, I had none when I came into the house, and I have got none now"—she then began crying, and fainted away—she was drunk, but the prosecutor was sober.
Prisoner's Defence. He gave me so much rum-and-shrub that I did not know what I did.
GUILTY. Aged 16.—Recommended mercy. — Confined Three' Months.
GUILTY . * Transported for Seven Years.
HENRY HOLT . I am a stable-man to Mr. Bardell, of Steven's-mews, West-street. Dutnall worked in the same yard—on Monday last I left my shoes and waistcoat in a bundle in the loft—I missed it at seven o'clock in the evening—this is my waistcoat—(looking at one,)
THOMAS COOPER . I am a policeman. Dutnall was given in charge to me—I had received information, and took him to a pawnbroker's, who said that he was not the person who pawned the waistcoat, but he stood behind the person who did—Dutnall denied all knowledge of it—I then took Steel—he said he did not deny pawning it, but that Dutnall gave it him to pawn.
DUTNALL— GUILTY . Aged 18.— Confined Three Months.
STEEL— NOT GUILTY .
HENRY BRIDGES . I am a hat-block cutter, and live in Gilbert-street. About a quarter before nine o'clock last night I was in Long Acre—I had a handkerchief in my poscket—I did not feel it taken from me, but I received information, and the prisoner then broke between me and a lady I was in company with—he pretended to be drunk, and dropped my handkerchief—my brother picked it up—I went and collared the prisoner, and took a silk handkerchief out of his hand, and took him to Bow-street.
Prisoner's Defence. I was going along, and saw the prosecutor at the corner of James-street—he said, "You have got my handkerchief"—I had my own handkerchief in my hand, and I said, "Is this it?"—he said, "No," and took me to the station-house.
GUILTY † Aged 24.— Transported for Ten Years.
OLD COURT.—Saturday, August 17th, 1839.
Second Jury, before Mr. Sergeant Arabin.
2342. JOHN PADBURY and HENRY PADBURY were indicted for stealing, on the 9th of August, 1 handkerchief, value 6d., from the person of a man unknown; and that John Padbury had been previously convicted of felony.
CHARLES HENRY BAGNOL . I am a policeman. On Friday, the 9th of August, at nine o'clock in the evening, I was on duty at Drury-lane—I saw the two prisoners there—I watched them nearly 100 yards—I saw them attempt to pick a gentleman's pocket twice—the third time John Padbury took the handkerchief from his pocket—the other was close by him at the time, indeed I do not know whether he did not touch him—they then ran across the road—I followed, and secured them both—John Padbury threw the handkerchief away—I let go of Henry, and he started off-another witness caught him—I did not know the gentleman's name—he turned up Long-acre, and they turned towards Great Queen-street—I went after them, and by that means lost sight of the gentleman.
GEORGE LAWLER . I am an apprentice. I was in Drury-lane, walking with Bagnol—I saw the prosecutor and a lady going on, and the two prisoners followed—John took the handkerchief—Henry was close by him at the time—when they got the handkerchief they ran across the road, and I saw John throw it away.
John Padbury's Defence. As I was coming down Drury-lane, going home, some gentleman stopped me, and said he had got me—I said, "What for?"—he said, "It is all right" they took me off, picked up the handkerchief by the side of me, and said I had thrown it away.
JOHN PADBURY— GUILTY . Aged 20.
HENRY PADBURY— GUILTY . Aged 18.
Transported for Ten Years.
Before Lord Chief Justice Denman.
Upon which no evidence was offered.
NOT GUILTY .
AIME BOURRA . I am a dyer, and live in Rathbone-place. The prisoner was my sbopwoman for three months—she left my service on the 15th of July—on the 13th of July I sent a bill to Mrs. Medina by one of my boys—I wrote a receipt on it—my boy brought the bill back—I left it with the prisoner upon the counter, to keep it ready, because the boy said they would call in the evening, and bring the money—this is the bill and receipt I made out—(looking at it)—in the evening I asked the prisoner if Mrs. Medina had not sent the money—she said, "No"—I have never received the money from her—I inquired again in the morning of her, and she said she had not received it.
Cross-examined by MR. PHILLIPS. Q. Was any body present when you made the inquiry of her? A. No—I never asked her to become a witness in my favour—I am sure of that—a servant-girl of mine summoned me for wages—I did not ask the prisoner to be a witness—I asked her if she knew any thing about it—she said she was not sure of it, and would not go—I have heard that she set up in my business before she left me, with a young woman of the name of Navieu—I had seen Miss Navieu when the prisoner was in my service—the prisoner was a week away from me before she took her boxes away—when she came for her boxes Miss Navieu came with her—she did not tell me that she had brought Miss Navieu with her to be a witness to her boxes being examined before she took them out of the house—I have never been In jail—I have been in prison in France for a political affair, but for nothing else.
JANE BEVIS . I am servant to Mrs. Medina. On the 15th of July I received this bill of 9s. 6d. from the prosecutor's boy—I paid it in the afternoon of the same day to the prisoner, and she gave me this bill receipted.
JOHN WELLS . I am a policeman. I took the prisoner into custody on the 2nd of August, at No. 23, Francis-street, Tottenham Court-road, in a shop which she was keeping—I told her she was charged with taking 9s. 6d. from Mr. Bourra—she said she knew nothing at all about it—it was mere spite.
NOT GUILTY .
2345. THOMAS BURNS was indicted for feloniously assaulting John Jenkins, on the 27th of July, putting him in fear and danger of his life, and taking from his person, and against his will, 1 half-sovereign, 1 half-crown, 4 shillings, 1 sixpence, and 4d. in copper monies, his property; and at the time of, and immediately after, the said robbery, feloniously beating and striking him.
JOHN JENKINS . I am a journeyman harness-maker, and live in East-street, Manchester-square. On Thursday night, the 27th of July, I was going home with a bundle, and saw some people standing at the corner of York-street, East-street—I knew the prisoner before by sight—he was one of the men—he said nothing to me—Hickey, one of the men (see page 625) who has been convicted, asked me to give him something to drink, then tore my waistcoat pocket off, and took my money from me—as soon as he had done that, the prisoner immediately struck me down with his fist—I called, "Police," and they all few ran down the court—I was called up
in the course of the night, and saw Hickey in custody—I am certain Bunrns is the man who knocked me down—I did not know his name until, after he was apprehended—he was standing on my left side when he struck me—I am perfectly sure of him.
JOHN SHOULER . I am a policeman. On the night in question, about half-past twelve o'clock, I saw Hickey run past me from York-court—he was looking backwards—I suspected something was wrong—I went round my beat, and heard the prosecutor had been robbed—about five minutes before the robbery took place, I had seen the prisoner standing with Hickey and two others—I saw him with Hickey afterwards also—I knew him well before—he was with Hickey and the other two, when I apprehended Hickey, but went away—the other two followed us to the station-house—I afterwards took Burns close by Oxford-street, about half an hour after I took Hickey—he was before the Magistrate, but was discharged—I do not know why—they were all four before the Magistrate together—the prosecutor pointed Burns out as the man who had knocked him down, but they said there was not sufficient against him—when the depositions were read over, then was nothing in them about Burns.
JOHN JENKINS . re-examined. Q. You told the Magistrate a man knocked you down, now you say that man was the prisoner? A. Yes—I pointed him out as the man who had knocked me down, before the Magistrate—I did not know his Christian name then—I am certain he is the man that struck me.
Prisoner's Defence. I was not there that night at all—the policeman told the Magistrate he could bring a person to prove that Hickey knocked him down—I was in Paddington-street when it was done.
JOHN SHOULER . re-examined. I told the Magistrate another man saw the scuffle between them, but I was afraid he would not attend—he said he saw the prosecutor lying in the gutter, but did not know who knocked him down.
JURY. Q. You stated on Hickey's trial, that some of them went off in a coach? A. Yes—the prisoner went off in a coach with the other three.
(The prisoner received a good character.)—(See page 625.)
GUILTY . Aged 18.— Fined One Shilling, and Discharged.
GEORGE PALLISER . I am a saddle and harness maker in Finsbury-place. The prisoner was in my service for seven years—I discharged him on the 3rd of August—he was to come again to finish some work, which he had left undone—he came again, finished part of his work, and at night he came for his wages—I called him into the counting-house, and told him the foreman accused him of taking a pair of traces off the premises—he acknowledged that he had—I asked him where they were—he said he would not tell me, and I gave him in charge.
Prisoner. He asked me for the work, I said I should bring it in on Mondty it was not finished. Witness. He did not—he would not tell me where they were—I forbid any body taking work off the premises.
CHARLES OLIVER . I am foreman to Mr. Palliser. On Saturday. the 3rd of August, the prisoner had a set of traces to finish—they were safe in the shop on the 5th, aud on Thursday, the 8th, I missed two out of the four—the prisoner had left then—he came on the 11th to work by
ten o'clock in the morning, and asked me for two cock-eyes to finish them—I said, "You want four"—he said, "No, I have two traces"—I called Bottle, and asked him about it, and then the prisoner said he had taken the two traces off the premises—the next night I met him, and asked him Where they were—he said he had got them away—he would not tell us where they were till the policeman came—he then said he had left them at Mr. Richards, a friend's house—I went and found them there.
Prisoner. I met this man and another shopman—he said, "Mr. Palliser wants you"—I went with him, and told Mr. Palliser I had not finished the work, and it would be done by the Monday. Witness He could not finish them because he had not the materials to finish them with.
WILLIAM BOTTLE . I am in Mr. Palliser's service. On Wednesday or Thursday I missed a pair of traces from the prisoner's bench in the manufactory—I made inquiry about it—on the Saturday the prisoner came to finish his work—I asked him where the other two traces were, as there had been four—he said he had taken them down, from which I supposed he had finished them and taken them down—I said, "You have not taken them down"—he said he had—I said, "Who did you give them to?"—he could not tell me—I went and asked the foreman if he had received them—he said, "No"—I told the foreman he had better not pay him till his work was finished—the traces produced I believe to be the same.
Prisoner. I told him they were not finished, but I would bring them on the Monday—he said, "Have you pawned them? if you have I will lend you the money to get them out"—I said, "No, I have not." Witness. I did say so.
Prisoner. In the evening I came down with my shopmates, and witness told me to come in to Mr. Palliser, and he charged me with it—I told him where they were—I had had them in hand four months, and never had any cock-eyes that I could finish them with; they were either too large or too small.
GEORGE RICHARDS . I am a cab proprietor, and live in Sheppard-street. On Wednesday or Thursday last the prisoner brought a pair of traces, and asked me to let him leave them there, for he had to finish them—he was not sober—I went home about twelve o'clock on Saturday night, and heard he had been taken up—a policeman came and asked for the traces when I was out—I could not swear these are the same, as I was not present—he could have finished them on my premises—he was in the habit of taking Mr. Palliser's work home, and so were all the prosecutor's men—I have known the prisoner thirteen years—he bore the highest character.
EDWARD BLACKFORD . I am a policeman. On Saturday last I was called to the prosecutor's, and received charge of the prisoner—on going to the station-house he told me he had left the traces at his friend Richards's house—I went there, and found these traces.
Prisoner. Bottle has taken home more work than any of the men.
NOT GUILTY .
found him in the shop when I took it—I discharged him on the 13th of July, giving him a week's wages—I afterwards had reason to suspect him, and gave information to the police—on the 25th of July he had cone to my house with another person, and I showed him some bills, among them one of Mr. Arnand and one of Mr. Tibbey—he said, "I have received the money and not accounted for it; I have done wrong"—he offered to pay me at the rate of 5s. a week, ifl would not prosecute, which I refused—I told him if he would call on the Monday I should know to what extent I had been robbed, as I should go round to the customers myself, and then I would talk to him—he called on Monday, and offered to pay me 10s. when I immediately gave him in charge.
Cross-examined by MR. PRENDERGAST. Q. He went round to the customers with your son after you had discharged him? A. Yes, as some of them had moved—he did not say that he was very sorry he had done it, but he had been in debt, and intended to pay me—he gave meno reason.
SOPHIA ELIZABETH ARNAND . My husband is a musical-instrument maker. I deal with Mr. Michie for bread—I paid the prisoner 10s. in part of the bill, the latter end of June or the beginning of July—he did not ask me for it—he came on the following week, and as the 10s. was not acknowledged in the next bill, I mentioned it, or my girl did, in his presence—he said it was a mistake—I paid him on the following day 10s. more, and he gave me a receipt for the two 10s.—I saw him the next week, and as it was not deducted from the bill, I sent the bill to the prosecutor.
Cross-examined. Q. He regularly made an entry upon the bill of your having paid it? A. Yes.
GUILTY . Aged 32.— Transported for Ten Years.
MR. CLARKE. conducted the Prosecution.
JAMES HAYWARD . I am an ironmonger. I have bad dealings with Messrs. Warner for some years, but have not had any account with them for about eighteen months—the prisoner was in my employ, and quitted about the 12th of June—I do not think he had taken orders from me to Messrs. Warner above once or twice, but he has taken orders—this order is not one of mine—(looking at it)—it is the prisoner's writing.
ALFRED WARNER . I am the son of one of the partners, and manage their business. It is the custom in our business to deliver goods on the authority of such papers as this—we constantly do it, every day.
COURT. Q. As between you and Mr. Hayward have you done so? A. Certainly—it is the ordinary form of a request to deliver goods to Mr. Hayward, or to any body.
(The document being read, was as follows:—"August 3, '39.—One 16is helmet scoop, one 4 qt. oval kettle.—JAS. HAYWARD.")
GUILTY. Judgment respited. (Seepage 676.)
WILLIAM RICHARDSON. I am in the employ of Joseph Gurney, a victualler, at All Saints, Poplar. On Saturday, the 3rd of August, I missed about four feet of the lead gutter off the roof of the skittle ground—there was ten feet taken away—I know the prisoner by his frequenting the house—I went with Mr. Craig to the prisoner's house, and asked him how be came to take the lead—he said, "Don't make a noise, I will go with you"—on the way to the station-house I said, "You are the last person I should have thought guilty of such a thing"—he said, "If you will let it be till next week, I will make it all right"—we have not found any of it.
DAVID CRAIG . My garden is next door to the prosecutor's. On the 6th of August, about four o'clock in the afternoon, I went down to the bottom of the garden, and while I was sitting there I saw some mortar fall from the party wall—I called out, "What are you doing?"—I got up, and saw the prisoner take the lead from the party wall, double it up, and throw it under a bench in the yard next to the skittle ground—it was a piece of the water pipe—he told me he was repairing the gutter—I told him to make good the hole he had left, and left him—I went back in about an hour, and saw some loose bricks put into the hole, which I thought was not done by a workman—I went and told the barman, and went to the prisoner's lodgings with him—the hole was nine inches square—I know nothing about the other lead.
Prisoner. I saw a piece of lead hanging loose to the wall—I just touched it, and it dropped into his yard—nobody can say I touched any more, and I did not take that away—I tried to shove it back in its place.
Witness. He did not—he pulled it out, and left the hole, and I saw him double it up and throw it under the bench.
Prisoner's Defence. I never carried a bit out of the place—I had no lead at all more than I saw hanging there—I never was on the roof at all.
GUILTY . * Aged 53.— Transported for Seven Yean.
2350. RICHARD GRIMMETT was indicted for stealing, on the 16th of July, 4 shirts, value 7s.; 1 waistcoat, value 7s. 6d.; and 4 pairs of trowsers, value 18s.; the goods of Thomas Capps, his master: to which he pleaded
GUILTY.—Aged 19.—Recommended to mercy. — Confined Three Months; the First and Last Week Solitary.
MR. JONKS. conducted the Prosecution.
JOHN SAUNDERS . I am a labourer, and live at Isleworth. I receired my wages on Saturday, the 14th of July, and went into the Swan publio. house in the evening—I found the prisoners there, and several other persons—Newman wanted to lay me a wager that I had not a sovereign's. worth of silver in my pocket—I said I knew that—we had a few words and he wanted to bet me a sovereign that I had no money at all—I would not pull my money out—we had a few words more, and he up and struck me in the face, gave me a black eye, and knocked me down—I got up and took my money out, and put 15s. on the table—Gurney came from the table swept the money into his hand, put it into his pocket, and cried out, "Kiss it," and the lights were all blown out—Wapshott came to me, and said, "Hold your noise"—I said, "You are as bad as the rest of them"—he said, "Don't say that again"—I said, "I do say so," and then he struc me, and knocked me down—somebody sang out, "Kill him"—I gave no alarm, but went out at the side-door, and went straight home—I did not see the landlord there—I told my parents next morning—I met Gurney on Sunday morning, and asked him for my money—he said there was 1s. left of it, and I might take part of it if I liked—I said I would not—I would have all my money—on Monday morning I went to the Magistrate, and he told me to go to the constable—I remained in the house about half as hour after this treatment, I went away as soon as I could get out of the room—when the gas was lit up I came out—Gurney ordered some gin while I was there, but I refused to have any of it.
Cross-examined by MR. CHAMBERS. Q. Did you know any of the persons in the tap-room when you went in A. Yes—they were not fellow-workmen of mine—half-pints and quarterns of gin were called for—as soon as one quantity was consumed they called for more—when the gin came in the lights were lighted again—Mr. Grieves, the landlord, broogkt in the gin—I did not tell him they were paying for it with my money, because I was frightened, and went home—Harry Saunders, my cousin, partook of the gin—he is a respectable young man—I am not intimate with him—he was in the room when the money was taken—I did not tell him that my money was stolen then—I told him next morning—I do not knot that he is a good boxer—George Buck also drank part of the gin—he knew I was robbed, and a chap named Tame—I cannot say whether he was there when I was robbed—he was there when the lights were put out—there were several there I knew—I was not so drunk but what I know who ill-used me, and had my money—I had been drinking at the pay-table at the Castle public-house, but was not very tipsy—I was paid at eight o'clock, and was drinking there till ten o'clock—I then went to the George public-house—I did not drink there, but treated a young woman—I had received 18s.—I paid my weekly score at the Castle public-house, which was 1s.—I did not offer to fight Newman—it is a good-sized room—there is only one door to it—I came out at the tap-room door, and out at the side-door of the house—Mr. Grieve and his wife attend to the house, and a servant girl—there are no police at Isleworth—the constable lives about 100 yards from the public-house.
Cross-examined by MR. DOANE. Q. About what time did you go into the Swan public-house? A. About eleven o'clock—I did not go straight from the George there—I went to the Bell—I was in four public-houses that night, with the Castle, but I did not stop to drink any thing in the
house—I brought it outside—I should say there were twenty persons in the Swan when I went there—Saunders was there when I went in, but I do not know whether he was there when my money was taken—Newman struck me before the light was put out, and Wapshott struck me in the dark, but I knew him by his voice—Newman gave me the black eye—I told the constable who robbed me, and gave him instructions who to take into custody—I was before the Justice when Crowther had Gurney there—I saw Wapshott there, and said he was one, and he was taken.
Newman. You were rolling about in the tap-room, drunk. Witness. I was not—I did not chuck a sovereign down to pay for the ale—I did not shove my fist in your face—I said you owed me animosity, as you had said you would mark me when you could get a chance—I did not tell Gurney he could have a pound or two if he liked—I said he could have a shilling if he wanted it, but be said he did not want any.
MR. JONES. Q. Did any body interfere except those you have named? A. No—we had three or four pots of beer among three of us at the Castle public-house.
JACOB CROWTHER . I am a constable of Isteworth. The prosecutor applied to me, and mentioned Gurney as having taken his money, and told me how the others interfered—I took Gurney, and told him the charge—he said Saunders was flashing his money in the tap-room, and any body might have taken it—Newman was taken at Hammersmith for something else, and Wapshott surrendered to the Magistrate.
Cross-examined by MR. CHAMBERS. Q. Is Gurney a married man with a family? A. Yes—he rents a cottage at Isleworth—I have known him from a boy—he is a labouring man, when he does any thing—I have not known him do much work—I found him at his Own house on Monday the 15th, between ten and eleven o'clock in the morning.
Cross-examined by MR. DOANE. Q. DO you know Wapshott? A. Yes—his father is a very respectable man—be owns barges, and his son assists him in business—I understand the prisoner Wapshott came before the Magistrate as a witness, but when the Magistrate heard what the prosecutor said, he placed him at the bar.
MR. JONES. Q. Who did he come as a witness for? A. I understood for the prosecutor, from the account he gave to me of it.
Newman's Defence. I had nothing to do with the money—I went out an hour before Wapshott struck him.
(Witness for the Defend.)
— STILLWELL. I am a smith, and live at Isleworth. I was in the house when Newman came in—he changed a sovereign—Saunders shoved his fist in his face, and he asked him to knock his b—y head off—the money jumped off the table on his lap, and Newman said, "See how easy I can keep it," and he threw it on the table.
MR. JONES. Q. Did you see Saunders come in? A. Yes, a few minutes after Newman—Newman offered to bet him he had not 1l. of silver about him—he laid half-a-crown down—he did not say he would not bet—I swear that—I do not know who took it up—I left the room while it was on the table—Newman aggravated Saunders for about half-an-hour—he did not strike him on the eye and knock him down—he struck him on the nose with the back part of his hand—I did not have any of the gin—I went out before it was called for—the lights were not put out while I
was there—Saunders was intoxicated—he was not rolling on the ground—the prisoners were all three apparently sober.
NOT GUILTY .
SARAH PATMORE . I am the wife of Edward Patmore, a labourer, and live in Great Mitchell-street. On Saturday morning last, I hung some linen out to dry in the back yard—I went to take it in about half-past ten o'clock, and found the prisoner in the yard taking the linen off the line—I never saw him before—he had these things in his arms, and threw then on the dust-hole—I asked what he did there—he said he had been to the privy—he had pulled his boots off to go through the passage, and had them in his arms, he rushed by me, and ran through into the street, and the policeman stopped him without my losing sight of him.
GUILTY . * Aged 18.— Transported for Seven Years.
MR. PHILLIPS. conducted the Prosecution.
ELIZA ADCOCK . I live in the house of Mr. Woolcott. On the 8th of July the prisoner came and presented this paper to me—he gave the name of Williams—(read)—"8th July, To Mr. Woolcott, SIR.,—Please to execute, by my young man, as under, from the Spotted Dog, Strand," (here the articles were enumerated)—"for F. Cooper, Dartford; Refer to Mr. Dale, bedstead-maker, Wardour-street, Soho."—I waited till Mr. Frederick Woolcott came home, and gave him the order.
FREDERICK WOOLCOTT . I am the brother of Henry Woolcott. I received this order from Adcock—the prisoner came to the shop again the same day, and I saw him—I knew him as John Davis, who had lived a in Frith-street, Soho, and afterwards in Orange-street, Bloomsbury—I gave the order to my brother, and told him he was John Davis.
HENRY WOOLCOTT . On the 8th of July, I saw the prisoner at my shop—I went in with the order in my hand, and asked him if he knew Mr. Cooper well—he said, "Yes, very well"—I said, "Do you live in his service?"—he said, "Yes"—I asked him how long he had lived with him—he paused, and said, "Eight months"—I said, "I understand your name is John Davis"—he looked at me very coolly, and said, "It is John Davis"—I said, "I thought your name was John Davis; you can go and tell you master, Mr. Cooper, if he wants my goods, to send the money for them."
WILLIAM ROPER PEARSE . I am high-constable of Dartford. I have lived there between fifty and sixty years—there are only two persons there of the name of Cooper—one is a journeyman plumber named John Cooper, in High-street, and the other Geoffrey Cooper, a day-labourer—I have made every inquiry in the town.
goods for him—I asked him who he was—he said, "Mr. Cooper"—from that I took him to be Mr. Cooper—he called several times on several days.
Prisoner. Q. Did I not ask if there were any goods for Mr. Cooper, of Dartford? A. Yes—he said, "Is there any goods for me?"—the first time of his calling there, he had said there would be some things for Mr. Cooper, and when he came again, he said, "Is there any goods for me?"—a shorter man, who was with him, asked the same—they both gave the name of Cooper—I thought they were brothers, they were so much alike—I have no doubt the prisoner said his name was Cooper.
Prisoner's Defence. I throw myself entirely on the mercy of the Court—I deny saying my name was Williams.
JAMES WAYTE . I am clerk to Mr. Weldon. On the 24th of July, the prisoner came to his warehouse, and said he came for samples of feathers for Mr. Cooper, of Dartford—I gave him some—he came again on the 26th, but on the 25th, we had received an order for two bags of feathers, to be got ready by two o'clock the following day, and the cart would call for them—the order was delivered at the warehouse—I cannot say whether it came by post or not—when the prisoner came on the 26th, he said he was come for the feathers for Mr. Cooper, of Dartford—it was a very wet day, and they were not quite ready—he had a spring-cart at the door—we told him the goods were not quite ready—he said, "I will put up my horse and cart in Farringdon-street, and return shortly"—he came again in about an hour and a half—we told him it was a very wet evening, he had better allow us to send the goods by the carrier as, in consequence, of the rain, they might get damaged—he said he had a good tarpaulin, and he could keep them dry—we lent him some bags to put over them, and he took the goods away—we afterwards received an order for horsehair by letter, to be sent to the Spotted Dog, Strand—I went there with an officer, saw the prisoner, and gave him in charge.
(The order for the feathers was here read, and purported to be signed by F. Cooper, High-street, Dartford, and gave as a reference the name of Mr. Dale, of Wardour-street, Soho.)
RICHARD ROOK . I saw the prisoner at Mr. Weldon's warehouse on the 24th of July. He stated that he had called for Mr. Cooper, for samples of two descriptions of feathers—he represented himself as the foreman of Mr. Cooper—the feathers were then delivered to him—I afterwards went to Dartford—I made particular search in the High-street there, to find out Mr. Cooper, but could find no such person—I inquired at the Post-office and of the constable—I know Mr. Dale of Wardour-street, Soho.
JAMES HENRY WELDON . I saw the prisoner at my house on the 5th of August. I showed him the letter of the 2nd of August—I had previously said I could not send the horsehair because I did not know the price—he said, "The price is 10s. which I had put in my writing."
(The order being read, was for a small bag of curled horsehair at 10s., and was signed "F. COOPER, High-street, Dartford.")
refused to give his name at Bow-street, but at the Compter he gave the name of John Davis—he refused to give any address—he pulled out a letter which he was reading at Bow-street, and while I was looking another way he tore the direction off.
Prisoner. Q. Tell what the contents of the letter were? A. It wan a bill for lodging.
Prisoner's Defence. I have known Mr. Cooper eight or ten yean—he represented that he had taken a shop at Dartford, and I did not know but he had really done so—I have been innocently drawn into it—Cooper had been at the Spotted Dog the very day I was taken—I used to meet him at different places in town, and he told me he lived in the country.
GUILTY . Aged 32.— Transported for Fourteen Years.
(There were two other indictments against the prisoner.)
The prisoner did not plead to the indictment: and on the evidence of Mr. Olding, assistant-surgeon of the gaol, and William George Watts, the prisoner's master, the jury found him of unsound mind.
Before Mr. Common Sergeant.
SUSANNAH SCOTT . I am the wife of Abraham Scott, and live at Palmer's Green. The prisoner was my servant—he received money which he should pay in the same evening he received it—I deal with Mrs. Hobbs—the prisoner only paid me 1l. 12s. 111/2d. on her account, out of 2l. 12s. 111/2d.—he remained with us till Wednesday evening—he said nothing about the other £1—he had the misfortune to be thrown out of a cart, and did not return to his work.
Cross-examined by MR. CLARKSON. Q. Was this money settled before he went away? A. No, the 1l. never was settled—my husband is not here, but he was not at home at the time—I knew the prisoner several years before he came into our service—Sarah Hobbs first spoke to me about this on the Friday following—she did not say she would not have any more bread of us if she was made to pay the 1l.—the prisoner did not say, rather than have any misunderstanding be would pay it out of his own pocket—his sister brought a sovereign the week after, and left it—she would leave it with me.
Q. Did not you and your husband both declare you did not think he could have received this? A. We did not know which way it might be—we never had a mistake before.
Cross-examined. Q. Look at the pencil-mark in this book, here is "1l. 12s. 111/2d."? A. Oh, that I did not take any notice of—I have kept the book, and it is just as it was—the number of loaves is put down, and he has only written "paid"—here is "seventy-seven loaves paid."
NOT GUILTY .
the prisoners to clean for me at different periods, but for a long time Little-boy was not allowed to come, I having lost property—this carpet is mine—(looking at it)—I found it in pawn.
Cross-examined by MR. PHILLIPS. Q. Has Thomas been in your employ? A. Yes, daily employment, it was not nightly employ, though people have been pleased to say so—I have rather a character for gallantry in the neighbourhood, but it is not what you suppose—I took Littleboy's sister and her husband to live in my house—I have only one young lady living in my house—I have not had three women at a time in my house—I am seventy-one years of age—my wife is in a very respectable situation—she has ceased to live with me several years; and to save you trouble, it is susceptible of the clearest proof that it was entirely through the intrigues of the mother, because I would not live with her, that she threatened to take her away as she did—my wife is about thirty—Thomas left my employment a week or two ago—I am not in the habit of prosecuting little girls—I never did so before—I never had Thomas taken into custody—I think not—I do not wish to say what is wrong—I did not hear your question—oh, yes, yes, she was three weeks in prison—I gave her into custody for stealing—I prosecuted her, and she had three months' imprisonment and a warning—she is fifteen years old—I have sent some of my servants to pledge things—I do not recollect what things—she has taken almost every thing out of the house—they have pledged things with my knowledge for me—neither of them had directions from me to pledge the carpet—I did not forbid Littleboy to pawn it—I never permitted Thomas to pawn it—I took Thomas into my service after her three months' imprisonment, on account of her extreme poverty.
MR. PHILLIPS. to RICHARD CARTWRIGHT. Q. Now, on your oath, have you ever taken any liberties with either of these girls. A. I am not bound to answer the question—I scarcely ever entered the room but she* * *
NOT GUILTY .
THOMAS SPENCE . I live in Throgmorton-street. About twelve o'clock, on the 16th of August, Wickett and Fry came to my shop for a pair of straps—I got out a pair of double bose straps—Fry was behind me—Wickett said he wanted a pair like those Fry had on—they were brass ones—I said, "I don't sell them"—I gave him a pair of single hose straps, and at that time heard a cry of "Stop thief," and saw a bustle in the street, and to my surprise saw a piece of cloth, which I supposed came out of my shop—Wickett ran out to my right and Fry to the left, and I saw no more of them till I got to the Mansion-house, where I found my cloth, which I had seen safe five minutes before—it has my hand-writing on it—nobody had been in the shop but the prisoners after I had seen it safe.
Cross-examined by MR. PHILLIPS. Q. Did you see either of the prisoners with your cloth? A. No—I saw it in somebody's hands in the middle of the street—I believe it was in Forrester's hands.
Cross-examined by MR. DOANE. Q. Was it while you were talking to Wickett about the straps that you heard the cry of "Stop thief?" A. Yes, while I was giving him a pair of straps.
DANIEL FORRESTER . I am an officer. About half-past twelve o'clock, on I the 13th of August, I was by the Bank, and saw the three prisoners going down Bartholomew-lane—I knew them before by sight—two walked on the right hand side, and one on the left—I kept some distance behind—they were very near together at first—Townsend crossed over to the left hand—they walked on, turned into Throgmorton-street and when I got into Throgmorton-street, I saw nobody but Townsend—he was standing nearly opposite the prosecutor's shop—I stood under Angel-court, and in a short time Townsend crossed over, and stood under Shorter's-court, within about two doors of the prosecutor's house—I looked out again, and then Townsend came towards me with this bag, and the cloth in it—when he saw me come out of the court, he rather faltered—I laid hold of him—he struggled, but I held him tight, and took him to the prosecutor's shop—Fry was standing at the door—I took hold of him—he struggled—I saw Wickett in the shop talking to the prosecutor—he rushed out very quickly—I called out, and he was secured—Fry got from me, and left his coat and hat behind him, but he was secured.
Townsend's Defence. I was going down Throgmorton-street, and saw something in an entry—I took it up to see what it was, and was coming across the road, when Forrester took me.
WICKETT*— GUILTY .
TOWNSEND†— GUILTY .
FRY*— GUILTY .
Transported for Seven Years.
GEORGE LONG . I live in Theobald's-road, and have a partner. The prisoners were both in my service as carpenters—I lost 150 pieces of wood—I found it in Great St. Andrew-street—this is part of the wood—I believe it is worth 5l.
Cross-examined by MR. PAYNE. Q. Are you sure the wood is yours? A. I have no doubt it is—I cannot swear to it—it is part of a roof which we are taking off Queen Ann's Bounty Office, which we are repairing—all the old materials belong to us—Drake was my foreman, and Colwell has been in my employ about two months.
Cross-examined by MR. DOANE. Q. How long has Drake been in your service? A. Two months—he came from Mr. Trego, the builder.
WILLIAM TOMKINS . I live in Great St. Andrew-street, Seven Dials. On the 9th of August, about seven o'clock, I was going through Dean's-yard—I saw some wood lying in a garden-place, and saw Colwell sitting down there with a jug of tea—he asked my business—I said, "I see you are pulling down houses here; have you any old wood to sell?"—he said, "Yes; are you a buyer?"—I said, "Yes"—we agreed for a lot of wood, and next morning, at seven o'clock, I went with a van and fetched some away—I met Colwell there and another man, who I do not know—they helped me to put it into the van, and the man went along with me—I gave 20s. for it—I would not give 15s. for it now, but I expected to have had some more—it is old wood.
Cross-examined by MR. PAYNE. Q. Do you go about in this way, buying wood wherever you can find it? A. No; they are what I call old chunks.
NOT GUILTY .
CHARLOTTE SOUTHGATE . I am in the service of Thomas Kelting, an umbrella maker, in Commercial-road. About seven o'clock in the evening, of the 5th of August, I had my master's child, Ellen, in the street—I dropped a half-crown—it remained upon the ground about two minutes—I turned round and saw the prisoner pick it up—I said, "It is my half-crown"—she said, "No; I have just dropped it"—I am sure it was mine, and know she picked it up at the place where I dropped mine.
Cross-examined by MR. DOANE. Q. Were you standing still when you dropped it? A. Yes, loitering about, looking at some children—I know very well when I dropped it—I stood upon the piece, and never moved—there was no one standing near but six children—I knew them—the prisoner was close to me when she picked it up—I saw the half-crown when she was picking it up—I did not see it when I dropped it—I did not see it on the ground before she picked it up—I felt it go out of my hand.
NOT GUILTY .
First Jury, before Mr. Common Sergeant.
2361. FREDERICK MERCHANT, alias Hopgood, was indicted for, stealing, on the 1st of September, 1838, 1 crayon, value 3d.;20lbs. weight of paint, value 10l.; and 1lb. 11oz. of composition for crayons, value 5s.; the goods of William Winsor and another, his masters.
HENRY CHARLES NEWTON . I am in partnership with Wm. Winsor, in Rathbone-place, as artist's colour-manufacturers—the prisoner was in our employ, and was discharged last October—a few days ago I went to his house, No. 44, Crescent-street, Euston-square, with an officer, searched it, and found a box containing these articles, the greatest part of which are our manufacture—we have lost such articles—the prisoner was not at home.
Cross-examined by MR. PAYNE. Q. Which do you speak to as having ever been your property? A. The Vandyke brown I know by its being particularly small—it is never imported in this state, in the general way—it is imported by ourselves—I cannot say that no other house imports it in the same way, but I know it by its exactly resembling what I have at home, by its being particularly small, and its exact tint—I will not say other houses might not have the same description of article—I missed quantities of colour at different times—it is impossible for me to say whether
I missed any of it in September or October last year—I had not missed the Vandyke brown till I found it—I had missed a quantity of pink madder, and I know this by my own make—no other person makes the same kind, it is a chemical process, and every manufacturer has a different mode—there are not more than three makers—the peculiarity consists in the clearness of the tint—I am certain it is mine by the peculiar tint—I found about 14oz. of that at the prisoner's house—it is worth 4s. 6d. or 5s. an ounce—here are also two cakes of colour which have our name on them—I cannot say they have never been sold—here is a parcel of crimson lake, in a state of half preparation—I know that by a peculiar circumstance—it was ground up, and not wishing to use it all at the time, it was cut up in shreds, and none of that was ever sold, for it was not in a saleable state.
EDWARD JONES . I went to the house, No. 44, Crescent-street, with the prosecutor—I saw the prisoner's wife there—I afterwards went to the prisoner, and told him I apprehended him on suspicion of robbing his late employers, and asked how he accounted for the boxes I found, pointing to the boxes I had in a coach, which was waiting for him—he said, "I bought it at different times"—among other things, I found some circulars, signed "F. Merchant," about cake-colours and other articles produced, stating that he had commenced business, and could serve at 15 per cent, cheaper than any other house in London, for ready cash.
Cross-examined. Q. What part did he occupy? A. The second floor, and I the first.
MR. NEWTON. re-examined. We gave the prisoner 1l. a week—we discharged him on suspicion of robbery, but we had no positive information till we received information two days ago, and got a search-warrant—I have compared the lake in the bottle with what we have at home, and it exactly resembles it—the bottle is not mine.
GUILTY . Aged.— Transported for Seven Years.
(There was another indictment against the prisoner.)
EDWIN DANIEL . At half-past seven o'clock on Thursday, I was in a field at the back of the prosecutor's house with a boy named Parker, and saw the prisoner leaning against the garden fence with a basket by his side—in a short time we saw him get over the fence—Parker ran round to tell Mrs. Senior—I watched the prisoner, and saw him put the gown into his basket and unpin something else—I gave information to the officer—he heard the officer coming over the fence, and threw the basket into the ditch, and laid down by the side of it.
GUILTY . *—Aged 31. Transported for Seven Years.
GEORGE BLACKMAN . I am book-keeper at the Flower-pot, in Bishops-gate-street. I know the prisoner—he was a porter, in the employ of Mr. Chaplin, at the Swan-with-two-necks, Lad-lane—on the 2nd of August, he brought two paper parcels and a basket to the Flower-pot, for which he demanded 7s. 10d.—they were directed to Mrs. Cooper, Colchester; Mr. Smith, Stratford; and Mr. Brown, Hackney, and were to be forwarded to those places—there were three tickets on them, as if they came from the Swan-with-two-necks—I knew he had been discharged from there sometime, and asked if he had got back again—he said he had not got back regularly, but he was on as an extra man that day—the tickets are Mr. Chaplin's regular tickets—the parcels were afterwards cut open in my presence—the basket contained a brick and some hay—one parcel, a small piece of carpet and hay, and the other an old newspaper and two copper pieces.
Prisoner's Defence. I did not go to the Flower-pot with the parcels—I have not been there for twelve months.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 29.— Confined Six Months.
NEW COURT.—Saturday, August 17th, 1839.
Fifth Jury, before Mr. Recorder.
GUILTY .— Confined Nine Months.
MR. CHAMBERS. conducted the Prosecution.
LEONARD BROOKE . I am a warehouseman, and live in Blue Boar-court, Friday-street. The prisoner was my warehouseman and town traveller—he had been with me about fourteen months—he was paid by a per centage up to Christmas last, when we settled, and I made a new arrangement that he should have a salary of 3l. a week, and 7s. 6d. a week for carting—I paid him weekly—about the 22nd of June I discharged him—it was his duty, when he received money from a customer, to pay it to me or my son the same night—I have my books here—there is a piece of lasting booked as sold to Mr. Royston on the 16th of April, in my son's hand-writing—it is 2l. 15s.—the prisoner never accounted to me for that money—after he left, I went to his house about the latter end July, with an
officer—he was at home, hut would not let us in—he was taken the next morning.
Cross-examined by MR. PHILLIPS. Q. you went to apprehend him? A. Yes—he had not absconded—he called at my house once—there was not a message brought that he was there, and I refused to see him—I think I saw him on the Thursday after he brought me 11l. 2s. from a Mr. M'Cannan—I did not find out Mr. Royston's money till afterwards—this is the regular day-book—it tells that the goods are gone out and to whom they are gone—the prisoner is also a grocer on his own account—I have dealt with him as such—I think I owed him 1l. 7s., and I owe him 4l. as account of salary—5l. 7s. altogether—he did not offer to go through my books and make up what could be proved deficient—Mr. Bateman did not call and make me the offer, nor did I say that I would not take less then 25l.—I had some conversation with Mr. Bateman—I did not say, "I will take 25l. and settle it without going before a Magistrate"—he did not offer that some one should be appointed to go through the books with me.
COURT. Q. What did Bateman come about? A. He never came near my place, I met him at Worship-street—the prisoner had written me a letters, and the officer said, "What have you robbed this man of?"—tbe prisoner hesitated—the officer said, "There is not time to hesitate"—the prisoner said he supposed he had robbed me of 5l.—I mean to swear that I told that to the Magistrate, and Mr. Broughton said, if we liked to make pounds, shillings, and pence of it, he would not stand in the way—I saw Mr. Joshua Bateman at his brother's house in Sun-street—it is a shoe warehouse—I called there to solicit an order from Mr. Bateman, and when I was there the prisoner came in, and I left to go to Worship-street—I am not sit down and drink ale, nor did Mr. Bateman—at one time when I found Mr. Samuel Bateman was not at home, I asked Joshua to go to public-house, and we took ale together—I very likely told Joshua Bateman that Turner had left me, but he must have known it before—I will not swer I did not tell him before—I showed him a statement that the prisoner furnished me with—he examined it, and remarked that by that account I was debtor to Turner 5l. 9s. 6d.—I said, "I know that, but he has charged me more than he has a right to do, and has stopped money to pay himself, and I think I can send him to Newgate for it"—I have called at Bateman's house several times since I was at Worship-street, to solicit orders, and because the prisoner had, on the 18th of May, entered some goods to Mr. Bateman, and on the 23rd he made them returned—knowing they had not come to account, I went and found he had got them away—the prisoner was bailed after I was at Worship-street—I did not state that I offered to settle with Turner for 25l., but that he was an obstinate fool—nothing of the kind passed to any body.
MR. CHAMBERS. Q. This is the account shown? A. Yes, but I dispute all these items—he left me on the Saturday, and he brought me this on the Thursday following—he has never returned me any account of Royston's payment—Mr. Bateman has been a customer of mine some time.
COURT. Q. Was the prisoner, in your judgment, capable of paying this money? A. I do not know—I have not preferred another bill against him—I showed the statement to Mr. Alderman Lainson.
to enter that on the 16th of April—he has not accounted to me for 2l. 15s. received from Mr. Royston.
COURT. Q. Has he ever handed any monies over to you, without specifying from whom he received them? A. No—when he brought any money he said who he received it of, and I entered it in the cash-book.
Cross-examined. Q. Does any body make entries but you and your father? A. The prisoner might have made an entry—I am eighteen years and a half old—I have kept the accounts for about two yean—I never made mistakes that I am aware of, nor omitted to enter a bill of exchange—there was a bill, the prisoner brought it, I laid it on one side in the counting-house, and he reminded me that I had not entered it—he did not make any use of it—I did not ask him about Mr. Royston's account.
JOHN ROYSTON . I am a leather-cutter. I bought a piece of lasting in April last—the prisoner sold it me for Mr. Brooke—I paid him 15s., the balance of the bill, on the 29th of May—this is the bill I received—he signed it in the name of Brooke.
COURT. Q. How came you to pay it? A. He called to know if there was any order, and I paid him.
WILLIAM GROVE . I am an officer of Worship-street. I went to take the prisoner on the Monday night, and did not succeed in getting into the house—I took him on the following morning—I asked for him—the land-lord said he was not there—I insisted upon going up, and found him in the bed-room, standing behind the door—he was dressed—I was at Worship street, in the yard—the prisoner asked for pen, ink, and paper—he wrote a letter to Mr. Brooke—I understood he wished to see Mr. Brooke—I did not see the answer to it—the prisoner was very anxious to come to an agreement with Mr. Brooke, and said Mr. Bateman would be his security—I said I could be no party to it, whether it was 50l. or 5l.—Mr. Brooke said five times five would not do.
COURT. Q. The Magistrate said he would allow the parties to settle it? A. Yes.
NOT GUILTY .
NOT GUILTY .
GUILTY . Aged 73.— Confined Twelve Months.
NOT GUILTY .
NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 47.— Confined One Year.
MR. PRENDERGAST. conducted the Prosecution.
WILLIAM HENRY WRIGHT . I am a partner in the firm of Messrs. Guy, Champion, and others, vinegar merchants, in the City-road. Caveley had been in our employ for five or six months—we keep a number of horses, and made a verbal contract with the prisoner Larman to supply us with ten bundles of tares every day, weighing 60lbs. per bundle—he was to be paid 9d. per bundle—I fancied that the quantity of tares delivered was less than it ought to be, and on the 31st of July I secreted myself in the loft with Gay, one of my foremen—I saw Larman come and deliver the tares—he only delivered eight bundles—Caveley was there, and took them in of him—he put some of them on the weighing machine, but it did not go down—(it was his duty to weigh them all)—when they were delivered the two prisoners went away together—after they were gone I and my foreman weighed the tares, and, instead of 600lbs. which they ought to have weighed, they only weighed 302lbs.—next morning I and my foreman secreted ourselves again—Larman came, and delivered eight bundles instead of ten, as he had done on the former morning—when the prisoners were gone I had the tares weighed, and they weighed 3321bs.—next morning I was not there; but on the morning after, which was Saturday, the 3rd of August, I was again concealed there—I had then spoken to two police-officers—there ought to have been twenty bundles delivered that day, weighing 1200lbs.—when the prisoners were gone I saw them weighed again, and there were only 624lbs.—Caveley had been present each morning, and had put some of the bundles on the machine—he knew what they should weigh—he did not make any remark that they were not right—on that Saturday morning I had directed Tennant to mark some money—I was present when the officer brought the prisoners back to the yard.
Cross-examined by MR. PHILLIPS. Q. Was Caveley present when yes made the contract with Larman? A. No—I cannot recollect whether I ever told him that Larman was to bring ten bundles daily, but I am pretty sure I did—I have asked him if the man had delivered the right quantity—I do not recollect that I ever told him Larman was to bring 600lbs.—I have been up there, and made him weigh them—I have asked him if he got the right number—I have said to him, "How many nave you had?" and he has said, "Ten"—I said, "Does each bundle weigh 60lbs., and do you weigh them every morning?" and he said, "Yes"—that was in the loft, on the Thursday previous to the 31st of July—Larman had been supplying our house for twenty-eight years—it is not the first time I found him out.
COURT. Q. How came you to deal with him after that? A. It was only on one occasion, and I looked over that.
RICHARD GARROD GAY . I am foreman to Champion and Co. On the 31st of July I and Mr. Wright concealed ourselves in the loft—I knew the quantity of tares that were to be delivered—I cannot say that Caveley was aware of the quantity—I heard Larman bring the cart, and saw eight bundles of tares come in—Caveley put on the weighing machine about four bundles, they were not weighed, but merely put on, and then taken off, opened, and thrown about the floor—he could see whether they were weight—it was a machine used for weighing grain or flour—the weights are always on the machine—I had orders for supplying the
weights for weighing the hay and straw, and I had the weights adjusted on purpose to do it—I believe it was Caveley's duty to weigh every thing—it was not my business—I saw the tares after they had been delirered, and they weighed 302lbs.—I put them tip in 60lbs. bundles, and there was a little bit over, which weighed 5lbs.—they had been untied and scattered about—we concealed ourselves again on the Thursday, and nearly the same took place—they weighed the next mornning 322lbs.—on the third morning they came up again, I was not in the loft, but on the tiles—they weighed that day 357lbs.—on the Saturday I was concealed with Mr. Wright—I saw them delivered, ami weighed them when the prisoners were brought back—they weighed 624lbs.—they ought to have weighed 1200lbs.
Cross-examined. Q. I suppose you told Caveley on that occasion you ought to have 1200lbs.? A. I did—I did not say so before the Magistrate—he never asked me that question—Caveley was atone—I can give no reason for his putting them on the machine—I should say Larman was about four yards distant from the machine—they are thrown up out of the cart into the loft.
MR. PRENDERGAST. Q. You remarked that they ought to have weighed 1200lbs.? A. Yes—I put them on the machine, and weighed them—Caveley sat down pretty near me—I asked him if he was satisfied with the weight on one occasion—he said one was not quite, weignt—Larman said it was not his fault, for he had put them up till Caveley said it was enough, and if it had not been enough ne would have given him more—Caveley said he did not know how it happened.
BENJAMIN PONSONBY TENNANT . I am clerk to the prosecutors. On that Saturday I received direction from Mr. Wright, in consequence of which I marked two sovereigns, three half-crowns, and two shillings—Larman came to me in the counting-house to be paid as usual—he said nothing to me—I said, "Well, Mr. Larman, have you delivered the right number of bundles?"—he answered in a direct way, that he had—I said, "Are they right?"—he hesitated, and at last answered, "Yes," but not with the same confidence in his tone—upon that I made out the bill for him, as I usually did, and paid him two sovereigns, three half-crowns, and two shillings, all marked—he had had one load of manure in the week, which was deducted from his money, and I paid him 2l. 9s. 6d.—I was there when the prisoners were brought back in custody—Brannan produced two of the marked half-crowns to me—I heard Larman say he had not given any money to Caveley.
JAMES BRANNAN .(police-sergeant G 20.) I apprehended Caveley—he had his hand in his right-hand jacket-pocket, and tried to put it'iqto his trowsers-pocket—I asked what he had got in his hand—he said, "money" I said, "Let me look" he refused—I took his hand by force, and found these two half-crowns in it—he said, "I suppose you think I got them from the old tare-man, but I did not, so help me G—d"—he then said, "Suppose I did, it was only 5s. that I lent him"—I had watched Larman from the time he left the yard till he went to the Greyhound public-house—Caveley was in there before him—the prisoners were discharged at that time—I afterwards took Caveley at his house on another charge—he said, "I am guilty of the tares, but nothing else"—I asked Larman if he had given Caveley any money—he said, no, he might have given him a pint of beer.
JOHN KERSHAW . I am a policeman. I watched, and saw the prisoners go into the Greyhound public-house—what Brannan has stated is correct—I told Larman he must go back with me for robbing the prosecutor of some tares he said they were all right.
(The prisoners received good characters.)
LARMAN GUILTY . Aged 66.
CAVELEY GUILTY . Aged 42.
Confined One Year in the Peniten tiary.
Before Mr. Recorder.
ALEXANDER KYNOCK . I am gardener to William Taylor Copeland, Esq., who lives at Layton, in Essex. On the morning of the 28th of June, between eight and nine o'clock, I missed some lead from the roof of the water-closet, and gave information—I saw some lead brought to my outer's house by Pritchard, and it fitted the place on the water-closet—this piece of flushing goes into the wall—(producing it)—they removed the brick work—I have no doubt this is the lead that was taken away.
BENJAMIN PRITCHARD . I am inspector of the horse-patrol. In consequence of information, I applied to William Williams, a marine-store dealer at Stratford—he came to my house on the 4th of July, and produced this lead, and gave me some information—I compared the lead with the vacancy on the water-closet, and it corresponded exactly—I have not the least doubt it came from that place.
DAVID ALLEN . I am a dealer in marine-stores. On the morning of the 4th of July, about eleven o'clock, I bought some lead on Woodford-bridge-road, of the prisoner—I sold that lead to Williams—I believe his to be the lead.
(The prisoner received a good character.)
GUILTY . Aged 55.— Confined Six Months.
(There was another indictment against the prisoner.)
GUILTY . Aged 18.— Confined Three Months.
Before Mr. Justice Williams.
MR. PHILLIPS.conducted the Prosecution.
—I saw the prisoner—he said, "I say, can you direct me the road to London?"—he got a shilling from me—I was in a very agitated state of mind at the time through fear—he succeeded in getting the shilling—a gentleman in a chaise came up soon after—the gentleman saw the state I was in, and took me into the chaise, and took me home to my father's house.
COURT. Q. Had you been sitting down on the side of the road? A. No, I had not, but when the chaise came up I was sitting down—the prisoner had thrown me down, and I was sitting there when the chaise came up—he was sitting down too—directly it came near, I said to the gentleman, "Oh save me, save me, save me!"—the reason I was so late out was, I had missed the Waltharastow stage, which I intended to come by from the Horns, in Shoreditch, and I came part of the way by an omnibus—I had 1s. 6d. in my hand to pay for the stage—I paid 6d. for the omnibus, and had the shilling in my hand—I am. twenty years old next October—when he first came to me, I said, "If you will let me go, I have a shitting in my hand, and I will give it to you"—he would not accept it at first, but as soon as he heard the chaise coming, he threatened if I made any alarm it should be worse for me, and he said, "Give me that shilling," and I gave it him through fear—he had hold of me at the time I gave it him, by the wrist of my right hand—the shilling was in my left hand—I told him I would not make any alarm if the chaise came up—I intended to do so, but I said so through fear, and he sat still till the chaise came up—I jumped up when the gentleman told me to get into the chaise, and then be demanded of the gentleman his address, and said he had no right to take me from him—the gentleman when he took me up asked me where I lived—I said, "Take me any where—I will go any where"—the prisoner followed the chaise a very short distance—the gentleman thought I was going to London, and took me on towards London, till I came a little to myself—I then told him where I lived, and he said he would take me where I lived—the gentleman was trying to turn the hone round to take me home, and directly the patrol came up—he asked if I should know the prisoner again—I said yes, and directly the chaise turned round I saw him, and said, "That is him, take him"—I should think he had followed us about a hundred yards, or rather more—he was about six yards from the chaise when the patrol took him—I had never seen him before in my life.
WILLIAM WHITTENBUBY . I am a flour factor. I have heard the prosecutrix's evidence—I came up in my gig to the spot where she was—it was between ten and half-past ten o'clock—it was a very bright moonlight night, and some short distance I saw them, as I supposed, sitting by the side of the road—when I came up to the spot, the young woman ran out to me in a very agitated manner, and said, "Save me, sir, pray save me"—the prisoner was near enough to hear her—I immediately stopped, got out of my gig, and inquired what was the matter—she said, "Pray take me from this man, for he is a villain or something"—I said, "If that is so then get into my chaise, and I will take you away from him"—she got in directly, and he came up to me and said I should not take her away—I said I was determined to do so if the girl wished to go—he said I should not unless I gave him my name and address, which I did—I drove on a short distance, and she made a complaint to me—the prisoner was not near enough to hear it—I took her to Walthamstow, and left her at her father's
house—she seemed almost overcome with fear when she got into the gig—she was in a state of great agitation and alarm.
MATTHEW ABBS . I am a policeman. I was on the road to Walthamstow, in the parish of Layton—I came up to the gig—the prisoner was walking towards London, and the gig going in the same direction—he was walking behind the gig, but doing nothing—when I came up to the gig it stopped, the gentleman got out, and the female was crying out—the prisoner was not near enough to hear what passed—in consequence of what was said, I turned round and took the prisoner into custody as soon as he came up—the female was close by, and said, "That is the man, take him, take him"—I took him into custody and asked him how he came to insult the young woman—he said he had not insulted any one—the young woman said he had attempted to rob her, in fact he had robbed her of a shilling—he said nothing to that—I took him to the cage at Woodford, and kept him in custody—the young woman was very much agitated at the time.
Prisoner's Defence. On the 24th of July I was called out of my bed at a quarter before six o'clock in the morning by a young man who once worked with me, and was going to leave town—I went to see him out of town, and got down to Woodford—we had been drinking freely on the road—my brother was with me—at just eight o'clock in the evening my brother said, "Richard, it is time to go home"—I, being tipsy, would not go, and be left me behind—I stopped there till ten o'clock, when I made the best of my way home towards London, where I live, but as to meeting the female, or insulting her, I am quite ignorant of any thing of the sort.
(The prisoner received a good character.)
GUILTY. Aged 81.—Of an Assault only— Confined Six Months.
Before Mr. Common Sergeant.
MR. PHILLIPS.conducted the Prosecution.
ALONZO MILLS . I live with my father at East Ham—I am ten years old. On Friday last I was in my father's field, watching it—my dog barked, I looked up, and saw the two prisoners, each carrying a sheaf of com under their arms from Mr. Perry's field, which is opposite my father's—I had known the prisoners before—they went into their own house—they live in one house—I did not see them take up the sheaves from the field—I saw them in a gap which goes into Mr. Perry's field—there is no other field with wheat in it for a quarter of a mile round—I gave information.
JOHN ELSTOR . I am a constable. I went, in consequence of information, in search of the prisoners—in Smith's apartment I found a quantity of straw with the ears cut off, and under the bed a quantity of wheat in sheaves—there was the remains of some straw in the oven—they said they were going to roast an apple in the oven—I know Mr. Perry's wheat—it is rough chaff wheat—I have compared what I found in the prisoners' house, with what was in the field—it is exactly the same sort.
COURT. Q. Was what you found at the prisoners' in sheaves? A. Yes—it was not gleaned corn.
RUFFETT— GUILTY . Aged 44.
SMITH— GUILTY . Aged 55.
Confined One Month.
Before Mr. Recorder.
2377. EMMA ARCHER was indicted for stealing, on the 28th of July, 1 pair of stays, value 3s. 6d.;20 yards of ribbon, value 4s.; 10 yards of straw-plait, value 1s.; and 1 handkerchief, value 6d.; the goods of Robert Baldry, her master; to which she pleaded
GUILTY. Aged 10.— Judgment respited.
before Mr. Sergeant A robin.
GUILTY . Aged 20.— Confined Six Months.
2379. MARY MOORE was indicted for stealing, on the 6th of August, 1 watch, value 15s.; 1 watch-guard, value 10s.; 1 seal, value 3s.; 1 watch-key, value 2s.; and part of a watch-key, value 6d.; the goods of Robert Cook.
ROBERT COOK . I am one of the Rifle Brigade quartered at Woolwich. On the 6th of August I left my watch hanging in my barrack-room, about three o'clock—I returned in three quarters of an hour, and it was gone—the prisoner is a soldier's daughter of our Brigade.
GUILTY . Aged 19.— Confined Six Months.
ELIZA COOPER . My husband is waiter at Nichotas Orchard's eating-house—he was ill, and I was attending for him on the 8th of July—the prisoner and an elder person came in together and asked for tea, which they had in the parlour, down stairs—after tea the prisoner asked me to allow him to go into the dining-room, to wait for another friend—the dining-room is up stairs—I allowed him to go—he sat down in the back-room—Heft the knives and forks safe in that room, in a knife-tray—I went there again in about a quarter of an hour or twenty minutes, and missed them—he had then left about five minutes—nobody could have token them besides him, as nobody could have gone up stairs without my seeing them, and nobody else went up—none of them have been found—the knife-tray was removed into the front-room when I went up—I had
seen him seat himself opposite the knife-tray, in the back-room—the prisoner returned to the house in about a quarter of an hour with another person—the person he said he was waiting for had come in before he returned, and ordered tea up in the dining-room—when the prisoner came back I told him the knives were there when he went up stairs—he appealed to the person with him, saying, "You know me many years; you know I am honest."
Cross-examined by MR. PAYNE. Q. Did not he deny taking them? A. He said he saw the knife-tray in the back-room—I do not recollect his denying taking them—I told Mrs. Orchard of it—I do not know what he said to her—I did not see him go out the first time.
JANE FIERN . I am cousin to Mrs. Orchard. I was sitting there at the time—I recollect the prisoner and an older man coming in—they went into the back-parlour—the prisoner afterwards went up stairs—the knives and forks were in the back-room which he went into—he was sitting on a chair in front of them, close to the tray—I was sitting in the bar, and saw the prisoner go out at the side-door, very slowly—I saw his back, and am certain of his person—he had come down stairs very softly—I did not hear his footsteps on the stairs.
Cross-examined. Q. Have you business to attend to there? A. A young lady attends to the bar—nobody passed in or out while the prisoner was there—I only saw the prisoner's back—I am certain he is the man—he might have had a bundle, and I not see it, as I only saw his back.
HENRY GUY . I am a policeman. I was on duty in London-street, and was called on to take the prisoner in charge for this—Mr. Orchard said he was the only person who had been in the room, and the knives were missing before any body else went into the room—he denied taking them—the third person who was in company with him, the prisoner said he had met coming home from Fairlop-fair, and he became acquainted with him in consequence of an accident which happened to a fly—I found a sovereign and 11s. on him.
NOT GUILTY .
WILLIAM BARWICK . I am an ironmonger. I have known the prisoner four years as a bricklayer—Mr. Warman is relieving officer of the Greenwich Union—on the 10th of July the prisoner came to me, and presented an order for a trowel and hammer, as from Mr. Warman—I asked him twice if it was a genuine order from Mr. Warman, he said it was—I gave him the hammer and trowel—this is the order—(looking at it—read)—"Mr. Barwick, Please to let the bearer have one trowel and one hammer. G. WARMAN."
GEORGE WARMAN . I am relieving officer of Greenwich Union. The prisoner's wife receives relief, and he occasionally has relief—I never sent him with this order, but about a year ago I took him to Mr. Barwick's house—this order is not my writing—I never authorized him to get the articles.
GUILTY . * Aged 40.— Transported for Seven Years.
(There was another indictment against the prisoner.)
Before Mr. Common Sergeant.
JAMES STEVENS . I live at Deptford, and am a brush-maker. On the 24th of July I had three brushes hanging at ray door, at a quarter before ten o'clock at night—they were missed five minutes before ten o'clock—these are them.
ALICE REDMAN . I live in Mill-lane, Deptford, and keep a lodging-house—on the evening of the 24th of July, the prisoner came and brought these three brushes, about ten o'clock at night—I lent him 6d. on them.
Prisoner's Defence. In crossing Union-street I picked up a parcel, and found in it these brushes.
GUILTY . Aged 17.— Confined Three Months.
2383. JOHN HARKER was indicted for stealing, on the 18th of May, 2 saucepans, value 4s. 6d.;1 saucepan lid, value 6d.;2 cans, value 6d.; 1 pattern, value 2d.; and 1 yard of calico, value 1d.; the goods of Ann Cook: and that he had been before convicted of felony.
ANN COOK . I am a widow, and live in Unity-place, Woolwich. On Saturday night, the 18th of May, at ten o'clock, I went to bed, leaving my saucepans and the other things out at my back door—I missed them the next morning at six o'clock—these are them.
Prisoner. Q. Do you swear they belong to you? A. Yes—one of the handles of one of the saucepans is loose, and there is a bit of rag in the bottom of one of them.
EDWARD PALMER . I am a horse patrol. On the 19th of May, about twelye o'clock at noon, I stopped the prisoner in the Dover-road, with these saucepans and other things in a bag—I asked what he had got—he said, "A bird's nest."
Prisoner. Q. Did I not tell you I found them under a bush? A. Yes.
DONALD STEWART .(police-constable R 35.) I took the prisoner—I said it was on a charge of felony—he said, "Is it for the saucepan? have you found an owner for them?"—(he had been discharged at first)—on the way to the station-house he said to a woman, "If I am committed for this, sell the donkey."
The Prisoner called
MARY OWEN . I am the prisoner's housekeeper. He was at home, and went to bed about ten o'clock on Saturday night, I think it was the 15th of May—I cannot say exactly, but it was the night these things were lost—he was in bed about ten o'clock, as near as I can say—we went out from home about eight o'clock the next morning.
GUILTY . Aged 60.— Confined Six Months.
2384. WILLIAM M'INTOSH was indicted for stealing, on the 30th of July, 2 caps, value 3s.; 1 collar, value 1s.; and 1 pair of gloves, value 6d.; the goods of William Walton: and 1 half-crown, 2 shillings, and 1 sixpence, the monies of Catherine Batchelor.
ELIZABETH WALTON . I am the wife of William Walton. On the 30th of July the prisoner came to our beer-shop at Woolwich—I saw him in the tap-room—I then went up stairs, and saw him coming out of my bed-room—I went in, and missed these articles—the prisoner went into the tap-room—I went to him, and took them from him—he was very drunk, and did not know what he was about.
NOT GUILTY .
MESSRS. BODKIN.and SHEE.conducted the Prosecution.
WILLIAM ATKINS . My uncle is a butcher, and lives at Deptford Bridge. On the 1st of July, between eight and nine o'clock in the evening, the prisoner came for a quarter of a pound of suet—he gave me a shilling—I gave him 10d. change, and put the shilling into the till—there was no other shilling there—I asked who the suet was for—he said, "For Page, a lodging-house keeper"—I do not know that person—he went away—in about five minutes my uncle looked into the till, and saw that the shilling was bad—I went out, and saw the prisoner returning from the end of Mill-lane—I told him he had given a bad shilling—he denied knowing the shop, or any thing about it—I marked the shilling, and gave it to the policeman—I think I had served him once before—I am sure he is the same boy—I took him about ten minutes after he passed it.
GEORGE WEBBERLET . I am Atkins's uncle. I was at work in the back yard on the 1st of July—there was a knock at the door, and Atkins answered it—in about five minutes I looked into the till, and saw a bad shilling in it, and no other shilling—I gave the shilling to Atkins—he went in search of the prisoner—he brought him back in five or ten minutes—I gave him in charge—the policeman has the shilling.
DONALD STEWART .(police-constable R 35.) I took the prisoner—he said he lived in Mill-lane, and worked for Mr. Pope, a coal-merchant—I inquired, and found it was false—he then said he was a shoemaker, but did not work at it, but went about the country selling matches—I found a half-crown on him.
SAMUEL WATTS . I am a constable, and keep a chandler's shop at Woolwich. On the 6th of July the prisoner came for two orangei—I asked him a penny a piece for them—he said he could only give three-halfpence—I said he should have them—he gave me a bad shilling—I told him it was bad, and asked him how many more he had—he said, "None"—I searched him, and found no more on him—there had been another person with him, but he went away, he did not come in—on the 8th of July the prisoner was in the watch-house—I heard him speak to some one outside—I asked him who it was—he said it was his partner, and that he had eighteen bad ones on him when he came to my house.
Prisoner. The man said he had eighteen bad ones on him when he gave me the shilling to get the two oranges.
GUILTY . Aged 14.— Confined One Year.
ANN WORTH . My father is a butcher, and lives at Greenwich. I was in his shop on the evening of the 13th of July—the prisoner came and asked for half a pound of steak—it came to 4d.—he paid me for it with a half-crown, which I gave to my father—he gave the prisoner change, and
he left the shop, but came back in about five minutes and asked the price of a sheep's heart—I said, "Threepence-halfpenny"—he said, "Will threepence do?"—I said he should have it—he gave me another half-crown—I said to my father, "Is not this a bad half-crown?"—he said, "Yea," and the prisoner was detained—he said he had never been in the shop before, but I am certain he is the same man—when he was in the shop first he appeared to have several half-crowns.
ROBERT WORTH . I am the witness's father. On the 13th of July she gave me a half-crown—I put it into a bowl, on the top of some other silver in my desk—that laid right on the top—I gave the prisoner the change—when he came back my daughter said, "This man has come again, and given me a bad half-crown"—I took it, and said, "This is bad, and perhaps the other is"—I went to my desk, and found it was—I am certain it was the same half-crown as I had put in, as no one had been in, and the desk was locked—I said, "You villain, to try to rob me of five shillings in five minutes"—he said, "If that is bad, the first is a mistake; I was not here before."
GUILTY . Aged 22.— Confined Six Months.
Before Mr. Sergeant Arabin.
HENRY MUMFORD . I am a sergeant of the Lewisham local police. On the 14th of August I was at Eltham races, about half-past six o'clock—I saw the two prisoners and another person hustling a gentleman, and one of the three took a handkerchief from his pocket—I could not tell which, as they were all three together—I took this handkerchief from Maloney, and Cox was close by him—the other person was taken, and summarily convicted for this offence—the gentleman said it was his handkerchief, but as it was a cotton one it was not worth his while to appear—I asked his name, but he would not tell me.
Cox's Defence. I did not take it.
COX— GUILTY . Aged 18.
MALONEY— GUILTY . Aged 16.
Confined Six Months.
GUILTY . Aged 24.— Confined Twelve Months.
Before Mr. Recorder.
GUILTY . Aged 18.— Confined One Month.
2390. JANE ROLFE was indicted for stealing, on the 30th of July 2 petticoats, value 3s.; 1 shift, value 1s. 6d.;2 sovereigns, 2 shillings, and 1 sixpence; the goods and monies of Joseph Langer; to which she pleaded
GUILTY . Aged 15.— Confined Three Months.
Before Mr. Sergeant Arabin.
JAMES BRIND . I am a patten-maker, and work for Mr. Dibb. in Union-street, four doors from the prosecutor's. On the 16th of July, about ten o'clock in the morning, I saw the prisoner in the act of coming out of the prosecutor's window with a coat in his hand—I never saw him before—I took hold of him, and took the coat from him—he said that I had put him in at the window, which is false.
Prisoner. I did not say he had put me in at the window—he says he found the coat in my hand, and he took it off the bed himself when he took me. Witness. I did not; I took it from him—there was another one with him at the time, but he went away as soon as the alarm was given by my brother, who saw him get in at the window.
JOSIAH BRIND . I work at the same shop as my brother. I was on the leads, and saw the prisoner open the prosecutor's parlour window, and get in—I called my brother—he did not hear at first—I called him again; and he went and took the prisoner just as he was coming out at the window with the coat.
Prisoner's Defence. As I was coming along, a man took off my cap, and threw it in the window—I knocked at the door—nobody answered, the window being open, I went in to get it, and as I was coming on again, the man collared me.
GUILTY. Aged 18.——Recommended to mercy. — Confined Three Months.
2392. MARY FITZGERALD and MARY COONEY were indicted for stealing, on the 6th of August, 1 pair of shoes, value Is.; and 1 handkerchief, value 2d.; the goods of Benjamin Mobbs; to which Fitzgerald pleaded
GUILTY . Aged 16.— Confined Three Months.
LUCY MOBBS . I am the wife of Benjamin Mobbs, and live at Battersea rise. About 11 o'clock on the 6th of August, one of my children had a shoe on, and the other he was playing with—I missed them both, and a pocket handkerchief off the table—I did not see the prisoner, but from what the child said, I sent the policeman in pursuit—he brought back the shoes and handkerchief—these are them—(looking at them)—our door is generally open—the child was in the house.
and handkerchief on Fitzgerald, but nothing on Cooney—I was present before the Magistrate when the prisoners made a statement, which was taken down and read over to them—I know the Magistrate's hand-writing—this is it—(reads)—"The prisoner Cooney, being duly cautioned, says, I picked up the shoes lying at the door, and the handkerchief which was lying there, and gave them to Fitzgerald"—the prisoner refused to sign this.
Cooney's Defence. I picked them up outside the door, and gave them to Fitzgerald.
COONEY— GUILTY . * Aged 19.— Transported for Seven Years.
JOHN WILLIAM ALLEN . I am a gun-maker, and lire at Lambeth. Wynn and Walker dealt with me—on Thursday, the 25th of July, the prisoner came to my shop—he was a stranger—he said he came from Mr. Wynn for three guns, and said, he and Mr. Wynn and Evans were going out for a day's shooting—I said, as he was a stranger I could not let him have them unless Mr. Wynn came himself, or he brought me a note from him—he brought me a note, in about an hour—I questioned him, and he told me he knew the parties—he said, Evans would come in the morning for his gun, and he would only take two—I gave him two—I met him again on the Monday evening accidentally—I said to him, "How could you serve me in this way?"—he took me by the arm, and said, "I will make it all right with you"—I took him round the corner, and gave him to a policeman—(looking at a note)—this is the order he brought me—(read)
"To Mr. Allen, Lambeth. The bearer of this note informs me you would like Mr. Evans to speak to you about the guns; and as I cannot see him to-day, I have written this to say I will be answerable for them, &c. &c. If you will lend us one powder-flask I shall be obliged. I will bring them home on Saturday. F. WYNN."
Cross-examined by MR. PHILLIPS. Q. Have you known Wynn long? A. Not above twelve months—he is in the habit of getting guns from me—I have never seen him write.
CHARLES THRESHER . I am a policeman. The prosecutor gave the prisoner into my custody—he said, "Let me go to my mother, and she will make it all right"—I said, I must take him to the station-house—he then endeavoured to go away—when I got him to the station-house he said he had lent the guns to somebody—on the way to Union Hall he said, what a fool the prosecutor must be to let him have the guns—he said he had written the note, but Wynn had given him leave to do so, but that he was so agitated any body could have observed it.
FRANCIS WYNN . I have been acquainted with the prisoner about twelve months—I believe he is a bookbinder—I never sent him for any guns—this note is not ray writing—I did not authorise him to write it in any respect.
Cross-examined. Q. What are you? A. A glass-stainer—I like shooting very well—I have had guns from Allen—I sometimes go to the Surrey theatre—I have gone with the prisoner—I am quite sure I did not send him to pawn the guns—I did not go to the Surrey theatre with him after the guns were got—the last time we went was about six weeks ago—he did
not pay for me—he was my companion till about six weeks ago—when I heard such a bad character of him I discarded him—I do not frequent penny theatres—I live in Fugent's-row, Palmer's-village—I was never taken up on any charge.
Cross-examined. Q. Did you see Wynn? A. No.
(MR. PHILLIPS, on the prisoner's behalf stated his defence to be that Wynn had sent him for the guns, and afterwards sent him to pledge them is raise money to go to the Surrey Theatre.)
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Two Years.
Before Mr. Justice Williams.
2394. JAMES LONG was indicted for feloniously assaulting James Jennings, on the 29th of July, at St. Olave, Southward, and cutting and wounding him upon the chin and left side of the face and nose, with intent to maim and disable him.—2d COUNT, stating his intent to be to do him some grievous bodily harm.—3d COUNT, with intent to resist his lawful apprehension and detainer.
MR. PAYNE.conducted the Prosecution.
MARGARET NEYLAN . I live in Unicorn-yard, Tooley-street. The prisoner lived with me for seven years, off and on—he lived with me when he was sent to prison in July, 1838, for assaulting me and Kinsey, the officer—he came out of prison on the 5th of July last, and came to my house that night—I had a constable taking care of my house at the time, as I was away—on the 29th I was at my front-door, near upon two o'clock is the morning—I did not see the prisoner myself—he was in the next house—he got on the wash-house, and came over from the next house—when I went in doors I found him sitting down on a chair near the door—I said nothing to him, but he called me abusive names, caught hold of me by the throst, and tried to strangle me—he made a mark on my throat with holding it, and he struck me violently and knocked me down—I have marks of his violence now on my face and neck—I called out, "Murder" and "Police"—my son opened the door—he is nine years old—Jennings, the policeman, came in and caught hold of the prisoner—he got him away, and I got up stairs—I heard a great scuffle between them down stairs after I got up—I came down directly and s'aw them outside, both lying down in the kennel struggling together—I saw Mrs. Morgan pick up this knife about the spot where they were on the ground—I had seen it in the prisoner's possession before, and know it is his knife—Jennings's face was covered with blood.
Prisoner. She was beastly in liquor that night—she could not stand for liquor—Jennings was off his duty an hour and a half with her. Witness. I was not intoxicated—I had not been out! drinking with Jennings.
JAMES JENNINGS .(police-constable M 59.) About two o'clock in the morning of the 30th of July, I was coming up Vine-yard, Tooley-street, and heard the cry of "Murder" and "Police"—I went into Unicorn-yard, where the cry came from—I heard screams inside the house, No. 1, and knocked at the door—it was not opened directly—I said if it was not opened I should break it open, and in half a second a little boy opened it—I went in and saw the prosecutrix on her back, and the prisoner with his left hand on her throat—he had something in his right hand, what it was I could not tell—I told him that would not do for me—knowing him well, I
said, "I shall take you out of this;" and took him out of the house—he said, "I want my pipe, I shall go in"—I said, "You shall not go in again"—he said, "I will let you know," (with a very heavy oath)—"that I will go in"—I said, "Bill, you shall not go in"—he said, "Then, bl—y Itty, by G—you shall have a bit of this, before you shall take me" which was a knife he had in his right hand—we then scuffled together—I threw him, and I was upwards—while he was on the ground he drew the knife right across my face, which you can see the scars of—he stabbed or cut roe right through the nose, and cut me from the ear right to the nose—there are four distinct marks in my face from the ear to my throat—it was intended as one cut, but the hair of my whisker checked it, and it made four marks, and afterwards he cut me right through the nostril—I sprang my rattle two or three times—Murray came up to my assistance while I was holding him—the prisoner knew I was an officer—I had not drank with the woman at all that night—the prisoner had come out of prison on the 6th of July.
Prisoner. Q. On that night did not you see me and Margaret come out of a public-house? A. No, I do not think I saw herat all that night—you did not say to her, "Are you coming home?"—nor did she say, "I shall not come home with you"—it is not true—I do not recollect seeing her that night at all, till I heard the screams.
Prisoner. I came home with my cousin and stopped an hour and a half—a girl told me she was along with Jennings, who was off his beat—I could not find him—she was always with him—I went after her, but could sot see her—when she came home I said, "You have been with Jennings?"—she said, "I have not"—I said, "You had better go to bed"—I went out for an hour, and when I came in again she began to abuse me and bit my finger—I then threw her down to get away—I opened the door to Jennings myself—the boy never opened it—he came in and said, "What is all this about?"—I said, "It is not my fault, she has called murder for no reason"—Jennings was in liquor at the time—he has always been in the house with her when I came home at night—she keeps a common brothel—she was in prison for seven days at the time I came out of prison. Witness. It was the boy opened the door, and the prisoner was holding her down in the passage with his hand on her throat—I was not in liquor—I have been in the police three years and a half—I have never been charged with being drank—the prisoner was tried at the Town Hall before—I believe he has not been out of prison above five or six months during the last six years.
DONALD MURRAY .(police-constable M 119.) I heard the rattle spring on the night in question—I went to Unicorn-yard, and saw the prisoner and Jennings struggling together—I observed Jennings's face all over blood, and cuts on it—I took the prisoner away from him, and brought him to the station-house—he said he had been sent twelve months to Brixton for nothing, and he hoped he had done something now worthy of punishment, and if I had not come up, he would have done for Jennings.
Prisoner. Q. Did not you tell me you saw no knife in my hand? A. I did not see any knife in his hand, because he was lying under Jennings, so that I could not.
MARY MORGAN . I am the wife of Thomas Morgan, and live in Unicorn-square. I picked up a knife close to where the prisoner and Jennings were struggling together—I saw them struggling—the knife was open—I gave it to sergeant Rowe.
JOHN STADDEN . I am a surgeon, and live in Union-street. I examined Jennings on the morning of the 3rd of July—I found a cut on the left side of his nose, perforating the nostril—a wound under the upper lip, another on the left side of the mouth, and one by the left ear—they were such wounds as this knife might have produced—it appeared to me that the knife had glanced off by the whisker or bone, but I think there had been more than one cut—the knife appeared to have struck against the angle of the lower jaw, and in the struggle, a man lowering his head might have prevented its going lower.
Prisoner. Q. Was not my head cut? A. I did not see him till he was at the office—he had some dressing on his head as if he had been injured.
Prisoner's Defence. On this night Jennings came to the door and knocked—I opened it—Margaret was up stairs—I let him in—he said, "What are you about?"—I said, "Nothing at all, she is drunk, but you have been with her, and are drunk too"—he said, "I am b—d if I will have your nonsense, you come out"—he took out his staff, dragged me out, knocked me down with his staff into the kennel, and fell on the top of me—I had no knife in my possession—the policeman said he saw two or three women over us with a knife in their hands, and now he denies it—I had no knife—I was knocked down senseless, and I used no knife.
GUILTY . Aged 33.— Transported for Fifteen Years.
Before Mr. Common Sergeant.
RICHARD BURT . I live in Webb's County-terrace. On the 12th of July, about nine o'clock in the morning, I was in the Wellington public-house, York-street, London-road—I had left my coat at the bar the night before, and the servant gave it me that morning over the bar—I laid it down in the tap-room, and went to sleep, with my head on the table—the prisoner and another woman were with me—when I awoke both the women were gone, and my coat also—this is it.
LUCY BAKER . I handed the prosecutor his coat that morning—he took it into the tap-room, and after that I saw the prisoner, and another woman sitting beside him—I saw the prisoner go out with something in her apron.
Prisoner's Defence. The prosecutor asked me to go into the house—I left him and the other woman there—I did not go to the pawnbroker's.
GUILTY .— Confined Three Months.
Cross-examined by MR. PHILLIPS. Q. Do you know the prisoner? A. No.
JAMES BROOK . I took the prisoner on the 27th of July, from his work—I asked what he had done with the witch he wore in the morning—he said he had none, but J had seen him with one, and I told him so—he then said it belonged to a man, and he had returned it to him—I went to his employers in the Strand, and found it.
NOT GUILTY .
2398. THOMAS JONES and GEORGE WILLIAM STEWART were indicted for stealing, on the 11th of August, at St. Mary, Newington, 1 coat, value 2l. 10s.; 1 seal, value 10s.; 1 watch-guard, value 6d.;1 tippet, value 1l. 10s.; 1 waistcoat, value 10s.; 1 spoon, value 2s.; 3 half-crowns, 25 shillings, 4 sixpences, and 1 groat; the goods and monies of Joseph Gain, in his dwelling-house.
JOSEPH GAIN . I am a butcher, and live in High-street, in the parish of St. Mary, Newington. I left home on Sunday morning, the 11th of August, about twenty minutes to twelve o'clock—the bed-room door and the street door were locked safe—I was sent for about ten o'clock at night—I had left no one in the house—I found the police in the house—the things were disturbed—my coat, watch, and other things were removed from where I had left them, but not taken away—the watch I had left on the glass-stand, and the coat in the drawer in the room that was locked—the waistcoat and tippet were in the same drawer—the copper was on the cupboard in the lower room—there was some silver left in the bowl, and it was all gone—I know there were some half-crowns—I do not know how many.
Cross-examined by MR. CLARKSON. Q. Is Joseph your only name? A. Yes—me and my wife are the sole occupants of this house—I did not lose any thing out of the house, but these things had been removed from where they were.
SARAH MARGARET EAST . I am servant to Mr. Honor, of High-street, Newington—my master's house is opposite Mr. Grain's. About six o'clock on Sunday evening, the 11th of August, I saw the prisoner Stewart put a key to the prosecutor's door—he could not get it open—he went as far as the church, returned, put the key in again, and could not open it—I went down to my tea, and returned about eight o'clock, and saw the two prisoners again—I had'seen them together before, walking arm-in-arm—Stewart tried three times, and could not get in—my fellow-servant spoke to me—she went down, and told the policeman—I went up again, and saw some hand at the top room window lift the blind, and in a short time I saw a hand lift the blind of the second pair—my fellow-servant said, "There is the policeman at the back," and in a short time the policeman was in the front—I am sure the prisoners are the same men—I did not see either of their faces in the house.
Cross-examined. Q. The person who was trying the door had his back
to you? A. Yes—I saw him side-faced—I saw their faces repeatedly as they walked up and down—I looked at them.
WILLIAM HENNINGSHUE .(police-constable L 175.) In consequence of information I attended at the prosecutor's house—I left my brother officer at the back door—I watched at the front about twenty minutes, when the two prisoners unbolted the door, and let themselves out both together—they said all was right—I said, no it was not right—I said, "Clarke, you take that one, and I will take this"—I called Fisher from the churchyard—I went, and found the bed turned upside down, and a great-coat down in the shop—Fisher found 1l. 14s. 101/4d. in a recess on the stairs, and the were all about.
WILLIAM HENRY FISHER .(police-constable L 73.) I was at the back, and saw a glimmering light going up stairs—it attracted my attention—I had not been there above two minutes when Stewart came to the window, and lifted it up—I stood right opposite—he saw me—I stood about five minutes—the prisoners both came and looked again—they both saw me—I then heard a voice call me to the front—I went, and took one of them—I went into the house, and found these picklock keys, and a crow-bar, and a dark lan thorn in different places—the bed was turned up, and every thing in a disturbed state all over the place—the drawer was open, and the things all about.
JONES*— GUILTY . Aged 24.
STEWART*— GUILTY . Aged 27.
Transported for Ten Years.
ADJOURNED TO MONDAY, SEPTEMBER, 16, 1839.