CENTRAL CRIMINAL COURT.
ELEVENTH SESSION, HELD SEPTEMBER 16, 1839.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, September 16th, 1839, and following Days.
Before the Right Honourable SAMUEL WILSON , LORD MAYOR of the City of London; Sir John Vaughan, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Thomas Coltman, Knt., one other of the Justices of Her Majesty's Court of Common Pleas; William Venables, Esq.; 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.; John Pirie Esq.; John Lainson, Esq.; and Michael Gibbs, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
WILSON, MAYOR. ELEVENTH SESSION.
A star (*) denotes that prisoners have 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, September 16th, 1839.
First Jury, before Mr. Recorder.
NOT GUILTY .
GUILTY .— To enter into his own recognizance to appear to receive judgment.
2401. JOSEPH DAVIS was indicted for stealing, on the 12th of February, 1 plane, value 3s. 6d.; 1 rasp, value 6d.; 1 hammer, value 6d.; and 1 pair of compasses, value 6d.; the goods of John Bosbury, his master.
JOHN BOSBURY . I live in White Lion-street, Chelsea. On the 14th of February I missed these tools from my shop where the prisoner had been at work, and had used them—I charged him with taking them, and called my boy to stop with him, while I went to the marine-store shop to see for them, but I could not find them—when I came out of the marine store shop, my boy came up and said he had left—I went to his lodging, but I could not find any thing there—his landlord accused him of robbing his lodging—he was taken, and four duplicates were found on him, to of them relating too of my things.
FRANCIS BOSBURY . My father left me to watch the prisoner in the shop, and while I went into the yard to turn the water off he went out—I followed him to a marine store shop in the New-road—he pulled out a rasp, and offered it for sale—I showed myself, and he gave me this file.
EDWIN SOAMES . I am a pawnbroker, and live in Paradise-row, Chelsea. I have a hammer and compasses, pawned on the 7th of February, and a plane on the 12th, by the prisoner—these are the duplicates I gave for them.
14th of February last—(The prisoner had been under a sentence of imprisonment for six months for another charge, which prevented his being tried before)—he denied it at first, and afterwards acknowledged it.
(Property produced and sworn to.)
GUILTY . Aged 49.— Confined Three Months.
2402. WILLIAM GARDNER 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.; and 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 certain barge upon the navigable river Thames.
JOHN HANSLOW (police-constable T 172.) On the morning of the 22nd of May I was on duty at Old Brentford, and saw the prisoner near Drum-lane, with a sack containing some of the property stated—before I opened it, I asked what he had got in it—he said his bedding—I asked where he came from—he said, "From Mr. Eaton's barge, lying at the Ferry at Old Brentford"—a man named Moles was in his company—he had a bed, a rug, two blinds, a pillow, and a great-coat—they were allowed to go at the time owing to the account they gave—on the following day the prosecutor came to the station-house—I afterwards found the same property in the house of a person named Weedon, in the Back-lane, Old Brentford—the prisoner was not there—I apprehended him in a barge at Battersea, I think on the 16th of August—I have the things here—I am sure they are the same they had by the marks.
Cross-examined by MR. BALLANTINE. Q. What time in the morning was this? A. The clock had just struck one—Moles was carrying a bundle—both of them said they had their bedding—Moles said it was his bedding—he was tried last sessions, the property being found at the house which he resorted to—the prisoner and he were always together, and they were always resorting to the house where the property was found—I have seen the prisoner go down to the house—I have not seen him in the house—I have seen him and Moles going in that direction.
THOMAS DARE . I am a bargeman, and live at Godalming. I do not know the prisoner—he was not employed on any barge of ours—I know this property—these blankets, the two beds, and the rug, are Mr. George Marshall's—one pillow and pillow-case belong to me, and the trowsers and coat are Charles Downes's—they were all on board the barge on the Thames at Brentford when I left her on the 21st of May—I missed them on the 22nd.
Cross-examined. Q. Do you know Moles? A. No—I have made no inquiry about him.
GUILTY . * Aged 19. Transported for Ten Years.
2403. JOSEPH BOWLING was indicted for stealing, on the 12th of July, 1 coat, value 5s.; and 1 waistcoat, value 2s. 6d.; the goods of William Ibbott; and that he had been previously convicted of felony.
the 12th of July I saw the prisoner at Mr. Ibbott's, No. 13.—the window was open a little way, and I saw him take out a coat and waistcoat through the window—the waistcoat lodged on the window-sill, but he ran away with the coat, leaving the waistcoat—I opened my window, and called, "Stop thief,"—he dropped the coat, and ran away.
Prisoner. She said I opened the window. Witness. No, I did not—I was particularly asked that, and I said I could not say that he opened the window—I saw a person pick the coat up.
WILLIAM IBBOTT . I live in Bloomsbury-street. This coat and waist-coat are mine—they were in my parlour on the morning of the 12th of July, near the window—I was not at home at the time they were taken.
Prisoner. I had nowhere to go—I did it from distress.
GUILTY . Aged 21.— Transported for Seven Years.
2404. ELIZABETH TYTLER was indicted for stealing, on the 16th of August, 1 set of bed curtains, value 12s.; 1 bolster, value 4s.; 2 pillows, value 5s.; 1 blanket, value 2s.; 1 coverlid, value 1s.; 1 sheet, value 2s.; and 1 candlestick, value 9d.; the goods of William Ives; to which she pleaded
GUILTY . Aged 34.— Confined Three Months.
2405. WILLIAM MILES was indicted for stealing, on the 30th of August, 1 pair of trowsers, value 7s.;) and 1 handkerchief, value 6d.; the goods of Martin Morris, from a vessel in a port of entry and discharge.
MARTIN MORRIS . I am master of the brig Ann Mackenzie, which was in the London Docks—that is a part of the port of London—the prisoner still on board as cook and steward. In consequence of something that happened to me, I dismissed him, and went on shore—on my return he was still on board, and intoxicated—I observed this handkerchief in his breast after the officer was called to search him—a pair of my pantaloons were found on him at the station-house under another pair—he made great resistance—after the dock officer came to take him, it took ten men to hold him down—I had worn the trowsers six days before, and used the handkerchief about a week before, and had kept it at my bed's head—I paid off the other men on the Monday before, but not the prisoner—he had three pairs of trowsers on—my pair were the middle ones—I did not allow him to wear my clothes.
Prisoner's Defence. I went on shore the night before to carry his clothes to wash—I staid on shore that night, and in the morning I went on board—I had one pair of trowsers on, and I said to a man on board, "I will go and put on another pair"—I went down, and this pair of the captain's laid by the deck—I took and put them on—I then took
an old pair, and slipped on, as a kind of apron—I had drank rather too much—a man asked me what I had in my bosom—I said, "A handkerchief"—he took it out, and the captain said it was his—I said, "Yes, I know it is"—he then said, "He has got a pair of my trowsers"—I said "Yes, but I did not mean to steal them"—all my things were on board, and are there now.
GUILTY . Aged 36.— Confined Three Months.
RICHARD CODNER . I live at Torquay, in Devonshire, and in London at Maze Pond. On Wednesday evening, the 28th of August, I was in Skinner-street, Snow-hill—my attention was called to my pocket—I found my handkerchief was gone, and I found it under the officer's feet—this is it—I was not conscious of its being taken—it had been in my pocket just before.
LUKE REANEY . I am an officer. I was in Skinner-street on the 28th of August, about twenty minutes past six o'clock—I saw the prisoner following the prosecutor, lift up his coat pocket, take his handkerchief, and put it into his left hand trowsers pocket—I collared him—he dropped it—I never lost sight of it till I set my foot on it.
Prisoner. He said he saw me take it out, and put it into my pocket—there were two young men before me, I looked down, and there was the handkerchief at my feet. Witness. I never said so.
(The witness's deposition being read, agreed with his evidence.)
Prisoner. It was not me that stole it—he said, "I have been looking after you all day"—he and another man were quarrelling who should take me. Witness. I did not—I had no quarrel about who should take him—there was another constable with me—there were five more in company with the prisoner, but they all got away in consequence of a wagon passing—I am positive the prisoner is the man who took the handkerchief,
GUILTY . * Aged 21.— Transported for Ten Years.
JAMES DAWSON . I belong to the printing-office of Balne, brothers, Gracechurch-street. I was in Smithfield on the afternoon of the 4th of September—I was passing through from my dinner—I saw the prisoner and three other young men, and the prosecutrix—the other three came close to the prosecutrix, and seemed to take particular notice of her—when she stood still they all closed round her—the prisoner was on the right side of her, and in less than a minute I saw him draw his hand from her right pocket, and he went away with the others towards the pens—I saw the prisoner hold up his hand as if showing something to the others—I told a policeman—he went after him, but the prisoner had gone away—I told another policeman, and he took the prisoner—I then returned, found the prosecutrix on the spot—I told her—she put her hand into her pocket, and missed the purse.
Cross-examined by MR. PAYNE. Q. Were there many people about?
A. Yes, but no others near to them, nor within about a yard and a half—no persons were between the prisoner and me—I was not certain what he was at, till I saw him draw his hand from her pocket—I did not seize him, because I thought it better to tell the policeman first—the woman was leaning on a rail, looking at the side end of a show—I was not looking at a show—neither the purse nor money was found—I think the prisoner was in West-street, when he was taken, about a hundred yards from where the woman had been standing.
AMY WELLS . I am the wife of John Wells, who is a watch and clock-maker, and lives in Percival-street, Clerkenwell. Dawson came and said I had had my pocket picked—I missed a bead purse with a brass snap, containing one sovereign, which was my husband's money—I had it safe when I left home—I went straight to the fair—there was a hole in the bottom of the purse, and I had rolled it up, and pinned it, and put it in my right pocket.
Cross-examined. Q. How long before did you know you had it? A. Between a quarter and half an hour.
WILLIAM WILLIAMS (City police-constable, No. 174.) My attention was called to the prisoner by Dawson—he was going from three other persons—I took him, and found 4s. 1d. on him, but no purse or sovereign.
Cross-examined. Q. Where did you take him? A. In the street that leads from St. John-street to the fair the woman followed me—shortly after the place was pointed out to me where the show was—I took the prisoner about eighty yards from the spot—I searched the pens for the purse, and could not find it.
GUILTY . * Aged 16.— Transported for Ten Years.
OLD COURT.—Tuesday, September 17th, 1839.
Second Jury, before Mr. Recorder.
NOT GUILTY .
2409. HENRY SMITH, alias Goddard, was indicted for stealing, on the 30th of August, 7lbs. 8oz. weight of brass, value 4s.; and 5lbs. 6oz. weight of copper, value 4s.; the goods of John Payne his master.
JOHN PAYNE . I am a brass-founder, and live in Shoe-lane—the prisoner was in my employ. In consequence of suspicion, on the 30th of August, I sent for an officer, and as the prisoner was coming out to go home in the evening, he was searched, and an ingot of brass and some copper found on him, which he had had out of the warehouse that day to melt in the foundry—this is it.
Cross-examined by MR. JONES. Q. What time of the evening was this? A. About half-past eight o'clock—it was the usual time of leaving off—he was searched in the front shop—the furnace where the brass and copper are melted is about thirty yards from the warehouse—the men are not allowed to carry things backwards and forwards in their pockets—the prisoner had been with me about twelve weeks—I did not receive a character with him, but he was recommended by some of my men—he seemed agitated, but I do not think he was the worse for liquor at the time—I do not make my men responsible for the metal given out to, them; if one man does not use it another will.
WILLIAM SMITH . I am in the prosecutor's employ. About four or five o'clock, on the afternoon of the 30th of August, I saw a bit of copper lying near the prisoner's jacket, which was not its proper place—I inmetal, formed my employer's son—in the evening I saw the prisoner with some and instead of putting it into the furnace, he put it down by the side of the rumble, and from there he shifted it to where I found the other bit.
Cross-examined. Q. Is there not at times copper lying about the foundry? A. Not where I found this—it had no business there—it was concealed—he was at work four or five yards from it—others could bare seen it besides me if they had gone there.
Cross-examined. Q. Was he the worse for liquor? A. I cannot say that he was.
(The prisoner received a good character.)
GUILTY. Aged 27.—Recommended to mercy. — Confined Three Months.
JOHN ADAMS . I live in Half Moon-street, City. The prisoner lodged in the same room with me for some time—he left without notice—I missed two shirts and a black silk neck-handkerchief—they were marked.
HENRY WILSON (City police-constable, No. 34.) In consequence of information I received, I went to a house, No. 13, Skinner-street, Bishops-gate-street—I there found the prisoner in bed, and took him into custody—I found some articles in the same room, which are claimed by the prosecutor.
(Property produced and sworn to.)
GUILTY . * Aged 31.— Transported for Seven Years.
JAMES CATCHPOOL . I am a printer, and live at No. 120, Houndsditch. On the evening of the 6th of September I was walking in Smithfield—I felt a pull at my pocket, and saw the prisoner close behind me—I missed my handkerchief, and charged the prisoner with taking it—the person who was with me called an officer, who took hold of his arm, unbuttoned his coat, and my handkerchief fell from between his coat and waistcoat.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy. — Confined Three Months.
NEW COURT.—Tuesday, September 17th, 1839.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 17.— Transported for Seven Years.
GUILTY . Aged 14.— Transported for Seven Years-Convict Ship.
2414. PETER WILSON was indicted for stealing, on the 3rd of April basket, value 9s. and 12 bottles, value 3s.; the goods of Richard Botheroyd Kay; and that he had been before convicted of felony: to which he pleaded
GUILTY . Aged 43.— Transported for Seven Years.
GUILTY . Aged 36.— Confined Three Months.
FRANCIS JOSEPH HUMBERT . I live in Oxford-street. On Wednesday, the 21st of August, I was at Pinner races, near Harrow—I had a pocket-handkerchief in my left coat-pocket—I took my stand opposite the wining-post—as the horses came in, there was a general rush—I felt a tug, and on looking round, the officer had the prisoner Dunderdale in custody—I found my handkerchief was gone out of my pocket—I have not seen it since.
JOHN LARKIN . I am an officer. I was near to the winning-post—I saw Dunderdale lean on the gentleman's back, and the other prisoner close against him—I saw Dunderdale lift the gentleman's coat, take the handkerchief out, and pass it to Warrington—I took Dunderdale, and tried to take Warrington, but he got into the crowd and got away.
Cross-examined by MR. DOANE. Q. Have you not given an account of this before? A. Yet—It was not that after I had laid hold of Dunderdale. I saw him pass the handkerchief; if I have sworn otherwise, I have-sworn falsely—this is my signature—(looking at his deposition)—this was-read over to me—(read)—"I saw Dunderdale lean up against the prosecutor, lift up the flap of his coat, and take out a handkerchief, upon which I laid hold of him, he instantly passed the handkerchief to Warrington, who ran away."—I did not tell Atkins it was a man named Painter to some the handkerchief was passed-Painter was taken by Atkins—I had some conversation with Atkins—I do not know if it was in consequence of that he took Painter—I have not found the handkerchief.
Dunderdale. Q. What was the reason yon put your hand into my Pocket, and said, "Give me that handkerchief?" A. I said no such thing.
Dunderdale's Defence. When he took me, he said, "What did you take from that gentleman's pocket?" and he asked the gentleman if he lost any thing, he said, yes, his handkerchief—he said, "This chap
here has got it"—he felt my pockets, and took me—then they went and searched Painter.
ATKINS. I am an officer. I searched Painter, not in consequence of what Larkin told me, but in consequence of Warrington going towards Painter.
DUNDERDALE— GUILTY . *** Aged 17.— Transported for Ten Years.
WARRINGTON— NOT GUILTY .
WILLIAM DUNCOMB ATTWOOD . I live at Muswell-hill, Hornsey. On the 29th of August I was in Barbican, about five o'clock in the afternoon,—I had my pocket picked of my handkerchief, which I had seen safe about an hour before—this is it—there are no marks on it.
WILLIAM MANWARING LOVETT . I was in Barbican, and saw the prisoner draw the handkerchief from Mr. Attwood's pocket—he ran away—Mr. Attwood ran after him, and caught him in a public-house—the office came and took him—I am sure he is the man.
GUILTY *. Aged 20.— Transported for Ten Years.
2418. JOSEPH WILDS was indicted for stealing, on the 13th of august, 1 bridle, value 3s.; 1 pair of hames, value 3s.; 1 pair of traces, value 2s.; 1 pair of reins, value 2s.; 1 saddle, value 14.s.; 1 belly-bad, value 2s.; and 1 breeching, value 3s.; the goods of James Burchall.
JAMES BURCHALL . I am a cab owner, and live in Asylum-buildings, Westminster-road. I missed the articles stated in the indictment on Friday night the 30th of August—these are mine—(examining them—they had been put into my stable—I saw the prisoner twice in front of my place, and on the Thursday morning previous to the robbery, I saw him in front of my place—I do not keep my harness in a bag.
Prisoner's Defence. I was in the Westminster-road, and this laid in a bag—I was going to bring it down to Smithfield to show it to a master I my had been working for.
GUILTY . Aged 19.— Confined Three Months.
MR. BODKIN conducted the Prosecution.
THOMAS WARTON . I am a book-keeper, in the service of John Mare, a Scotch warehouseman, in Friday-street, under the firm of John Mare and Co., but there are no partners. The prisoner has been in his service two years—he received money on his account—on the 20th of August I desired him to go to Mr. Smith to receive 23l.—he went, and brought back word that Mr. Smith would pay next week.
WILLIAM SMITH . I am a linen-draper, in Shaftesbury-place, Pimlico; I am a customer of Mare and Co. On the 20th of August the prisoner called, and I paid him 23l. on their account, taking off 3s. 10d. for damage—he made an entry of the receipt of it in my book.
JOHN MAIR GRANGER . I am in the service of Mr. Mare. On Thursday, the 22nd of August, I was desired by Mr. Warton to go to Mr. Smith—the prisoner did not know I was going, but it was understood, as we go every Thursday—when I was going out the prisoner gave me two £5 notes, stating they were sent by Smith, of Pimlico, the previous evening—this bad the effect of preventing my calling on Smith.
Prisoner's Defence. I was in their employ twenty-one months—I had but 10l. a year, and was expected to look respectable, and could not do it—I wanted to see my friends in the country, and that expended the money—I was 13l. short, and wanted my friends to make it up.
GUILTY. Aged 17.—Recommended to mercy by the Prosecutor.
Confined Six Months.
OLD COURT.—Wednesday, Sept. 18th, 1839.
Third Jury, before Mr. Justice Vavghan.
2420. MARIA FAULKNER was indicted for stealing a gold watch and chain, value 15l., the goods of Elizabeth Davis; and 1 gold watch and chain, value 18l., the goods of Charles Bennett; in the dwelling-house of Charles Bradgate; to which she pleaded
GUILTY . Aged 26.— Confined One Year.
2421. JOHN ALFRED GABELL was indicted for stealing a crownpiece oat of a letter, he being employed by and under the General PostOffice; also for stealing a letter containing a half-sovereign; to both of which he pleaded
GUILTY . Aged 28.— Transported for Ten Years.
Thomas Thomas, Robert-street, Hoxton; Thomas Tuffield, Hoxton Town; Thomas Glasscock, Hartland-road, Kingsland; and James Broom, Essex-street, Hoxton, deposed to the prisoner's good character.)
Before Mr. Justice Coltman.
THE HON. MR. SCARLETT and MR. BODKIN conducted the Prosecution.
CALEB EDWARD POWELL . I am Assistant Solicitor to the Mint. I produce a copy of the record of the conviction of Phoebe Anderson, for uttering counterfeit silver, at this place, in November Session, 1838—this I have examined with the original record in Mr. Clark's office, and it is a true the copy—(read.)
MARK BREAKSPEARE . I am a policeman. I was present at the trial of the indictment in question—the prisoner is the person who was then convicted—I was the officer, and had her in custody—I have not the slightest doubt of her.
JAMES BRIGDEN . I am assistant to Mr. Baker, a linen-draper, in Upper Eaton-street, Pimlico. On Friday, the 2nd of August, the prisoner came to our shop for a few trifling articles of silk and tape, which came to 3d.—she offered me half-a-crown, which I saw was bad—I told her it was a bad once, and asked how she came by it—she made no reply—I sent for a constable, and gave her in charge—I marked the half-crown, and handed it to
Mr. Dowling, Mr. Baker's partner, and he handed it to the policeman, in the prisoner's presence—I marked it before I gave it to him, and am sure it was the same.
THOMAS WORFEL . I am a policeman. On the 2nd of August I was called into Mr. Baker's shop, and saw Mr. Dowling, Brigden, and the prisoner there—she was given into my charge—I received the half-crown from Mr. Dowling, which I produce—I am quite sure it is the same—I have kept it ever since—I took the prisoner to the station-house—she was searched by a female, but nothing found on her—she was afterward discharged by the Magistrate—she gave the name of Phoebe Anderson.
SARAH MARGARET JONES . I am a widow, and kept a green-grocer's shop in Wilderness-lane, Dorset-street, Fleet-street, at the time in question. On Saturday, the 10th of August, the prisoner came there, and asked for 3d. worth of beans, which I gave her—she tendered me a half-crown—I had no change, and went to the Rose and Crown public-house to try to change it, leaving her in the shop-three gentlemen at the bar looked at it, but I never parted with it out of my hand—they said something to me, and, as I came back from there, I met Mrs. Hand, a neighbour—I showed it to her—she took it out of my hand, and followed me back to my shop—I found the prisoner there, and said, "You have given me a bad half-crown"—she said, "No"—Mrs. Hand said, "You know you have"—I said, "You must put down the beans," which she did instantly, and walked away—I followed, and gave her in charge—Mrs. Hand retained the half-crown.
Prisoner. She did not mark it before I got to the station-house Witness. When I got to the station-house Mrs. Hand delivered it to the policeman, and I marked it by the policeman's direction—Mrs. Hand had it all the time till I marked it, and the constable took possession of it immediately.
AMELIA HAND . I am a widow, and live near Mrs. Jones. On Saturday morning, the 10th of August, I received half-a-crown from her—after looking at it I went with her to her house, and then to the station-house. I there gave Buckingham the same half-crown.
EDWARD BUCKINGHAM . I am a policeman. I took the prisoner into custody, and received the half-crown from Mrs. Jones, in the presence of Mrs. Hand—I produce the same—the prisoner gave the name of Smith.
MR. JOHN FIELD . I am inspector of counterfeit coin, and have been many years in the habit of examining counterfeit coin—this first half crown is counterfeit in all respects—the other is also counterfeit, and they have both been cast in the same mould—they are alike in all respects.
GUILTY . Aged 18.— Transported for Ten Years.
Before Mr. Justice Vaughan
2423. JAMES PHILLIPS was indicted for stealing, on the 26th of August, 191bs. of paper, value 18s.; 500 sheets of printed paper, value 4l.; the goods of Samuel Manning and another, his master. Also on the 13th May, 200 quires of paper, value 50l., and 100lbs. of printed paper value 2l., the goods of Samuel Manning and another, his masters; to both of which he pleaded
GUILTY . Aged 21.— Transported for Seven Years.
GEORGE GODFREY . I am a ladies' shoemaker, and live in Conduit-street, Regent-street. The prisoner's father manages my business, and the prisoner lived with me, learning the business under his father—I left a £10 Bank of England note in my desk, and two sovereigns, and some loose silver in another drawer—I saw them on the 17th of July—I went out of town in the evening, and returned on Saturday the 19th on account of receiving information that the prisoner had absconded—I examined my desk and missed the Bank-note and sovereigns.
Cross-examined by MR. PHILLIPS. Q. How long has he been in your employ? A. About two years—his father has been my foreman about five years—the prisoner conducted himself excellently until this occurrence—I have no doubt he yielded to a sudden temptation.
JONATHAN EDMONDS . I am a policeman. In consequence of having a description of the prisoner from Mr. Godfrey, I found him in Frederick-street, Hampstead—road—I made him no promise or threat—I asked him his name—he said, "Barnett," but there were two brothers of them—I could not find the brother—I took the prisoner to the station-house, and then told him there was a very serious charge against him for stealing two £5 notes and a sovereign—he did not make any answer at first, but afterwards be said it was not two £5 notes he took away, but it was a £10 note and a sovereign—I asked what had become of the money, as I could not find any about his person—he said he had spent it with some girls.
(The prisoner received a good character.)
GUILTY. Aged 16.—Recommended to mercy. — Confined Six Months.
Fourth Jury, before Mr. Recorder.
CHARLES GOVER . I am a shoemaker, and live in Nash-court, Londond. On the afternoon of the 11th of September, I was near the Monument, about half-past one o'clock, and at five minutes before two o'clock, I noticed the prosecutrix there—I saw the prisoner, and watched him—he stood behind the prosecutrix two minutes—the was looking over the rails where the young woman who threw herself off had fallen—she was driven away by the policeman, but returned and stopped about three minutes longer, and the prisoner was there at the time—I saw him lift up her pocket and take something, and leave suddenly—I went after him, and saw him put some silver into his pocket—I went to the prosecutrix, and asked if she had lost any thing—she said, "Yes, some silver and a sovereign."
Cross-examined by MR. JONES. Q. There were a great many persons there, was there not? A. Yes, and a good deal of confusion—I was about two yards from the prisoner—sometimes persons in the crowd were before me and sometimes not—I saw him lift up the prosecutrix's pocket and me, something—her pocket was not outside her dress—he put his hand under the gown—I suppose it to be her pocket, but I did not see it—I am in business for myself as a shoemaker—I have lived in Nash-court about twelve months—I do not keep a shop—It is a small house, and I am the housekeeper—my occupation is in Cutler-street, Petticoat-lane—I sell second-hand shoes there—I was never a witness before in a case of this sort—I gave information of what had taken place to the prosecutrix's husband
—the prisoner did not go out of my sight—he was taken about fire yards off—he was alone.
MARCY FIDLER . I am the wife of George Fidler. Gover came up to me near the Monument, and asked if I had lost any thing—I put my hand to my brooch and found it there, and said, "I believe not"—he said, "Examine your pocket," which I did, and said, "Yes, I have lost a sovereign and some silver"—I had no pocket-hole in my gown, but found a small opening had been made in my gown by ripping it—I might also miss a few half-pence.
Cross-examined. Q. You had no pocket on? A. Yes I had, but no pocket-hole—I got at it by lifting my gown up—I had no more money about me than what I lost—I had 4s. in my pocket as near as I can say.
GEORGE ELLIOTT (City police-constable, No. 230.) I took the prisoner into custody on the 11th of September, in Monument-yard—I searched his pockets on the spot, and found some silver, some halfpence, a comb, and a Jew's harp—he said the money was his own, he had robbed nobody—I took him to the station-house, and there asked what he had in his mouth—he was about to answer me—I heard something rattle against his teeth—I instantly seized him by the throat, and a sovereign fell on the table.
Cross-examined. Q. Did he at any time tell you he had received this money from a master who he lived with? A. He said so at the station-house—he said before the Magistrate that it was 1l. 9s., or 1l. 9s. 6d.—I am not positive that he said he received it from his master—I did not find any papers on him—this bill was produced by him at the Mansion-house, to confirm his statement—he had been in the Computer, and in the lock-up place, and there any person has access to a prisoner, and can give them any thing—I found neither knife nor scissors on him—after he dropped the sovereign he said he had lost a handkerchief, and put the sovereign into his mouth for safety.
GUILTY . Aged 17.— Transported for Ten Years.
GEORGE SPARKS . I am footman to Allen Williams, and live in St. Thomas's-street, Southwark. On the 8th of September I was at the Roman Catholic chapel in Moorfields—I felt my pocket drop, turned round, and found my handkerchief gone—I saw the prisoner going away from me—I collared him, and he threw my handkerchief away—I gave him in charge of the beadle of the chapel—the prisoner was inside the chapel—when we got outside I asked him to own the truth, whether he took it or not—he said, "If you will forgive me I will own it, I did take it"—I told him I did not wish to prosecute him.
Cross-examined by MR. PAYNE. Q. Was there a great crow of people in the chapel? A. Yes—the prisoner was close behind me—I am quite certain of the handkerchief—It has my name in two places.
PETER KELLY . I am an officer of Finsbury Circus. I am on duty every Sunday at the chapel, and was there on this occasion—I saw the prisoner brought out by the prosecutor and another person, and the hand kerchief was dropped between the two—I cannot tell which dropped it—
(looking at his deposition)—this is my handwriting—It was read over to me before I signed it—I do not know whether the strange man or the boy dropped it—I laid hold of the boy because I was told he was the thief—that is what I said at the office—I cannot say who dropped it because there was a gang of persons about—I do not know who the other person was who was going out with the prisoner—he had the prisoner in charge—for what I can tell it might have been the strange man who got away that dropped it—(The witness's deposition being read, stated, "I saw the prisoner drop the handkerchief—I picked it up, and I produce it")—I deny those words—I said "Between the prisoner and the other man"—It was read over, bat I never suspected such words as those were put down.
NOT GUILTY .
JAMES PACKER . I live in Milton-street, Cripplegate. I missed a coat from my sit ting-room, on the 21st of August, at break fast-time—the prisoner slept in the same bed with me—I asked him if he had taken it—he said he had, and he did not know how he could have done it, for be was intoxicated the day before, and what he had done with the ticket he could not give me any account—he had pawned it, but be did not know where.
(Property produced and sworn to.)
Prisoner's Defence. I certainly did take it, find told the prosecutor where it was, as near as I could recollect, under a promise that he would do nothing to me, and when I left the house with the policeman, I thought we were going to take it out.
(The prisoner received an excellent character.)
GUILTY. Aged 26.—Recommended to mercy. — Confined Ten Days.
RICHARD MASON TAYLOR . I am a cheesemonger, and fire in High-street, Whitechapel. On the 24th of August, I lost a piece of cheese—Ferguson brought Clinshaw in, and charged her with stealing it—Young was passing, and Ferguson accused her of being with her.
GEORGE FERGUSON . I am a haberdasher, and live in High-street. On the 24th of August, I saw the two prisoners, who I had been watching for a fortnight previous about my own door, come across from my door over to Taylor's—I saw Clinshaw take something—I immediately ran across the road—she saw me, and ran up the first turning—I caught her up that turning and said, "Give me what you have got"—she gave me the cheese from under her shawl—they were both together outside the
shop, when Clinshaw took it—Young saw her take it, and went off the other way—she left at the same time—I had noticed them together for nearly a fortnight.
Clinshaw. He said before the Magistrate that he did not see me take it as there was a cart passing at the time, but he crossed over, imagining I had taken it. Witness. Yes, a cart did intercept my view for a moment—I did not see her take any thing for the cart, but I was confident she had done so.
Clinshaw. A woman in liquor gave it to me at the public-house door, next door, or next door but one to the prosecutor's. Witness. The prosecutor's shop is five doors from the public-house—I saw Young cross over about five minutes after I took Clinshaw—I secured her, and took her into the shop, and she immediately fell on her knees to beg my pardon.
SAMUEL TAYLOR . I am a street-keeper, and live in High-street, Whitechapel. The prisoners were given into my custody—Young west on her knees, and said it was her first offence, and wished Mr. Taylor to forgive her.
CLINSHAW*— GUILTY . Aged 18.
YOUNG— GUILTY . Aged 50. Confined Six Months.
ELIZABETH PEAK . I am the wife of William Peak, and live at South Mimms. I had this shirt to wash for a young man—I do not know his name—It was taken off the line, where it hung to dry on the 2nd of September, about twenty minutes after six o'clock.
CHARLES ELLIS . I am servant to a pawnbroker at Barnet. The prisoner pawned this shirt at our shop on the 2nd of September, between six and seven o'clock in the evening for 18d.—he came the following morning, to show it to a person, to sell him the ticket—I went immediately and get a constable—the prisoner then said it was not his shirt, but the ticket was given to him as a reward for having pawned it—our shop is about 100 or 150 yards from the prosecutrix's.
SAMUEL TEASDALE . I am a constable. Ellis came over to my house, and brought me to the shop to take the prisoner, who said he had pawned the shirt in the name of John Jones, and was authorised so to do by Jones—I never saw Jones—no such person lived there—I know no such man—the prisoner said he was a traveller from Barnet fair.
Prisoner's Defence. The shirt was given to me to pawn, and the man gave me the ticket for pawning it.
GUILTY . Aged 30.— Confined Three Months.
NEW COURT.—Wednesday, September 18th, 1839.
Before Mr. Common Sergeant.
GUILTY . Aged 19.— Transported for seven years.
GUILTY . Aged 38.— Confined Three Months.
Prisoner. I took them from the shop door—I had walked two days, and two nights, and had nothing to eat or drink.
GUILTY . Aged 24.— Confined Three Months.
2433. THOMAS GRIMWOOD was indicted for stealing, on the 3rd of August, 1 watch, value 10l., the goods of George Robson, clerk, in his dwelling-house; and ELIZABETH GRIMWOOD , for feloniously receiving the same, well knowing it to have been stolen; to which Thomas Grimwood pleaded
GUILTY . Aged 13.— Confined Ten Days and Whipped.
WILLIAM GOFTON . I am a pawnbroker, and live in Gilbert-street, Oxford-street. About six o'clock in the evening of the 19th of August, a woman named Bolton came into my shop with this repeater, and asked 12s. on it—she said it belonged to a Mrs. Sams—I said I was not satisfied—I went with her to the corner of Oxford-street, and there was the female prisoner—I asked if it was her watch—she said no, her son had won it at a raffle, and she had sent that woman with it thinking she could get more on it than she could—I know from sereral persons that the boy had had it in his pocket some days, and he told the boys about that he had won it at a raffle—I asked the boy at the office how he came to tell his mother so—he said, for fear his mother should think he had stolen it.
SUSAN BOLTON . Mrs. Grimwood asked me if I would take the watch to Mr. Gofton's, and get 18s. on it—I said, perhaps I should not get 10s. on it, I had better ask 12s.—I told her to stop for me at the corner of the street—she said Mr. Gofton knew me better than he knew her, and he would give me more than he would her.
ELIZABETH GRIMWOOD— NOT GUILTY .
BENJAMIN HOLLINGSWORTH . I am a stone-mason, working in the Middle Temple. On the 9th of September I went to dinner about twelve o'clock, leaving eighteen chisels in a basket in a recess in the wall, behind some stones—I came back about one o'clock, and they were gone—these are them.
JAMES COLSON . I am a broker and marine store dealer. On the 9th of September, the prisoner came to my shop with these tools in a basket, and asked me to purchase them, which I did—as soon as he left, I went out to find the owner—I traced them to the Middle Temple, and showed them to the prosecutor—the next day the prisoner came with a quantity
of bags and bagging—I took him to the public-house, and said, "Go in here while I go to my baker's for change"—I then got two officers and took him.
Prisoner's Defence. I met a man in the Temple with these tools—I thought they were his own—he asked me to take them to a public-house—I waited there, and then I went and sold them.
GUILTY . Aged 30.— Confined Three Months.
THOMAS OAKLEY . On the 30th of August, I went to lay down on a rick because it was wet—when I awoke, I had lost my laced shoes off my feet—there was a woman on the rick—I saw two men standing at the corner of the hay-stack, and had suspicion—I sent for a policeman—he was not at home—they walked off—I walked after them to Barnet—I found the boots at the pawnbroker's—they were tightly laced on my fat—the woman on the rick was asleep, I believe.
Prisoner's Defence. The prosecutor and I drank all day together, and he knew as much about my going to pawn them as I did—we were both intoxicated.
GUILTY . Aged 35.— Confined Three Months.
JOHN BOURN . I lodge at the Angel public-house, Kit's-end, South Mimms. On the 25th of August, I was in the taproom—the prisoner and a person named Garratt were there—I fell asleep—my hat was by my side, and two handkerchiefs were in it—I awoke in about a quarter of an hour—I missed my handkerchiefs, and the prisoner was gone to South Mimms—I went after him, and gave him in charge—the handkerchiefs were found on him-these are them.
Prisoner's Defence. I saw them under the seat in the tap-room, and that man was lying asleep.
GUILTY. Aged 31.—Recommended to mercy by the prosecutor.
Confined One Month.
EDWARD BOYLE . I am a linen-draper, and live in Farringdon-street the prisoner was in my employ. On the 27th of August, in consequence of information, I went to No. 42, Skinner-street, the upper part of which I have taken for my young men to sleep in, and in the cellar I found eight handkerchiefs or small shawls, in a hole in the wall—they are mine—the mark is on them—(examining them.)
Cross-examined by MR. DOANE. Q. I believe the prisoner has not been above three months in your employ? A. About that time—I had him from Mr. Worman in Whitechapel—my clerk wrote for a character, but he never received an answer—I have eighteen people in my employ—It is a custom in my house for my young men to take goods on a Friday, if they want them for their own consumption—I had allowed the prisoner, from time to time, to draw money, which he did—on the Saturday preceding, he made an application to me which I declined, his salary being then overdrawn—there is nothing due to him—I find he is married, which I did not know before—I have no objection to married men—I went to where his wife lived—she appeared to me to be in want-his salary was 45l. a year.
CHARLES WALLER (City police-constable, No. 88.) I went to No. 42, Skinner-street, and found the handkerchiefs in the hole—I placed Crawley in the cellar to catch the thief—I stopped up-stairs till five o'clock in the morning—I then heard some one go down, and in a few minutes the prisoner came up-stairs, and Crawley after him—I took hold of the prisoner, took his hat off, and found six small shawls in it—he put his hand behind him, and flung one over the counter—I asked him what he had got to say, he said what he had to say, he would say to Mr. Boyle.
GEORGE CRAWLEY (City police-constable, No. 61.) I was in the cellar, saw the prisoner come down, and go into the water-closet—he came out, looked about, then took these shawls out of the wall, and put them into his hat—I went up after him.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined One Year.
DANIEL WATKINS . I was minding my master's fish-stand in Hungerford Market, on Tuesday, the 20th of August, opposite Mr. Howard's house—I saw the prisoner sitting on the form by the side of the door—he put a pint pot into his pocket, and got up—I followed him, and informed the headle—the pint pot was taken from his pocket, and another from his hat.
Printer's Defence. It is false, I picked them up on a dunghill, and as I was coming along a woman with some carpets asked me to beat them for there—I put one pot into my hat, and the other into my pocket.
GUILTY . Aged 20.— Confined Three Months.
JAMES DURRANT . I keep the Black Horse public-house, in York-street, Westminster. The prisoner was my potman for three months—I saw him there at half-past eight o'clock on the evening of the 16th of August—I had a copper, and have not the slightest doubt this is it—I measured the copper and the place it was taken from, and they corresponded.
Cross-examined by MR. DOANE. Q. Did you put the copper in? A. it is bent nearly double—I have no mark on it—the prisoner lived with a mar. Matthews, who carried on business there before me—the copper
was taken out of the window, and was doubled because the window was too small for it—It was in a wash-house in a back way to my house—it is not a public thoroughfare—my tenants used it.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Three Months.
THOMAS BURNE (police-constable F 140.) About eight or nine o'clock in the evening of the 14th of August, the prisoner Palmer came to me, and said there was a man in Hungerford Market in the habit of stealing pots—I told him to go and watch him, and give charge of him-about ten minutes after nine o'clock, he came again and said, the man was still in the market, and had two pots—I said, "Do you know where he got them!" he said, "No"—I said, "You go and watch him"—about eleven o'clock he came and said, "There is the man," and I took Butler with a bag, and two pots in it, and one in his pocket-these are them—I had told my sergeant what information Palmer had given me—he went to Hungerford Market and watched them both—when I took Butler, Palmer said, he had got two more pots in his pockets, and then Butler said to Palmer, "I thought you were no good,"and at the station-house, Palmer said he would go to Mr. Howard, and make it right for a guinea.
THOMAS CARTER (police-sergeant F 5.) From the information of Burne, I went to Hungerford Market, and saw the two prisoners in deep conversation for some minutes—they went away about half-past ten o'clock, and during the time of my watching them, I saw them go behind some carts—I went and saw something there, which I believe were pots—I saw that Palmer took such an active part with Butler, that I charge him on suspicion of being in the robbery—I did not see Palmer touch any pots.
WILLIAM CLARK (police-constable F 129.) I was on duty in Long Acre-Palmer came up to me and said, "I have a clear case of pot stealing"—I then asked him if he knew any thing of Butler—he said he did not—I asked him how he came to know that he was about with intent of stealing pots—he said, after a little hesitation, "I knew him before, from sleeping with him under the dark arches"—he said, that Butler had made some proposals to him, and asked him if he would work with him—he said he made him no answer—he then said, that Butler proposed to him to take some pots—when they were in custody, Palmer said to Butler, "Don't be down-hearted, I can bear to take twelve months for it."
(Andrew Brown, a tailor, of the Strand, gave Palmer a good character.)
BUTLER— GUILTY . Aged 23.— Confined Three Months.
PALMER— GUILTY . Aged 19.— Transported for Seven Years.
2438. JOHN YEANLAN was indicted for stealing, on the 22nd of August, 2 bottles, value 3d.; 1 pint of wine, value 1s.; 1/2 a pint of rum, value 3s. and 3/4 lb. weight of tea, value 3s., the goods of William McNair, in a vessel, in a certain port of entry and discharge.
WILLIAM FROST . I am chief mate of the Sophia, which was lying in the East India Dock—on the 22nd of August, I lost a bottle of champaigne, half a pint of rum, and some tea, from the store-room on board—I have compared the articles produced with that in the store-room, and they corresponded—they are the property of William M'Nair.
Cross-examined by MR. DOANE. Q. Was the captain on board? A. No, he came on board the next morning—the vessel had been in the Dock ten days-these were remaining stores—the tea is the same as other green tea—the prisoner had come on board the previous day, producing an excellent character from the last ship he was in, and inquired for Captain M'Nair.
Q. Was there not to have been a party on board the following day, and did he not assist in the arrangements? A. Yes, he did; that was my object in allowing him to remain—I said, if he liked to remain, he might, bat I could not give him any thing—I do not know that these things were all spread out—they were all ready—I believe the prisoner is not an Englishman.
NOT GUILTY .
FREDERICK SCHUSLER . I am a musician, and five in Keppel-terrace, Pimlico. About one o'clock on the morning of the 22nd of August, I met the prisoner, she asked me to relieve her, as she was in great distress—I said I had no property about me, and requested her to leave me—she kept on with me till I got to Eaton-square, when she made another application—I still refused—she then made an attempt on the property which was in my inside coat pocket—I called, and an officer came up—I gave her in charge-another officer took up the purse with four sovereigns in it, and while he was picking it up, four more sovereigns fell from her person this is the bag—the officer then looked round, and found two more sovereigns—the other three and a half have not been found.
Prisoner. He first said he had lost eleven sovereigns, then eleven and a half, then thirteen and a half. Witness. It is not true.
JOHN MORRIS (police-constable B 153.) I came up—the prosecutor had hold of the prisoner, and told me he was robbed of eleven sovereigns—the sergeant came up, turned on his light, and found four sovereigns, and I found the purse on the ground, which contained four more, and then two more—the prosecutor was not drunk—I was not holding her—I heard something drop from her.
light turned on—he said, "This gentleman accuses this woman of robbing him of eleven sovereigns and a half"—I turned on my light and found four sovereigns on the grass, and an old metal ring—I asked the prosecutor if it was his—he said, "No"—the prisoner said it was hars—I told the officer to move her—he did so, and two more sovereigns fell from her—I should say three yards from where she was previously standing.
Prisoner. I was in the road, and then these two were picked up on the grass. Witness. I had a hard matter to keep her off the grass.
GUILTY . Aged 31.— Confined Six Months.
ELIZABETH THORNE . I am the daughter of Charles Thorne. On the 16th of August, as I was coming from school, I met the prisoner at the corner of Queen-street—he said he had lost a little boy with a brown pinafore on, and if I would go and look for him, he would give me 6d—he took me to Harper's-fields—when I got there, he said there was a lot of spiders on my neck—I had a necklace on, which he unclasped, and ran away with—I ran after him, and hallooed "Murder"—this is my necklace (looking at it.)
Cross-examined by MR. PAYNE. Q. Had you seen him before? A. Yes, he used to knock at the door for me.
WALTER RICHARD THOMAS . I was coming through Harper'sfields—I heard a child scream, and saw the prisoner running away—I cried cost, "Stop him"—he was stopped, and delivered up this necklace from his right-hand pocket.
(The prisoner received a good character.)
GUILTY. Aged 16.—Recommended to mercy. — Confined Three Months.
HANNAH SHELLEY . I am the wife of Michael Shelley, who lives in Belton-street, Long Acre—I deal in second-hand clothes. On the 20th of August the prisoner came into my shop—I missed the articles stated, and saw them drop from her—I said she had something belonging to me—she said she had not, and made away from me with them-these are mine.
GUILTY . Aged 29.— Confined One Month.
at Old Brentford. On the 28th of August we had four guns safe at five o'clock, one of which I missed about six o'clock—this is the gun—it is my father's.
RICHARD ARMITAGE . I am a fisherman, living at Old Brentford. I was with in twenty yards of the shop that evening—I saw the prisoner, take the gun up, put it on his shoulder, and walk away towards London.
WILLIAM JOHNSON . I live in King-street, Hammersmith. Between seven and eight o'clock in the evening of the 28th of August, the prisoner called on me, and asked me to go and pledge that gun—I said he had better pledge it himself—he said he did not like, and then I said I would go for him—he said he wanted to take a few shillings home to his wife and family—I pawned it for 5s. at Mr. Aldous's.
Prisoner's Defence. I was a little in liquor, I saw the gun outside, and I took it-if it had been inside I should not have done it.
GUILTY . Aged 40.— Confined two Months.
GEORGE PIERCE . I am a cheesemonger, and live in Golden-lane, Barbican. About twelve o'clock, on the 12th of September, I received informtion from the policeman, and missed a knuckle of ham—I went to the station-house and saw the ham produced—It is mine—I had seen it safe about minutes before I received information.
JOHNSTAINES (City police-constable. No. 389.) About twelve o'clock that day I saw the prisoner go into a marine-store shop with something in her apron—she was in the act of offering this piece of ham for sale—she said she wanted to sell it to get her dinner.
GUILTY . Aged 40.— Transported for Seven Years.
Fifth Jury, before Mr. Sergeant Arabin.
JOHN NICHOLAS (police-sergeant K 1.) On Sunday, the 18th of August, I stopped the prisoner in High-street, Shoreditch, with a bundle under his arm—I asked him what he had got there—he said, "A jacket"—I asked him to let me see it—he did so—It was a new sailor's jacket—I asked him how he came by it—he said Mr. White lent it to him, and he left his own jacket at Mr. White's—I took him there, and saw Mrs. White—she abused him very much, and said he had been there the day before, and wanted to sell a sheet and a quilt, but he had not been there to ask for any jacket—I made inquiry at different lodgings—the prisoner said, "Policeman, don't be too hard upon me, I will go and show you where I slept last night"—I went first to the Marlborough's Head public-house, where he first said he had slept—he then took me to a house in Shakspeare-walk, where I (found Mark Thomas.
MARK THOMAS . I am a sailor, lodging in Shakspeare-walk, I went to bed on Saturday night, about one o'clock—I left my jacket on the bed-post—the prisoner was in bed in the room before me—there were two beds in the room—the next morning the landlady called me, and my jacket was gone, and the prisoner too, leaving his jacket behind—both jackets were of a similar colour.
Prisoner's Defence. I took yours in exchange, it is no robbery—I had nothing on the Saturday but a drink of water—I applied to the commissioners of St. George's Hanover-square workhouse four times, for an order to go into the house, which they refused—my wife has been there blind for five years.
GUILTY . Aged 79.— Confined Six Months.
2445. GEORGE BIBBING and JOHN STEVENS were indicted for stealing, on the 15th of August, 4 bushels of lime, value 2s. 6d., the goods of Thomas William Meeson and another, their masters; to which they pleaded
GUILTY.—Recommended to mercy. — Confined Three Months.
MR. CLARKSON conducted the Prosecution.
RUSSELL PONTIFEX . I am a brass-founder, and live in Upper St. Mar-tin's-lane. The prisoner is a boot and shoe-maker, and lives in a house of mine, which I let on lease to another man—he has lived there many years—I never knew of his dealing in brass cocks till I discovered this—he was in the habit of coming to my house to work both for me, my son, workmen, and apprentices—I encouraged him all I could—on the 4th of March I missed fourteen brass cocks—I have seen eight of them since at Mr. Stevens's, the pawnbroker, in Wardour-street, and Mr. Franklin's, a pawnbroker, in Tottenham Court-road.
Cross-examined by MR. CHAMBERS. Q. What has become of your son. A. He is at home—I was here in the July Sessions—my son made some communication, and confessed he had been induced by the prisoner to steal part of my property prior to this—he said he had not taken these cocks to the prisoner's house, but he had taken a basket of cocks there eighteen months previous—my son did not speak to me on the subject till I discovered a part of my property was in a place where I had never disposed of it, that was in June.
Q. Did not your son say, "During the last three months I took from my father's shop metal cocks, three or four at a time?" A. Yes, after he returned from France—that was near twelve months ago—he said he had taken them-these are metal cocks—I have lost altogether about 500l. worth of cocks and brass work—I should think 400 or 500 cocks—my son made a statement to me about his taking some, and he was induced to take my property, under an impression that at my death it would come to him, and he might as well have a part in my life time.
MR. CLARKSON. Q. Your son said he had been induced by this man to take some property of yours? A. Yes, he said he had not taken this property, and had nothing to do with it.
in Wardour-street. On the 9th of March last I received these six brass cocks in pledge of the prisoner for 6s., in the name of William Scott.
Cross-examined. Q Did you attend here at the July Sessions? A. I did but was not called—I had these cocks with me, but I gave no evidence before the grand jury—I should think these cocks are worth 2s. a piece—we are not in the habit of taking in such things.
JAMES GOLDER . I am shopman to Mr. Franklin, a pawnbroker, of Tottenham Court-road. I produce two brass cocks, pawned at our house on the 17th of April by the prisoner, for 2s. 6d., in the name of John Hunt—I did not know him before.
THOMAS SMITH . I live in Long-lane, Bermondsey. In May last I saw prisoner, and lent him some money on some duplicates of brass cocks—there were six or eight duplicates—I do not know whether there was one of Mr. Franklin's, or Mr. Stevens'—I gave the duplicates, as I received them to Shackle the officer in the beginning of July—I received them back from him at Bow-street, last week—I am a furrier—I have known the prisoner a great many years, and am in the habit of lending him money.
Cross-examined. Q. How do you know these are the same duplicates? A. I do not know—I had no mark on them—they were for the same kind of things.
GUILTY . Aged 39.— Transported for Seven Years.
2447. RICHARD OAKLEY was indicted for stealing, on the 23rd of August, 1 tea-chest, value 6d.; and 100lbs. weight of tea, value 20l., the goods of Richard Evans, in a barge upon the navigable River Thames.
THOMAS PULLEN . I work at the water-side. On the 23rd of August, I was employed to watch a barge, which was on the Thames, alongside the Isabella Sarah, off Irongate, at the Tower—It was laden with tea and sugars—It was covered with a tarpaulin—I went on board about nine o'clock at night, and at half-past four o'clock in the morning the prisoner came alongside in a boat—he made the boat fast, got into the barge, undid the tarpaulin, and took out a chest of tea, and put it into his boat—I said, M Halloo, what are you doing there?"—he put it into the boat before I could get up to him—he then shoved the boat off, I jumped into it, collared him, and called for assistance—the carpenter of the Isabella Serah came—the prisoner said if I did not let him go he would drown me.
Cross-examined by MR. PAYNE. Q. Where were you when the prisoner came up? A.. Under the tarpaulin, which was up—I could see what he did—there was no other person on board—I was employed to watch by Mr. Evans, the barge owner.
RICHARD WHITE . I am one of the Thames Police. About five o'clock in the morning I was called up by a person saying that a chest of tea had ten stolen from a barge—I went on board and saw Pullen and the prisoner—there were two policemen—he said he would not go with them, but he would with me—he went very quietly—I took the tea from the barge to the Thames Police-office—I found it on the barge it had been taken from—found an old dredger boat by the side—the prisoner did not say how he came by the tea.
Cross-examined. Q. Was the chest opened? A. Yes, it was black tea—the barge was lying with her bows to the Isabella Sarah.
(The prisoner received a good character.)
GUILTY . Aged 20.— Transported for Ten Years.
OLD COURT.—Thursday, September 19th, 1839.
Second Jury, before Mr. Sergeant Arabin.
2448. MATILDA MASKALL was indicted for stealing, on the 15th of August, 1 shawl, value 10s., and 1 pair of pattens, value 1s. 6d., the goods of Isaac Thomas Stevens; and 1 handkerchief, value 6d., the goods of William Nightingale, her master: and SARAH PEARSON , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
WILLIAM NIGHTINGALE . I am a watchmaker, and lodge in Iron monger. street, St. Luke's. Maskall was in my service for two days, and absconded—she was a weekly servant—I missed two neck handkerchiefs, and Mrs. Stevens missed a shawl, within an hour after she was gone-these are my handkerchiefs—(looking at them)—I never saw Pearson in my house.
GEORGE FOREY . I am a policeman. On the 15th of August, Maskal was given into my custody for this offence—I took her to the station-house, where she told me where the property was—I went in the evening to Pearson, and found the aprons and handkerchief, and in the morning I found Pearson at home—she took me to where the shawl was pawned, saying she thought it belonged to Maskall, who had told her she had taken it out of pawn a few days before—I found the property at a brothel in Field-lane.
Maskall's Defence. Pearson is quite innocent.
Pearson's Defence. Maskall asked me to pawn the shawl for her for 2s. and I gave her the money and ticket—I did not think it was stolen.
MASKALL— GUILTY . Aged 13.— Judgment Respited.
PEARSON— NOT GUILTY .
2449. CATHERINE CONOLLY was indicted for stealing, on the 18th of August, at Paddington, 57 sovereigns, 32 half-sovereigns, 2 half-crowns, 3 shillings, and 4 sixpences, the monies of William Walter Wale, her master, in his dwelling-house; and 1 knife, value 1s., the goods of Ann Elizabeth Wale; also, on the 1st of August, 1 knife, value 1s.; 1 handkerchief, value 2s. 6d.; and 3 yards of linen cloth, value 4s. 6d. of John David Wale; to both of which she pleaded
GUILTY.—Recommended to mercy. — Transported for Ten Years.—
Recommended to the Penitentiary for Two Years.
JOHN HODSON . I am porter to Henry Robarts, a woollen-draper, in Conduit-street, in the parish of St. George, Hanover-square. On the 27th of August, a little before eleven o'clock in the morning, I was in the shop at the desk—I raised my head and saw a person go out of the shop with this black cloth, which laid six or seven paces from the door, under his arm—I ran to the door, and saw him walking with it on the pavement—I bolted the shop door, and ran out at the private door—I found him still going on with it under his arm—he crossed over by the coach stand, threw the cloth into a cab on the stand, and got in and sat down—I collared him, brought him out with the cloth, and gave him in charge—there is eighteen yards of it—It is worth 10l. I was a policeman at the time. I took the prisoner into custody with the cloth.
GUILTY . Aged 20.— Transported for Ten years.
Before Mr. Justice Vaughan.
2451. JAMES ALLEN was indicted for forging and uttering an order for the payment of 300l., with intent to defraud Henry Drummond and others. Also for forging and uttering an order for the payment of 370l., with a like intent; to which he pleaded
GUILTY of Uttering.Aged 28.— Transported for Life.
2452. JOHN REILLEY and MARY ANN REILLEY were indicted for a robbery on William Hardy, on the 7th of September, and taking from his person and against his will, 1 rule, value 1s.; and 4 shillings, his goods and monies.
WILLIAM HARDY . I am a carpenter, and live in Henrietta-street, Hackney-road. On Saturday, the 7th of September, I was in Old-street-road, about twelve o'clock at night, and going towards the London Apprentice to buy a pie, I saw the female prisoner—I did not know her before—she said, "Where are you going, my dear?"—I said, "I am going home" she said I had better accompany her home, and took hold of my arm—we proceeded towards Storeditch church, and turned into a street at the back of the church—she took me to a house there—she opened the door herself, and went up stairs to get a light—I staid below—she returned with a light in three or four minutes—I then proceed up stairs into a back-room on the first-floor, and saw a man going up the second flight of stairs as I went into the room—I had not seen that man before—I went into the back town—there was a bed there—when I got in she asked me what I was going to give her—I said, 2s.—she replied, "You have more "money than that," and attempted to ink my money in the pocket—she thrust her hand in, and took out 4s.—I got hold of her hand to get it from her, and she immediately called out, "Jack"—I heard a footstep coming, and flew to the door and bolted it—the male prisoner constantly burst it open, and seized me—I tried to rescue myself from his old, and seized him by the neck handkerchief, threw him down, and called out for the assistance of the police—the female prisoner then took
up the poker, and swore she would beat my brains out if I did not let go—I still kept my hold—the female struck me several violent blows with the poker, one on my arm and on my back, and swore she would rip my "b guts" open with a knife—I was endeavouring to get out of the room—I called for my hat several times, and at last saw it under the bed—I left my hold of the male prisoner to get it—I seized it, and was about escaping out of the room, when the male prisoner gave me a violent kick on the ribs, and said, "Take that, you b, I will do for you before I have done with you"—I proceeded into the street and called for the police—I had a rule in my pocket when I went in, and it was gone when I came out—I cannot say they took it—I met a policeman by the Bird Cage public-house, and told him what had happened—he went back with me to the house—there was a light in the back room, and immediately the policeman knocked at the door the light was put out—I assisted one of the policemen to get up to the back window—the street-door was at last opened, and the two policemen and myself went up stairs—the male prisoner opened the door—he was undressed, and in his shirt—the female prisoner was in bed in the room I had been in—I identified them, and gave them into custody—I was rather behind the policemen when they entered the room, and did not hear what they said at first—I heard the woman say she had been in bed since nine o'clock—I was hurt in my face, bad a bruise on my arm, and another on my ribs.
John Reilley. Q. Can you swear you saw me go up stairs? A. I saw a person going up, and I can swear you afterwards came down into the room when Jack was called.
THOMAS BURCHAM (police-constable H 33.) On Saturday night, a Sunday morning, between twelve and one o'clock, I was in Bird Cages-walk, and saw the prosecutor coming along, holding his arm, and complaining of it very much—he made a complaint to me, in consequence of which I got another officer, and we proceeded to the house, in Nichol-street, which he showed us-we went to the back of the house, and then was a light burning in the first floor room—I went to the door, and knocked more than once, but no answer was given-we assisted my brother officer on to the wall, and he knocked at the window with his staff—the female called out, "Who is there?" and in about five minutes the male prisoner came down and let us in—he was undressed—he said, "What do you want?"—I said "I want you and the woman up stairs"—the female prisoner said, "I suppose it is about that b row we had with that man just now"—the prosecutor identified them both as the persons who had ill-used him, before we got a light, by their voices-we followed the man up stain, and the female was sitting up in bed—the male prisoner said, "Any b----man would burst a door open to protect his wife"—I asked what money they had about them—the man said he might have 5s. or 6s., he did not know—could I found 5s. on him, but nothing on the female-we searched the place, but not find the rule—I have known the female prisoner as a prostitute for the last six months.
Mary Ann Reilley. Q. How can you prove have seen you with different men—I am positive you walk the streets.
Mary Ann Reilley. Q. How can you prove me a prostitute? A. with different men—I am positive you walk the streets.
Mary Ann Reilley's Defence. (Written.) "I was in bed when the man came into my chamber, who I thought was my husband—he bolted the door—I demanded who it was—he said, "I have 2s."—I told him to be off, I wanted neither him nor his money, and said I expected my husband every minute, as I thought he might go away—he appeared very tipsy—my husband came in shortly after, and told me to open the door—the man stood with his back against it, and would not let me open it—my husband burst it open, and the man hit him a violent blow—he went own stairs, fetched a policeman, and told him I had robbed him of 4s. and a rule—I had no money—my husband had 5s., which he had just received for his labour—the policeman swears falsely that I am well known—I consider my husband was justified in defending his wife, the man being the first aggressor,"
John Reilley's Defence. It was nine o'clock at night when I arrived in London, by Pickford's boat-as I came up stairs, I heard a row in the room—this man and my wife were in the room—I said, "Who have you got here?"—she said, "A man wants* * * *"—I said, "Open the door"—they would not—I burst it open, and he struck me, and knocked me against the cupboard—I got up—he asked for his hat, and away he ran, brought in the policeman, and said we had robbed him—I hid 5s. wages, which I had to leave with her, as I was going to Manchester next morning.
M. A. REILLEY— GUILTY . Aged 27.
JOHN REILLEY— GUILTY . Aged 24.
Of stealing from the person.
Transported for Ten Years.
Before Mr. Justice Coltman.
2453. JEAN JACQUES COURBEN was indicted for unlawfully, maliciously, and feloniously assaulting Augustus Manuel Gougenheim, on the 17th of August, and wounding him upon his left eye, with intent to maim and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
MR. CLARKSON conducted the Prosecution.
AUGUSTUS MANUEL GOUGENHEIM . I am a Frenchman, but have lived fifteen or sixteen years in this country—I am an interpreter and translator of several languages—I have only seen the prisoner twice—he called at my place seven or eight months ago, and requested me to attend before the Commissioners of the Westminster Court of Requests to answer to a debt to which he had rendered himself liable from a female he used to visit—he was then quite a stranger to me—I took down his instructions, and found there was no cause why he should not pay the debt if the woman did not—I explained to him that no defence could be made to it, and it was arranged that I should obtain time to pay the debt and costs—I was to be paid 3s. for translating a paper for him, and 3s. for my own attendance—I did not attend on the day the case was heard before the Commissioners, as I was retained to interpret at Union Hall, for a foreigner, and I sent my wife with full instructions to act—she brought me back the adjudication of the debt, to be paid at three monthly instalments—I sent that by my servant to the prisoner's house—I did not make any personal application, is the amount was so trifling—I sent my servant once or twice, but did
not receive the money—on Saturday, the 17th of August, I saw the prisoner in Oxendon-street, Haymarket—I crossed the road, touched my hat to him, and said, "Mr. Courben, when do you mean to pay me?"—he said, "Never"—I said, "If that is the case, I shall summon you in the Court of Requests next Monday"—he immediately flew into a violent passion, and said, "Before you summons me, I shall smash your face"—(all this conversation was in French)—he immediately stepped back one or two paces, making two or three motions as if to conceal what he was doing, and he thrust his cane at my eye with a very strong thrust—it burst the ball of my eye, and the aqueous matter ran down his wrist—I had not offered him the least violence, either personally or verbally—he attempted to run away, but was stopped by a stranger passing by—I went to the station-house, and gave him in charge, and was taken to Mr. Wood, the surgeon—I have entirely lost the sight of the eye—I lost it at that very moment, and nearly lost my life, for brain-fever or locked jaw was anticipated by the medical man, for the first four days—It was done with the small end of the cane.
DAVID LAROACH . I live in King-street, Golden-square. I was in Oxenden-street on the 17th of August, and saw the injury inflicted on the prosecutor's eye by the prisoner—I had never seen either of the parties before—the prosecutor did not offer the least violence to the prisoner—he stood with his thumb in the sleeve of his waistcoat.
JAMES RICHARDSON . I lodged in Bury-street, St. James's, at the time in question. I was in company with the prosecutor, walking arm in arm—he left me, and crossed over to speak to the prisoner—he went up to him and gently tapped him on the shoulder with his hand, and appeared to speak to him—the prisoner, by his manner, flew into a violent passion—he seemed to take a step backwards, take a deliberate aim, and with his cane made a violent thrust, and thrust out the prosecutor's eye—the prosecutor had not struck or offered to strike him.
WILLIAM SUDBURY . At the time in question I lived in Oxenden-street—I was in the street on this occasion, and witnessed the transaction—the witnesses have spoken truly-no violence was offered by the prosecutor before he received the thrust—I saw the blow struck with the cane—it appeared distinctly aimed at the eye.
THOMAS WOOD . I am a surgeon, and live in Panton-street. The prosecutor was brought to me on Saturday, the 17th of August—I found he had lost his eye from a wound—the sight was quite gone—I examined the injury—in my judgment it was such a one as might have been inflicted by thrusting the point of a cane into the eye—It could not have been inflicted without considerable violence—the smaller end of this cane (produced) would inflict the injury—I saw him occasionally for about a month—he suffered a good deal of pain—there was reason to anticipate dangerous consequences although his health was good-such a blow was calculated to produce locked jaw, but I rather anticipated brain fever—It was a very dangerous wound.
Prisoner's Defence. (Through an interpreter.) At five o'clock on the 17th of August I went to Panton-street—I was on the left hand side going along—the prosecutor tapped me on the shoulder and said, "If you do not bring me by to-morrow what you owe me I will put my foot in
your"—I said, "Do it,"which proves I did not pursue him—to avoid him I went on the other side of the way, and when I was on the right-hand pavement he followed me, and said, "Wherever I meet you I will put you in a state of uneasiness"—he called me a rogue—I said, "Let me alone, and do as you please about it"—I tried to go away from him about twelve paces, but he came after me again, and repeating that I was a rogue, gave me a knock with his fist on my left side-as I came back he tried to give me another, and unfortunately I took up my cane to prevent his striking me.
GUILTY on the 2nd Count. Aged 60.— Transported for Fifteen Years.
Before Mr. Justice Vaughan.
2454. JOHN OLIVER was indicted for burglariously breaking and entering the dwelling-house of Eliza Hague, about the hour of twelve in the light of the 16th of August, with intent to steal, and stealing there in 1 sheet, value 1s. 6d., her goods.
ELIZA HAGUE . I am an unfortunate girl. I live in John's-buildings, St. Ann-street, Westminster—the prisoner occupied the first floor front room in the house—It is let out in lodgings—on the 16th of August I went home at half-past twelve o'clock at night—I found my room door burst open, and the padlock and staple on the floor-nothing was done to the outer door of the house—I had left my door padlocked when I went out about half-past nine o'clock—I called a policeman, and examined my room, and missed a sheet which I had left on the back of a chair before the fire—I do not know whether the prisoner was in the house when I went out-a boy lodges with him—I went up stairs with the policeman, and asked the prisoner if he had heard anybody at my door—he said he had heard somebody burst it open, and he came to the top of the stairs to see who it was, but they were gone, he could not see any one-we went into his room, and found my sheet locked in his drawer—I am sure it was the same I had left on the chair when I went away—I missed nothing else—there was no other property of any value—he laid the sheet was his own—I know it by its being torn, and I joined it the same day.
ROBERT SUTTLE . I am a policeman. I went to the house—I saw the prisoner standing at the door about half-past eleven o'clock, and spoke to him—I returned again in about two minutes, and he shut the door—about half-past twelve o'clock the prosecutrix came, and complained that her door was broken open—I went with her, and found the padlock and staple on the floor—I searched the prisoner's drawers—he opened all but a very wall drawer—I made him open that, and found the sheet—he said it was his, but at the station-house he said he did not know how it came there—before the Magistrate he said he was drunk, and by banging the door-post the staple came out.
Prisoner. I was very tipsy when I came home, and the padlock was very loose-nobody could go in or out without knocking it out. Witness. He might have been the worse for liquor, but was not very drunk.
ELIZA HAGUE re-examined. The staple never came out before, but on the Friday week before it was broken open by somebody, and the staple withdrawn; but it was put into a fresh place again—It was fast when I left.
(The prisoner received a good character.)
GUILTY of Larceny only. Aged 43.—Recommended to mercy.
Confined One Week.
Before Mr. Justice Coltman.
2455. JAMES SHANLEY was indicted for unlawfully, maliciously, and feloniously assaulting John Cardingne, on the 11th of September, and stabbing and wounding him upon his right eyebrow, with intent to main and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
MR. HEATON conducted the Prosecution.
JOHN CARDINGNE . I live in Brick-lane, Whitechapel. I have been a carpenter, but am occasionally employed as a broker's man—I am often employed by Mr. Wearing—on the 11th of September I was employed by him to go to No. 2, Great Arthur-street, Golden-lane, St. Luke's, to remove some goods which had been distrained-Wearing and Wooding were with me-we got there between five and six o'clock—Wooding knocked at the door—the man in possession opened it, and we all three went in—I saw the prisoner sitting on a chair—he said, "You are come, are you?"—he said, "The first that touches the things, I will run a knife into him"—I stepped forward, and so did Mr. Wearing—we all three stepped forward, and I was the first—I said to him, "You had better not do such a thing as that "—I was persuading him, and said "Don't put yourself in a passion"—he jumped up off the chair immediately—there was a clasp-knife lying open on the table, close to hit hand—he laid hold of it, and struck me immediately over the eyebrow—It penetrated, and I fell against the wainscoting—It was a very violent blow—I could not move—I lost above a pint of blood in less than five minute—I saw the blood about the place—I was taken to Mr. Leeson, the surgeon, in about half an hour—my handkerchief and apron were put to stop the blood before I went there—It bled all night long, after I went home—the surgeon washed my face with some warm water, and dressed the wound—I have been in great pain in my head, just on my eyebrow, ever since—I can see with my eye, but it is inflamed very much still—I do not believe the prisoner was under the influence of liquor.
Cross-examined by MR. HORRY. Q. Was that the only room occupied by the prisoner? A. I believe it was-Wearing spoke first when we went in—I cannot tell what he said—I might have heard it—It was very few words—I cannot tell what answer the prisoner made—I did not see a bed in the room—there was a recess for a bedstead to go in-we had not time to touch the goods-neither of us began to meddle with the goods—I saw a bedstead without any clothes—that I swear—I cannot say whether there was any body on it—It was in a dark place—I saw nobody in the room but us three and the prisoner—the prisoner was sitting by the fire-place—the table was not between us—the other two were close by me, not in front of me-Wooding went in first-we went in close together—I saw no child on the bed—I had not been in the room two minutes before my eyebrow was cut—I do not know Mrs. Hook—(looking at her)—I never saw her before—I never said to her, "The boy on the bedstead struck me twice in the eye," nor any thing of the sort—she did not offer to get me any assistance—a policeman came in, and assisted me—It was a clasp-knife, about four
inches long, with a sharp point—I saw it on the table-Wearing did not say,"his is what he struck you with," and show me part of the bedstead top.
MR. H EATON. Q. How much of the bedstead could you see? A. I could see part of it up, and part of it lying about the room—I did not see any one on it—I never said that any one on the bedstead struck me in EDWARD BIRD WEARING. I am a broker, and live in Ward's-row, the eye.
Bethnal Green-road. I made a distress on the prisoner's premises about eleven or twelve o'clock on this morning—the prisoner was not there then—I left Barton in possession, and went again about five o'clock in the afternoon with Cardingne and Wooding, for the purpose of arranging the matter without seizing, but when I went in, the prisoner got up from his chair, and said, "Oh, you are come," and I think he said he would job my eye out if I offered to take a thing—I am not sure that was the expression, but I am sure he said something about the eye—he had a knife in his hand—that prosecutor said, "You must not do that," and the moment he said that the prisoner turned round, and said, "I will give it to you"—he immediateiy said, "I will serve one of you out then," and struck Cardingne on the side of the eye with the knife which had been lying on the cable—(I had shown him our authority—the table was close to him, and I saw the knife on it)—the wound bled very much—the prisoner kept wearing, and said be wished he had done for one of us—he was very violent—I went out directly and got two policemen, who took him into custody, or I think there would have been murder-his wife was in the room at the time the blow was struck—she was very violent all the time, and kept hagging him on to serve us out.
Cross-examined. Q. Who spoke first when you went in? A. He did—he jumped up, and said, "Oh you have come, have you"—I said, "Yet, we are come to arrange this matter if we can," but he would not hear anything—he said he would job out the eye of the first person that touched anything, and he said the first person that touched the goods he would run a knife into—he might have said that first, but I cannot say, for the woman made such a noise—he said many things—he also said he would do for one of us—he was very violent—he got up when we went in, and came forward, but did not come right up to me at once—there was a bed and bedstead in the room—the amount of the rent due was 11s. 6d.—there were two old bedsteads in the room, and some bed clothes on the floor—I had taken them down, and was going to throw them out of the window—the man had got the bedstead down before I got there I saw the bedstead distinctly as soon as I went into the room—I do not know that every one in the room could see it, for there was a kind of projection before it—the bedstead was part of the things distrained—It was a little stump bedstead, which takes all to pieces—there was a top to it—the rails were down—there were no tables or chairs—the bedsteads were worth about 4s. each—I will swear there was no child in the bed.
MR. HEATON. Q. Before he struck the prosecutor, had he struck him? A. Not at all—he had not done or said anything to provoke him.
JAMES WOODING . I am a cabinet-maker, and live in Ward's-row, Bethnal Green-road. On the 11th of September I went with Cardingne and Wearing to the prisoner's house, about five o'clock in the afternoon—
when we went in the prisoner was sitting in a chair, and said, "You are come, are you? I will job out the eye of the first man that dares take any of my things away"—the prisoner took up a knife from the table, and made a thrust with it—I rather expect it was intended for Wearing, but it caught Cardingne—Cardingne had said to him, "You must not do that"—I took up a piece of wood, and knocked the knife out of the prisoner's hand—It was a clasp knife—the handle was about four inches or four inches and a half long—I did not see the blade distinctly—I cut Cardingne on the top of the eye—he bled most tremendously—he moved, and leand against the wainscot to support himself-a policeman was sent for.
Cross-examined. Q. What things were in the room? A. Some chairs and a deal table—the prisoner was the first that spoke, I believe, when we went in—he said, "What, you are come, are you?" and he said he would job out the eye of the first man that moved any thing of his—I cannot say whether he said he would run a knife into the first person—he said a great deal—I did not look for the knife—I was afraid to stop, in case I should be struck with something myself—I believe the prisoner's wife made away with the knife-some bed-clothes laid down by the side of the bed—there was a boy in the room, eleven or twelve years old—I never saw him on the bed—he had not a bit of bedstead rail in his hand—I will swear that positively.
MR. HEATON. Q. Had the prosecutor struck or attempted to strike the prisoner, or done any thing to provoke these blows from him? A. He had not.
COURT. Q. What makes you think that the thrust was meant for Wearing? A. By his stating that he knew him well, and it seemed to be aimed rather in the direction of Wearing-Wearing was close by Cardingne—the prisoner said repeatedly he would die for one, he did not care which—that was while Wearing was gone for the police—I only suppose the blow was not meant for Cardingne, by its coming in that direction—Wearing was rather nearer to the prisoner than Cardingne—the blow was struck immediately on Cardingne saying that.
E. B. WEARING re-examined, I think the blow was intended for me, because he knew me.
SOLOMON HANNAN . I am a policeman. I was fetched by Mr. Wearing—when I got to the house I saw Cardingne and the prisoner—he was making use of violent language—he was given into my custody for stabbing the prosecutor in the eye—on the way to the station-house he said he did not stab the man, or that he did not stab him in the eye—the prosecutor was bleeding very much from the right eyebrow.
Cross-examined. Q. He was very much excited, was he not? A. Yes.
JOHN LEESON . I am a surgeon of the police, and live in Chigwell-street. On the 11th of July I was sent for to the station-house, but being engaged, my assistant went—I examined the prosecutor the following morning, and found a wound on the right eyebrow, which appeared to have been inflicted with a sharp instrument-if it had been half an inch lower his sight would have been lost—the bone was not injured.
Cross-examined. Q. Was there not a mark of a contusion round the incision? A. No, it was not a contused wound, it was an incised wound—there was not time for any contusion to have gone off—I should hardly
think a pint of blood could have been lost from the wound, but there might be a great deal.
MR. HEATON. Q. Could it have been done by a blunt instrument? A. It did not appear so—if it was a contused wound there would have been the appearance of contusion for some days after.
MR. HORRY called
SARAH HOOK . My husband is an awl-blade maker, and lives in Great Arthur-street—we have lived there twenty-four years—I did not attend before the Magistrate, in this case I was too late—I never saw the prosecutor till the day in question, when the prisoner's wife opened her window and called for assistance—I went directly to see what was the matter, and saw the prosecutor—the blood was running from his temple—he took up his handkerchief to wipe it off—I said to him, "How was this done, and who did it?"—he said, "The boy that was lying on the bed took up a stick, (or I believe it was a bit of the railing which goes across the tent-bedstead,) and he has hit me with it"—the boy was sitting on a chair when I went up—I said to him, Have you done this?"—he said, "Yes, I have"—the policemen came in, and the prosecutor spoke to them—I heard him saying something about some instrument which had been used, and when I heard him telling a false hood, I went up to him, and said, "What did you say to me just row?"—he said, "I said nothing to you whatever, you are a very false woman"—I mentioned to the policeman what he had said—the policeman to me, "Did you see the blow struck"—I said, "No, I saw nothing, I only know what he stated to me."
MR. HEATON. Q. Are you well acquainted with the prisoner and his wife? A. I keep a shop in the general line, and they are customers of mine—Wooding was present when the prosecutor told me this, and Wearing also—but they did not hear it—I dare say they were two or three yards from the prosecutor at the time he told me—I was very near Wearing—the room is very small—he spoke so that I could hear him—I do not know that the others could hear him—they were occupied with the prisoner respecting his money—they might have heard it—I cannot say—I heard it—my hearing is very good—the two brokers went out while I was chastising the boy for doing it—I do not mean beating him, but asking him how he came to do such a thing, and the two policemen came in—Hannan is one of them—I told him what the prosecutor had said to me, and both the brokers were present at the time—the boy was sitting on a chair at the time, by the side of his father—I believe he is about thirteen or fourteen years old—the prisoner's wife and son do not lodge with me, nor are they going to do so.
MR. HORRY. Q. When you went to the Magistrate did any body fetch you there? A. No—I went, thinking to do them a kindness, but the case had been heard.
SOLOMON HANNAN re-examined. Q. You have heard what that woman has said, is it true or false? A. I did not hear the prosecutor tell her she is a false woman, nor did I hear her say he was a false man—she told me that he had told her the boy did it—the prosecutor said the prisoner did it with a knife, and that was what he stated to me in the first instance.
MR. HORRY. Q. If he said, "You are a false woman," you were not in a situation to hear it? A. Yes, I must have heard it.
E. B. WEARING re-examined. The prosecutor never told that woman,
in my presence that a boy did it with a stick—he could not have told her so without my hearing it because we were all close together.
MR. HORRY. Q. You saw her there? A. I saw her just at the door—I do not think she was inside the place—Cardingne did not say any thing to her—I do not believe he saw her, for he was bleeding.
COURT. Q. Did the boy use a stick at all? A. No, I did not see him with a stick—he could not have struck a blow without my seeing it.
GUILTY . Aged 35.— Transported for Fifteen Years.
Fourth Jury, before Mr. Justice Vaughan.
2456. ANDREW MCCAFFREY was indicted for unlawfully, maliciously, and feloniously assaulting Patrick Murray on the 13th of August, and stabbing and wounding him upon his belly, with intent to maim and disable him; 2nd COUNT, stating his intent to be to do him some grievous bodily harm.
MR. HEATON conducted the Prosecution.
PATRICK MURRAY . I am a whalebone-bristle-cutter, and live in Green Anchor-court, Fore-street. I was at the Duke of Bedford public-house, in Golden-lane, about twenty minutes after eleven o'clock, on the night of the 13th of August, with my wife—the prisoner was sitting there when I went in—I was standing opposite the bar—I had not been in the house above two or three minutes when a row commenced between two men—the prisoner was not one of them, but he had a stick in his hand, and was going to strike a blow over one of the men's heads—I caught hold of the stick to prevent his striking the blow—we were scuffling for two or three minutes, and in the struggle I felt a pain in the lower part of my belly—I was then pushed out of the house by the barman—I saw a policeman outside, and told him what had passed—he went and examined in the passage of the next house, and I found I had been stabbed with a knife near the centre of my belly, alongside the navel—I had on a pair of moleskin trowsers—the stab was lower than the waistband of the trowsers, on the flap—I had never seen the prisoner before—I went with the policeman and gave the prisoner in charge in the public-house—Mr. Leeson's assistant saw me the same evening, and dressed my wound—I had blood on my shirt, which was cut through, as well as my trowsers—I was not able to do any thing for four or five days—I saw nothing of the knife before the scuffle.
Cross-examined by MR. DOANE. Q. Did the prisoner appear a stranger to your wife? A. That I cannot say—I do not know whether she knew him or not—I never heard her say she did—we have been married eight years—I never heard from her that she had any quarrel with him—she tried to get me out of the row as well as she possibly could—she did not strike the prisoner to my knowledge—I did not see it—I am given to understand it was the prisoner's son who was quarrelling and the prisoner was endeavouring to strike his son's opponent—I was sober—I had hold of the prisoner's stick, and he tried to get it from me—he pushed me against the wall—I did not see the point of the stick at all.
COURT. Q. Was it while you were struggling with him against the wall that your wife came to your assistance? A. Yes.
of Bedford public-house on the night in question, with my husband, to have a pint of beer, and saw the prisoner there—I had never seen him before, and had no knowledge of him—before we could call for the beer a row commenced with two men, and they began to fight—the prisoner had a black Stick in his hand, which he began to strike the other one over the head with—my husband went to lay hold of the stick, and the prisoner caught hold of my husband, and got him up against the wall—I saw the prisoner put his hand into his pocket—he had nothing in his hand then—I saw a black handled clasp-knife in his hand when he took his hand from his pocket—It was open at the time I saw it—seeing it open, I went between him and my husband, and in the scuffle the knife cut my wrist—the barman came, and put my husband out of the house—I did not know at the time that the prisoner had struck my husband with the knife—I did not see any blow struck with it—I followed him out—a policeman was passing at the time—I was not present in the passage—but as he came out of the passage of the adjoining house, I went with him to the public-house—he said he had been stabbed, and the prisoner was the man, and gave him in charge—my husband continued ill five or six days.
Cross-examined. Q. Is your mother's name Griffiths? A. No, prendergast—Griffiths is her name by my father—I never saw the prisoner before to my knowledge—I did not see him in July—I do not know that my mother had any wrangle with him—I swear that—I never said I would split his head open if I caught him in a public-house—I do not know where he lives—I know a person named Haley, in Golden-lane—I will swear I never had any quarrel with the prisoner, nor ever made any threat against him—I was never present when my mother had any quarrel with him—I went between the prisoner and my husband, when my husband was against the wall—I had been to that public-house with my husband before—we had never been turned out before—there were about eight or nine persons present when the struggle was going on—I do not know what became of the stick—I think the policeman has the knife—the prisoner said he wished my husband might bleed to death, as he went along to the station-house, and he said so twice in the station-house—he made a kick at my husband's lower parts, and I pushed my husband away from him—he did not put his hand into his pocket while he was struggling with the stick—he had not the stick in his hand when he had hold of my husband with one hand, and I saw him put his hand down into his pocket, and afterwards saw the knife open in his hand—I am quite sure it was open.
COURT. Q. Your wrist was Cut in going between them? A. Yes, when I went between them—I did not at that time receive a blow from any body else—the prisoner's son was in the public-house, but he did not strike me at all.
GEORGE WILKINSON (police-sergeant G 18.) On the night in question I was near the public-house, and heard a noise—I went towards it, and saw Murray—he made a complaint to me—I examined and saw a wound bleeding at the belly—we went into the next house with him—he pointed out the prisoner as having stabbed him, and I took him into custody—I found this black-handled knife in his waistcoat-pocket with another knife with a white handle—there was no blood on them—in going along to the station-house he said he wished the prosecutor might bleed to death.
prosecutor next morning—he appeared to have a punctured wound a few inches below the navel—a knife was very likely to hare made it—the bowels were not wounded, but if it had proceeded a little further it would have been mortal—it was very near the bowels.
Cross-examined. Q. Might it have been done by a sharp-pointed stick? A. No, I made several punctures with the stick, which has a point, and with the knife in the trowsers, and the original puncture seemed to be made with the knife.
(Thomas Weals, landlord of the Duke of Bedford; Edward Dedderige, the barman; Caroline Hislop, wife of a shoemaker in Harper-street; and Joseph Johnson, a gold and silver wire-drawer, gave the prisoner a good character.)
GUILTY on Second Count. Aged 42.— Transported for Fifteen Years.
First Jury, before Mr. Recorder.
2457. DAVID WATSON was indicted for stealing, on the 21st of August, 1 trowel, value 1s.; and 1 hammer, value 1s. 6d.; the goods of George Henry Groom: and 1 trowel, value 1s., the goods of William Hannaford:— also on the 23rd August, 1 square, value 1s.; and 2 bevels, value 4s.; the goods of Joseph Hitchen: and 1 square, value 2s.; and 1 bevel, value 2s.; the goods of Edward Mountain; to both of which he pleaded
GUILTY . Aged 15.— Confined Three Months.
GUILTY . Aged 31.— Confined Fourteen Days.
2459. JAMES HOWARD was indicted for feloniously breaking and entering the dwelling-house of Newsom Garrett, on the 13th of September; and stealing therein 2 pairs of ear-rings, value 2l. 10s.; and 2 breast pins, value 1s., his goods.
NEWSOM GARRETT . I am a pawnbroker, and live in Long-acre. On the 13th of September I left my shop to go a short distance—on returning I found the prisoner standing between two others, close to my shop-window, with his hands before him—I stood at the door about a second, and then went behind the whole three, and immediately separated then, one went up Long-acre, and the other two down—I observed my window was cut—I immediately pursued the prisoner, and gave him in charge—in the area under my shop I found some cards, one of which had contained a pair of ear-rings, some union pins, and another a pair of ear-rings, which had been taken from the window—there was nothing found but the cards—the prisoner's hand was bleeding, and cut across the knuckles.
Cross-examined by MR. PAYNE. Q. Which way did the prisoner run? A. Down towards the West-end—he was in Upper St. Martin's-lane when he was taken—he had only taken one turning—it was about one hundred and twenty yards off—another one ran with the prisoner from the shop—the prisoner said I was mistaken, he was not the person—a great crowd came round after I got hold of him, and I was knocked down among them, and some of them said what a shame it was to take a poor boy—it was not on seeing his hands bleeding that I gave him into custody—I was moving him away before I saw his hands—I think only his right hand was cut—these are the cards—(looking at them)—the ear-rings and
property are gone—the articles had been fastened to the cards, and must have been detached—the cards were not bloody—I never lost sight of the prisoner.
THOMAS BEIRNE . I am a policeman. About half-past seven o'clock in the evening of the 13th of August, I heard a cry of "Stop thief!" and found the prisoner in the middle of a mob—Mr. Garrett gave him into custody—the skin was cut off the fore finger of his right hand—the mob said, "What a shame it is to use him so! see how his hands are cut"—I did not find any thing on him.
Prisoner. The man knocked me down with a stick, and that made my hand bleed.
NOT GUILTY .
2460. MARY ANN EDWARDS was indicted for unlawfully, maliciously, and feloniously assaulting Martha Rose, on the 17th of August, and cutting and wounding her upon her left ear, and the left side of her head, with intent to maim and disable her.—2nd Count, stating her intent to be to do her some grievous bodily harm.
MARTHA ROSE . I am an unfortunate girl, and live in Mercer's-place, Match Walk, Shadwell. On Saturday, the 17th of August, I was at the Three Compasses public-house, Shadwell Market, a young man sat on the opposite side to me drinking rum-and-water, and I said, "Mark, give me a drop"—he told me to come over and take it—I went over, and was in the act of drinking out of the glass, when the prisoner came into the taproom, and said, "No one shall drink out of that," and threw it over me—I struck her, and took my bonnet into the skittle-ground—I returned to the tap-room, and found she was gone into the skittle-ground, and I followed her there again—we went out to the skittle-ground to fight it out—I did not see any thing in her hand—I asked her what she threw it over me for, in the skittle-ground—she made no answer, and I struck her again—I have no reason to think she got the knife on purpose to strike me—I followed her out to strike her—she struck me on the back of my ear, and wounded me—when she saw the blood flow from my ear, she said, "Hold on, for I have got a knife in my hand"—I understood her to mean for me to keep off—she then threw the knife down on the ground—it was a penknife—somebody pulled me away from her.
Prisoner. Did not I say, "Oh, if you are cut, come with me to the doctor's, it is your own fault"—I threw the knife down—you held me by the hair of my head, and beat me; and your witness struck me several blows in the skittle-ground. Witness. One of my witnesses struck her.
LOUISA POWELL . I was in the tap-room, standing at the door—the prosecutrix said to a young man, "Mark, give me a drink of that?"—he said "Come and take it"—she went to take it, and the prisoner went and threw it over her, then filled the glass and took it into the skittle-ground—Rose followed her and struck her again—I saw them both fighting again—I saw the prisoner strike her with the hand the knife was in—when she saw the blood flowing, she said, "Hold on, Pat, for I have a knife in my hand," and threw it on the ground—I did not see the knife when she first struck her.
LOUISA DARBY . I went into the skittle-ground, and saw Rose bleeding—one of the lodgers took her away, and said, "You are cut"—the prisoner said, "Hold on, I have got a knife in my hand"—she threw it down—I took it up, and threw it down the water-closet.
JAMES PORTCH . I am a policeman. I took her into custody—I said, "Are you the girl that stabbed the other girl?"—she said, "I know nothing of it"—I took her to the station-house—she said she would tell me all about it, that the disturbance arose from a young man that Rose took rum-and-water from, and she struck the girl, having a knife in for hand peeling a plum—Rose came into the skittle-ground and struck her.
DANIEL ROSS . I am a surgeon, and live in High-street, Shadwell. I examined the prosecutrix's head, and found an incised wound behind the left ear about two inches long, and dividing its course upwards—it would have been dangerous if it had been lower down—it was a severe cut—it had gone to the bone.
Prisoner. I throw myself on the mercy of the Court.
GUILTY of an Assault only. Aged 22.—Recommended to mercy.
Confined Six Months.
2461. WILLIAM DORRELL was indicted for burglariously breaking and entering the dwelling-house of Richard Auty, about the hour of two in the night of the 25th of August, at All Saints, Poplar, with intent to steal, and stealing therein, 2 pence, his property.
JANE AUTY . I am the wife of Richard Auty, gateman at the City Canal-gate, Blackwall, in the Parish of Poplar. On Saturday, the 25th of August, I was awoke by Meek early in the morning, and in consequence of what he said I looked at the window of the back parlour—a piece of canvas which had been nailed to the window, to secure it, was broken in two between the nails—the window had been fastened down for a long time previous—the prisoner had lodged in the house, and left on the Monday before—he had no right in my house on the night in question—I found a pair of stockings belonging to a young woman next door in my house after the alarm—I lost two penny-pieces out of my pocket at the head of the cradle on the ground floor.
JOHN MEEK . I lodge in the prosecutrix's house—I sleep in the front room, first floor. About two o'clock in the morning I was awoke by a basket opening, which stood at the foot of my bed, containing my clothes and my brother's—I alarmed Mrs. Auty, called for a light, and told her I believed there was somebody in my room, as I heard the basket lifted up—I jumped out of bed the second time, and on searching my room found the prisoner concealed under my bed—I pulled him out, and charged him with stealing a jacket which I had lost since he left the house on the Monday—he denied the charge, and said he came for a night's lodging—Mrs. Auty afterwards shewed me a pair of stockings.
JAMES KINGSET (police-constable K 204.) I was called to the house, and the prisoner was given into my custody, charged with breaking and entering the house—I asked him how he got in, after I brought him out—he said he got in at the back parlour window by forcing it up and breaking the canvas—he said he had left his shoes in the garden—the prosecutrix said two penny-pieces were taken out of her pocket in her room, and I found two penny-pieces on him.
Prisoner's Defence. I went into the house to get two suits of clothes which I had left there—I went in about nine o'clock at night—I was not under the bed, I was sitting down in the house.
MRS. AUTY re-examined. He did not leave any thing behind—he had
no clothes but what be stood up in, except one pair trowsers—I had no character with him.
GUILTY . Aged 19.— Transported for Ten Years.
WILLIAM HENRY THOMPSON . I am an attorney's clerk, and live in Upper Weymouth-terrace, Hackney-road. On the 10th of August, between seven and eight o'clock, I was in High-street, Shoreditch—I felt a hand touch me—I turned round and saw the prisoner's hand underneath my coat—I immediately collared him, held him till a policeman came op, and gave him into custody—I had hold of a friend's arm at the time—when I turned round I entirely lost sight of his hand for half a minute, and when I turned my head again I saw nay handkerchief lying immediately behind him.
(Property produced and sworn to.)
Prisoner's Defence. It was not me that had the handkerchief, and it was not me that did it—I know nothing about it—there were ever so many more people near.
MR. THOMPSON re-examined. There was nobody near enough to take it but the prisoner—he was very close to me, and it was impossible anybody else could have taken it.
(The prisoner received a good character.)
GUILTY . * Aged 17.— Confined Six Months.
ALFRED HICKS . I am pot-boy to Mr. James Perkins, at the Wellington public-house, Cornwall-street, St. George's. On the 19th of August, about half-past one o'clock, I went into the room where I clean the pott, and found the prisoner there putting a copper boiler into a bag—I asked what he was going to do with it—he told me to hold my noise, and he would make it right with me—he wiped his hands with the bag, and tried to pass the boiler more into the bag—he walked out of the room, leaving the pot behind him with the sack—mistress followed him, and asked what he was going to do there—he said he was going to do nothing, and to let him go, it was all right—a policeman was fetched—this is the pot—(looking at it)—it is my master's—it is used to boil the other pots in—the sack does not belong to the house.
Prisoner's Defence. It was a wet day, and I went into the public-house—the landlady saw that I had no bag in my,, possession—I went through into the yard, and was coming back wiping my hands with the bag when the pot-boy saw me—it is impossible I could bring that pot trough the house without people seeing me.
GUILTY . Aged 26.— Confined Three Months.
The money having been obtained by false pretences, the prisoner was
2465. JAMES LYTTLETON was indicted for stealing, on the 27th of August, 1 basket, value 1s., and 3 pecks of French beans, value 3s., the goods of John Clark. 2nd COUNT, stating them to be the goods of Charles Clark.
CHARLES CLARK . I live at the bottom of Cross-lane, Long-acre. On the 26th of August, a cart of goods belonging to Mr. Driver was left in my care in the market—a young man gave me information, and I went down James-street, and gave the prisoner into custody—the policeman took the basket of beans off his shoulder—he said a man gave him 2d. to take them home—at the station-house he said, "What do you give me in charge for?"—I said, "For stealing my master's property."
WILLIAM TIBBS . I live in Princes-court. I was in Covent Garden Market at half-past one o'clock in the morning, on the 26th of August—I saw the prisoner take a basket of beans from the side of Driver's cart, put it on his shoulder, walk under an archway, come out, and walk up James-street—I went and told the porter, who followed him.
Prisoner's Defence. I was standing at the bottom of James-street, a person came to me and said, "Young man, be so good as to take this for me"—I did not know they were stolen—I took the basket on my shoulder, and went up James-street, which is the most populous place in the market, and if I had known they had been stolen I should not have gone in among the gardeners and porters in the market.
GUILTY . * Aged 27.— Confined Six Months.
2466. JOHN GAGAN was indicted for stealing, on the 23rd of July, 2 coats, value 13s.; 3 shirts, value 9s.; 3 handkerchiefs, value 1s. 6s.; 2 pairs of stockings, value 2s.; 1 curtain, value 4s. 6d.; 1 violin, value 14s.; 1 bow, value 1s.; 1 music-book, value 2s.; and 2 night-caps, value 1s.; the goods of Samuel Collins; and that he had been previously convicted of felony.
SAMUEL COLLINS . I am a butcher, and live in New-street, Covent-garden. On the 23rd of August, I missed the property stated when I got up in the morning—it was safe the night before—the back door of my house is often left open at night—there is a yard behind, and a very high paling, and I thought it safe.
Prisoner. He said at Bow-street he lost three coats, and the policeman told him to say he had only lost two. Witness. I had various old coats lying behind a table, and am not certain whether I lost two or three—when the prisoner was taken he had two coats on—he got rid of one I suppose—I am certain I lost two, and these two are mine.
JOHN TALBOT (police-constable F 146.) I was on duty on the 23rd of August, about five o'clock in the morning, in Rose-street, Covent-garden, about fifty yards from the prosecutor's, and had occasion to go to a water-closet—I went through a house into the back yard, and saw the prisoner pull the door of the water-closet too—I waited a few minutes, and then the prisoner came out with a bundle under his arm—I asked how he came by it—he said it was thrown over a wall by a chap—I found two coats, three handkerchiefs, and other articles on him.
prisoner. He said he saw somebody throw the things over the wall.
Witness. I did not.
THOMAS CARTER (police-constable F 5.) On Sunday morning, the 25th, about half-past four o'clock, I heard of this robbery, and that there were more things missing—I went to the place mentioned, and down in the water-closet I found the violin, the bow, the music book, and two night-caps, which the prosecutor identified.
(Property produced and sworn to.)
prisoner's Defence. I was going to get a job at the market—I was taken ill my inside, and went into the yard—I had been there about ten minutes, and I was coming out, this bundle was thrown over the wall—the officer asked me what was in it, and I said I did not know.
JOHN BRADDICK (police-constable F 10.) I produce a certificate of me prisoner's former conviction from Mr. Clark's office—(read)—I was present at his trial in this Court in 1837—he is the parson there mentioned.
GUILTY . Aged 18.— Transported for Seven Years.
NEW COURT.—Thursday, September 19th, 1839.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 14.— Confined Three Months.
GUILTY . Aged 19.— Confined One Year.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 32.— Confined Six Months.
WILLIAM ROAKE . On the 25th of August I was in my master's bake-house, at Staines—I left my watch, seal, and key in my waistcoat pocket behind the door, when I went to dinner—I came back in about half an hour, and it was gone—I had seen the prisoner about the house that day—I found my watch myself by the causeway bank.
the watch, and said it would not go—I said it wanted cleaning—he did not leave it—I am sure this is the watch.
Prisoner's Defence. I bought it of a Jew.
GUILTY . * Aged 19.— Transported for Seven Years.
JAMES CUNLIFFE . I live in Duncan-terrace, City-road. On the 25th of August, I was in Goswell-street, walking between two ladies—I felt a snatch at my coat pocket—I looked behind and saw the prisoner with my pocket handkerchief in his hand—I left the ladies, and cried out "Thief"—I pursued him up a long dark street—I think it was Noble-street, and on turning the corner I lost sight of him for a moment, and the policeman caught him in the middle of the street—I saw him throw down the handkerchief—no one went back to look for it, that I am aware of.
Prisoner. Q. Did you not deny knowing the colour of the handkerchief? A. did not recollect what handkerchief I put into my pocket, but I saw him with the same handkerchief—it was done so momentarily, he had hardly got it in his hand—I am certain it was mine.
GEORGE GREY . I am a painter, living at Mr. Hickson's, in Cheapside About half-past eight o'clock that night I was in Long-lane, and saw the prisoner attempting to pick a gentleman's pocket, which induced me to watch him and a companion he had with him—I followed him up Goswell-street—he walked back again and stopped at the corner of Barbican—he then followed the prosecutor, and went close behind him—I did not see him take the handkerchief.
Prisoner. Q. Where were you? A. On the opposite side of the way.
Prisoner's Defence. I was drinking at a public-house at the corner of Noble-street—I heard "Stop thief" called, and ran up Noble-street—this policeman caught me in his arms—the prosecutor came up and said I had picked his pocket.
(John Mole, of Clerken well-green, gave the prisoner a good character.)
GUILTY . ** Aged 21.— Transported for Ten Years.
MR. HORRY conducted the Prosecution.
THOMAS CURRY . I was in King William-street, on the 12th of August, and saw the prisoner standing at the corner of a court at the side of the prosecutor's shop—he walked past the window, then returned, and as he came back another young man came out of the prosecutor's shop with a roll of cloth under his arm—he crossed, and went down Crooked-lane—I told the shopman.
Cross-examined by MR. PAYNE. Q. How long after the young man carried away the cloth did the prisoner go away? A. Two or three minutes—I did not see him with the young man before be came out.
SAMUEL MILLER . I am a butcher, and live in Ropemaker-street. On the 12th of August, I was near Tenter-street—I saw the prisoner and a I person not in custody—the prisoner had got a roll of cloth under his arm—this is part of it—I have known him three or four years—I do not know there he lived.
Cross-examined. Q. Are you a good judge of cloth? A. No; this is the same sort of cloth, as far as I can judge.
MR. HORRY. Q. Could you tell whether it was buck-skin or cloth? A. No; it was striped cloth, like this.
JOHN CAKEBREAD . I am a porter of Mr. Pottinger's. At half-past seven o'clock on the 12th of August, I was sweeping the shop—Carry came in and spoke to me, and I missed eighteen yards and a half of buck-skin kerseymere, worth 6l. 9s.—this is it—I found it at the pawnbroker's.
Cross-examined. Q. Is there any mark that you can swear to it by? A. I know it by the quality and pattern and the list—I never saw any like it.
Cross-examined. Q. Do you know the female? A. Yes, as a customer—I could find her.
JAMES BRANNAN (police-sergeant G 20.) I was in plain clothes by the station-house door, and saw the prisoner in a broker's shop—I told him he most consider himself in my custody for stealing a piece of cloth from King William-street—be said "That is in the City"—I asked where be lived—he said, "3, Crown-court, Golden-lane"—I went there, and saw a man, who said the prisoner lived at No. 10, Featherstone-court, where I went, and found a female, and the duplicate of this cloth.
HARRIET HAYWARD . I am the wife of a policeman. I am the searcher at the station-house in Featherstone-street—a female was brought indirectly after the prisoner—he was in No. 1 cell, and I was in No. 4, with the female—Nash called out, "Curry," and she answered—he said, "Did Brannan get there before the old man?"—she said, "Yes"—he said, "Did he get all the sack?"—she said, "Yes, all the tickets," and he said, "Then there is a ticket for me, I thought you had known better."
Cross-examined. Q. When she was asked if Brannan got there before the old man, did she not say, "No?" A. No—she said, "Yes."
NOT GUILTY .
WILLIAM CONSTABLE . I live in Tottenham Court-road. On the 25th of July I saw this cotton safe about half-past three o'clock—I did not miss it till it was brought back about half an hour after—it has my private mark on it.
Cross-examined by MR. PAYNE. Q. Where was it? A. Three feet inside the shop—it could not be reached without coming inside.
THOMAS MOORE (police-constable E 61.) On the 25th of July I saw the prisoner go to the shop, and come out directly with a piece of print—she was stopped by Neagle, who took it from her, she then ran away, but was stopped by an officer.
Cross-examined. Q. Did she go before the Magistrate? A. Yes—she
was remanded till the 29th, then till the 31st, and then discharged—Neagle was not present.
Cross-examined. Q. Was there more than one person? A. There was—I am sure the prisoner had the print—I saw her again the same day, at the station-house—I did not appear before the Magistrate, as I thought when the man got his property it was enough—I get my living by selling fruit—I am a housekeeper, and pay 38l. a year.
GUILTY . Aged 20.— Confined Three Months.
CHARLES CRUMPTON . I am a constable of the West India Docks. On the 22nd of August, Sanns Myers came to pass his luggage—he told me that was his name—the prisoner stood by—after the luggage was examined, I heard Myers say he had lost 3s.—he said to the prisoner, "I suspect you"—I then asked him his name, and took it down in the presence of the prisoner—the prisoner said, "I have not got it, you may search me"—I asked the prisoner how much money he had about him—he said three halfpence—I searched him, and on taking off his hat the 3s. dropped down on the ground—I asked how he accounted for that—he said he took it off the chest on board the Jane, which was lying in Black Wall basin—Myers said it had been lying on the chest with his jacket over it.
Prisoner's Defence. I was on board the ship, and had a job to carry the things for 1s.—the man went on shore—I found the 3s. on the chest, and took it up.
NOT GUILTY .
JOHN DUNN . I am a gas-fitter, and live in Newcastle-street, Strand—the prisoner was my apprentice for eighteen months. On the 21st of August, from information, I went to the shop of Mr. Pitt—he produced some parings of metal-pipe—here are seven bits of it—I believe them to he mine.
RICHARD PITT . These were brought to me by the prisoner, for sale, on the 20th of August—I asked where he got them—he said he took them from a house where his master was working, in the City, and it was his property—it appears to be new pipe—if I had bought it I should have given 8d. for them—he might imagine it was of no use, or that it was his perquisite.
NOT GUILTY .
GUSTAVUS FOSTER . I live in Bridgewater-gardens. On the 24th of August, at half-past ten o'clock, I met the prisoner selling water-cresses—I bought 1d. worth—he gave me the water-cresses, and I gave him, as I thought, a penny-piece—I went back to him directly, and told him I had given him a half-crown, and asked him for it—he said I had given him
half-crown—after asking him several times, he said, "This is the penny you gave me," taking a penny out of his waistcoat pocket—I said I was certain I had given him a half-crown—he said, "Search me"—I said I did not wish to search him, hut I knew he had got it—he took some water-cresses out of his basket, and asked me to feel in, and he said he had only got two pockets—I followed him up White Cross-street, and gave him in charge—he was searched, and some halfpence found on him—he said he had no more—Findley searched him, and found the half-crown in his watch-pocket.
Cross-examined by MR. PAYNE. Q. Was this about half-past ten o'clock at night? A. Yes—I turned to go away—I had the half-crown and penny piece in my hand—I never get drunk—I was not thinking at the time, but I thought I had the penny first.
GEORGE FINDLAY (police-sergeant C 4.) The prisoner was brought to the station-house—he turned his money out on the table, and after that lot basket was searched—it was not found there—I asked if he had any more money—he said he had not—I found the half-crown in the fob of in trowsers—he said he did not steal it, it was given to him.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Ten Days.
SAMUEL MOON . I live in Marshman-street, Westminster. I found the prisoner in my father's scullery on the 24th of August—I gave him in charge, and found a shirt was missing off the shelf in the scullery. I saw it token from the prisoner's back at the station-house.
Prisoner's Defence. I do not know how the shirt came on my back—I exchanged my shirt for a better—if it was his, he was welcome to have it.
GUILTY . * Aged 49.— Confined Six Months.
2479. WILLIAM TOWLER was indicted for stealing, on the 8th of July, 2 coats, value 2l. 10s.; 3 waistcoats, value 1l.; 2 handkerchiefs, nine 5s.; 3 shirts, value 2l.; 5 pairs of stockings, value 14s.; 2 pairs of trowsers, value 1l. 10s.; and 1 pair of buckles, value 4s.; the goods of Benjamin Delessert.
MR. BODKIN conducted the Prosecution.
THOMAS HARRISON (police-sergeant D 13.) From information on the 22nd of August, I went to No. 8, Croydon-street, and found the prisoner living in the back room, first floor—I knocked at the door—he opened it—I asked him if he lived at Dr. Ashburton's, No. 55, Wimpole-street—he said he had—I said the doctor had been that night to the station-house, and said he had taken some shirts—he said, "I have some old shirts, or linen, I took them, I thought no harm of it"—I went into the room and saw a shirt on a chair, which he took up, and put into a wooden box—I said, "What is that?"—he said "That amounts to nothing, it is my own"—be then took another shirt out of a half-box, marked "B. D. 39."—he took piece of paper out of the same box, and in that was another shirt, marked "B. D."—I took possession of both—he locked the door and gave me the key himself—I took him to the station-house—I went the next morning to the room with one of the prosecutor's servants, and found
the articles stated, which I produce, and a pair of steel buckles, that were all claimed by Mr. Delessert—these are them.
Cross-examined by MR. PRENDERGAST. Q. You had received information? A. Yes, from the Inspector—there is one new shirt—he did not say he was going to return it, as it was brought away by mistake—it was tied up in a piece of paper in the same box with the others—the other shirts are not old—he did not tell me one had been given him by Mr. Delessert, nor that he understood Mr. Delessert would not wear them again.
Cross-examined. Q. Did he not say that he had it from a gentleman he was living with? A. He said his master gave it him—I have not seen him wear it.
BENJAMIN DELESSERT . I am a friend of Dr. Ashburton's, and lived in his house—the prisoner attended on me as valet—he had access to the property—I never gave him either of these shirts—they are worth about 8l.
Cross-examined. Q. What is the value of that coat? A. I cannot tell—I did not know where he was to be found—I heard from Dr. Ashburton that he had been there that day, but I do not know in what coat he came—I told him some of these shirts were to be mended—I did not tell him they were not worth mending—I told him to show them to the maid to see if they were good enough to be mended—I cannot say how long ago it was.
HARRIET KIBET . (examined by MR. PRENDERGAST.) I am in the service of Dr. Ashburton. The prisoner came to our house on the 21st of August, about a character—I saw him come once or twice after he left—he never came further than the door—I do not know what coat he came in—I have seen Mr. Delessert have this coat—I believe the prisoner came in a coat of this colour—I told him he had some of Mr. Delessert's shirts—he denied it—he owned afterwards that he had one, and if I would not tell his master, he would bring it back—he did not say that Mr. Delessert gave him these shirts.
Crass-examined. Q. Was it brought to you while he was in Mr. Delessert's service? A. I do not mean to say that—here is another coat that I had mended for him before this one.
GUILTY . Aged 21.— Confined One Year.
CHARLES HANDLEY . I am a brass-founder, and live in Berwick-street. The prisoner has been occasionally employed by me for the last two years—I have lost sixteen feet of copper pipe—this is it—it was the centre of star, and was in my warehouse—I received information, and met the prisoner with the pipe on him—I brought him to my shop, and sent for a policeman.
CHARLES BELL . I am a coach painter, and live in North Wharf-road, Paddington. About eight o'clock in the evening of the 20th of August I saw the prisoner come out of the prosecutor's warehouse, with this pipe in his hand—I followed him down the yard, to the prosecutor's house—he Paddington. About eight o'clock in the evening of the 20th of August I saw the prisoner come out of the prosecutor's warehouse, with this pipe in his hand—I followed him down the yard, to the prosecutor's house—he
put the pipe against the rails outside—he went in and spoke to the prosecutor came out again, picked up the pipe, and went away—I sent a man after him—I went and told the prosecutor—he came Out, and we met the prisoner with the man, and the pipe—the prisoner offered the prosecutor the pipe—he said he would not take it.
(The prisoner pleaded poverty.)
GUILTY . Aged 22.— Confined Three Months.
MR. PRENDERGAST conducted the Prosecution.
WILLIAM MARSHALL . I am in partnership with my brother Thomas—we are bakers at Heston. The prisoner was in our employ—on the evening of the 5th of September, about ten o'clock, I went into the bread-room, and found eight loaves secreted under the corner of a shelf, and a box placed before them—my brother and I marked them, and replaced them—about five o'clock the next morning I observed the prisoner go into the bread-room—he came out, with his lap full of bread, and went in the direction of the yard, where the cart was under cover—I did not see any thing more till seven o'clock that morning—I then went into the yard, aid found the bread on the tilt, which was hung over the cart, and covered with sacks, and there I found ten loaves—I then examined my stock, and found there were two more loaves gone besides the eight—the prisoner generally goes out about ten o'clock—he came round with the cart to the front door—I called a neighbour, and made some inquiry of him—I told the prisoner he was robbing me—he denied it—I got up in the cart, and found the ten loaves there in the cart—he said it was the first time, and if I would for-give him he would never rob me or any one else.
Cross-examined by MR. ADOLPHUS. Q. What is the mark you put on the bread? A. A small ticket, with my brother's initials and my own—this ticket is my brother's hand-writing—he is not here.
JOSEPH NEWMAN . I was called on the morning of the 6th of September to look at something—I saw the loaves on the cart—the prisoner said he was sorry for what he had done, he hoped Mr. Marshall would forgive him.
(The prisoner received a good character.)
GUILTY . Aged 31.— Confined Three Months.
MR. DOANE conducted the Prosecution.
WILLIAM SEDGWICK . I am a partner in the firm of John Howell and three others—our house is in Regent-street—it is our dwelling-house, and is in the parish of St. James, Westminster. The prisoner came to us in February last, as town traveller—for some reasons, on the 19th of August, at seven o'clock in the evening, I paid him his wages, and sent him off.
Cross-examined by MR. CLARKSON. Q. You discharged him on the
instant? A. Yes—as town traveller it was part of his duty to take out the goods, to leave at the houses, on sale or return, to the people who were customers, whose names were given to him—he might have shown goods to other persons—the goods remained with the persons two or three days, or sometimes longer—they should not be left more than four or five days—the town travellers take them from the counter themselves—if a person had not made up his mind whether he would take an article or not the traveller was not to communicate it to me—provided he accounted for it, or the property was forthcoming, I should be satisfied—this lace does not bear my shop mark, but the shawl does—I discharged the prisoner on the Monday night—I did not make any demand till I saw him at the station-house.
MR. DOANE. Q. Was it his duty, after you had discharged him, to take goods from your counter? A. No, not to take the lace, or any other articles.
HENRY ASBRIDGE . I am in the prosecutor's service. I remember the prisoner being discharged about seven o'clock that Monday—I saw him leave the premises about a quarter to nine o'clock—he had a brown paper parcel under his arm—I saw a brown paper parcel the next morning similar to the one he took out—I cannot swear to it.
Cross-examined by MR. PAYNE. Q. Did he conceal it? A. No, he carried it in the usual way.
GEORGE BAILEY . I keep the Unicorn public-house in Jermyn-street, which is very near the prosecutor's in Regent-street. On Monday, the 19th of August, about nine o'clock in the evening, the prisoner brought a brown paper parcel to my house, and as he left he said, "I will leave this parcel here till the morning, and then I will call for it"—I took charge of it—I saw Mr. Parker in the evening, and gave it to him.
Cross-examined by MR. CLARKSON. Q. Is it unusual for young men to leave parcels? A. Not very—both the prisoner and Parker used to dine there sometimes.
JAMES WILLIAM PARKER . I am in the prosecutor's service. I received the parcel from Mr. Bailey—it contained three pieces of lace, one of which was 7 1/2 yards, which has our mark upon it—the value of it is 5l.—here is the shawl, and some gloves—they are altogether worth more than 10l.
Cross-examined by MR. CLARKSON. Q. Were they in the rumpled state they are now? A. Yes—I may have said I would rather give 50l. than come here, but not more than once—may be I have said so, but I do not know to whom—I have succeeded to the prisoner's place.
WILLIAM JONES . I work for Messrs. Whitbread and Co., and live in Red Lion-square. On Tuesday, the 20th of August, about eight or nine o'clock, the prisoner came to me and brought his boxes and two bate, and left them there, and said he would be there in the evening—they were left in the first floor, where I live—no one had access to that room after the prisoner put his boxes there but my wife's niece and myself—Callaghan came there—he found something in one of the hats.
(John Stirling, a warehouseman, of Conduit-street; Thomas Gallin, of Burlington-arcade, an engraver; Thomas Powell, of Farringdon-street, and William Jenkins, gave the prisoner a good character.)
GUILTY . Aged 27.— Transported for Ten Years. (There were three other indictments against the prisoner.)
MARY EAST . I am the wife of Zachariah East, and live in Domingo-street, St. Luke's. On the 29th of August, I went to fill my tea-kettle in the back-yard—I put it down while I went into the kitchen—I came up in about five minutes, and the kettle was gone—I received information, went out and met a girl coming back with the prisoner—this is my kettle—I know it because I keep a pebble in it to keep it from furring.
(The prisoner pleaded poverty.)
GUILTY . Aged 38.— Confined Six Months.
JOSEPH GRIFFITHS . I am a brewer. The prisoner was my drayman, and received money for the beer which he delivered—if he received 18s. on the 19th of June, he has only paid me 9s.—if he received 9s. on the 22nd of July, or 4s. 6d. on the 9th of August, he has not paid them—he ought to have paid me.
Prisoner's Defence. I acknowledge appropriating it to my own use, but not with a felonious intent—I was in distress, and had my goods seized for rent.
GUILTY . Aged 35.— Confined Six Months.
GUILTY . Aged 35.— Confined Three Months.
2486. RICHARD ROBINSON was indicted for stealing, on the 17th of September, one saw, value 2s. 6d., the goods of Ann Porter; 2 brushes, value 3s.; one pair of gloves, value 6d.; and one needle-box, value 1s., the goods of Thomas Young, to which he pleaded
GUILTY . Aged 28.— Confined One Month.
GUILTY . Aged 33.— Confined Three Months.
Sixth Jury, before Mr. Sergeant Arabin.
2488. THOMAS SMITH was indicted for stealing, on the 1st of August, 2 jackets, value 10s.; 1 waistcoat, value 2s.; and 1 shot-bag, the goods of Frederick Llewellyn: 1 musical-box, value 1l.; 1 watch, value 1l. and 1 brush, value 8d., the goods of Edmund Roberts: also, on the 23rd of August, 1 sheet, value 5s.; 1 blanket, value 10s.; and 1 counterpane, value 15s., the goods of James Armitage; to both of which he pleaded
GUILTY . *** Aged 33.— Transported for Seven Years on each Indictment.
2489. WILLIAM WIGGINS was indicted for embezzling the sums of 2s. 10 1/2 d., 4s. 11 1/2 d., and 2s. 6d.; also, on the 14th of May, 2s. 10 1/2 d., the monies of George Shepherd, to whom he was servant; to both of which he pleaded
GUILTY . Aged 18.— Transported for Seven Years.
2490. EDWARD MOLTON was indicted for stealing, on the 3rd of September, 1 pair of stockings, value 6d.; 1 apron, value 4d.; 1 petticoat, value 1s. 6d.; and 1 necklace, value 1s., the goods of Mary Jones: and AMELIA TAUNTON , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MARY JONES . I live in Upper York-street, and am single. On the evening of the 2nd of September, a little boy, five years old, who was with me, had a bundle containing the articles stated, which I was going to take to the Western railroad—the bundle was lost between Fisher-street and Praed-street—I afterwards went to a house in Pearsall-street, and saw the prisoner Molton—I asked him for the bundle—he said he had picked it up, but had not got it, a little boy had fetched it.
ANN HALFORD . I am the wife of Joseph Halford—on the evening of the 2nd of September, between six and seven o'clock, I was going down Praed-street, and saw something white at a distance—I came up to it—it was a small bundle—I was going to take it up, when Molton said, "Hey, Mrs., that is mine, I dropped it"—a white necklace fell out of it, which he took up, and put in again, and ran across the road with the bundle—be went into No. 9, Pearsall-street—I went on and met the two children (the prosecutrix and the little boy)—I took them to the house that Molton went into—I saw a woman there—I asked her where the man was who came in with a bundle—she said there was no man in the house but her husband—she made Use of very low words, and was going to strike me—I was going away, when a person came down stairs, and said, there was a person in the water-closet—I waited, and Molton came out—I asked him where the bundle was that he had picked up—he said, a little boy had fetched it.
JAMES BROWN (police-constable T 134.) I heard of this, and went to the Bank public-house—I saw Molton there—I asked if he had seen any thing of the bundle, he said "No, I have seen nothing of it"—when we got him outside, he said he had given it to a little boy in the street.
ALFRED BLUNDELL (police-constable T 24.) On the 2nd of September I went to No. 9, Pearsall-street, I found the prisoner Taunton there—I asked if she knew Edward Molton, she said she did not know any such person—I said, "I suppose you know what I have come about? about—a bundle that was brought in here"—she said, "I know nothing about it"—she was twisting her hand about—I said, "What have you got in your hand?"—she said, "My child's bead"—I said, "Allow me to shew them
to the little girl"—I showed them to the prosecutrix, and she said they were hers—I went into the room again, and found these stockings and this petticoat on the table, and this apron on the chair—I took Taunton to the station-house.
Molton's Defence. I was tipsy, or I should not have owned the bundle.
NOT GUILTY .
2491. WILLIAM VINE was indicted for stealing, on the 2nd of September, 1 quadrant, value 1il.; 1 jacket, value 1l. 10s.; and 1 coat, value 10s., the goods of Daniel Brown, his master, in a vessel in a port of entry and discharge.
DANIEL BROWN . I am master of the vessel, called the Lion, which was, on the 2nd of September, in the West India Export Dock, where I arrived on the 11th of August. About the 23rd of August I engaged the prisoner in the Dock as chief mate of my vessel, which was about to go to the West Indies—he came on board on the 24th, as near as I can tell—he went on with his duty until the 7th of September—he came to me that morning, and said, a person I had been in treaty with, Would take a passage, and he wished me to go to his office, which I did—when I returned to the vessel in the evening, the prisoner was gone—I missed a set of sails and other things—I think the prisoner was brought back on the following morning—I saw this quadrant, coat, and jacket, at the office—they are mine, and had been in the state-room, on board the vessel.
Prisoner. I was very much in liquor, or I should not have taken the things.
GUILTY . * Aged 27.— Transported for Ten Years.
(There were two other indictments against the prisoner.)
WILLIAM FREEMAN HETHERINGTON . I am in partnership with my father—we are stable-keepers in Connaughtrterrace—the prisoner was in our employ for three or four years, as a helper. On the 23rd of August, Mr. Blackwell, a saddler, in Oxford-street, gave me inforraatioa—I went there and found this collar and roller, which I believe are mine—the next morning I sent for an officer, and the prisoner was brought into the room—I told him I believed the collar and roller to be mine, and that he had taken them—he said he had, that he was the worse for liquor, and did not know where he had sold them, but he sold them to John Warner.
JOHN WARNER . I have been a coachman, but am now out of service. The prisoner came to me one Saturday, in a familiar way, and said, "Jack, here is a head-stall and roller"—I gave him 1s. 6d. for them, and sold
them for 2s. 6d.—I did not know the value of them—I hardly looked at them.
WILLIAM HOOKER . I am a policeman. On the 24th of August I was called in—this head-collar and roller were on the table—the prosecutor said he should give the prisoner into custody, and the prisoner said, "I certainly did take them, I am very sorry for it—it is the first time;" but in going to the station-house he said, "I know you have lost a great many things, I suppose I shall be blamed for the whole."
GUILTY. Aged 37.—Recommended to mercy. — Confined Six Weeks.
2493. ELIZABETH GOODYEAR was indicted for stealing, on the 28th of August, 2 shirts, value 2s.; 4 handkerchiefs, value 3s.; 1 waistcoat, value 2s.; 1 bonnet, value 3s.; 1 shilling, and 13 pence; the goods and monies of Ann Goodyear.
ANN GOODYEAR . I am a widow, and live in York-street, Westminster, The prisoner is my daughter—she was not living with me on the 28th of August—I cannot say how she got her bread or where she was at that tin—I went out on the 28th of August, at seven o'clock in the morning, leaving the property stated locked in a drawer in my room—the room door was not locked—I returned at eight o'clock in the evening—my draws was locked then, but the property had been taken out, I cannot tell how—I had seen it safe there in the morning, before I went out—I found some of it at the pawnbroker's.
MARY ANN GOODYEAR . I am the daughter of the prosecutrix, and am nine years old. The prisoner is my sister—I remember my mother going out at seven o'clock in the morning, on the 28th of August, and at eight o'clock in the morning the prisoner came to my mother's room—I went out, and left her there for about an hour—she was there when I came back—she went away afterwards.
I have two shirts and two handkerchiefs, pawned by the prisoner on the 28th of August, in the name of Ann Williams.
Prisoner's Defence. I am not guilty—I have been turned out several times—when I go near my mother she accuses me of taking things.
GUILTY. Aged 19.—Recommended to mercy by the Prosecutrix.
Transported for Seven Years.
MR. DOANE conducted the Prosecution.
JAMES TRAIES . I live in Greyhound-row, Kensington Gravel-pits, and am a tin-plater. On the evening of the 2nd of September the prisoner came to my shop, and asked if I bought pewter—he produced these two pots to me, with the prosecutor's name on them—I gave him in charge—he said he had picked them up.
to my house, and I served him in the tap-room—he bad two such pots as these to drink out of.
GUILTY . Aged 30.— Confined Six Months.
2495. ELIZABETH BURRIDGE was indicted for stealing, on the 16th of March, 2 sheets, value 8s.; 2 blankets, value 10s.; 2 pillows, value 8s.; 1 rug, value 4s.; and 1 saucepan, value 1s. 6d.; the goods of William Fight.
MR. DOANE conducted the Prosecution.
WILLIAM FLIGHT . I am a coachmaker, and live in Wild-street, Drury-lane. I let a room to the prisoner six or seven months ago—she staid three or four months, and went away nine or ten weeks ago, without giving me notice—she was to have paid me 4s. a week—she took the key of the room with her, and owed me 14s.—she left the room locked—after she had been away three or four days I went into the room, and missed the articles stated, which had been let to her with the lodging—these blankets and sheets are mine—the rest of the property I cannot find.
Prisoner. He might have his money any time he chose—he knew where to find me and my agent—I offered to take the things out for him.
Witness. I did not know where to find her—I knew there was a place in Bishopsgate-street where she used to receive 10s. a week—I went there three times, and waited for her, and found her at last.
JOHN FORRESTER . I am a policeman. I took the prisoner—she told the prosecutor she would get the things if he would give her time—she told him she had a box at Mrs. Sullivan's, and the property in it was his—I went to Mrs. Sullivan, who said she did not know the prisoner—I went there again with the prisoner, and found the box with some duplicates in it.
Prisoner. She lent me 6d. on six duplicates, and said she would take care of some property which I left there.
Prisoners Defence. The prosecutor has got the principal part of his property returned—I did not abscond—I retained the key, with the intention of returning, and but for the interference of my agent it would have been so—I wrote to Sullivan to take care of the tickets.
(The prisoner received a good character.)
GUILTY . Aged 60.— Confined Six Months.
FREDERICK DANIELI . I am the son of Charles Danieli, a general salesman, in Oxford-street. About half-past seven o'clock, on the evening of the 26th of August, I was at the shop-door—this glass was just at the end of the. window railing—I saw the prisoner take it, and go
away with it—I followed and came up with her about fifty yards off with the glass, at the corner of Bond-street—she asked me to forgive her.
Cross-examined by MR. DOANE. Q. Were there a great many articles in front of the shop? A. Yes.
(The prisoner received a good character.)
GUILTY. Aged 28.—Recommended to mercy. — Confined One Month.
ELIZA HEPPENSTALL . I am wife of Robert Heppenstall, a master mariner, and live in King-street, Stepney-fields. The prisoner came to me on the 15th of July, as servant—on the 7th of August my husband gave me fifteen sovereigns—they were very bright, for he had brought them from the Bank—I put them into my desk—I missed one the next day—I told the prisoner of it, but had no suspicion of her—she seemed concerned, and endeavoured to recollect what money had been changed—she afterwards said Mr. Constable (who was our baker) had said she was the girl who brought a bright sovereign to change—this gave me some suspicion, as I had not seen her with bright sovereigns at all, and no sovereign which I had given her was bright—my little girl came to me, and said, "Charlotte has picked up a new shawl"—I went to her, and said, "What is this?"—she pulled a new shawl out of her pocket, and said she found it in Jubilee-place—I said, "You are a very fortunate girl"—she said, "Yes, I always was; I once found some beads"—I searched her box, and found two pairs of gloves, and other things, but no sovereign—I called her up, and told her how bad a girl she had been, she being the cause of another person being discharged—she said she had been well brought up, and loved her Bible; but at last she gave me some intelligence about the sovereign, and said that 5s. of it she had spent in fruit and rubbish, 5s. she had thrown down the water-closet, and 10s. she had buried—she went out with one of my daughters, and could not find it, she went out again, came back, and said she had found it where she had hid it, but on the Monday following she said she had taken the whole sovereign to a woman in Whitechapel.
Prisoner. That is the truth.
SUSANNAH STERNE . I live with my mother, in Burke-row, Whitechapel. I have known the prisoner two months—one Thursday, about a month ago, she came to my mother's—she came up stairs, and threw down a sovereign, and said she had found it—it was a new one, quite bright—my mother gave her the sovereign when she came again, and told her to take it home to her mother.
GUILTY . Aged 18.— Transported for Seven Years.
(There was another indictment against the prisoner.)
MR. DOANE conducted the Prosecution.
HENRY FLEMMINGS . I am in the service of William Sturges, who keeps the White Horse public-house, in North-street, Fitzroy-square, St. Pancras. About two o'clock in the day, on the 31st of August, I looked out of window, and saw the prisoner standing under the place where clean my forks—I saw him go into the kitchen—he went to the table
where we had just had our dinners, took a spoon from a dish, and put it into his jacket-pocket—he went to the knife-box, and took u panother spoon, and put that in his jacket pocket—he came up stairs, and I stopped him—he asked what I wanted—I said, "The spoons"—he said, "I have got no spoons"—I went for a policeman, and the spoons were found.
(Property produced and sworn to.)
GUILTY . Aged 18.— Confined Six Months.
MR. DOANE conducted the Prosecution.
WILLIAM MARSHALL . I am a coal heaver, and live at Brentford. On the 15th of September, about nine o'clock at night, I was at Brentford fair—the prisoner was standing near me—I felt somebody at my pocket—I looked, and saw the prisoner's hand in my right-hand trowsers pocket, in which was a crown-piece—I am not certain whether I had a shilling or not—I laid hold of her hand, and told her she had put her hand in my pocket, and taken a crown-piece out—she said she had not, and was very abusive—I gave her to the policeman—I saw him find a crown-piece in the same hand which had been in my pocket—she tried to throw it away several times—this is my crown—I never spoke to her till I found her hand in my pocket.
JOHN HANSLOW . I am a policeman. I was called by the prosecutor—he said the prisoner had robbed him of a five-shilling piece—I took her, and found in her hand a crown-piece—she gave no account of it then.
Prisoner. Q. Did he not tell you he gave me 6d. to go with him? A. No.
Prisoner's Defence. He came to me, and asked me to go with him for a walk—I went, and then he asked what he should give me, I said 5s., which he refused me at first, and then he gave it me—he gave me 6d. beside—he then said, if I would give him half-a-crown back, he would say nothing about it.
GUILTY . * Aged 20.— transported for Ten Years.
MR. DOANE conducted the Prosecution.
CHARLES HENRY MEAREY . I am apprentice to Mr. Richard Masters, a draper, at Hammersmith. About four o'clock in the afternoon of the 31st of August, the prisoner came for a pair of stockings—I showed her seven pairs in a packet, at 9 1/2 d., and another which had thirteen pain, at 1s., one of which she selected, and put outside—she then wanted some print, which was at the other end of the shop—I went for it, and she followed after me—she bought some of the print—while I was doing up the print she went for the stockings, and brought them, she held them up, and asked if they were the stockings—I said they were—I put them and the print up in a piece of paper—she paid, and went away—after she was gone I looked at the packet that had had thirteen pairs in it, and there were only eleven.
and took up another pair and put into her apron—after she was gone I told Mearey, and then he missed a pair.
JOHN HAWSON . I am employed by the prosecutor. I went out after the prisoner—I did not find her at first, but after that I saw her go to another shop—I went and asked her how many pairs she had in her apron—she said one pair—the policeman, who was in the shop, undid her apron and one pair fell from her, and another pair was wrapped up with the print.
ROBERT FELLER . I am a policeman. I was in the shop, and saw the stockings found—in consequence of her stating that she bought them at a shop in the town, I went to two shops, and they both said that she had not had any.
Prisoner's Defence. Mearey sold me one pair for 1s.—I showed him this pair of my own, and said I bought them for 11d.—I left my own on the counter, rolled up, and when I went I took them up, and the pair I had bought there.
GUILTY . Aged 33.— Confined Three Months.
OLD COURT.—Friday, September 20th, 1839.
Third Jury, before Mr. Sergeant Arabin.
JOSHUA NETTLETON . I am an ironmonger, and live in Sloane-square, Chelsea—the prisoner is a labourer, and was employed by Mr. Payne, one of my customers. On the 27th of August the prisoner brought a note, and said he wanted a pickaxe for Mr. Payne—I did not look at the note, being busy at the time, but I knew him by coming for things before, and let him have the pickaxe.
HENRY PAYNE . I am a builder and brick-maker. The prisoner worked for me as a labourer, sifting gravel—he was not in my employ on the 27th of August—he had left me about a month or six weeks—I never sent him for a pickaxe on the 27th of August—this note is not my writing, not at all like it—it was done without my authority or knowledge—I never authorized him to get any thing in my name—(read)—"Mr. Nettleton, Let the bearer have a pickaxe.—H. PAYNE."
GUILTY . * Aged 20.— Transported for Ten Years.
2502. JOSEPH GUNNER and EDWARD MCNELLY , were indicted for stealing, on the 1st of September, 1 3/4 lbs. weight of chrome-yellow, value 4s., the goods of Charles Allen Young, and another, the master of Joseph Gunner.
JEREMIAH MANSFIELD . I am thirteen years old, and am in the service of Mr. Young, at Hampton-court—Gunner also worked for him, and M'Nelly lived on the other side of the bridge—I knew him by sight. On Sunday afternoon, the 1st of September, I saw them both go into the chaff-house where the chrome was kept—about half-an-hour after, M'Nelly came out with a bundle in his hand—he held it before him as he went through the gate, as if to conceal it—Gunner remained in the chaff-house—I saw them both together in the shed, just before M'Nelly came out.
that evening to get some chaff, and saw the two prisoners there together—M'Nelly shoved me out, and he asked me afterwards, over the bridge, to get something for him from my master.
M'Nelly. Q. Did not I tell you to go out and mind your hones? A. Yes.
JAMES GIMBERT . I am a policeman. On the 1st of September, about ten minutes to eight o'clock in the evening, Mr. Young gave me information—I proceeded to the Chequers beer-shop, and found M'Nelly there with his head on the table, pretending to be asleep—a bundle lay close to him on the table—I touched him on the shoulder some time before I could make him look up, and asked what was in the bundle—he said he did sot know—it contained the chrome-yellow—I apprehended Gunner about half-past nine o'clock the same evening, concealed in an omnibus under Hampton Court-bridge—he said if he had not given it to M'Nelly, he would have taken it.
CHARLES ALLEN YOUNG . I am a coach proprietor. My booking-office is at Hampton-court—this chrome is my property, and if used for painting the omnibus—it was kept in the chaff-house—I have lost upwards of a hundred weight—Gunner was in my employ four or five months, and M'Nelly worked for me twelve months ago—I heard Gunner say if he had not given M'Nelly a little, he would have taken it—he has always conducted himself well—I do not believe he would have done it if M'Nelly had not persuaded him—I would employ him again.
M'Nelly. He can give me a character. Witness. No, I cannot—he has previously misconducted himself, and that was the reason he left the army.
(M'Nelly put in a paper stating that he merely asked Gunner for a little, not opposing it would be dishonestly obtained.)
GUNNER— GUILTY. Aged 35.—Recommended to mercy.
Confined Seven Days.
MCNELLY— GUILTY . Aged 36.— Confined Six Months.
HENRY BILLSON . I am in tie service of Thomas Benjamin Sowerby, a pawnbroker, in Chiswell-street. I know the prisoner by coming to our shop before—on the 20th of August she came—I watched her—this petticoat was pinned up in the shop—she unpinned it, and when she saw I was watching her, she threw it into a customer's basket—I charged her with stealing it—she said she knew nothing about it, that it fell into the customer's basket as he passed by, but he was in the shop before the prisoner came in—she said if we had let her take it out of the shop and found it on her, we might have said she stole it, but as it was, we could not do any thing with her—I gave her in charge.
(Property produced and sworn to.)
GUILTY. Aged 40.—Recommended to mercy. — Confined Three Months.
Before Mr. Justice Vaughan.
MR. PAYNE conducted the Prosecution.
WILLIAM PONDER . I am a surgeon, and live in Red Cross-street, City, About ten o'clock on Saturday morning, the 24th of August, I was called in by the prisoner to see a child—the prisoner told me the child had fallen from a chair, and struck its head against the bed-post—I found the child in an insensible stupefied state, screaming out on being removed—I observed a contusion on the left temple, and a slight laceration of the cheekbone, and a contusion on the right temple—it remained in that state till about nine o'clock—the contusions appeared to be recent—I saw it from time to time in the course of the day, and about nine o'clock in the evening it partially recovered its senses—it was about two years and a half old—I saw it next morning—it was much in the same state—it had passed a very restless night in that insensible state—it continued getting worse on Sunday, and I saw in the evening that it was getting weaker—it died on Monday night, about twelve o'clock—I examined it after death, on the Wednesday, the day of the inquest—I examined the head—I discovered opposite to where the bruises were on the temple, between the scalp and the skull, extravagation of blood corresponding with the bruises, and on the left side of the head I observed another quantity of extravasated blood under the scalp on the bone—the others were on each side the temple—on cutting through the bone, and removing the scull-cap, opposite to where the extravagated blood was, I observed very extensive inflammation opposite the bruises on the temple—the bone was not at all fractured—there was inflammation of the membranes of the brain, with effusion of pus, or matter, and serum—I likewise observed an extravasation of blood on the surface of the brain—there might probably be an ounce altogether on the surface, and between the hemispheres of the brain—those were all the appearances about the head—the extravasation of blood on the brain would, operate as a pressure, and would be sufficient to account for all the symptoms, and produce death by pressure on the brain.
COURT. Q. Is not that the way apoplexy destroys life? A. Yes—by a vessel breaking, and the pressure of blood on the brain—the inflammation and the effusion of pus and serum would likewise produce pressure—pus is one of the terminations of inflammation—there must have been previous inflammation there—inflammation sometimes terminates in suppuration, very quickly—I do not think all the symptoms could have originated the day before I saw the child—I consider the injuries might all have been produced at the same time—that is probable—I ascribe the extravasated blood to injury recently received.
MR. PAYNE. Q. Did the inflammation of the pus and serum correspond with the marks on the right and left temple? A. They did correspond with the external injury—I should say no part of those symptoms were consistent with any thing that might have happened three weeks before—in my judgment, I am satisfied the death arose from injury recently received—the pressure of the coagulated blood and the inflammation were quite sufficient to account for death—Mr. Blythe also examined the child.
COURT. Q. In your opinion might the injuries have been occasioned by a fall from a chair on a hard substance? A. I believe it is probable they may have arisen from that cause; the injuries to the temples may have
originated from a fall; I saw the situation of the chair and the bed-post, and noticed it, and supposed it probable the blow on each temple might have originated in that way, but the blow at the back of the head, on the left parietal bone, I was totally unable to account for—a blow inflicted three weeks before might have assisted to account for the appearances; but, in my judgment, they were owing to recent injuries; that is mere conjecture; I cannot imagine that all the injuries I saw could have been produced by one fall.
MR. PAYNE. Q. Do you think a fall from the chair on the evening you were called in could account for all the injury you saw on the head? A. believe it would be sufficient to produce all the mischief.
COURT. Q. Supposing that to be true, was there not injury enough to account for death without regard to any previous injury? A. Certainly so.
THOMAS BLYTHE . I am a surgeon, and live in Chiswell-street. I saw the body of the deceased the day after the head had been opened by Mr. Ponder—I examined the body also—I conceive death must have arisen from some blow it received on the back part of the head, from the extravaated blood I found—I mean some external injury, coming in contact with some very hard substance—there was slight extravasation of blood on the left temple, and the membranes of that part were considerably inflamed—I did not observe any extravasated blood on the right temple, and there was very slight inflammation—the stomach was in a healthy state, and the lungs and heart—I have no doubt it died from the injury on the head—I agree with Mr. Ponder generally in the judgment he formed.
Cross-examined by MR. CLARKSON. Q. You do not attribute death to that you observed on the right or left temple, nor any thing corresponding with injuries there? A. I do not think there was sufficient mischief there to account for death—I attribute the principal injury to what I perceived at the back part of the head.
COURT. Q. Might the injury you suppose to be fatal be occasioned by falling from a chair? A. I conceive it might—I do not think the injury it the back of the head could have been inflicted by the same cause as the marks on the right and left temples—the injury behind might have originated a day or so before—I do not think it could have been three or four weeks before.
ESTHER CHRISTMAS . I am the wife of John Christmas, and live in Whitecross-street. I know the prisoner—he is a boot-maker—I saw the child in question when it came to the house with the mother, Sarah Martin, about five weeks before its death—it came to live in the same house as I did—the prisoner and Martin occupied the second floor back room—she was not married to him—I have heard noises in their room—I heard what I supposed to be the child beat against the floor, or thrown against the wall but I did not see anything—I heard the child first beaten with a strap—my room was underneath theirs—I heard the prisoner call the child a d—d stinking little b—r two or three times—the mother was not at home at the time—the child cried as if its tears were stifled—I think it cried continually from five o'clock to about half-past seven—that was on the 5th of August—it was three weeks before the child died that I heard it, as I supposed, knocked against the floor several times—I asked to see the child next morning, but did not—I heard it beaten afterwards, but it did not cry so much as it did on the 5th of August—I did not hear any blows given to it on the 24th—I heard it crying before eight o'clock that
morning, but heard no blows, nor any fall—I went out after that, and returned between nine and ten o'clock—the child was then in fits and convulsions, and it was all over bruises—the prisoner said it had fallen off the chair, and struck its face against the bedstead.
Cross-examined. Q. You have sworn to its being beaten with a stop, and falling, and so on; of course you went to see that it was the child in the room? A. No—I never saw the child from the day it came into the house.
SARAH RAWLINS . I am the wife of Charles Thomas Rawlins, and live in the first floor front room of this house—the prisoner lived in the second floor back room. On Monday, the 5th of August, I was going out—my landlady had a candle in her hand—she said, "Hark, Mrs. Rawlins," and I heard the child crying, and the mother also—I did not hear anything more—on Saturday morning, the 24th, I was sent for, and went up-stairs—I accused the prisoner of it, and he said he had not beaten the child that morning—he owned to beating it before, but not that morning—he said, the child was sitting on a chair, it was seesawing backwards and forwards on the chair, and fell down against the bedstead—I said I did not think it could fall to hit on the top of the bedstead, for the top of the bedstead was round, and the mark on the child's face was square—he said, "Mrs. Rawlins, I did not beat the child to-day; you accused me of it three weeks ago; the child had some beer, and I threw it in the child's face."
PHILLIS BROWN . I keep this house. On Monday night, the 5th of August, I went up-stairs to go to bed, and on the first landing I heard somebody crying bitterly, saying, "You shall not murder my child," or, "You have murdered it"—I do not know which—I went to the door, and knocked, and tried to push it open, but could not, and I said outside "You shall not murder your child in my house, for your landlady has been to me to-day, and said you nearly murdered it at her place"—some man answered me, who I suppose was the prisoner, but I was not admitted—I heard no blows struck on the morning of Saturday, the 24th—I followed the mother up into the room about half-past ten o'clock that morning, and aw the mother coming out of the room with the child, and a blanket on its shoulder—it was very much bruised—the prisoner stood there—I said "I told you you would murder the child, and now you have done it; I hope you will be hung"—the blanket appeared to have sick and blood on it.
GUILTY of an Assault only.—Aged 39.— Confined Six Months; One Month Solitary.
Before Mr. Justice Coltman.
NOT GUILTY .
Before Mr. Justice Vaughan.
GUILTY of concealing the Birth. Aged 18.— Confined Two Years.
Before Mr. Justice Coltman.
2507. CARL GRANBY was indicted for unlawfully, maliciously, and feloniously assaulting George Haffer, on the 27th of July, and cutting and wounding him upon his neck, throat, and head, with intent to kill and murder him.—2nd COUNT, stating his intent to be to maim and disable him.—3rd COUNT, to do him some grievous bodily harm.
MR. HORRY conducted the Prosecution
GEORGE HAFFER —(through an interpreter.) I am a journeyman skindyer. and live in Spicer-street, Brick-lane. On the 27th of July, I was at the Catherine Wheel public-house, in Essex-street, Whitechapel—as I came in there was a disturbance commencing in the tap-room, and I was trying to tranquillize it—I saw the prisoner there, but did not attempt to do any thing to him—as I was trying to pacify them in the tap-room, the prisoner struck me twice on the head—I found myself cut under the cheek-bone, but I did not feel it at the time—a policeman came in, and took me to the station-house—they bound up my wounds and took roe to the hospital—I did not see that the prisoner had any thing in his hand—I am quite certain it was him that struck me—I was not struck by any body besides him—I knew him before—we had worked together a long time—I did not follow him to strike him when he struck me, nor offer to throttle him and knock him down—I did not attempt to strike him—I had not said or done any thing to provoke him—I gave him kind words, and held him back that he should not make any disturbance—I was quite sober at the time—the house is kept by my employer, and we go there every Saturday to receive our money.
Cross-examined by MR. DOANE. Q. Were you not good friends with the prisoner up to this transaction? A. Yes—there were eight or ten persons in the public-house—they were principally Germans—the prisoner is a fur-dresser, but not in the same service as me—I assisted in getting those out of the house who were drunk—I have no knowledge how the prisoner came out—I helped to push him out at the street-door—I went out of the house while I was pushing him out—I knew I was wounded immediately I returned into the house—I knew it immediately on receiving the blow—I saw the blood immediately on receiving the wound—I perceived blood on my face before I went out of the house—I was struck in the house—I saw no one else with any knife—the prisoner was wounded at the same time I was—I went to the public-house at eight o'clock, and this happened at twelve o'clock, but I know nothing of the beginning of the disturbance, for I was up stairs, and this was below—the prisoner was wounded and bleeding when I came down—I did not hear him call out for the police.
CASPAR LINTZ . I am a tailor. I was at the Catherine Wheel public-house, on Saturday the 27th of August, at twelve o'clock at night—I was outside the tap-room before the bar—there was a row in the tap-room—the prisoner was wanting to go in—his wife said, "Don't go in, if any body touches you it will serve you right"—he said, "I don't care, I will take, my comrade's part"—just as he was going in the prosecutor came out, pushing two or three drunken men out of the tap-room—he wanted to fight the people, and said, "What do you kick up a row for?"—he did not speak to any person in particular—I saw the prisoner behind him with something in his hand—I could not see what it was—he aimed a blow at the prosecutor, but it hit me, and knocked my pipe out of my band—they then all went out into the street, and the prisoner and prosecutor among them—the prosecutor came in again in two or three minutes, and was cut and bleeding—I did not see him do any thing to the prisoner.
Cross-examined. Q. What time did you go to the public-house? A. About eleven o'clock—I was there with some friends—the prisoner was
within the bar, and the company was inside the tap-room—I did not notice his face being cut at that time—I saw him bleeding at the time he said he would go in and take his comrade's part.
LEWIS GROFFE . I was pot-boy at the Catherine Wheel public-house. On the 27th of July, there was a disturbance there—I saw the prisoner there with a knife like this in his hand, about twelve o'clock—I did not see him strike any body—I saw the prosecutor bleeding before that.
JACOB WELLER . I am a skin-dyer, and live in Plough-street, Whitechapel. I remember the disturbance at the Catherine Wheel—I saw the prisoner there, and saw a knife in his hand—I could only see the blade of it—he hit the prosecutor on the head twice—I am sure he had the knife in his hand when he struck the blows—I do not know why he did it—the prosecutor had done nothing to him, he wished to keep quietness—the prisoner was just coming in from the street at the door at the time—the prosecutor was inside in the passage—he was trying to put the prisoner out—he did not strike him—he caught hold of him by his jacket—the prisoner struck him on the head both times—I observed the blood in two or three minutes—the prisoner was drunk—this is not the prisoner's knife—(looking at one)—it is something like the knife he had in his hand.
Cross-examined. Q. You worked with the prisoner? A. Yes—I went to the house at half-past eight o'clock, and staid there till twelve o'clock—I did not see any quarrel—I was not there all the time—I was out about half an hour—I saw the prisoner bleeding, but I did not see him get the wounds—I saw no one with a knife but him—I do not know whether the prosecutor was struck outside the door—I saw him pushing some drunken men out—he did not push them into the street, nor did he go out into the street himself—he turned the prisoner out among the rest—he did go outside the door, and it was afterwards I saw the cuts on his head—I saw no blows struck before they went into the street.
COURT. Q. Did you not say, a moment ago, that you saw the prisoner strike the prosecutor on the head twice in doors? A. Yes—he was inside the door, and the prisoner came up from the street, and gave him the blows—the blows were struck in the passage, just within the door—I saw no blows struck any where else.
HENRY CHARLES BARKER . I am a policeman. About twelve o'clock on the night in question I heard a cry of "Police" at the Catherine Wheel public-house—I went up to the door, and saw the prisoner knocking at the door with his shoe—he was-drunk—I asked him what he was knocking there for—he said he had been stabbed by a man that was inside—his hands were very bloody, and he was bleeding from the forehead—I knocked at the door, and went in—he went into the tap-room, pointed out a man there named Smith, and said, "That man has stabbed me"—I did not see the prosecutor at that time—I heard there had been a general fight, and took both Smith and the prisoner to the station-house, thinking one as bad as the other—information was brought to the station-house that the prisoner had stabbed Haffer, who was lying for dead at the Catherine Wheel public-house—I afterwards went, and brought him to the station-house; and as soon as he saw the prisoner, he said, "That is the man that stabbed me."
Cross-examined. Q. Did not the prisoner deny it? A. He said something in his own language, which I could not understand—a person who interpreted said that he denied knowing any thing about it.
blood was streaming off his face—it was from a blow—it appeared to be from a publican's pot, or something of the kind—he was about half drunk.
Cross-examined. Q. Had he not a cut on his head? A. Yes, and another on his forehead, and another on the right hand—that appeared to be done by a knife—the others were bruises, but the skin was broken, and the blood was running down.
MR. HORRY. Q. Was it the inside or outside of the finger that was cut? A. More the outside, on the joint of the little-finger.
CHARLES HOVELL . I am a medical student. I was house-surgeon at be London Hospital on the morning of the 28th, when the prosecutor was brought in—I saw him directly after he was brought in—he had three incised wounds, one on the neck, and two on the head—two were about three inches in length each, and about half an inch deep—the other was small—it only cut off part of the ear—none of them were likely to prove fatal—had they been an inch or an inch and a half deeper, they might have seen so
GUILTY of a Common Assault. Aged 30.— Confined Two Years.
Fourth Jury, before Mr. Recorder.
GUILTY . Aged 21.— Confined Six Months.
2509. JOHN MILLS was indicted for burglariously breaking and entering the dwelling-house of Joseph Hamber, about the hour of five in the night, on the 31st of August, with intent to steal, and stealing therein 3 tame rabbits, value 12s., the property of Alexander Brown; and that he had been previously convicted of felony.
ALEXANDER BROWN . I am a straw-bonnet dyer, and live in Tottenham-street, St. Pancras. On the 1st of September, a little before six o'clock in he morning, I heard a knocking at my parlour-door—I sleep on the ground-floor—I went to the door, and went out with the policeman—on getting into the yard I looked about, and missed three rabbits out of the back-kitchen—I had locked the street and yard doors, and fastened the kitchen with a screw, and also the window—I found the window had been taken out—a person said, "He has gone under the archway"—I got over the wall, and the prisoner was brought from the archway—I rent the ground-floor of this house, which is Mr. Joseph Hamber's—he does not; live in it, nor any body belonging to him.
JOSEPH THOMPSON (police-constable F 39.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I was present when the prisoner was convicted, on the 17th of June last, by he name of Furlonger—(read.)
GUILTY of Larceny only. Aged 18.— Transported for Seven Years.
him eight hundred walnuts to sell at Windsor—he was to bring the money to me at Maidenhead, but he never returned—he was not to account to me in London, but in Berkshire—I cannot prove that he ever sold them.
NOT GUILTY ,
2511. HANNAH HALEY was indicted for stealing, on the 25th of August, 1 pair of trowsers, value 15s.; 1 waistcoat, value 9s.; 1 pinafore, value 6d.; 1 handkerchief, value 4s.; 1 shirt, value 1s.; 1 frock, value 1s.; and 1 petticoat, value 1s.; the goods of Francis Phillips: 1 petticoat, value 1s., the goods of William Holland; and 1 frock, value 1s. 6d. the goods of James Murray.
JOHN BIVAND (police-constable K 117.) On the 26th of August, about one o'clock in the morning, I was on duty at Wapping-wall, and saw the prisoner with a large bundle—I asked what she had got—she said they were her own clothes—I followed her—she struck me, and threw them down, but I secured her, and took her to the station-house—she said she had brought them from her father's house—I inquired, but found it was not true, and found the owner.
MARGARET PHILLIPS . I am the wife of Francis Phillips, and live in New Gravel-lane. I had a funeral at my house on Sunday, the 25th of August, in consequence of which I left the front-room up stairs, where this property was, for three quarters of an hour—my husband was in bed at the time, with three children—I had seen the things safe when my husband went to bed—there are other lodgers in the house—the street-door was on the latch—these articles are my husband's.
ANN MURRAY . I live with my father, James Murray, in Shakspearewalk, a few yards from Phillips's. On the 25th of August I was in had at home—my mother was dozing on the chair—the prisoner came up stairs, pushed the door open, and said, "Nancy" two or three times—there was no answer—she came and felt the bed, and took my frock—I was ill at the time—I knew her voice—it was dark.
MARY MURRAY . I was at home on the 25th, dosing in a chair—my daughter awoke me, and I followed a woman up Shakspeare-walk—this is my daughter's frock—I had left the door ajar, to let my mother in—I knew the prisoner before, as a hard-working, industrious girl.
(The prisoner put in a written defence, stating that she had picked up the bundle at the corner of a court.)
(The prisoner received a good character.)
GUILTY .* Aged 19.— Confined Six Months.
GEORGE NICHOLLS . I am a road contractor, in partnership with joseph Nicholls, in Sovereign-mews. The prisoner was in our employ for two years, and had the charge of three horses—I went into the granery, and found the padlock unlocked, and some corn and an old sack in the loft, where it ought not to have been—all the men in the yard had access to the loft—there was nearly two bushels of it—I put back a bushel and a
half, and put some square pieces of paper in it with "N" on it—I put the sack where it was before, and set a policeman to watch—the prisoner afterwards came to the stable, and I let him in—he brought out the horse and cart—I saw him put the sack into the cart—I then went to the loft, and missed the sack of oats—I directed the policeman to follow him, and I got on horseback, and rode after him—I came up with him at Kensington Gravel-pits, rode by his side, and kept him in conversation till the policeman came up—I then gave him in charge, and said he had got some corn which he had stolen-"he said he took it for his horse, and that he found it under his horse's feet—we found it in a sack, inside his own sack, which he took the horses' provision out with—he had the usual provision for the horses besides this sack, a bushel and a half—I found the pieces of paper among it—he could have no occasion for that quantity besides.
Cross-examined by MR. DOANE. Q. Had you said any thing to him about the corn being left out over night? A. No—my wife gave out the the corn being left out over night? A. No—my wife gave out the provender for the horses the night previous—I did not see it—we always gave beans with the oats, and this was corn only—he has conducted himself properly up to this time.
JAMES KELLY . (police-constable T 113.) I stopped the prisoner on the road—be said he had not stolen the corn, but found it behind his horses, that Mr. Nicholls usually allowed him so small a quantity, he thought he might as well take it, and there was another man in the stable when he took it—I found a piece of paper with the letter "N" in the corner.
GUILTY. Aged 25.—Recommended to mercy. — Confined One Month.
CHARLES FEARN . I am shopman to John Smith, a hatter; the prisoner was in his employ. On Wednesday, the 21st of August, while I was dressing, Mr. Bowen came in and bought a hat—when I came down stairs, the prisoner gave me a sovereign, and stated that he had sold a hat for 10s., and I was to give him 10s. back, which I did—in the course of the afternoon, Mr. Bowen came back to have the hat stretched, and I found it ought to have been sold for 1l.—the prisoner saw Mr. Boweu in the shop, and when he was gone he brought me the other 10s.—I had asked Mr. Bowen what he paid for the hat, but the prisoner did not hear that—he was down stairs.
prisoner. I did not say I had sold the hat for 10s.—I merely gave him a sovereign, and said I had sold a hat, and 10s. belonged to me.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined One Month.
NEW COURT.—Friday, September 20th, 1839.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 32.— Confined Six Months.
GUILTY . Aged 18.— Confined Three Months.
2516. HARRIET WEBB was indicted for stealing, on the 21st of August, 1 rule, value 1s. 6d., the goods of Henry Bates: also, on the 21st of August, 1 pair of trowsers, value 2s., the goods of Thomas Greed; to both of which she pleaded.
GUILTY. Aged 16.— Judgment Respited.
2517. ANN LONG was indicted for stealing, on the 11th of September, 2 gowns, value 7s.; 1 frock, value 1s.; 1 cap, value 1s.; and 1 set of bed furniture, value 1s., the goods of George Fawden; to which she pleaded.
Aged 30.— Confined One Month.
MESSRS. BODKIN. and CHAMBERS conducted the Prosecution.
MARIA LUCAS . I keep a clothes shop, and live in Drummond-street, Euston-square. On Friday, the 13th of September, the prisoner Came and bought two articles to the amount of 1s. 6d.—she put down a crown-piece—I gave her the change, upon which she went away in a great hurry, which caused me to suspect her—I looked at the crown, and discovered it was bad—I went to look for her, but could not overtake her—I gave the crown to Dodd.
WILLIAM GOLDSMITH . I keep a china warehouse in Judd-street. On the 13th of September, between seven and eight o'clock in the evening, the prisoner came for half-a-dozen plates, which came to 1s. 6d.—she tendered a five-shilling piece—I said it was bad—she said it had been given her where she was at work in Bidborough-street—I marked it, and sent it by my servant to Bidborough-street—I went afterwards and found my servant and the prisoner—I gave her into custody—I gave the crown to the policeman.
WILLIAM BIRD JOHN JONES . I went to Bidborough-street—when I got there the prisoner said, "This is not the house, it is in Hadlow-street"—I went with her there—I found no one there that knew her—I gave the crown-piece to the policeman.
Prisoner. I said, "Come with me and I will show you the woman who gave it me." Witness. She pointed over my shoulder and said,
"There, that is the house, you go there and I will wait here."
RICHARD ELPHICK (police-constable E 56.) I saw the prisoner in the neighbourhood of Hadlow-street, and took her, and received this crown—she said it was the curse of drink that caused her to get into that trouble.
Prisoner's Defence. I met a young woman who asked me to go and
purchase the plates—I took the boy out because I thought of seeing the woman—when I came out she was gone.
GUILTY . Aged 26.— Confined Six Months.
SUSAN FRANCES LITTLE . I am the wife of Robert Little, and keep a baker's shop in Holy well-lane. On the 7th of September, about one o'clock in the afternoon, the prisoner came and asked for a penny loaf—she gave me a bad shilling—I asked where she got it—she said she took it of a man in Shoreditch, and if I would give it her she would get it changed—she said, "What is the matter with it?"—I sent my Son, for a policeman—I marked the shilling, and gave it to him.
HENRY KIDNEY (police-sergeant G 6.) I took the prisoner, and received this shilling—she was taken before the Magistrate, and discharged about six o'clock in the evening—she went by the name of Sarah Smith.
ELIZABETH BROWN . My son keeps a butcher's shop, in Union-street On the 13th of September, the prisoner came for 1/2 a lb. of beef, and give half-a-crown—I showed it to Symons—it was bad—he went after her and could not find her—she came again about a quarter-past nine o'clock, and asked for 1 lb. of pieces—Symons knew her, and she was detained—I gave the half-crown to Symons—he gave it me back, and I gave it to the policeman.
WILLIAM JAMES SYMONS . I saw the prisoner come first at eight o'clock in the evening—I saw the half-crown was bad—I went after her, but could not find her—I gave the same half-crown back to my mistress—the prisoner, came again about a quarter-past nine o'clock—I am sure she is the person who came at eight o'clock—I had her taken.
Prisoner's Defence. I was not in the shop until I went with another girl to get 1lb. of steak.
GUILTY . Aged 17.— Confined Six Months.
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
MESSRS, CLARKSON and ESPINASSE conducted the Prosecution.
at Aldgate. The prisoner was in his service in August last—he was employed to drive a van, with horse provender, to different stables, for our horses—on Sunday morning, the 18th of August, a van was loaded with thirty-two sacks of mixed oats and chaff, and one sack of bran—they were to be delivered at Staines—I counted the sacks myself on the Sunday night—the van was covered with a tarpaulin, which was tied down behind, before, and on both sides—it was left in our yard, in care of the private watchman—the next morning I went in the direction of Staines, and saw the van stopping at the Coach and Horses public-house, at Turnham Green-the prisoner was the driver—he did not see me—I stopped opposite where the van stood, in a market-garden, but I did not see anything done—I was away at the time from an accident—when I came back I saw the van again, and the fore-part of the tarpaulin was untied and turned back—the van then went on, and when it got just through Bedfont, the prisoner stopped the van in the road, undid the tilt again, and appeared to be doing something to the sacks—then he walked round and tied the tarpaulin again—I was about 200 yards from him, but he was not in a situation to see me—I followed the van on to Staines, and he went into the private yard of Mr. Nelson—John Turner is the horse-keeper there—the van was placed in front of the stable which the loft is over—the tarpaulin was then tied completely all round the van—it was then unloaded—the prisoner got into the van, gave the sacks out, and Turner carried them to the loft—the prisoner gave out first a sack of bran, then seventeen sacks of the oats and chaff, one after another—the contents were shot out, and the empty sacks left at my feet—at that time the horn of the Defiance coach blew, and Turner went out to get the fresh horses for it—I then counted the sacks, and there were seventeen—I locked the loft, and put the key into my pocket—I went to the coach to inspect the way-bill—the prisoner and a boy who was there came to the coach to assist—they went down the yard again—I followed them—the prisoner then got on the front of the van, and took out two empty sacks, gave them to the boy, and told him to take them up, and put them with the other empty sacks; and I thought the prisoner said, "The governor is down, we shall get in a mess"—the boy could not get into the loft, as I had the key, and he came back—I ran, and caught him with the sacks—he began to cry, and said, "Mr. Martin gave them to me"—the prisoner heard that, and said he knew nothing about it—I said I could tell him all about it; that he had left two sacks at Turnham Green, and we had suspected, him some time—he began to cry, and said he never did so before—he begged and prayed of me to forgive him, and said he should hang himself or drown himself—I said I would speak to my uncle, but it was impossible he should stop in our employ—he said he did not do it, it was Jacob—I counted the sacks which were then in the van, and there were only thirteen—I told him to go home as fast as he could by the way of Oxford-street and I would go back to Turnham Green, and have the ostler taken up—when I had gone back about a mile with the prisoner, he blustered at me, and said he would have me before my betters for taking his character away—I then gave him into custody.
Cross-examined by MR. JONES. Q. I believe he has lived with your uncle for sixteen years? A. I believe so—he has been as long as I can remember—I saw the van with the corn in it, on Sunday night, about half-past ten o'clock—I counted every sack—the gates of the yard were shut
at ten o'clock at night, and opened at five o'clock in the morning, when the prisoner came.
THOMAS WARNER . I am private watchman to Mr. Nelson, of the Bull lnn. On the Sunday night in question the van was in the yard, covered over with a tarpaulin, which was tied with cords—I was there on duty from eight o'clock in the evening till five o'clock in the morning, when the prisoner came, and took the van—no one had been near it till he came—nothing could have been taken out of it.
Prisoner's Defence. I have always taken the regular complement of corn down to Staines—we always stopped to breakfast at Turnham Green—I never had the conscience to do such a thing—what Mr. Haxell has said is very false—he had his brother-in-law in the public-house, sitting at the tap-room window—I did not take two empty sacks off—one sack went down by the Defiance, full of corn, and the empty sack was lying at the stable-door, which Turner could prove.
JOHN TURNER . I am horse-keeper to Mr. Nelson, at Staines. I remember Mr. Haxell coming down to the stable—I took a bran-sack off the van, and shot it, and laid it against the door—there was an empty sack there which had come down by the Defiance—I cannot undertake to say that thirty-two sacks came down by the van—I was alarmed.
MR. CLARKSON. Q. Was the sack that came down by the Defiance rolled up, and tied up, and lying by the door? A. Yes—it was not loose.
GUILTY. Aged 36.—Recommended to mercy. — Transported for Seven Years.
2524. MARY AGNES FLETCHER was indicted for stealing, on the llth of September, 13 spoons, value 4l. 10s.; 26 yards of silk, value 2l. 10s.; 1 gown, value 1l.; 1 bonnet, value 10s.; and 1 apron, value 1s.; the goods of Thomas Davis, her master.
LYDIA DAVIS . I am the wife of Thomas Davis, ancf live in Palace-street, Pimlico—the prisoner was our servant. On the 11th of September, about three o'clock, I left my house in her charge—I returned about twelve o'clock—she had absconded, and I missed the articles stated—these are them.
GUILTY. Aged 22.—Recommended to mercy. — Confined Six Months.
DANIEL HOMAN . I live in Maidstone-street, Goldsmith's-row, Shoreditch, and am a shoemaker—the prisoner was my washerwoman. On the 12th of September, in consequence of what my apprentice told me, I marked a pair of shoes which I found under the stairs—I let them remain there—I went out, and watched for the prisoner going away, having told my hoy that if the shoes were gone, he should come and tell me—I found the shoes in the prisoner's pocket as she was going away—these are them.
GUILTY . Aged 42.— Confined Two Months.
JAMES CAMIS . I am servant to Mr. John Loveridge, cheesemonger of Crawford-street, Marylebone. On the 17th of August I was outside his shop—I saw the prisoner come out and cross the road with this ham under his coat, which had been inside the shop—I told our foreman, who went after him—he went down a court and dropped the ham, but he got away—I am sure he is the man—this is my master's ham.
Prisoner's Defence. I was at home—I know nothing about it.
GUILTY . Aged 17.— Confined Six Months.
2527. HENRY NEWTON was indicted for stealing, on the 17th of August, 1 pair of boots, value 5s. 6d.; and 1 handkerchief, value 6d.; the goods of James Williams: and 1 pair of boots, value 10s., the goods of George Thakes.
JAMES WILLIAMS . I am pot-man at Mr. Gardner's. I missed a handkerchief and a pair of boots on the 17th of August, about five o'clock in the evening, and saw them again at the station-house about half-past eight o'clock.
GEORGE THAKES . I am waiter to Mr. Gardner, who keeps the New Globe at Mile End. I had seen the prisoner about the house for about a fortnight—I missed a pair of boots which I had seen safe about a week before, in the bottom drawer of my chest—these are them.
WILLIAM PASFIELD . I am gardener to Mr. Gardner. On Saturday evening, the 17th of August, about half-past eight o'clock, I was going to fasten the garden-gate, and I saw the prisoner running from the gate to hide himself—he fell down amongst some weeds—I asked what business he had there—he said he came to ease himself—I told him to go the front way—the officer who heard me, stopped him—I went with a light, and found these things where he had been.
Prisoner's Defence, I did not know any thing about them.
GUILTY . Aged 17.— Confined Six Months.
GEORGE BOULTON . I am a groom, and live in Chenies Mews, Russell-square. On the 30th of August, at half-past nine o'clock, I met the prisoner in Broad-street, St. Giles's—I went home with her—I gave her 6d. to get two pints of porter—I went to sleep till about three o'clock in the morning—I then missed eighteen shillings, which I had put safe into my watch-pocket, while she was gone for the first pint of porter—just as I awoke she came into the room with her shawl on.
ANN CLARK . I searched the prisoner, and found in her bosom a glove with ten shillings and two sixpences in it, and some halfpence in her pocket—as soon as she began to undress, I saw the glove, and asked her what she had there—she said, "Nothing at all"—I then took it from her—she tried to conceal it by pushing it down.
Prisoner's Defence. He asked me to take him home, which I did, he then gave me 5s. 6d. to fetch beer—I left him after he had taken supper, not wishing to have any further intercourse with him—I waited at the end of the street till I saw him leave—I then went home—he watched me, and gave me in charge—the other money was my own.
GUILTY . Aged 27.— Confined Six Months.
MR. JONES conducted the Prosecution.
CHARLES RICHARDSON . I am foreman to Mr. John Rutty, a timbermerchant at Paddington—the prisoner was employed in one of the barges. On the 8th of September, he was in a barge on the Canal by the wharf—it had come from Cowley, and was to start the next morning—I sat up that night to watch, and about twelve o'clock at night I saw the prisoner coming from Mr. Rutty's stable—there is a hayloft over that stable-*—there is a small trap-door from the loft to the stable, and there is another door from the loft to the area—he had a truss of hay on his back—I called a policeman, and we asked what he had got there—he said, "Forgive me, it is the first time I ever took any"—he asked me to let him put on his shoes and his smock-frock, which were behind some timber—I found the loft-door open, and two trusses of hay down where they had no business to be—it is the practice for the captains of the barges to come to me for hay about five' o'clock in the morning—they have no right to take hay from the loft—Mr. Freeman is captain of the barge on board which the prisoner is—he hires him, but we pay him—the captain was not on the barge, he was at home—I went on board the barge, and found two more trusses of the same sort of hay there.
Prisoners Defence. I was a little in liquor—nobody told me to take it—I was going to give it to the horses.
GUILTY . Aged 16.— Confined Two Months.
2530. JOHN BROWN was indicted for stealing, on the 30th of July, 1 sovereign and 4 shillings; on the 25th of May, 1 sovereign; on the 20th of July, 2 sovereigns; the monies of John Butt, his master: to which he
GUILTY. Aged 17.—Recommended to mercy by the Prosecutor. Confined Six Months.
2531. ELIZABETH ASLETT was indicted for stealing, on the 17th of August, 2 thimbles, value 2s.; 1 till, value 2s.; 1 sixpence, 4 pence, 8 halfpence, and 32 farthings; the goods and monies of Octavius Cox, her master.
MR. CHAMBERS conducted the Prosecution.
OCTAVIUS COX . I am a baker, and live in Mason-place, Little Chelsea. The prisoner was my servant for about ten weeks—she did not sleep in the house—I had one till in each counter—about half-past five o'clock, on Saturday morning, the 17th of August, I had some money in both tills, which I saw safe when I locked the tills up the night before—I left in one of
them a silver sixpence, and the other monies stated, and two silver thimbles—it was safely locked up at half-past five o'clock—about half-past seven o'clock, the same morning, I missed the till and the money—I asked the prisoner if she had seen the till—she said she had not—I found the till on the Sunday night in the privy—on the Monday morning I sent for a policeman, who took the prisoner—I followed him with her to the station-house—I saw her, in going, take a bag from her bosom, and throw it away—it contained a lot of sweetmeats out of the glass and was one of my bags.
Cross-examined by MR. DOANE. Q. Who sleeps in your house? A. No one but me and Mrs. Cox—the journeyman is down stairs, in the bake-house—he cannot get into the shop—he comes about eleven o'clock—there has been no complaint against him for taking liberties with the prisoner—I have a man who jobs for me, against whom a complaint has been made by the prisoner's mother—I have not said I would prosecute this girl because she had made a complaint against this man—this case was remanded for a week—I have not made use of any harsh expressions against the prisoner.
ELIZABETH COX . I am the prosecutor's wife. On the Monday morning after the till was found on the Sunday night, I called up the prisoner, and accused her of taking the till—she swore she had never seen it—I said the key of my drawer was in the till, and no one had had access to my room but her—I had lost many other things, but I never suspected her—I said I would forgive her for every thing that was not under lock and key, but for using my key to open the till I would not forgive her.
Cross-examined. Q. You said you would forgive her every thing but the key? A. Yes—I said, "Why take this key? there is my bunch below"—she said she had tried the keys on the bunch, and they would not do—she told me she had taken every thing at last.
THOMAS GLYNN (police-constable V 91.) I took the prisoner—on the way to the station-house she said she was guilty of robbing her master of the till, and stealing the contents, and if he forgave her this time she would become a very good girl.
NOT GUILTY .
THOMAS ROGERS HECKFORD . T am a carman, and live at the Plough public-house, Crown-street, Soho. The prisoner slept in the adjoining room—on the 10th of September I went to bed about half-past nine o'clock—I hung my watch at the head of my bed—I got up about half-past five o'clock, and it was gone—I found the prisoner in a one-bedded room, and I went for an officer—we stopped till the prisoner came down, and then I gave charge of him, and the watch was found in the handkerchief which was tied round his neck.
prisoner's Defence. I was tipsy.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Three Months.
2533. JOHN KIRBY was indicted for stealing, on the 17th of August, 47 yards of carpet, value 7l., the goods of Joshua James Eamondson and another, in their dwelling-house: and MARY ANN FREEGROVE and LOUISA BELL , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.—2nd COUNT, stating it to be of some evil-disposed person.
MR. BODKIN conducted the Prosecution.
GEORGE SMITH . I am clerk to Mr. Joshua James Eamondson and his partner, who are upholsterers, and live in the Strand. This carpet is theirs, and is worth between 6l. and 7l.—I saw it last on their premises on Friday evening, the 16th of August, and I missed it on the 17th, from half-past three to four o'clock—it was inside the shop, near the door.
Cross-examined by MR. CLARKSON. Q. Is there more than one other partner? A. No—I know the carpet by the pattern, which is not common—the quantity exactly corresponds with our books, and by the cut (which is quite unusual with carpet dealers) being in the centre of the pattern—it is the commonest sort of carpet.
EDWARD TERRY . I am a driver of a cab. On the 17th of August I was with my cab near Adelaide-street, Strand—about half past eleven o'clock I was hired by a young man, but I do not know who—he wanted a cab to take a piece of carpet—he got into the cab, and a large piece of carpet was put in—I believe this to be it—I cannot swear to the man, but I believe the prisoner Kirby to be him—he told me to drive to Compton-street, and directed me to drive a round-about way—I stopped about half way down on the right side of Compton-street—I assisted him rat with the carpet on his back, and took my money, and went about my business—the man's trowsers had mud on them.
FRANCIS KEYS . I was an officer of Bow-street on the 17th of August. I was acting as officer on that day between eleven and twelve o'clock—I was at the corner of Compton-street with a lad named Goodson, the son of the door-keeper at the office—a cab drove patt me—I saw Kirby sitting in it, with a piece of carpet, which I believe to be this—I ran after the cab and saw it stop, and as Kirby got out I saw some mud on the right leg of his trowsers—the carpet was put out on his shoulder—be ran to a house, No. 73—he pushed at the door and went in—I remained near the house, and watched for an hour and a half; during that time I saw a man look out of one of the windows on the second floor, who, I believe, was Kirby, and then a female put her head out of the window, which I believe to have been Freegrove—she had some large red beads round her neck—that was after Kirby had been in an hour, I should think—I saw Kirby come out with a youth about a quarter of an hour or twenty minutes after the female had looked out of the window—I watched them down Drury-lane—they went into a house in Charles-street—I was still watching—they came out, and went on to Holborn into Broad-street—I then perceived that they saw me—I pretended to come down into the City, and ran back, spoke to the boy, and went to the office and got Ballard and Fletcher—we went to Compton-street—we waited there, and saw Freegrove and Bell go into the house—I told Ballard to go in—he went in, and went up stairs—Fletcher next—I went last—I saw this roll of carpet there—we took it—
Mrs. Freegrove had these large red beads round her neck, the same that I had seen the woman have who looked out of window.
Cross-examined. Q. How far was the cab from you when you first saw it? A. Not more than six yards, but perhaps it came within four yards in turning—I ran after it for two or three minutes—it was an open cab—I only had the person of the man in my view when he passed me, and when he got out—I was, perhaps, seventy yards from him then.
COURT. Q. You saw him come out of the house again? A. Yes, and he was the person who went in.
WILLIAM BALLARD . I was an officer of Bow-street. On the 17th of August I was called to accompany Keys to No. 73, Compton-street—I went in while the two female prisoners were going up the second flight of stairs—they stopped on the landing of the second floor, and turned and looked at me—when I came to the top I made a stand—they said, "What do you want?"—I said, "I want that door open," and pointed to the door of the second floor front room—there was a good deal of hesitation with them—I said, "Will you open it, or shall I break it open?"—Freegrove then said, "Give me the key"—Bell gave it her—the door was opened, and they went in—I got just withinside the door, and began to look around—they said, "Well, what do you want here?"—I looked about and saw this piece of carpet behind Bell—I said, "That is what I want; where did you get that from?"—they both said that they had bought it of a man in the street—then they said a man brought it to the room, and put it down, and went away, and they knew nothing about it—then they said that some one had brought it and left it in their absence—I said I must keep them there—they were very restless, and I could not lock the door—Freegrove went to the bureau, and then to the fire—I could not leave the door—she stirred the fire, and some silver ran through it—William Freegrove and another man came into the room.
WILLIAM GREVILLE OLIVIER . I am a school-master, and live at No. 73, Compton-street. William Freegrove and his wife had lived in the second floor front room for three weeks on the day they were taken—I knew Bell by her coming to see them—she was there constantly.
KIRBY*— GUILTY of Larceny. Aged 18.
FREEGROVE— GUILTY . Aged 22. Transported Seven Years.
BELL— GUILTY . Aged 30.
MR. CLARKSON. conducted the Prosecution.
MARY ANN DENENLAIN . I am the wife of John Joseph Dominique Denenlain; he keeps a boarding-house in Leicester-square. These shirts are the property of a gentleman who lodged in the house, and this great-coat is my husband's—I saw them safe on the evening of the 22nd. of April—the shirts, with various other articles, were in a bundle ready for the washer-woman about nine o'clock in the evening, and the great-coat was hanging by their side—the prisoner was in the habit of coming to the house to work as a tailor, and had an opportunity of taking the things—I missed them about two minutes after I had seen them safe.
Cross-examined by MR. CHAMBERS. Q. How do you know these
sirts? A. By the marks, and having taken notice of them, and having the gentleman's name in our books—I saw them in the bundle, and took notice of them, and the manner in which they were marked—there were three shirts, one pair of trowsers, and some handkerchiefs in the bundle—these shirts have the name of Edward Morton written at length on them.
MR. CLARKSON. Q. Was the prisoner at the house that night? A. I do not know—he was not there on any business.
ABRAHAM FLETCHER . I am an officer. On the 17th of August I went to No. 73, Compton-street, with the other officers—while I was in the second floor front room the prisoner came in—in searching the room I found these shirts, this great-coat, and this other coat, which the prosecutor identifies as the one which the prisoner wore when he came to their house.
GUILTY . Aged 26.— Transported for Seven Years.
2534. WILLIAM FREEGROVE , MARY ANN FREEGROVE , and LOUISA BELL were again indicted for stealing, on the 7th of August, 1 desk, value 10s.; 2 seals, value 2l.; and 1 pencil-case, value 3s.; the goods of Russel Martin Riccard.
MR. CLARKSON conducted the Prosecution.
RUSSEL MARTIN RICCARD . I am a law student. I lodge in Frederick-street, Gray's Inn-lane—I had this desk there—it was locked—I lost it, and these two seals, and this pencil-case—I lost a gold guard-chain from the mantel-piece, a vinaigrette, some silk handkerchiefs, and other things on the 7th of August—they were worth about 70l.
ANN LATHAM . I reside with my father, at No. 36, Frederick-street, Gray's Inn-lane. Mr. Riccard lodged there—on the 7th of August I went out about eight o'clock in the evening—I noticed this desk in the room which Mr. Riccard occupied—I missed it about ten o'clock that evening, and a gold chain and other things—the door was fastened with a latch—any one could open it by turning the knob—the outer door of the house was fastened—I closed the outer door when I went out that evening, and when I came back I saw the desk safe—there were no marks of violence on the door—the person who came in must have come in by a false key.
Cross-examined by MR. CHAMBERS. Q. Have you any servants? A. One—we have two other lodgers—one of them has a key of the latch of the front door—I believe it is called a French latch.
WILLIAM BALLARD . I was an officer. On the 17th of August I went to No. 73, Compton-street—I went up to the front room on the second floor—after some time William Freegrove came in, and the two female prisoners immediately began to tell him what I was there for—he began to move ahout, and Mary Ann Freegrove said to him, "You had better take your watch"—he took a watch which she handed to him, and put it in his pocket—when Keys came up I told him, and he took the watch from Freegrove—it had a chain to it, and these two seals were on it—as soon as freegrove had got the watch he said he wanted to go out, and said it was not his place, it was his brother's room—I said, "I don't care whether it is your place or not, you shall not go out"—he appeared to express determination—I said, "Let me have no nonsense, I have got two officers
below"—I was obliged to keep him off with my left hand, and threaten to strike him with my staff—I found this desk there, which appean to have been broken open—this screw-driver which I found in the room appears to be what it was broken with.
FRANCIS KEYS . I went into the room and found Ballard there—I produce these two seals, which were attached to the watch which I took from William Freegrove—when I was going to take it he said, "What are you going to do?"—I said, "It is as safe in my hand as in yours"—he said it was his own, and he had bought it at Machin and Debenham's.
W. FREEGROVE— GUILTY . Aged 26.— Transported for Seven Years more.
M. A. FREEGROVE and BELL— NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
CHARLES GREEN . I am a baker, and live in Devonshire-street, Port-man-place. The prisoner was in my service—he took out bread, and was to receive money on my account—he ought to have accounted in the evening for what he received—he did not account to me for the money received from Ann Gosling.
GUILTY . Aged 16.— Confined Six Months.
JOHN GOULD . I am a shoe manufacturer, and live in Leader-street. On the 24th of July the prisoner bought some trifling articles which, I think, came to 5d.—as she was going out I followed, brought her back, and found three pairs of boots on her arm under her shawl—I gave to into custody.
MR. GOULD. These are all mine—there are ten pairs found in all—I cannot say when they were taken.
(Mrs. Waylett, the wife of a floor-cloth painter at Camberwell, gave the prisoner a good character.)
GUILTY . Aged 17.— Transported for Seven Years.
(There was another indictment against her.)
2537. HANNAH FELTS was indicted for stealing, on the 28th of August, 1 bonnet, value 5s.; 2 shawls, value 7s.; 2 sheets, value 12s.; 3 shifts, value 4s.; 1 gown, value 5s.; 1 pair of boots, value 2s.; 1 pair of shoes, value 1s.; 1 apron, value 1s.; and 1 necklace, value 5s.; the goods of Elizabeth Green, her mistress.
ELIZABETH GREEN . I am a widow, and live in York-square, Regent's-park. I took the prisoner as a servant on the 23rd of August, she left on the 28th without notice, between five and six o'clock in the morning, and left the door open—I missed these articles—I went to the police station-house in the afternoon, and as I came back I met her in the street with the bonnet and shawl on, the petticoat and the necklace in her pocket, and she had the apron on—she ran away—I followed her to No. 28, Little Albany-street, and said to her, "You have robbed me"—she said it served me right—I said I would send for a policeman—she said, "They can only transport me, and that I don't care for"—some of my property is quite lost.
Prisoner. She keeps a brothel, and I would not stay there. Witness. I do not—I have only my daughter and her husband living there—I am a dress-maker.
Prisoner. It was not me that pawned it—I stood at the door, and sent a woman in—he knows it was not me. Witness, There were two persons, but the prisoner was the person who offered them to pledge, and I gave her the money.
(The prisoner received a good character.)
GUILTY . Aged 29.— Confined Three Months.
2538. RICHARD STRACHAN and MARY ANN STRACHAN were indicted for stealing, on the 20th of June, 2 blankets, value 8s.; 4 pillows, value 16s.; 2 pillow-cases, value 2s.; 2 sheets, value 6s. 6d.; 2 flat-irons, value 1s.; and 1 looking-glass, value 2s. 6d.; the goods of Robert Owen.
ROBERT OWEN . I live in Liquorpond-street, and let a furnished room to the prisoners on the 15th of June—they were to give 4s. 6d. a week—I had some suspicion, and went into the room—I found the female there—I missed these articles.
Cross-examined by MR. THOMPSON. Q. Who took the room? A. The woman—the man was at work—he is a printer—he goes out early in the morning, and comes home late at night.
Cross-examined by MR. JOHNSON. Q. Did you ever see the male prisoner? A. Not till he was at the office.
R. STRACHAN— NOT GUILTY .
M. A. STRACHAN— GUILTY . Aged 32.— Confined Six Months.
MARY ABRAHAMS . I am single, and keep a clothes-shop in Playhouse-yard. The prisoner took a room of me on the 2nd of August, and left on the 16th, taking these things—she had taken the lodging by the week, and paid one week before she came in, and paid nothing after—I have found only the candlestick—this is my candlestick.
Prisoner, The young woman who is here took these things, and sold them.
MARY DOWD . The prisoner came to me on the 15th of August, and called me out—I went to her after I had done work—she asked me to go with her to sell these things—she took them in her apron, and gave me them at the end of Playhouse-yard—I went to a place with them, and could not get what she wanted—I came out and asked her if I should take 1s. for them—I got the 1s., and gave it to her—this is the candlestick.
GEORGE FOREY . I am a policeman. On the 16th of August I received information, and on the Tuesday following I took the prisoner in Farringdon-street—she denied the charge, and then asked the prosecutrix what she valued the things at, and said she would pay her.
NOT GUILTY .
MICHAEL HAYES . I am a labourer. I was at Mr. Stokes's, a publican, on the 12th of September—the prisoner came to his house about half-past one o'clock—she had half a pint of beer, and went out—in about half an hour she returned with another woman—they had more beer—the other woman drank part of it, and went away—the prisoner then sat down and drank some beer, then went into the back yard, came in again, sat down and drank the beer—she went out—I went to the door, and saw her crossing the road with the pint pot—I informed the publican, and she was taken.
WILLIAM STOKES . I keep the Duke's-headin Great Peter-street The witness told me what he saw, and I gave the prisoner in charge—the policeman found four other pots of mine in her apron—he took her to the station-house, and found two keys in her pocket—he went to her lodging with her, and found in a cupboard six other pots, four of which are mine.
Prisoner. Q. Did you ever see me on your premises? A. Yes, and my wife has served you, and when you have gone the pot you have had has been missing.
JOHN JOSEPH MUNSER . I am a policeman. On the 12th of September, about two o'clock in the afternoon, I was called and took the prisoner—the prosecutor took one of the pots from under her apron—I found four more in her apron—I took her to the station-house, and found on her two keys, one of the front door, and onu of her room—I found there six other
pots, four of them were the prosecutor's, and two are new ones, they had come in the night previous.
Prisoner's Defence. The pots in my house were some I had—two of my children had died, and the neighbours brought the pots in, and I had some in my apron to take home.
GUILTY . Aged 32.— Transported for Seven Years.
2541. JOSEPH DENNISON was indicted for stealing, on the 28th of August, 2 tame pigeons, value 3s., the property of Daniel Mills; and JOHN HODGES , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
DANIEL MILLS . I keep pigeons in a loft at my house in Great Peter-street, Westminster. On the 26th of August I missed one, next day another, and on the 28th two—I found them at Mr. Cambourne's, in Dartford-street—these are them.
Cross-examined by MR. DOANE. Q. Are you living with your father? A. No, these are my own lodgings—Withers had no share in these pigeons—he brought one or two up—I bought them with my own money—the police have not complained of my trapping my neighbours' pigeons.
GEORGE AMBLEY . I am a policeman. I took the prisoner Dennison—he threw down a key which I have since found opens Mills's door—he said Wayling gave it to him, and he had taken the pigeons and gave two of them to Hodges to sell.
NOT GUILTY .
2542. JOSEPH DENNISON was again indicted tor stealing, on the 27th of August, I tame pigeon, value 1s. 6d., the property of Daniel Mills; and WILLIAM WAYLING , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
NOT GUILTY .
EDWARD HOLLINGSWORTH . I deal in pigeons, and live in Brunswickrow, Westminster. I bought this pigeon of the prisoner, on the 27th of August, for 6d.—it was about dusk, and I could not see the colour—he said it was his own.
NOT GUILTY .
2544. WILLIAM GILCHRIST was indicted for stealing, on the 10th of September, 1 pewter pot, value 1s. 6d., the property of William Taylor; and 2 pewter pots, value 2s., the property of Richard Payne Hutchings; and that he had been before convicted of felony.
and saw the prisoner coming along with this basket in his hand, and these pots in it—I asked what he had got—he said "Nothing"—I said, "Let me look"—he let it go, and ran off—I pursued him to Castle-street—a man then ran against him, and stopped him—I took him to the station-house—this basket is lined for the purpose of holding pots.
GUILTY . Aged 30.— Transported for Seven Years.
ELIZABETH SEWELL . I am the wife of John Sewell, who keeps the Crumpton Arms, at Paddington. The prisoner was my servant for three weeks—I gave her notice to leave—the day after she was gone I missed a shawl—I saw her again on the Monday, two days after she left—she was accused of taking the shawl by a former servant, and denied it.
MATILDA WAIT . I was servant at Mr. Sewell's. The prisoner left there after me—I afterwards met her in the Edgware-road with a shall on, which appeared to be Mrs. Sewell's—I spoke to her about it—she said she had bought it—she went to the place she was going after, and then went to her lodgings—she gave me the shawl, and I took it to Mrs. Sewell's.
Prisoner's Defence. I found the brooch on the stairs, and did not know who it belonged to.
GUILTY. Aged 23.—Recommended to mercy. — Confined Three Months.
HARRIET LOUGH . I am the daughter of Robert Lough, who keeps the Crown, in Tufton-street. On the evening of the 13th of September, the prisoner came for a quartern of gin, which I gave her in a quartern measure, and gave her a wine-glass—she drank a glass full, and then she went to the door, where I thought she had some friend, but she did not return—I saw her again the next morning—this is the measure and the glass.
Prisoner's Defence. I had been out with a friend—we had some liquar, which rendered me incapable of taking care of myself—I went into this house for some gin—I went out with the measure and glass, and fell asleep.
NOT GUILTY .
JOSEPH HURST . I am a journeyman tailor. The prisoner lodged in the same room with me, in Charlotte-street, Fitzroy-square. On the morning of the 22nd of August, I went out—I did not leave the prisoner in my room, but he had access to it—on my return I missed from the room the articles stated—some part of them had been in my drawer—the prisoner was taken, about three days afterwards—he told me he had taken the things and pledged them, and he intended to redeem them in a few days—this is the property.
Prisoner's Defence. I intended to have redeemed them if I had not been taken so suddenly.
GUILTY . Aged 37.— Confined Six Months.
OLD COURT.—Saturday, September 21st, 1839.
Second Jury, before Mr. Sergeant Arabin.
2548. JAMES WATSON and ANN WATSON were indicted for stealing, on the 12th of September, 2 pewter pots, value 3s., the goods of George Augustus White; and 1 pewter pot, value 1s., the goods of William Evans; to which
J. WATSON pleaded GUILTY .— Transported for Seven Years.
A. WATSON pleaded GUILTY .— Confined Ten Days.
GUILTY . Aged 17.— Confined Three Months.
DAVID TURNER . I am a policeman. Last Friday week, about six o'clock in the morning, the prisoner passed me in Harrow-road, with a bag—I asked what he had in the bag—he said, rabbits, which he had brought from the Red Lion public-house, at Kilburn, and was taking them to Titchbourne-street, to a man who bought them—I took him to the station-house, and inquired at both places, and found the account was false—I found the owner lived in Maida Vale, about a mile from where I met him—he had six rabbits in the bag.
HENRY LUCAS . I am gardener to Mr. John Woodruffe, at Paddington. These are his rabbits—they were kept in a hutch in the garden—I fed them the night before—I went about half-past six o'clock in the morning, and six were gone—I know the prisoner by sight.
Prisoner's Defence. I was looking for a job at Kilburn, and met a man, who said his name was Smith—he said, "I will give you 1s. to carry these towards Titchboure-street, and if I do not overtake you, stop at the corner of the New-road."
GUILTY . Aged 21.— Confined Three Months.
Before Mr. Justice Vaughan.
GUILTY— DEATH .
Fourth Jury, before Mr. Justice Vaughan.
2552. GEORGE RICHARDSON and CHARLES BALL were indicted for burglariously breaking and entering the dwelling-house of William Barras, at Laleham, about the hour of one in the night of the 5th of September, with intent to steal, and stealing therein, 20lbs. weight of beef, value 10s.; 8lbs. weight of bacon, value 4s.; 6 dead partridges, value 10s.; 10lbs. weight of cheese, value 6s.; 3lbs. weight of lard, value 1s. 6d.; 4 pairs of boots, value 16s.; 31bs. weight of butter, value 2s.; and 1 towel, value 6d., his property; and RICHARD WHEATLEY . for feloniously harbouring and maintaining the said prisoners, knowing then to have committed the said felony; also for receiving the said goods, well knowing them to have been stolen; against the Statute, &c.
MESSRS. CLARKSON. and ESPINASSE conducted the Prosecution.
THOMAS WEBB . I am in the service of Mr. Barras, at Laleham. He left home on the 2nd of September—I sleep in the house when the family are out. On Thursday night, the 5th of September, I saw the premises locked up, and all safe at a quarter past ten o'clock—I came in at ten o'clock, and the scullery and kitchen-doors were locked about ten minutes after that—my fellow-servant and I went to bed about a quarter to eleven o'clock—I got up at half-past five o'clock, and when I went down I found the scullery-door which I had seen locked up the night before, open—it was not broken—the lock was thrown back, and it was open—the larder, and the safe drawer were open, and a wire window between the dairy and the larder was torn open—I then went into the yard and found the dairy-door, which is in the yard, open—I missed from the dairy two pieces of beef out of a salting-pan, and some bacon, and three brace of partridges, and about 10lbs. of cheese out of the larder, and several other articles—the wood-work to which the bar of the window of the knife-house was fixed, had been cut through with some instrument, and the iron-bar forced in—it was taken out, and laid outside in the yard—I missed one pair of my master's boots, and three pairs of the children's—close outside the dairy-door, about two yards from the window, I saw some marks on the ground—they had been made by corduroy trowsers or breeches, at the knee—I gave information to the police at Staines—I was present when Taylor searched a cart in Harris the constable's yard, at Egham—there Was Beef, lard, butter, partridges, and all the things I have named, found, and a kitchen cloth, marked "W. B. K., No. 12," which is master's mark—I fully believe the articles to be my master's—I could not swear to them, but every thing I saw corresponded with what was lost—I have not the least doubt of the towel, and I had cut the bacon the night before, but a stood deal of it had been used after it had been taken—there was not the same quantity, but it was the hind part, and dry, the hock—I did not see the boots.
COURT. Q. Were you the only person sleeping in the house that night? A. No—my fellow-servant West also slept there—he fastened the front door—the dairy is under the same roof as the house, and all forms one building—so does the larder, the kitchen, and the scullery—I have lived seven or eightye ars with Mr. Barras, as gardener.
THOMAS WEST . I am a footman to Mr. Barras, who is a gentleman at Laleham. On the night of the 5th of September, I went round the house a little before ten o'clock—it was all secure then—I fastened all the doors and windows—the drawing-room, dining-room, and all round the house—next morning, about twenty minutes to six o'clock, in consequence of an alarm, I went round the house, and found the doors as Webb has described—I was afterwards present when the cart was searched at Harris's, and saw the provisions in it—I believe them to be my master's—I know the cloth to be his, and I believe the other articles to be his—the cheese resembles his—I had taken it into the room for the last three weeks—it was decayed at each corner—the other articles were such as we missed—there were exactly three brace of partridges—part of the bacon is gone.
WILLIAM ROWLLS . I am a chimney-sweeper at Egham, about three miles from Laleham. I have known Richardson and Ball since the last day of Egbara races, which were in August—on Wednesday the 11th of September, between five and six o'clock in the evening, I think, I met them up at the top of the lane in the town—they were together—I had a horse and cart—they asked me to lend it to them, to take away their goods—I did to—I was not present when the cart was loaded—I was close at the bone's head when Mr. Wigley, the landlord, came to stop it for hit rent—it was close against the door where the goods were loaded up—close to the door of my house, where Wheatley lives—he lives within fifteen doors of my house—Harriet Blay lived there with him, and the other two prisoners lodged with them—the cart was stopped before it started, and was delivered into the hands of Harris the constable—I went down with it to Harris's yard.
MARY HOWARD . I lodged with Mrs. Blay before the 11th of September. I remember Wheatley coming home, between one and two o'clock in the afternoon, and dreadfully scolding Blay, I do not know what for—she said nothing to him—Richardson and Ball lodged at Wheatley's, and had done so nearly a fortnight—I helped to move some of Blay's goods between twelve and one o'clock in the day to Mrs. Bolton's, the next-door neighbour—Wheatley came home about an hour after that—Richardson and Ball came to Mrs. Bolton's that evening, with Rowlls's horse and cart, and they loaded the goods into the cart—when all was nearly loaded Wheatley came there, and Wigley with him—Wigley said he would detain the goods for rent—Ball and Richardson were present at the time, and they went up into Egham with the cart—Wheatley and Wigley also went with it—when they got opposite the church the cart was stopped by Harris, and it stood there all night, opposite the church—Felgate and Tilby remained with it.
COURT. Q. Ball and Richardson loaded the goods from Bolton's house? A. Yes, not from Wheatley's—the same things which I had taken from Wheatley's to Bolton's were brought out.
ROBERT HARRIS . I am a constable of Egham. In consequence of directions I received last Wednesday week from Wigley, about eight o'clock in the evening, I stopped the cart directly opposite ray house—it was dark then—the three prisoners were by the cart—Wheatley and Ball quarrelled, and during their quarrel I heard Wheatley say, "You know you have got the stolen property in the cart that you took from Laleham," mentioning a Piece of cheese—Ball immediately struck Wheatley in the face—I called Wheatley on one side, as soon as I could see an opportunity, and asked him if what he said as to the robbery at Laleham he was certain of—he said, yes. he was—he told me Ball and Richardson had broken into the
house at Laleham, and had stolen several things, but amongst them was some cheese, which was then in the cart—I do not think the other prisoners heard this—I immediately took Ball into custody—Richardson made his escape—I pursued and overtook him some distance from the place, and brought him back, and put him into custody also—I set Felgate and Tilby to watch the goods during the night—I was afterwards present when Webb and West saw the goods in the cart, and they identified them as the property of Mr. Barras.
COURT. Q. Recollect exactly what were the precise words made use of by Wheatley to Ball and Richardson? A. He said, "You know you have broken open the parson's house at Laleham, and stolen his property"—the prosecutor's house is directly opposite the church.
ROBERT TAYLOR . I am a police inspectoral Staines. On Thursday, the 12th of September, I went with Webb to Egham, and assisted in searching the cart—I have the cloth which was found in the cart, some cheese, and meat—I had Richardson and Ball in custody in the cage—they tried I to break out.
THOMAS WEST . re-examined. I know this cheese, but it is broken a good deal now—I know the bacon—when I saw it before it was at each corner—when I saw it in the cart it was in a more perfect state—I could identify it very well then—I know this cloth—I have the fellow one to it—it was in a bag in the scullery that night, with some dirty lines.
WALTER ROBERT LEIGH . I am a policeman at Staines. I was on duty on the night of the 5th of September, and between twelve and one o'clock I saw Ball and Richardson—I asked them where they were going—they said, "To London"—I asked where they came from—they said, "From the country, a long way"—they were about six yards from the Laleham road, and on leaving me they turned down the Laleham road——they had nothing with them, apparently—in consequence of Ball saying something to Richardson, when they got about three yards down the Laleham road they turned back abruptly, and went down the town—I did not see them again—Staines is lighted with gas, and I had my bull's-eye lantern, which I turned on them—they were about a mile and a half from the prosecutor's.
HENRY SAMUEL FELGATE . I am a cordwainer, and live at Egham On the evening of the 11th Harris asked me to watch a cart, near the church, and I, with Tilby, watched it all night—there were five of us watching it—I saw the cart searched next morning—the things could not have been altered in it during the night.
WILLIAM TILBY . I assisted Felgate in searching the cart—either I or Felgate were with it all night, until it was searched next morning—nobody could have meddled with it while I was there without my seeing it.
HARRIET BLAY . I was committed with the prisoners on this charge, but have been permitted to give evidence—I have lived with Wheatley six years—I had been going to leave him for the last three months—on Thursday night, the 5th of September, I went to bed as usual, about nine o'clock, or a little after—Richardson and Ball boarded and lodged in the house, and used to sleep there—Wheatley went to bed with me that night—Ball and Richardson were at home at the time—none of things claimed by the prosecutor were in the house then—I heard a talking between four and five o'clock in the morning, and went down stairs—Wheatley had been gone down about five minutes—I did not dress myself—when I got down Ball and Richardson were there, anil had got their
trowsers on—Wheatley was not dressed—I do not know whether Balt and Richardson had been in bed—there was some bacon, cheese, butter, and lard on the table—I said to Wheatley, "How came you by all this victuals?"—he said, "This is the cheese I ought to have had for the races; but as I did not have it then, I roust keep it for my own use; you are not wanted, you may go to bed; you need not ask any questions"—I saw a pair of boots by the side of the chair, and some birds on the chair-back—I did not notice what birds they were, and could not say how many here were—there were two pieces of salted beef on the table—I went to bed—two or three days afterwards I heard one say to the other, (but which spoke I do not know,) that they had sold the birds and the boots to Cutler—on the 10th, the day before the cart was borrowed, Wheatley said, if I left him he would stop my goods to pay the rent—I had said that day that I should leave him—he meant my household furniture—Ball said, "Rather than see your goods taken from you, I would hire a cart, and take lethem to Laleham for you"—I had taken a house at Laleham—the cart was borrowed, and I took out an old bedstead, and put in—among other things, the cheese and other articles produced were put into a drawer, not a box—and I believe they were put into the cart, but I did not see it done—I was not awake when they came in on the morning of the 6th—only when I awoke I heard the talking, and Wheatley got up—I do not know who put the victuals in the drawer—I never saw this towel till Mr. Taylor showed it to me—it was not in my drawer on the Sunday—I never saw any apron.
COURT. Q. You have had a quarrel with Wheatley? A. Several times—he has not used me well, and I have said I would take my children, and live by myself—I have one child by him—I have lived in the same house since they were taken—Wigley gave me the key again to live in the empty house.
Wheatley. Have not my lodgers a right to bring victuals into the house?—I cannot say whether it is stolen or not.
JURY. Q. Had the prisoners a right to the whole house, or only a room in the house? A. They slept down stairs, but we were all together in the day-time—the articles were put into a cupboard in the room where we sat—they slept in the same room—I do not know what they paid weekly—they did not pay me—we all had our meals together—the provisions were all kept in one place.
Wheatley's Dejence. I keep a lodging-house, and do not know at what time they come home.
RICHARDSON— GUILTY . Aged 19.
BALL— GUILTY . Aged 25.
WHEATLEY†— GUILTY of Harbouring. Aged 45.— Confined Two Years.
Transported for Ten years.
WILLIAM PARCELL . (police-constable S 51.) On Sunday the 8th of september, about twenty minutes before ten o'clock, I was in Highgate-lane. on my beat, walking aiong, it was very dark—the prisoner came out of the hedge, and said, "Stop!"—I asked him what for—he said, "What have you got?"—I asked him what business that was of his—he said,
"What you have got give to me, or I will knock you down with this stick" (holding up his stick across my face)—he held it by the thick end, and held it as if about to strike me—I drew my cutlass, struck at the stick, and knocked it out of his hand—the flat part of the cutlass fell upon his right shoulder, and knocked him backwards—I went to turn my lamp on, but found it was out—I went to the Spaniards public-house about one hundred and fifty yards distance off, and got a light, returned to the prisoner, and found him down upon the ground, where I had left him—I turned my light on, and he said, "Oh, it is a policeman, is it? had I known it was a policeman I would not have done it"—I am sure he is the same man, for I once had him in custody before—I could discer his face without a light, and knew him—he said, "I will give you all the money I have got if you will let me go"—I told him he must go with me to the station-house—I refused to take his money—I then sprung my rattle—the sergeant and three men came to assist me—I asked him to go to the station-house, he said he would not, and I and the sergeant carried him there upon the stretcher—there was a small graze upon his right shoulder—it merely grazed the skin off—I struck his stick away with the cutlass, because I thought he was going to knock me down—he was near enough to knock me down.
Prisoners Defence. On Sunday afternoon, between two and there o'clock, I was on Hampstead-heath—a gentleman gave me 2s. for drink—three or four soldiers came in and drank, and I paid for three or four pots of beer—at last the landlord would not let me have any more—I found it was getting dark—I was going to Highgate, and going down the lane, by Lord Mansfield's park, I leant against the railing to rest myself, and fell fast asleep—the officer came up to me, shoved his lantern against me, and sung out "Holloa! you must go to the station-house with me—I know you"—I said, "I won't go"—he collared, and dragged me—I said, "If you take me, you will be forced to carry me," and in about ten minutes of a quarter of an hour three or four policemen came and strapped me down on the stretcher, and carried me away—I own I had too much beer to drink that night, but I never struck at him—I have lost ray leg and thing and am very lame.
GUILTY* of an Assault only. Aged 46.— Confined Six Months.
First Jury, before Mr. Recorder.
2554. ROBERT EVANS was indicted for feloniously breaking and entering the dwelling-house of George Whaley, on the 11th of September, at Enfield, and stealing therein 3 waistcoats, value 18s.; 2 pairs of trowsers, value 16s.; lbs. weight of bacon, value 6d.; 1 coat, value 1l.; 1 jacket, value 1l.; 2 frocks, value 6s.; 1 hat, value 2s.; and 1 handkerchief, value 3s.; his property.
MARY ANN WHALEY . I live with my father, George Whealy, at North-lodge, Enfield-chase. On the 11th of September, in the afternoon, I went out to fetch a pail of water—I locked the door after me, and was gone about a quarter of an hour—when I came back I found a pane of glass taken out, and the window open—I remained outside and listened—I heard somebody come down stairs—I gave an alarm, and the people went to the house.
I went to the house, found a square of glass out of the window, and saw prisoner inside, feeling in the cupboard—I asked him what he did the e—he caught up something off the table, and struck at me, then Jumped out of the window, and ran after me—I ran away and gave an alarmm—I am sure he is the man.
DANIEL CHANDLER . I am a carpenter, and live in Churchbury-field, Sinfield. I recollect the alarm being given—I went to the back of Haley's cottage—Ward gave me a description of a penon, and I found the prisoner concealed in a ditch about forty rods from the house, in a field adjoining the house—I asked what he did there—he said he was very ill, and had laid himself down to rest—I took him to Whaley's cottage, and Ward identified him—he was lying at full length in the ditch.
GEORGE WHALEY . I occupy a house at Enfield-chasc, in the parish of field—when the alarm was given I found all my wearing apparel laid on the floor in the kitchen—I had left part up stairs, and part in a cupboard—they were not in the same place as I left them—the trowsers and waistcoat were taken from the cupboard.
Prisoner. I know nothing about it.
GUILTY . Aged 23.— Confined Twelve Months.
JOHN DEARLOVE . I am a baker, and live at No. 7, Knightsbridge-terrace. About three o'clock, in the afternoon of the 12th of September, I was in my shop—I saw the prisoner outside the shop—the window was open—I watched him, saw him take a cake from outside the shop-window, and ran away—he was brought back by the policeman in a short time, with the cake—it is worth 2d.—he took it openly—he did not see me looking at him.
ROBERT M'KENZIE . I am a policeman. I met the prisoner in Knights-bridge, stopped him, and asked what he had got under his jacket—he said, "Nothing"—I opened it, and found the cake, and took him to the station-house—he admitted he had taken it off the board—I asked him why he did it—he said he had no other mode of living but by thieving, he had got neither father nor mother—he was committed by Mr. Bunrell.
GUILTY* of stealing to the value of Three Farthings. Aged 12. Confined Six Days.
HENRY JOHN MANLEY . I am eleven years old; I live with my mother, Mary Manley, in Vinegar-yard, Drury-lane; she keeps a tobacconist's shop. On Wednesday morning, the 28th of August, I was minding my mother's shop—the prisoner came up, and asked me how much a box of lucifers were—I said 1d., and showed him some—he said, "There is a box further off, with better brimstone"—I was reaching them, and, on turning again, I saw he had got these cigars between his legs—he had taken them from the window—I told him to put them down, and he ran out with them—I ran after him, calling," Stop thief," and he scattered some of them on the Pavement—I followed him—he was stopped in Russell-court—Mills came and took him—I picked up the cigars.
JOHN MILLS . I am gate-keeper of Southampton-street, Covent-garden, and live in Vinegar-yard. I heard the cry of "Stop thief"—the prisoner was stopped—I took him to the station-house, and saw nine cigars taken out of the leg of his trowsers.
(The prisoner received a good character.)
GUILTY. Aged 16.—Recommended to mercy, — Confined One Month.
JAMES HURREN . I am a footman, out of a situation, and live in Chapel-street, Islington. On the evening of the 16th of August I took a cab is Goswell-street, to take some luggage belonging to my wife—I returned in the same cab to Goswell-street—two persons came up to me when I got out, and asked if I had lost any thing, and I missed a silk handkerchief which was safe before I took the cab.
WILLIAM GLEED . I live with my father, a cheesemonger, in Goswell-street. On the evening of the 16th of August, between eight and nine o'clock, I was outside the shop, cleaning the window—the prosecutor was on a visit at our house—he called a cab to the door, and put a bed into it—I saw the prisoner two or three yards from him, while the prosecutor was agreeing with the cab man about the fare—he was very busy about the prosecutor for some time—I then saw him put his hand into the pocket, and take the handkerchief out, put it in his breast, and run up the court—the prosecutor got on the cab directly, and drove off—he returned in about twenty minutes, with the cab—I told him of his loss, and information was given to the policeman next morning—the prisoner was brought to me on Saturday afternoon, and I identified him as the man—I am certain of him—I have often seen him near the shop.
GEORGE POULTON . I work for Mr. Buckle, of Aldercgate-building. I was in company with Gleed, at his father's window, and saw the prisoner standing behind the prosecutor, feeling his pockets—he took out a handkerchief.
JAMES WILD (police-constable G 182.) On the 17th of August I received information of the robbery, went to Golden-lane, and apprehended the prisoner, coming down Golden-lane—as soon as he saw me he ran away towards the City, and, as soon as I laid hold of him he asked what he had done—I said I did not know that he had done any thing, but he most go with me—I took him to the witnesses, and they identified him.
Prisoner. I am guilty.
GUILTY* of the Felony only. Aged 14.— Confined Twelve Months.
had some bread and cheese and beer there—the was there about a quarter of an hour—shortly after she was gone I missed from the drawer a tablecloth and sheet, which I had put into the drawer while she was there—these are them—(looking at them.)
Cross-examined by MR. PAYNE. Q. What do you know them by? A."D. L." written on them—I often used them, and did so that day—the prisoner did not see me put them into the drawer.
THOMAS JONES CAVANAGH . I am a pawnbroker, and live at Putney, I produce these articles, which were pawned on the 18th of July, by a female, in the name of Ann Nash—I do not know the person—this is the duplicate I gave.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Two Months.
JOSEPH CLARK . I am in partnership with George Manley, a currier, and live in Dean-street, Soho. The prisoner was our apprentice—in consequence of information, I called to him as he was going out of the shop—he began running, but was followed, secured, and searched, and ten pairs of half fronts for boots found on him belonging to us—he had no business to take them.
Cross-examined by MR. PAYNE. Q. Had you seen them before to know them? A. Yes, and had a mark on them.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Six Months.
2560. MARY ANN WILKINS was indicted for stealing, on the 7th of September, 1 printed book, value 1s.; 1 pocket-book, value 1s.; 1 handkerchief, value 1s.; 1 neck-chain, value 4s.; 1 thimble, value 6d.; 1 needle-case, value 6d.; 1 necklace, value 6d.; 1 1/2 oz. of beads, value 4d.; 1 box, value 2d.; and 3 pairs of trowser legs, value 1s.; the goods of John Bradford, her master.
MARTHA BRADFORD . I am the wife of John Bradford, a grocer and tea-dealer, in Rupert-street, Haymarket. The prisoner applied to me for a place about a fortnight or three weeks before the 6th of September—I told her I did not know of any then, but if she would look in again some time I would tell her—she came again on the 6th, and asked if I knew of a place yet—I said no, and that she was too little—she said she could nurse a child, and do little things, and that she had a very bad mother, who pawned every thing—I told her she might come next day and I would see what she could do—she came, and in about an hour after I told her to go and sweep the school-room up—my daughter keeps a school—she was there about half an hour—at ten o'clock, when the young ladies came, a box was missing, but I had no suspicion of the prisoner—she staid all day, and when night came I told her she had better go—as she was coming
up the kitchen stairs she seemed to have a pocket full of something—I asked what it was—she said, "Nothing"—I said, "Let me?"—she said, "No, my things are not clean, I should not like to show you"—I left her to call my daughter, and she ran out of the street-door—I ran into the shop and called a policeman—he and I went to where the prisoner had told me she lived, but they said she was not seen there for a fortnight or three weeks together—she was taken on the Sunday.
THOMAS WELLS (police-constable C 1.) In consequence of information I apprehended the prisoner in Dean-street, Soho, about three o'clock on Sunday, with a small bundle under her arm containing these articles.
MARTHA BRADFORD re-examined. These are all mine—they were all taken out of the school-room within half an hour—I believe her mother is a very shocking woman, and the child has a very bad home—she seemed a very handy, industrious little girl.
GUILTY. Aged 13.— Judgment Respited.
JAMES LUDLOW . I am a labourer, and lodge in Upper Charlton-street, Marylebone. The prisoner lived in the same house with his father and mother—at the beginning of August I went into the coal-cellar in the area with a light, and found some tooth-brushes concealed among some loose straw, with the name of Hensall, chemist, on them—I afterwards delivered them to Fowler.
HENRY FOWLER (police-constable E 111.) I was called by Ludlow to the house in Charlton-street on the 24th of August, and he gave me these twenty-eight tooth-brushes—I showed them to Mr. Goddard of Oxford-street on the 26th, as Hensall used to live there before Mr. Goddard.
GEORGE GODDARD . I keep a chemist's shop in Oxford-street The prisoner was my errand-boy—he left me without notice—I was shown some tooth-brushes on the 25th of August—they had my predecessor's name on them—the prisoner bad left on the Saturday week before—I afterwards went to his lodging and apprehended him—he ran out of the house with his mother—I ran after him, and called "Stop him"—he was stopped, and I took him, and gave him into custody—I said, "What have you done?"—I do not know that I said he had better tell me what be had done with the articles—it is possible I might—I can only swear to the property—we have that name on them, and never sold twenty-eight of them to one person—they are all of one pattern, but I cannot swear to them—I have not the least doubt of their being mine—I took all Mr. Hensall's stock.
HENRY DENNINGTON (police-constable E 128.) I saw Mr. Goddard with the prisoner in Cleveland-street—he gave him in charge at half-past nine o'clock in the evening—on the way to the station-house he said voluntarily that he found the brushes on Mr. Goddard's premises, but the bottle they could not prove any thing about.
GUILTY . Aged 17.— Confined Three Months.
JAMES JOHNSON . I am waiter at the Cheshire Cheese public-house, in Marquis-court, Drury-lane, kept by Henry Joseph Reed. On the 31st of August, I saw the prisoner in the tap-room with a basket, which appeared to be quite empty—in half an hour I saw him go along passage towards the yard, with something in the basket—I took hold of him, asked what he had in his basket, he said, "Nothing"—I asked him lo let me look—he threw it down and ran away—I caught him in Little Russell-street, returned, and found two table-cloths and a napkin in the basket, which are Mr. Reed's property.
PHILLIP CRICK . I live at the Cheshire Cheese public-house. I was outside the house, and saw the prisoner throw the basket down—I took it up and gave it to somebody standing by the, bar—I saw the linen in it before I parted with it.
JOHN LLOYD . I am a servant out of place and live in Wild-court, Drury-lane—the basket was handed to me after Crick took it up—I kept it until the officer came, and I delivered it to him in the same state.
(Property produced and sworn to.)
Prisoner's Defence. I am a plumber—I had been, returning from some work, and going home past this house, I went in and had half a quartern of gin—I was taken bad and went into the yard—as I returned, I stopped; and counted my money—I went out, and Denny came out—he had a goldheeded stick, and said, "What have you got in your basket?"—I said, "Nothing but my own property"—he said, "Oh! yes, it was you that stole two dozen knives and forks, two months ago"—knowing myself innocent, but being fearful of being taken on that charge, I ran away, leaving my basket there—I declare solemnly I knew nothing of the table-cloth being; there.
Prisoner. It was said I had been there two months before, when the knives and forks were lost—I was remanded to give them time to find them.
GUILTY . * Aged 28.— Transported for Seven Years.
NEW COURT.—Saturday, September 21st, 1839.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 15.— Confined Eight Days, aad Whipped.
MR. BODKIN conducted the Prosecution.
HENRY BAYLIS . I am a corn-chandler, and live in High-street, Borough, This watch and seals are mine—I saw them safe last on the 10th of August, about two o'clock in the day, hanging on a hook, by the side of the counting-house fire-place—I missed them about four o'clock—just before then an accident led me to go out—I left no one in the counting-house and about two hours after I missed them—they were worth about 30s.
WILLIAM BALLARD . I was an officer of Bow-street. I went to No 73, Compton-street, and found some property in the second-floor room there—while there, the prisoner came into the room—I detained him—I searched him, and found this watch, guard and chain—he said it was his father's or that he got it from his father—seeing that it was a pinchbeck watch, I thought it might be so, and returned it—Fletcher took him to Bow-street.
Cross-examined by MR. DOANE. Q. Had not he a pair of trowsers under his arm? A. No, he said he was come for a coat, but finding another person claimed it, he said he had come for a pair of trowsers.
GEORGE DAVIS . I am an assistant jailer at Bow-street. On the 22nd of August, in the afternoon, I was taking the prisoner with some other to the van—as he came to the door of the office, he passed this watch with the chain to a man who stood outside, who immediately put it in his right hand trowsers pocket—I caught hold of him, and said I must take him to the office—he passed the watch to a woman, but I succeeded in getting it—this is it.
CAROLINE LINSET . I lodge in the back-room on the second floor, at No. 73, Compton-street. Freegrove and some other persons resided in the front room—I have seen the prisoner there at all hours, night and day, sometimes.
GUILTY . Aged 21.— Transported for Seven Years.—(See Page 809.)
GUILTY .— Entered into recognizance to attend for Judgment when called.
MESSRS. BODKIN and CHAMBERS conducted the Prosecution.
ALFRED WARNER . I am the son of John Warner. He is a brassfounder, founder, and is in partnership with my two brothers, who are likewise brass-founders, and live in Jewin-crescent—the prisoner was in their service, as a labourer, and had been so twelve or thirteen years—he attended to the old metal department, of which there was a great quantity Purcahsed for melting—none of it was ever sold—on 17th of August I heard the prisoner was in custody, and was shewn some old metal in a basket by one of the police officers—I believe this to be the basket—it contains metal of the description which we have on our premises—the prisoner had no authority to take any away—we had baskets on our premises which were made for us, and this is one—the metal might be worth about 6d. a pound, and the basket about 1s.
Cross-examined by MR. PHILLIPS. Q. Howdo you know that basket? A. There is a private mark on it—a notch according to the size of the
basket—it is put on by the maker—I think he lives in Barbican—he has made for us a great many years—I never went to his premises, and cannot tell for how many hundreds he may make—none of this metal is sold out of our premises in town—large quantities of it are sent into the country—it is not sold—it is exchanged for new goods—I will swear that none of it is exchanged in town to my knowledge—I have not such a knowledge as to undertake to swear that it never has been exchanged—it has never been sold from the shop—we exchange such metal—I did not mean to infer that it never left our premises—I know a person named Nairn, but only by name, as a brass-founder—I know but little of the old metal department—the clerks have the care of it—we have no clerks here—Mr. Hodge is one—the metal comes under the superintendence of various persons—the prisoner had about 17s. or 18s. or 1l. a week for wages—I do not know of what his family consists.
MR. CHAMBERS. Q. Had the prisoner any authority to dispose of, or exchange, or sell, any metal? A. Certainly not.
GEORGE MILLWARD . I am a labourer, in the service of Messrs. Warner, and have been so for eighteen years. The prisoner was a labourer there—I have known him there about twelve years—I am generally placed at a little wicket, which leads to an inner warehouse—it is the way persons go out—there are about one hundred persons employed there—there is a fund among the people there, and the prisoner has received the contributions of the people as they went away on the Saturday for several years—he was stationed generally near to where I was—on Saturday the 17th of August, between five and six o'clock, I was five or six yards behind him—the people were going out, and he was receiving the money for the fund—while he was so employed, about half-past five o'clock, I saw him turn round from his book; which he set down, and take up a basket, which was about three-parts full and heavy—he stumbled against a place which saved him from falling—I saw him take it down the passage—it was covered over with brown paper—I saw him lift it on to his shoulder—this basket looks like it—I saw him till he got to the end of the passage, and when he turned the corner I lost sight of him—that would lead him out—he was gone five or six minutes, and then returned without the basket, and received the money of what few persons there were to pay—he went away a few minutes after six o'clock—he would have no authority to take out baskets of old metal—he frequently did take parcels out.
Cross-examined by MR. CLARKSON. Q. Had the basket you saw on his shoulder one handle or two? A. That I did not notice—it seemed a pretty good basket—I should not say so of this basket—I do not subscribe to this sick fund—the prisoner's wages are 17s. a-week—mine are 24s.—I have heard him say he is married—he told me he lived with his mother—the people pay 2d. a-week to the sick fund—the collection is not made without some one is sick.
THOMAS TOWLE . I am in the service of Messrs. Warner—I make copper rivets. On the 17th of August, about half-past five o'clock, I saw the prisoner take a basket, put it on his shoulder, walk out, and return in five minutes.
CATHERINE BONSOR . My husband keeps a fishmonger's shop, in Jewin-street, about twelve doors from Messrs. Warner's. On the 17th of August the prisoner came to our shoo, between five and six o'clock, with a basket
—it appyeared to have some old metal in it—he had six penny worth of oysters, and said he had to carry the basket to Well-street, Whitechapel—I know him by sight, by going to Messrs. Warner's, and as a customer—I said it was a long way to carry so heavy a load—he said he had to carry one every Saturday evening—it appeared to me to be heavy—he said if he did not carry it others would—he asked permission to leave it with me, which he did for about half or three quarters of an hour—some brown paper was over the contents—a little boy who was playing about, pulled the paper off, which enabled me to see the contents—this is the basket—it contained metal of that sort—about three quarters of an hour after the prisoner came again, took it away, and went up Redcross-street.
Cross-examined by MR. PHILLIPS. Q. You remarked the basket particularly? A. Yes, I am sure this is it—I pushed it further myself—there are a number of baskets in Court, it was an old basket, and it is thinner than them—this is the one which the prisoner left—when I was pushing it further I was afraid it would fall to pieces.
GEORGE CHARGE . I am a cab-driver. On Saturday, the 17th of August, about half-past six o'clock, I was at the corner of Jewin-cresent with my cab—I saw the prisoner—he asked if I was hired—I said, "No"—he told me to turn round, and go to the end of Redcross-street to take up a basket—I went there, and waited five or six minutes—he came with a basket with something very heavy in it—it had a brown paper over it—I asked him to put it in—he told me to drive down Sun-street, and there on to Well-street—he told me to stop three or four doors from a house which was shut up—he got down, and was taken by two policemen—the basket was left in my care—they took possession of it—it was similar to this.
DENNIS POWER (police-constable H 18.) On Saturday evening, the 17th of August, in consequence of information, I was watching in the neighbourhood of Well-street, Mile End-road, and saw a cab stop about ten minutes past seven o'clock at the house of a man named Phillips, a dealer in marine stores, about a yard from the door—I saw the prisoner in the act of coming out, and I found in the cab this basket, containing a quantity of yellow brass—it was a close cab—Phillips came to the door at the time—I asked him if he was in the habit of buying brass of that man, he said he had never seen him, and never bought any thing of him—the prisoner said, "Yes, you did"—I then took the prisoner into custody in the cab that brought him, and left another constable at the house—I took the prisoner to the station-house, and the metal too—on my way there he said, "Oh, my God, I am ruined!"—I did not say any thing till I got to the station-house—what the prisoner then said was not, taken down in writing—the inspector was there when I took him, and when this conversation took place I asked the prisoner where he got this brass from—he said he collected it in various parts of the City—I asked if he was any trade, he said, "No"—I asked his residence, which he gave me—I then weighed the contents of the basket, and found it contained 94lbs.—this is the basket and the contents, with the exception of some brown paper over it.
WILLIAM COOPER BASS . I am in the prosecutor's service. On Saturday, the 17th of August, I saw some metal of the same kind as this at the station-house—we had a great quantity of such metal at the Prosecutor's warehouse—we are constantly in the habit of receiving such metal—this basket is one of ours, decidedly.
Cross-examined by MR. CLARKSON. Q. Do you al ways purchase metal of person you know? A. The greater part of it we have from the country—we buy it sometimes of strangers—I make no entries of metals, and there are none made without they are to the amount of 2l.—I believe 7d. a pound is the usual price for brass—I do not pay for it—I will not swear that they give more than 6d. at the present time—it has been 6d. brass does not vary in value—I know this basket by the mark which denotes the size of it—I cannot tell whether other baskets made by the same maker and of the same size bear the same mark.
MR. CHAEBERS. Q. Have you any thing to do with paying for the metal? A. No, I weigh it.
Cross-examined by MR. PHILLIPS. Q. When did it come out of your place? A. I cannot tell to a day or two—it may be six months since—baskets. are packed very often, and then come back again—my business in baskets of this sort is confined to Messrs. Warner's, except six that I made some time ago for a Jew—there were two Jews who called for them—I notched them, but they were straight down notches, not like this—I am confident this was made for Messrs. Warner—I could swear to my own work in any court—I have made more than ten thousand of these—when they are used a little they are sent about any where, and then they light a fire with them no doubt—Messrs. Warner's have a good deal of town business—there is plenty of old metal about their factory.
MR. BODKIN. Q. Have you ever seen this Jew since? A. I think I have seen him at a public—house over the way—the order was given since the prisoner was in custody.
GUILTY . Aged 23—
2567. ALLEN PICKERING was again indicted for stealing, on the 10th of August, 1 basket, value 1s.; 1 screw, value 1s.; 2 metal cocks, value 2s.; 2 bags, value 1s.; and 90lbs. weight of brass, value 2l., the goods of John Warner and others, his masters; and GODFREY PHILLIPS , for felniously receiving the same, well knowing it to have been, stolen; against the Statute, &c.
MESSRS. BODKIN and CHAMBERS conducted the Prosecution.
RICHARD WARD . I am warehouseman in the service of Messrs. Warner. On the 19th of August, I went to the house of the prisoner Phillips, and saw three bags of metal on the floor—I think one of them, and a basket, was emptied on the floor before me—amongst the articles I found this screw belonging to the hose of a fire-engine, this large brass cock, and this small brass cock—I can swear this screw and this large brass cock belong to Messrs. Warner—I think I saw them in their counting-house about three weeks before I found them—they were passed down to the old metal warehouse, where Pickering was employed.
DENNIS POWER (police-sergeant H 18.) I was on duty in Well-street on the 17th of August, and saw the cab draw up in which Pickering was—I saw him get out, and found a basket of metal in the cab—I know the house occupied by Phillips—the business of marine stores is carried on there—the house was closed that day, being his Sabbath—the windows were open—when the cab stopped, Phillips came to the door of his house, while
Pickering was in the act of getting out of the cab—I then took Pickering into custody—I said to Phillips, "Are you in the habit of buying brass of this man?"—he said, "No, I never bought any thing of him" Pickering immediately replied, "Yes, you have"—Phillips then said, "Yes, about six months ago I did; I only bought once"—I then asked Phillips if he knew Pickering—he said no, he did not—I took Pickering to the station-house, and left Conway in charge of Phillips's house—after I left Pickering at the station-house, I returned to Phillips's house, and found him there—he said he had only bought brass from Pickering once, and of that he had made an entry in his book, about six months ago—I demanded to see the book, and he produced it himself—this is it—he said, "There is only one entry in the book"—he opened it, and presented it to me where the entry was—I cannot be confident whether it was the entry of the 7th of March, or the 2nd of May that he showed me, but I believe it was the 7th of March—on that day here is, "Bought of Mr. Pickering, 2qrs, of pot—metal, at 5d. per lb., 1l. 3s. 4d."—I examined the book, and found nine other entries in it—the first entry was on the 23rd of October, 1838, "Bought of Mr. Pickering, 2qrs. 8lbs. of pot-metal, 1l. 9s. 4d. "on finding that, I said to Phillips, "He has been here before?"—he said he was not aware of that—I looked further, and found another entry on the 27th of November—I pointed that out to him, and his son, who was sitting along tide of him at the table, nudged his elbow—I pointed out the other entries, and then he said he was not aware he had been there so often—the last entry was on the 2nd of May—I went to Messrs. Warner's, in Jewincrescent—I was gone an hour and a half or two hours—I had left no one at Phillips's premises—I went back accompanied by Mr. Bass—I found Phillips at home—I had before I went away noticed a basket in his frontshop similar to the one I took in the cab—I directed Mr. Bass to look at the contents of that basket, which I put out on the floor—be identified it it as Messrs. Warner's property—I then found another basket in the same front shop, with a quantity of yellow brass in it—I produced that to Mr. Bass, and he said, "That is ours," pointing to some articles in it—I then told Phillips to consider himself in custody—I then went into a back ware-house, and found six baskets there—they did not contain any thing, but they were the same sort of baskets as the other, and were identified by Mr. Bass—I went into another warehouse, and found five other baskets—I said to Phillips, "Are these all the baskets you have got"—he said, "Yes, these are all I had from Pickering"—I then took him to the station-house, and left an officer in charge of the shop—I went there again on the Monday after with Mr. Ward, and found other metal which he claimed—I took the two prisoners in a hackney-coach to the office, and in going along, Phillips addressed himself to Pickering, and said he had told him he was recommended by some person in the employ of Messrs. Glascott—Pickering said he did not—Phillips then said, "I paid you 6d. a piece for each of the baskets, besides paying you for the brass"—Pickering said he did not—Phillips repeated the words, "I did pay you 6d. for each of them"—Pickering shook his head—these are the baskets and the metal which I found there.
Cross-examined by MR. CLARKSON. Q. How long have you been in the H division of the police force? A. About three years, since I joined it last—I was not out of the police force before I joined the letter H last, more than six weeks—it might be three years from the time I was in the H division
before till I rejoined it again—I have now been to the division three years, and I was three years away from that division.
Q. When did you first join the police force? A. Ten years on the first of February next—I then went into the H division—I might stay in it for four years, I cannot speak positively—I then changed to the K division—there might be an interval between my leaving the H division and joining the K, but I was not out of the police force—I might be two years in the K division, I am not certain—I cannot positively say in what year I left the K division—I was not aware that such a question would be put—it has escaped my memory—it might be two years and a half—I then resigned out of the K division—when I left it was recorded as a resignation.
Q. Do you mean to repeat that you resigned, or that it was recorded you resigned? A. The commissioners of police allowed me to resign out of the force, and I resigned as a matter of course.
Q. Before you were allowed to resign, were you told by the commissioners that you were a dangerous character, and should not be trusted any longer with the high honour of a police constable, and you were dismissed from the force? A. I do not recollect it—if such language fell from any commissioner I do not recollect it—my character is good, as good as that of any adventurer who ever left Ireland.
Q. Have you ever worn large bushy whiskers? A. Yes, I used—they remained on till a very recent period—I cannot tell when I shaved them of—I shave every day.
Q. Then why did you fix on any recent period at which you shaved them off? A. Because it was an order from the commissioners of police that every man was to shave his whiskers off, and make them in rather a more military style, that was why I cut them off.
Q. Do you ever read the "Weekly Dispatch" newspaper? A. I do not think any thing of it—I do read it occasionally—I read the account in it of my own affair before the commissioners, and a more gross falsehood was never published—I wrote to the editor of the "Dispatch," and was about to enter an action against him.
Q. Why did you not? A. Perhaps I had not the means to do it—the editor was willing to make any apology, as my friend told me—I never heard Colonel Rowan say that I was a dangerous character—I will not swear he did not say it in my presence—I made a charge, which was a good one—I have got a witness to prove that my charge was a good one.
Q. Did not Colonel Rowan tell you you had made a foul and false charge against a brother officer? A. It would be impossible for me to recollect every thing that passed—whether he repeated that language or not I am not prepared to say—this was after an examination that lasted five days—I was dismissed the force.
Q. You said you resigned? A. I was kept on nine days after, and was allowed to resign—I have got good interest, and I employed my friend to interfere for me to join the police again.
Q. Did the commissioners, after that five days' examination, tell you you were no longer worthy of a place in that or any other honourable corps? A. I will not swear it was not said.
Q. Were you ever told you were not worthy to be believed on your oath? A. It might be said, but I do not recollect it—I have been at Lambeth-street many times—I was never told by the Magistrates of Lambeth-street
that I was not fit to be believed on my oath—it is easy for you to get a parcel of Jews to say things against me—I have been offered money in abundance to settle this case—300l. I have been offered.
Q. Will you swear positively that you were not told by the Magistrates at Lambeth-street that you were not fit to be believed on your oath? A. I swear I never heard it in my life—I will swear I never heard it, and if it was said within a yard of me I must have heard it.
Q. Were you at all interested in any affair with a young woman and a ladder? A. Never, sir.
Q. Were you ever concerned in any transaction with the daughter of a widow by means of a ladder? A. Never, sir—I never used a ladder in my life—I was never charged with having seduced a widow's daughter—there was a complaint made against me for keeping company with a person, but I do not think that was a widow's daughter—her father was dead, but her mother was married a second time—I should think the age of the gird was twenty—I will not swear it—I never inquired her age in my life—that was while I was in the H division—her mother made the complaint—I dare say it is six years ago.
Q. When you left the K division had you been a sergeant? A. Yes, and when I was out of the force I set my friend's interest at work, and got in again, but not as a sergeant—it is an order of the Secretary of State that you cannot join as sergeant—I went into the ranks—I cannot speak to the time I continued in the ranks—I dare say it was two years—I am almost sure it was—I will not swear it was eighteen months—it was more than twelve months—the complaint the woman made against me was for keeping company with her daughter, nothing else—she did not complain of my seducing her daughter, in my presence—I cannot tell whether she used that word in my presence.
Q. You were exchanged from H to K? A. Yes, through a person of the name of Brown, a hair-dresser in Whitechapel, who frequented the Garrick tavern—I was bringing a prisoner along one night, and I said he was no better than one of the swell mob—I do not know whether that was a gentleman of the name of Stebbings, residing at Ratcliffe—I do not recollect his name at all—Brown was the man who came up and made the complaint, and Colonel Rowan told me then to join any division in the police I liked, and I joined the K—he asked Mr. Hunter, a gentleman who is now deceased, "Can't you remove Power to another division, so that he may be away from these people that have complained?"—the reason I was removed was, that I should not have any words with this person—he said, "You can join any division you think proper," and I chose the K—I recollect Colonel Rowan telling me to join any division I thought proper in the force.
Q. After turning you out? A. He did not turn me out—he permitted me to remain in it till there was a vacancy in the K division.
Q. What became of the complaint against you by the widow? A. She went to the superintendent and told him about it—there was an inquiry about it, and it was found I did not do what was represented, in taking the girl out—I never did take her out—I never walked two yards from the door with her in my life.
Q. Then that was explained to the satisfaction of the superintendent? A. I believe his answer to me was, that it was improper in me to go there, and he required me to go there no more—he never made use of the
word that he would have me discharged—he said he would brine me before the commissioners if I did not give over going to this place—I was never complained of by any other gentleman for abuse and ill-treatment, except Brown, to my knowledge.
Q. Will you swear you were not charged with having abused and ill-used Mr. Brown? A. He made a complaint, I tell you, but a charge is a very different thing—I should call it a charge when a person makes a complaint and signs the sheet.
Q. Will you tell us whether there was not a complaint or a charge made at some other person's instance? A. There might be a good many charges which were unfounded, and which I rebutted, to the satisfaction of a good many—I was never here when a person was charged with stealing a pewter pot—I never had a pewter-pot case in my life to my knowledge.
Q. Did you ever tell a witness who came here to contradict you that he had better top his boom and be off? A. I never made use of the word—I never recollect any such thing.
Q. Was it in a case of a pewter measure? A. I do not know that I never had a charge of that description in my life, that I know of—I believe I had a glass stealing case—that was, I believe, the only charge I have ever had of that nature.
Q. Did you ever tell any man who came as a witness on the part of the prisoner, in any case in which you were a witness on the part of the prosecution, that he had better top his boom and be off? A. I never recollect using such language in my life—I have no recollection of it—perhaps you will get parties to swear it.
Q. Will you swear positively you did not use it? A. I do not recollect it.
Q. Have you done nothing to meet with the disapprobation of the Magistrates in this case? A. Not that I know of—I did not receive the disapprobation of the Magistrates, that I am aware of—the possession of this house belonging to Phillips was improperly got away from me—it was communicated by a solicitor to my superintendent, that it was the order of Mr. Broughton to give up the house, and I told him so, and he said, "Let it be generally understood in this Court that I never gave such an order"—I was ordered to give it up by my superintendent, and Mr. Broughton said publicly in Court that he never gave any such order; and Mr. William Heritage said he was—bound to give some explanation for going to the superintendent; and Mr. Broughton said, "I suppose it must be a mistake" but for that I would have had other charges against Phillips here to-day—I took possession of the keys of the shop—there is another way of going into the house, through the passage—I had not the key of the front door—Phillips and his family had free access to the whole of the house, without the shop—I took possession of the keys of the two shops without the knowledge of the Magistrate or my superintendent—I was not remonstrated with by the Magistrate for so doing—MR. Broughton said, "The police know what they are doing."
Q. How soon after you got them were you remonstrated with? A.
Some days—I put one "man in the place, but not without the knowledge of my superior—I said to him, "Sir, I will leave a man here to-night, as there is a good deal of property in these two shops," and the following morning I went to my superintendent, and said I had better leave a man by night and day—the superintendent did not remonstrate with me about
keeping the keys till William Heritage came and said I was ordered to give them up.
Q. Did you tell your superintendent that the Magistrate knew you had got the keys? A. No—my superintendent asked me how the case got on, and I told him.
Q. Will you swear you did not tell the superintendent that you were directed by the Magistrate to take the keys? A. I never recollect any such thing—if they understood it so they must have misunderstood me—I never repeated such words, only what I have stated to you—if such language was understood it is certainly wrong—he might understand one thing and not another—when William Heritage came to say that I was to give it up the superintendent said, "Power, I understood from you it was the Magistrate's order"—I said, "No, sir, it was remanded till Saturday, and I thought it necessary to leave a man there"—I do not recollect telling the superintendent that I had authority from the Magistrate to take the keys—I will not swear I did not say so—I was never charged with any ill-usage of a female, to my knowledge—if I had done any thing wrong to a female I should recollect that.
Q. Were you complained of for doing any thing wrong to a female? A. Yes—I did not give her any thing to buy her off—the woman is alive, I cannot recollect her name for the instant—she can be found—she never made a complaint against me.
Q. Was there no complaint made? A. Yes, it was made by a man I quarrelled with, who is a constable now at the Union Saloon beer-shap and can be found—I cannot recollect the name of the woman—she lives at No. 8, Friar-mount, Bethnal-green—that complaint was investigated.
Q. Did you go to the woman's house? A. Not before it was investigated—it was on Sunday night, the 17th of March—she was passing by Brick-lane, with a milk-can in her possession—I went to her house as a matter of course.
Q. Did you give her any money? A. I did not, so help me G—d—there was no money given her, to my knowledge—I did not promise her any, though 8he asserted afterwards that I did, I never did, and that was disproved.
Q. Did you go to her house and get a letter from her to take to your superior? A. No, sir—she could not write—I got her signature—I did not carry a letter to her house—it was a statement, a few lines—I did not write it—a constable in the force, 73 H, named Jerome Galvin, wrote it at my request—I did not think it was necessary to write it myself—he was sitting there, and I said, "You write this out."
Q. What, had you got a copy ready for him? A. I think I worded it to him—I might have had it written—the statement was written out by this man, and I took it in presence of a witness, and said, "Are you satisfied with this?"—she said, "Yes"—"Will you sign this?"—"I can't write, I will make my mark."
Q. Who was your witness? I went to a respectable inhabitant of Bethnal-green, and his statement went to the Commissioners of Police, and they were satisfied—he followed me up, and said, "You was very much injured by this person, you never made use of this expression"—he is a broker in Church-street—his name is Sands—he will come and take his oath that such an expression never fell from my lips—the superintendent asked me, did I promise her any money? and I said no—and I never saw her only in presence of a respectable witness.
Q. Did the woman come before the superintendent and say that you cajoled her out of the letter under a promise of 5s.? A. I do not know whether she made use of that language—I did not see her.
Q. Before you left the division of the force in which you were, did the Lambeth-street Justices tell you that they would not receive your evidence except it was confirmed by another policeman? A. I never heard them, on my oath—I never heard them say so to me in my life, to my knowledge—there was no complaint made against me before the Justices on this case.
Q. Were you charged with having got a ready written paper and reading your evidence to the clerk from that? A. Yes—I had got a written paper in my hand which contained the notes of my evidence on a former occasion.
Q. Who gave it you? A. I got it at Mr. Hunt's office.
Q. Did you get it before you gave your evidence? A. No—I had given my statement before the Magistrates.
Q. You then went and got a copy, and made your deposition from the written statement? A. No—I had only read about two lines before Mr. William Heritage said, "You are reading your evidence"—I said, "No, it is only a note of my evidence"—I had only read about two lines—I had two examinations before this, and explained the entire of my evidence—the entire of the facts, word for word—I was then ordered by Mr. Hunt to go to him, who said he wished to get the evidence—I went to his office, and he took down our evidence—at least his clerk did.
Q. Did the attorney, Mr. Hunt, know that you were going to take that to the Magistrate, and read your deposition from it when he gave it you? A. No—I asked his clerk for it—I do not think he knew I had it—I asked for it to refresh my memory, and that was the paper from which I was reading whilst the clerk had begun to write my deposition.
MR. BODKIN. Q. Were those circumstances in the paper related when the "Dispatch" newspaper was attacking the police force every Sunday? A. They were, and more than that, I know the individual who employed the reporter to put that article in the "Dispatch"—I have been in the force without any complaint being made against me since that female's, which in some months ago—I never gave her any money nor promised her any—between twelve and one o'clock at night on the 17th of March, I saw this woman coming up, rather shabbily dressed, with a new milk can in her hand—I said, "Where did you get it?"—she said, "It is my own"—I said, "Where do you reside?"—she said, "At Friars Mount, Bethnal-green"—a constable was by, and heard her—I called him, and said, "Go with this woman to her residence, and see if her story is correct"—a person who was tending by said, "What business have you to call this woman a beast?"—that was the charge made against me—Col. Rowan and Mr. Mayne are both aware of my being now in the force, and being sergeant in it.
MICHAEL CONWAY . I am a police-officer. I was with Power when he took Pickering into custody—Pickering was in a cab—I saw it stop at Phillips's door—there was a basket in the cab—I saw Phillips come to the door, and Power asked him if he knew Pickering—he said, "No"—Pickering said, "Yes, you do," and then Phillips said he had seen him once, about six months ago—Power then told Pickering he was his prisoner—he put him into the cab, and took him to the station-house—he asked Phillips if he was in the habit of buying brass from the prisoner—Phillips
said, "No"—Pickering said, "Yes, you have"—Phillips then said, "Yes, once, about six months ago," Power then told Pickering he was his prisoner, and he put him into the cab and took him—I was in Phillips's house till Power came back—on his coming back he asked Phillips if the prisoner was known to him—Phillips said "No," but that he bought some brass of him on one occasion, about six months ago—he did not say any tiling else on that occasion—he produced a book, and said he bought brass of him once about six months ago, and he would read him the entry of it from the book—Sergeant Power demanded to see the book, and he pointed out ten entries, and showed them to Phillips, who said he did not think there were so many—after that Power and I went away for some time—I returned there about half-past ten o'clock with Mr. Bass, who pointed out the baskets—Power then gave Phillips into my custody—Power and Mr. Bass went to search the back premises—while they were doing that Phillips said to me that he paid Pickering 6d. a piece for the baskets, beside when he paid for the brass—I remained in the house till the following morning.
Cross-examined by MR. PHILLIPS. Q. When did you see your depositions last? A. When they were read to me at Worship-street this day three weeks—I have not seen them since, and there has been nothing read out to me since, I am sure—Power asked Phillips if he knew Pickering-Phillips answered, "No," and then he said he had seen him on one occasion, about six months ago.
Q. Upon your oath, did you breathe one word of that till after you had heard Power's evidence read over before the Magistrate? A. I did—I was not examined till my deposition was taken.
COURT. Q. You say in your deposition, "I recollect this by hearing the evidence now read over," did that apply to your own evidence or to his? A. It was not to his, it was on my own deposition.
Q. Before you stated that, had you heard Power's deposition? A. Yes, I had stated this fact before I was reminded of it, to persons in the office—I believe I stated it to Mr. Hunt—I distinctly recollect it now from my on knowledge.
JAMES BURT (police-constable H 166.) On the 19th of August I assisted in bringing the prisoners from the station-house to the office in a coach—as we were going along, Phillips said to Pickering that he paid 6d. a piece for each basket, in addition to paying him for the brass—Pickering said, "No"—Phillips repeated it again, and Pickering shook his head, and said no more.
WILLIAM COOPER BASS . I am a metal-sorter, in the prosecutor's service. I went to Phillips house on Saturday night, the 17th of August, about half-past ten o'clock—I saw several baskets in the front shop—I identified them as the property of Messrs. Warner—I saw a basket with a quantity of brass in it, which I have every reason to believe was the property of Messrs. Warner—I then went into the back shop, and found some baskets there, which were the property of Messrs. Warner—I heard Phillips say that they were the baskets in which he had received the metal from the prisoner Pickering.
Cross-examined by MR. PHILLIPS. Q. Was not the expression he made use of, that they were baskets in which the metal had been brought? A. Yes.
near the house of Phillips, the marine-store dealer—I saw Pickering get out of the cab, and take out a basket containing metal, and the top covered with brown paper—it was a basket like this one, a brown twig basket, and mended with white—I believe this is the basket—he took it into Phillips's house—I had seen him come there in a cab four or five Saturdays before—he always came in a cab, about seven o'clock—in consequence of what I observed, a communication was made to the police.
EDWARD ALLEN SKENE . I am clerk to Mr. Sykes, the timber-merchant Four or five Saturdays before the prisoners were taken I had seen a cab come within about 200 yards of Phillips's house, and a man get out, and convey a basket particularly heavy loaded towards Phillips's house.
WILLIAM JONES . I keep the Jacob's Well public-house, which is next door to Phillips's—I know Pickering, from seeing him once or twice in my house, in company with Phillips—they have been together mostly in the latter part of the day, and they drank together—I cannot say whether they came together, or on what day of the week they were there.
PICKERING— GUILTY . Aged 23.— Transported for Seven Years.
PHILLIPS— NOT GUILTY .
GEORGE HAYES . My wife is a laundress, we live in Lawrence-street; Chelsea—the prisoner was in our employ—we have lost a cart-load of linen. On the 5th of last April, I lost three Rowels, one table-cloth, and four napkins—these are them—they are the property of different people that we wash for.
Cross-examined. Q. Is she married? A. Yes, she came to me as a washer, which is half-a-crown a-day—when she was unable to do that, she acted as folder, and had 1s. 6d. for working from nine to nine o'clock.
GEORGE HAYES Re-examined. On the 21st of August, I found the towels produced, at Mr. Thompson's, and saw my customer's name on them—they were pledged for 1s.—I redeemed them, and gave the prisoner in charge—she said she had pledged them, that they were the only ones she had taken, and she would pay for them—the pawnbroker never attended.
The prisoner received a good character.)
GUILTY . Aged 32.— Confined One Year.
DAVID JAMES WATERWORTH . I keep a shoe-shop, and live in Hackney-road. About seven o'clock in the evening, of the 17th of September, Kemp called and told me something, in consequence of which I missed a pair of shoes—these are them.
GEORGE KEMP (police-constable N 82.) I was on duty, and saw the prisoner with two others, one of them took the shoes from the shop, and gave them to the prisoner—I took hold of him, and they fell from him.
Prisoner's Defence. I was half-a-yard from them—I saw the boys go by me and drop something, the policeman took me and said I dropped them from under my coat.
GUILTY . Aged 17.— Transported for Seven Years.
EDWARD FARR . I live in Rockingham-row, West, Kent-road On the morning of the 14th of September, I was at the corner of Museum-street, in Drury-lane—I saw the prisoner take a piece of cotton from Mr. Fletcher's door, and cross over—I went into the shop and told the young man—he came out and took her—the policeman came up, and the cotton was taken from her.
Prisoner's Defence. I picked it up—I did not take it from the door.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy by the Prosecutor. — Confined Eight Days.
Sixth Jury, before Mr. Sergeant Arabin.
2571. WILLIAM GARRETTY and THOMAS KELLY were indicted for stealing, on the 3rd of September, 2 salt-holders, value 1s.; 2 ornaments, value 1s.; 1 butter-pot, value 4d.; 2 basons, value 10d.; 1 jug, value 3d.; 3 cups, value 2d.; 3 saucers, value 2d.: 1 pair of snuffers, value 3d.; and 2 watches, value 1l. 16s., the goods of David Williams, the master of William Garretty; to which Garretty pleaded
GUILTY . Aged 18.— Confined Six Months.
DAVID WILLIAMS . I live in Coventry-court, Coventry-street, Haymarket. Garretty was my apprentice for about two years—I suspected all was not right, and that he had robbed me—I know nothing of Kelly—I lost the property stated.
WILLIAM CLARK (police-constable F 129.) I took Garretty into custody, and charged him with taking some things—he acknowledged to taking the watches, and said he took them to Kelly, who had agreed to keep them—I took Kelly, and found on him the duplicate of one watch, pawned for 1l., and I found four china ornaments, a bason, and jug in his apartments.
(Property produced and sworn to.)
KELLY— NOT GUILTY .
2572. SARAH SMITH and JANE LOADER were indicted for stealing on the 5th of September, 1 sovereign, 1 half-sovereign, 1 half-crown, 1 sixpence, 3 pence, and 4 halfpence, the monies of John McDonald, from his person.
JOHN MCDONALD . I have been a seaman, but now work alongshore. On the 5th of September I was at a beer-shop in the Commercial-road—the prisoner Smith was with me—I know nothing of Loader—I had one sovereign, one half-sovereign, three shillings in silver, and some copper—I kept it in a tobacco-pouch, in my waistcoat pocket—I was the worse for liquor—I know I had the money when I went to the house—Smith sat by my side—I was in liquor and sleepy—I did not mist my money till I was told of it—I then looked in my pouch and it was gone—I have known Smith eight years—her husband worked alongside me eight years—the policeman same in and took the party that was in the house—I have had a sovereign back.
Smith. Q. Did you not come and call me out to go to drink with you? A. Yes, we went after that to another house, and bad a quartern of gin and some more liquor—I broke a glass, and we afterwards went to two other houses.
Cross-examined by MR. PHILLIPS. Q. I believe you haw made inquiries about Loader? A. I never inquired about her character—I know nothing of her.
THOMAS SMITH . I am a lighterman when I am not on board a man-of-war. I was at this beer-shop—Smith sat on the right hand side of the prosecutor—she took the money out of the pouch, and put the empty ouch back into his waistcoat-pocket—I sung out for a policeman—he came in and took her—I put my back against the door—Loader was close by, and said she would go regulars—she meant she would share it together—when Smith took the money out she put a sovereign and a half into her mouth—in her left cheek, but what came of the silver and halfpence, I cannot say.
Cross-examined. Q. How many persons were in this room? A. Five, together.
Smith. Q. Were you not in the public-house with Loader and two more? A. No—Conner did not tell you to drink, and fill the pot again.
JOHN ROACH . I was in the yard of this house. My mistress came down for me, and said, "John, there is something wrong in the tap-room, go and see"—I saw the prosecutor—I said, "Go and see if your money is gone"—went into the tap-room and placed myself against the door—I sent for a policeman, Smith pulled out a half-sovereign from her mouth, and said "Take this, let me go, "and then Loader tried to force it into my hand—Smith was so drunk we were obliged to carry her down to the station-house.
Cross-examined. Q. Were the whole set of them drunk? A. Yes, they were.
JOHN DAVIS (police-constable K 94.) I was called in about a quarter past five o'clock, to take the prisoners—I found them all drunk—I had enough to do to carry Smith to the station-house—Loader came voluntarily down, and was detained—in going down the road, Smith said she had only got 2d., if I wanted that I might have it.
Smith's Defence. The prosecutor came to the house about half-past one o'clock, and asked me to go out and drink—when we got to the Britannia, he asked me to sleep with him—I would not, and said he had better go to his lodgings—he would not let me go till I went to the beer-shop—he put down the money on the table, and told me to take it.
SMITH*— GUILTY . Aged 38.— Transported for Ten Years.
LOADER— NOT GUILTY .
HENRY GARDNER IRELAND . I am manager of part of the business of John Michael David Keiffer, who is a baker. The prisoner had been in his employ about nine months—it was his duty to receive money on his master's account, and to account to me for it in the evening.
ELIZA FORD . The prisoner supplied me with bread on his master's account—I paid him 5s. 7 1/2 d. on the Monday or Tuesday following the 29th of June, which was the date of the bill—this is the bill and receipt.
Prisoner's Defence. I paid them to Gardner, and he has omitted to enter them—money is frequently charged to a new customer—he would charge in the bread-bill "Bill delivered," 5s. or 3s., when they were not indebted any thing—I once received 2s. too much, and mentioned it to him—he said "Oh, never mind, keep it," treating me with a pint of half-and-half. Witness. Nothing of the kind ever occurred—I have the books here—I deny every thing he has said.
GUILTY . Aged 27.— Confined Six Months. (There was another indictment against the prisoner.)
GEORGE REESON . I am a policeman. I stopped the prisoner, from information from a man—I unbuttoned his jacket, and took this frock out—he said he had found it—I took him back to the shop, and the prosecutor claimed it.
GUILTY . * Aged 11.— Transported for Seven Years-Convict ship.
FRANCIS SISLEY SELL . I am superintendent of Galley Quay. On Tuesday night, the 17th of September, between eleven and twelve o'clock, I was in Thames-street, at the bottom of St. Dunstan's-hill—I was sober, and was returning home—I was accosted by the prisoner and another woman—they wished me to treat them, which I refused, and the other woman turned round for the purpose of tying up her stocking—I turned to look at her—in the mean time the prisoner passed round behind me,
and then went away—the other woman then came up, and began to annoy me—I threatened her with the police, and she retreated—I went on for about twenty yards, and missed my purse, which contained one sovereign and about 17s. or 18s.—I met a policeman, and told him what had occurred—I afterwards went to the station-house—these are the slides of my purse, and here are two shillings which were picked up at a public-house where the prisoner was apprehended—I have not the least doubt she is the same person.
JOHN HORTON (City police-constable, No. 103.) The prosecutor complained to me, and described the woman—I went in search of her, and apprehended her in the Turk's Head, at Aldgate-street—I told her what I wanted her for, and she strewed a lot of silver on the left side of her—she was in company with a lot of cat-men and others—every one there got as much money as they could—I could only get 1s. of it, and while taking her to the station-house these two purse-slides were dropped by her—Lee licked them up.
GLORGE LEE (City police-constable, No, 893.) Between eleven and twelve o'clock I was on duty in Crutched-friars—I saw Horton running up—I asked what it was—he told me—I said it was most likely she was in the Turk's Head—the prisoner was there, and she threw down some silver—twenty or thirty cab-men were there—they every one tried to pick up that they could—I only got two sixpences—I took her to the station-house, and while going there she dropped these two slides—I turned on ay light, and found them.
Prisoner's Defence. I was out by the Elephant and Castle, and coming along, I went into the Turk's Head for half-a-pint of beer—these two policemen came and accused me of the robbery, and I dropped the two shillings I had in my hand—as for these two slides I know nothing about them—I was not in company with cab-men, and know nothing about who was in the house.
GUILTY . Aged 30.— Transported for Ten Years.
THOMAS TURNHAM . I am assistant to Francis Bateman, in Great Titchfield-street, Oxford-market. On the 7th of September, about nine o'clock in the evening, I saw the prisoner take this ham—I expected he was going to bring it in to have it weighed, but he ran away with it—I ran after him—he dropped it—I overtook him, and brought him back with it.
Prisoner's Defence. I had been drinking—I hope you will forgive me. (The prisoner received a good character.)
GUILTY. Aged 30.—Recommended to mercy. — Confined Six Weeks.
JOHN ROBERTS . I was waiter at Batt's hotel, Dover-street, Piccadilly, but I enlisted on the 10th of September into the 3rd Light Dragoons. I do not know the prisoner—the first time I saw him was at the police station-house on Thursday night—I cannot swear I had never seen him
before, or been in a beer-shop with him, I might have been—I was in a beer shop, but never in company with him—I did not say before the Magistrate that I was in a beer-shop drinking with the prisoner—I said I thought I had seen him—it is not true that I said I had seen him several times since, and was in company with him the day before yesterday at the Horse Shoe public-house—I said I thought I had seen him, but was not quite certain—I told the Magistrate so—this prisoner is not the man I was speaking of—I went up stairs to bed in the beer-shop with a recruit—I do not know if the prisoner was in the same room, as I went to sleep about two o'clock in the day—when I awoke, about five or six o'clock in the evening, my watch was gone from my waistcoat-pocket, where I had put it—I told the Serjeant, and he gave information—I went the next morning and found the watch in pledge—the prisoner was not the man I was drinking with.
Prisoner. Q. Did you not swear that you were drinking with me in that beer-shop on that day? A. No.
ANTHONY HEDLEY . I am a recruit in the 85th regiment of Infantry. The prosecutor was at the beer-shop—I and a private of the 3rd Dragoons were with him—he was very tipsy, and rolled off the form—I showed him up stairs to the bed-room—I staid in the house till the watch was missed—that was between six and seven o'clock—he had it when I saw him last.
Prisoner, Q. Did you not hear him swear that I was the man that was in his company? A. He said he thought you had been in his company during the day, but he made a confused account at first, and altered it afterwards.
WILLIAM CRISPIN . I am a policeman. I was on duty in Charles-street on the 12th, and took a man into custody, from information—I took him to the inspector—he said he was not the man, and he gave me a description of the prisoner, and I went and took him in a public-house—the pawnbroker said he was the man who pawned the watch—he denied that he took it or pawned it—he said he knew nothing of it.
Prisoner's Defence, I was sent out to get billets for recruits—as I was coming home one of the 3rd Light Dragoons asked me to pawn the watch, which I did—I brought the man forward before the Magistrate.
NOT GUILTY .
MATTHEW BEDDING . I am in the service of Joseph Stacey, a baker, who lives in Duke-street. On the 9th of September I went out with bread, and left my basket in Chapel-street about a quarter of an hour—when I returned I missed four loaves—I do not know the prisoner.
GEORGE BARBER . I live in William-street, Lisson-grove. I saw the basket of bread, and saw the prisoner take four half-quartern loaves out of it—he gave them to another boy, who ran away—I told the baker of it. GUILTY . * Aged 14.— Transported for Seven Years.—Convict Ship.
THOMAS COOK . I am a pawnbroker. Mr. Watson took in this brooch of the prisoner, on the morning of the 10th of September, for 1s. 6d., and in the afternoon she came and asked for 2s. more on it, which I lent her.
Prisoner. The brooch is not my master's—he called me up at half-past six o'clock that morning, and he went to bed, and a little before eight o'clock, as I was cleaning out the place, I found the brooch outside the door, in a place I throw water down.
MR. JONES re-examined. This is my brooch—I lost it from my bed-room.
GUILTY . Aged 40.— Confined Three Months.
WILLIAM SMITH . I am in the service of Mr. John George Mander, a pawnbroker, in Upper East Smithfield. There was a fire there on the 15th of July, and a great many watches and other property was missing—I know nothing of the prisoners—this watch was one that was in our window previous to the fire.
MICHAEL FENNING . On the night of ibis fire I went to the house, and met with two officers, who are friends of mine—I was lending, a hand in removing some goods—I saw the male prisoner in the house—he was not aiding in moving any goods, but he was inside, between the two counters—he asked me, in the Irish language, if I knew where there were any watches lying about—I told him I had nothing to do with any such things.
CORNELIUS FOY . I am an officer. On the morning of the' 19th of August I took the prisoner John Dowling into custody, on suspicion of stealing a number of watches and other things—he said, "I know nothing of it"—I said, "You were at the fire"—he said, "I was not, I Know nothing of it"—I found on him twenty-one duplicates, and one was of this watch, at Mr. Aaron's—the female prisoner was then in custody on another charge—she said she would tell the truth, and she told something to another officer.
John Dowling's Defence. I was assisting as Fenning was, but I had no watch, or any thing of the kind—I never took a farthing of any one—I went and drank in a public-house till eleven o'clock—that watch, I bought.
JOHN DOWLING— GUILTY . Aged 40.— Confined Six Months.
BRIDGET DOWLING— NOT GUILTY .
2581. GEORGE THOMSON, JAMES THOMSON and JOHN PIDGEON were indicted for stealing, on the 30th of August, 4 plants, value 3s. and 4 pots, value Is. the goods of Henry Adams and another the masters of George Thomson.
JAMES DEMOLINE . I am a pianoforte-maker. On the 30th of August, about five minutes to two o'clock, I was passing the prosecutor's house, in King's Road—I saw the three prisoners there—one of them said, "It is all right, come on"—the prisoner George Thomson was then in the shop—he gave the other two four pots—they each took two, and they all went on—I told the policeman, who went and took them, with the pots on them.
JOHN SMITH . I am in the employ of Mr. Henry Adams and his partner. They are florists, and live in the King's Road—these are their property, and are worth about 3s.—the prisoner George Thomson was in their employ as shopboy about five months.
GEORGE THOMSON— GUILTY . Aged 14.
JAMES THOMSON— GUILTY . Aged 16.
PIDGEON— GUILTY . Aged 16.
Confined Nine Days.
OLD COURT.—Monday, September 23rd, 1839.
Before Mr. Recorder.
GUILTY .— Confined Nine Days.
GUILTY .— Confined Three Months.
HANNAH HOLDSWORTH . I am single, and am bar-maid to Mrs. Harriet Parker, of Reigate—she keeps the Swan Inn. On Friday, the 6th of September, a little after twelve o'clock in the day-time, the prisoner walked into the house, and asked me if he could have a horse and gig to go to Dorking to fetch his wife and child—I said I would go and see—I went into the yard, asked the ostler, then came back and told him, "Yes"—he then asked if he could have a bed there that night—I said, "Yes"—he said he should come back that night—he went out with the horse and gig—on the following Thursday, Sergeant Nicholas came down and said be had a man in custody.
Prisoner. Q. How do you know I came on foot to Reigate? A. I said you walked in—I did not say you came on foot—I do not know whether Mrs. Parker advertised the horse and gig—you had a glass of sherry—I know you were in the bar with mistress, but do not know anything about any conversation.
ROBERT CRICK . I am ostler to Mrs. Parker, of Reigate. In consequence of what Holdsworth told me, I got the horse and gig, and took them to the front door of the house—the prisoner came out of the house
with a carpet-bag and hat-case—he got into the gig, and said he had ordered a bed-room and sitting-room, and should be back in the evening with his wife and child—the horse was blind—he said he did not like to drive a blind horse, as his wife was very timid, and asked if he was a very hard mouth—I said, "No, it is very easy to drive"—he then drove off—I saw the horse and gig again last Wednesday week, in Nicholas's hands—they were worth about 14l.—the horse was worth about 8l.—it was a very good one, and it was a gelding.
JOHN WORROW . I am a farrier, and live at No. 12, Three Cup-alley, Lower Shadwell. On the 6th of September I saw the prisoner between eight and nine o'clock in the evening—he said he had been recommended by a Mr. M'Crow, to come and ask me if I wanted to purchase a horse and gig—he asked if I knew Mr. M'Crow—I said, "Yes, he was a broker in St. George's-in-the-East"—he said he had purchased a blind horse and chaise in the country, and that he had been taken in with them—he said he wanted to sell them on account of his holidays, as he had a month's holidays—they were the Jews' holidays—he said he had got the horse at livery at Mindon's, in the back road, that Mindon wanted to charge him a guinea a week for the horse, and as he was not going to travel again for a month, he wanted to sell them—he said the gig was broken, and he did not mean to repair it, as he wanted to get a lighter concern to travel with—he asked when I would see them—I told him, in the morning—when he came next morning, he said he had given four watches, worth five guineas each, for the horse and chaise, and had been taken in, for he did not know the horse was blind till four days after he had bought it, and he had had it between four and five months—I did not go to see it, and he came on foot about half-past eight o'clock in the morning—my man went and fetched the horse and gig—the prisoner went with the man, and came back with him—he said he had brought the horse and gig, and would I come down and look at them—I came down—he said "There is the horse and gig"—he said it was a very nice sort of horse, that he had run it down a good deal, that he bought them for 20 guineas, and he would not like to sacrifice many pounds in selling it—I said I would not offend him, and I did not like to offer any thing, as he talked about so large a price—he said I should not offend him if 1 offered him 1l—he asked if it was not worth 5l.—I said, "No"—I bid him 4l., for the gig was all broken to pieces, the irons broken, and the horse in a very bad state—I suppose it had been overdriven—it did not feed for hours after—I bought them for 4l.—the horse would not fetch 50s. at any sale, in the state it came to me in—I made it a bed, and it laid down—the bargain was made at the Three Cups public-house, as he asked me to go there to have something to drink—I bad nothing to drink, but he had a glass of rum—I paid him 4l., and he gave me this bill and receipt for it, and the landlady put her name to it at his request.
JOHN NICHOLAS (police-sergeant K 1.) I apprehended the prisoner on Tuesday evening, the 10th of September, at the corner of Hanover-road, Mile End-road, on another charge—in going to the office he stated to me that he had robbed a hundred people, but never robbed any one who could not afford to lose he never robbed a poor man in his life—among others, he said he had hired a horse and gig at Reigate, and sold it to a man named worrow, but he had not given him above half the value, and he would be d—if he would not blow on him—I afterwards found the horse and gig at Worrow's, and took charge of it.
(The prisoner, in his defence, made a long and unconnected address, is which he alluded to his having been converted from Judaism—he admitted he had sold the horse and gig when in a state of intoxication, but he had gives the landlady four £5 notes for them, and that he should never have committed any offence if the clergyman who had been his sponsor at his baptism had taken proper care of him.)
GUILTY . Aged 41.— Transported for Fifteen Years.
WILLIAM MAYES . I am ostler to Thomas Croft, a livery-stable keeper in Whitechapel-road. On the afternoon of the 9th of September the prisoner came to the stable a little before two o'clock, and asked if I could let him a saddle-horse—I said, "Yes"—he wanted it out in a great hurry, and asked me what it would be—I told him, 7s. 6d., which he paid, and went away with it—he said he should want it about two hours, and 1 could get it at No. 14, Suffolk-street, Haymarket, and he would pay me if I would fetch it—I said I could not, but I would send for it but I had no opportunity of sending for it—it is worth 25l., and the saddle and bridle 1l.—somebody brought it back to the stable afterwards.
RACHAEL DAY . I am a stable-keeper, and live in Juniper-row, King David-lane, Shadwell. On Monday, the 9th of September, in the afternoon, the prisoner came to me and said he had got a grey horse down it Mr. Worrow's, and he wanted to borrow 5l. on it—I told him I had not 5l. to lend, and said, "Besides, I know nothing of you"—he said, would I come down to Mr. Worrow's in ten minutes—my son said, "If my mother is not there in ten minutes she will not come at all"—he went away, then came back, and asked if I would be there in half-an-hour—I said, "I don't know"—(Worrow is my farrier)—I went to Worrow's, but the horse was brought up to my place, and put into my stable—when I came home the prisoner asked me what I could lend him on it, and to-morrow, at twelve o'clock, he would come and fetch it—I told him I had not got more than 2l., which I lent him on it—he said to-morrow he would come and pay me, and take the horse—it was in my stable two nights—I was not it home when they fetched it away.
JOHN NICHOLAS . I am a police-sergeat. As I was taking the prisoner to the office he said something to me when he was going past Mr. Croft's' livery stables—I went there, and inquired, and found he had missed a horse, I fetched it from Mrs. Day's.
Prisoner's Defence. Gentlemen, this case is not so bad as the other—I paid 7s. 6d. for the horse—being intoxicated, I borrowed 2l. on it—when I was taken I told the policeman where it was to be found.
GUILTY .— Transported for Ten Years longer.
2586. HANNAH NEWLAND was indicted for stealing, on the 26th of August, 118 pieces of printed paper, value 1s. and 1 3/4 lb. of paper, value 1s. the goods of our Lady the Queen.—Two other COUNTS, varying the manner of laying the charge.
MR. BODKIN conducted the Prosecution.
times, at 3d. a pound, which is the value of waste paper—Sergeant Otway afterwards came to my shop, and I produced it to him.
Cross-examined by MR. DOANE. Q. Did you buy all that quantity at one time? A. Yes, about one pound and three quarters—I have known her seven years—she always bore a good character—I knew she was employed at the police-office—many policemen deal at my shop.
CHARLES OTWAY (police-sergeant A 7.) These papers belong to the Metropolitan Police Office—they are the returns made daily of the prisoners carried by the vans to the different police-offices—they are provided from the Government Stationary Office—they are kept in the superintendent's office, in a knee-hole cupboard under the desk—they are placed there every morning, and afterwards tied up and put into a proper place—the prisoner was charwoman at the office, and had to clean that room—she used to come in the morning, about an hour before the clerks came—I took her into custody, and told her the charge—she said she had acted foolishly; that she took them for the purpose of lighting her fire—she had no authority to take even waste paper.
Cross-examined. Q. Was it part of her duty to light the office fire? A. Yes—the papers were not done with—they were placed there for me to tie them up, the day after they came in.
COURT. Q. Could any body suppose they were abandoned and done with, so as to be taken for waste paper? A. I should think not—they were thrown into an open space, under the centre of the desk—it formed a sort of cupboard—they were not on the floor—it was my duty to tie them up when they accumulated—I do not think the prisoner was aware of that.
(The prisoner received an excellent character.)
GUILTY.—Strongly recommended to mercy, — Confined Ten Days.
MR. BODKIN conducted the Prosecution.
ANN MORIARTY . I lived in New-street, Shadwell Market, when this happened. The prisoner is a coal-whipper—I knew the deceased Catherine Kerley, his wife—my room was next to theirs, it was only separated by a lath and plaster partition—I could hear what passed in their room when I was in mine—they did not live on good terms exactly—they had a child, about six years old, living with them—on Monday night I came home from work about eleven o'clock—I was sober—I afterwards saw the prisoner's child crying at the street-door—I afterwards went into the prisoner's room, and found the deceased in the room, lying on her right side on the floor, with her feet towards the door, and her child by the side of her—the prisoner was sitting on a chair by the window—I had heard her quarrelling with her husband before I went in—she made no complaint to me—I said to the prisoner, "What are you after?"—he said, "I came home this afternoon, and gave my wife some money to go to market, and get things for herself and when I came tome there was not a bit of supper for me"—he was not sober at the time—he did not say how she came on the ground, or what had happened to her—she said, "He has been Kicking up a row with me, I have been to market, and could get nothing that would suit my money"—I said, "You had better be quiet"—I went
away, and left them together—I went to bed afterwards—about one o'clock in the morning I was awoke, and heard the prisoner come into the house and go into his room—I heard him push back his door, and, not finding him wife in bed, he said, "D—, and set a light to your soul, ain't you gone to bed yet?"—she said, "Kerley, I feel very ill"—he went and sat in his chair, and I laid myself down, but could not rest—I sat up again, and heard a rush from the chair he was sitting in, to the bedside, and a fall—I did not hear any blow, but a few minutes after I heard the deceased say, "Kerley you have done it, you know you have, for that blow has finished me"—I had heard no blow—(looking at her deposition)—this is my mark, which I made before the Coroner—what is written down there is what I then said—I thought I heard the sound of a blow, but I did not see it given—I heard a blow and a fall—I heard nothing done to her, but I heard Kerley pick her up, and lay her on the bed—I did not go into the room after this till three o'clock in the morning—I then thought she was dying—she said she was very thirsty, and very ill indeed, and very bad—her husband laid on the boards all night—he went out, I cannot exactly say for what—I was there when he came back, between six and seven o'clock in the morning—I do not know what he said—his wife said she was dying, and wanted a clergyman—when the prisoner came in in the morning she threw herself on one side, turned on her back, and, putting her hand on her stomach, she said, "Kerley, you know you have done me there"—a doctor was sent for but did not come till she was dead—she died about ten o'clock in the morning—I told the prisoner, when I went into the room, it was a great shame to see this poor woman knocked about in this way, and said, "Have you not got some money to get her some tea?"—he said he had no money but what he gave her last night, which was half-a-crown, and it was impossible she could lay all that out—she said she had laid all out but h., which she lent to a person.
COURT. Q. Was nothing got for her to drink when she complained of thirst? A. I could get her nothing but cold water till morning—be gave me a penny to fetch her half-a-pint of beer, which she drank—that was all she had, except the water—I got her some tea about seven o'clock in the morning, as soon as the chandler's shop was open—the prisoner did not give me the money for that—I got it of my own accord.
Cross-examined by MR. PAYNE. Q. Was she in the habit of getting in toxicated? A. Yes—the prisoner is a very good-tempered man—I was sitting up in bed when I heard him come up stairs—it was exactly one o'clock—I do not "know that he went for a doctor—I could not sleep—he has two children alive, I understand—they have had thirteen.
MARGARET BULGAR . I live in the same house, underneath the prisoner and his wife. On Monday night I was at home, when she came home about eleven o'clock—she had been home two or three times before, and went out again to look after him—he came in two or three times while she was out—the last time he came home was about a quarter before eleven o'clock—she came in about the same time—I was in my room—they passed my door to go up to their room—their little boy afterwards came down to my room crying, and I went up stairs—I found the deceased lying on the landing-place by the door of her own room, half sitting and half lying—the prisoner was in his own room—I lifted her up, and took her into the room—I said, "Kerley, ayn't you ashamed of yourself, to be kicking up a row at this hour of the night?"—I had heard a quarrel and scuffling, I said, "Why
don't you let her alone?"—he said, "Well, Mrs. Bulgar, what can I do with her? she has not a bit of fire, nor any victuals for me, and she won't put the child to bed"—I said the child was big enough to go to bed of it-self—she was very much in liquor—when I took her up she made a rush at him to tear his face—I, and a woman in the room with me, both held her to prevent it, and he went out—he came in about. two hours after—I heard him going up stairs—I heard him ask what o'clock it was, and the watchman told him half an hour to four—I did not see him then—I did not see the deceased fell on the landing—she was lying there when I went up—when I brought her into the room she fell from the effects of liquor—she fell with great force in her passion and scuffle to get at him—she did not complain of having hurt herself—I saw nothing more till six o'clock in the morning—she was then in a dying state, and complained of thirst—I gave her some water.
Cross-examined. Q. Did you hear any fall about two o'clock? A. I heard a quarrel—I cannot say whether I heard any fall—she was trying to make a rush at the prisoner when Fagan held her round the waist—she tried to throw a tea-pot at him, which Fagan took out of her hand—she then got a plate, which we got from her—she was very violent, and struggled with Fagan, and told her to go down stairs—I did not hear Mrs. Moriarty go into her room about two o'clock.
DANIEL ROSS . I am a surgeon, and live in High-street, Shad well. I was called in to the deceased—she was dead before I saw her—I made a post-mortem examination—I found no external marks of violence—on opening the abdomen, I found an effusion of blood and serum to the extent of two quarts—I found a large coagulation of blood round the spleen, on removing which I found rupture, or laceration of the spleen, about two inches long—the effusion of blood had come from the spleen—that laceration would be caused either by a blow or fall—I should say it most likely arose from blows—a blow with the fist in the abdomen might cause the laceration without leaving any mark of external violence, as the abdomen would give way, there being nothing to resist it—there was a small four-post bedstead in the room, and had she fallen on the edge of that it might have produced that effect—I do not think her own weight would do it—falling from the bedstead would not do it, but if she was standing up and fell against it it might—if she received the injury when on the bed I should say it must have been a blow—there was a violent bruise on the coat of the stomach—the stomach was distended with fluid, which would increase the injury—it was not full—it would give way—I cannot conceive how one blow could accomplish it—I think it must have been two blows—the injury on the stomach was extensive—it must have been the result of considerable violence.
Cross-examined. Q. Have you ever known rupture of the spleen produced by any other cause than external violence? A. I have not—I believe there are very few cases of the kind on record—I never knew it ruptured from overflow of blood—a person struggling violently, and falling against something, might account for it.
COURT. Q. Supposing the injury to have taken place two or three hours before death, would the party be in a condition to move about or scuffle? A. I should say not—she would feel pain from loss of blood—a person receiving such an injury would live some hours probably.
MR. PAYNE. Q. Am I to understand that a person whose spleen had
been lacerated in that way would immediately become unable to do any thing? A. Not immediately—it depends on how long after effusion of blood takes place—I do not think that violent pressure by the arms of person round the waist, and her struggling to get free, could produce it—it must have been caused by violence—I never heard or read of a case of the kind—I believe it would require external violence—I cannot concern that pressure could cause it—I will not swear it might not have happened by her attempting to rush from the grasp of a person, but I do not believe it—I never met with a rupture of the spleen before—I have opened an immense number of bodies.
COURT. Q. Does it not import the application of considerable violence? A. No, it is what we call a spongy organ—it acts as a reservoir for the blood—I do not conceive it would require considerable violence—she was a very lean subject.
MR. PAYNE. Q. Had the bruise inside the stomach any connexion with the rupture of the spleen? A. Yes—it would require two blows to do both.
MR. BODKIN. Q. In your judgment could an injury of the sort be inflicted about eleven or twelve o'clock, and the party from that time to three o'clock, show no symptoms of distress about it? A. Certainly not—she must have complained of it—the party would feel a giving way of the system—I attribute the death to the laceration of the spleen—I think it right to state, that the prisoner is one of the persons who came to me for assistance—I believe she was not dead when he left home—it was between ten and eleven o'clock in the morning.
Q. Supposing her to have been intoxicated that night about twelve o'clock, and endeavoured to force herself towards her husband to assault him, and held back by a female, and the woman to struggle till she fell on the floor, should you think it possible this injury of the spleen could be effected by that? A. Unless she fell against some projection, not if she fell on the floor—the first symptoms of laceration of the spleen would be faintness from the loss of blood—if she fell, and did not complain of being hurt, I do not think that a fall could cause the injury. (The prisoner received a good character.)
GUILTY of an Assault. Aged 52.— Confined Six Months.
JOHN ROBINSON . I live in James-grove, Old Kent-road. On the afternoon of the 27th of August, I was in Parliament-street—a policeman produced my handkerchief to me, which was safe a minute or a minute and a half before in my pocket—Day was close to my back—the policeman was in the act of taking the handkerchief from him when saw it.
Cross-examined by MR. PATNE. Q. What are yon? A. A gentleman, and live in Essex, but I was visiting some friends—I was going on business into Bond-street, and was looking at the Queen as she was passing.
of August, I saw the prisoners together, near, the House of Lords' door—I noticed Beard put a handkerchief into his breast-pocket, and somebody behind said, "There they are on it"—in consequence of that I followed them to Parliament-street—they spoke together and I saw Day try several persons' pockets—they stopped opposite Langham-street and there I saw Day stand behind the prosecutor, and he put his hand into his pocket, as the Queen's carriage passed—I seized him by the wrist, with the handkerchief in it—the prosecutor turned round and said, "That is my handkerchief"—Beard was behind him—their clothes touched each other—I was by the side, so that Beard did not conceal Day from me—he saw what Beard did—he looked at him at the time—I seized Day, and took the handkerchief from him, then turned round, and seized hold of Beard—he resisted, and the constables who were in uniform passed through the crowd and took him—I took the handkerchief from him, which I bad seen him put into his breast-pocket.
Cross-examined. Q. Where did you find this handkerchief? A. In his hat—Beard was quite close to Day, and was looking over his shoulder.
Cross-examined by MR. JONES. Q. You saw Day put his hand into Mr. Robinson's pocket? A. Yes, I laid hold of him after he took the handkerchief out, not while it was in the pocket—be had got it out before I seized him.
ROBERT OVENDON (police-constable L 90.) On the afternoon of the 27th of August I was in company with two constables—my attention was called to both the prisoners—I saw them make several attempts at different people's pockets—I saw Day lift a gentleman's coat up with one hand, the gentleman shifted it, looked round, and moved off—they went farther, towards the House of Lords—I saw Beard there put his hand down a lady's dress—I told another constable to watch them.
Cross-examined. Q. You saw nothing of this transaction? A. No, there were three of us watching them.
(Henry Hill, carpenter, Red-cross-square and John Keene, Church-row, St. Pancras, deposed to Beard's previous good character and Thomas Kerrington, Wells-street, Oxford-street, and John Fletcher, of the Audit-office, deposed to that of Day.)
DAY— GUILTY . Aged 17.— Confined Six Months.
BEARD— GUILTY . Aged 26.— Transported for Seven Years.*
CHARLES HENRY BAGNALL (police-constable F 31.) On the evening of the 12th of September, between nine and ten o'clock, I was in Drury-lane, and saw the prisoners together—at the moment they passed the end of Charles-street, Farrow took hold of a gentleman's pocket, lifted it up, and let it go again—I followed them on to the end of Great Queen-street, where Farrow put his hand into a gentleman's pocket, and took this handkerchief from it—I could not stop the gentleman, for they both ran into Long-acre, and I was more anxious to get them than the gentleman—directly he got it he put it into his bosom—they ran down Long-acre into Mercer-street, and into Mumford-court—Farrow then went into a marine-store dealers, of the name of Taylor, at No. 1, and was in the act of putting the handkerchief into Mrs. Taylor's hand, but I seized him before he had done it, with the handkerchief in it—I passed the other prisoner in the
court, and when I came out I gave him in charge to George Lawler—this is the handkerchief—(producing one)—I do not think there is any mark on it—here is another handkerchief which I found on Farrow, and another I found on Abbott, with fourteen duplicates, six of which are for handkerchiefs—the Magistrate had all the pawnbrokers up, and considered they were not taken from gentlemen's pockets—they consisted of neck-handkerchiefs, not pocket handkerchiefs.
Cross-examined by MR. PHILLIPS. Q. Have you ever sworn that you took the handkerchief from the woman in the shop? A. Not from her hand—I am certain of that—it was partly in her hand, and partly in his—(looking at his deposition)—this is my handwriting—(the deposition him read, stated, "I saw him put the handkerchief into the woman's hand, and I took it from her")—they had both got hold of it—the woman never had the whole of it in her hand—they had both got hold of it, and I rusted in at the moment, and took the handkerchief out of their hands—it was partly in her hand, and partly in his—Lawler was with me when they took the handkerchief, but the way they ran he could not speak to the gentleman—he was called out to, I believe—other people saw the transaction as well as me—they are not here—I did not take any body to the office besides Lawler—the woman from the shop is not here to my knowledge—I have known Lawler about two months—he and I were walking together—we had been together about a quarter of an hour that night—he has accompanied me before on walks, when I have been going round—not exactly as an assistant, as a friend—he might have been with me half-a-dozen times in the two months—he has never been a dozen times with me—he once gave evidence in a case with me here, last Session, about a handkerchief—the owner did not appear in that case—the thief ran away then—the gentleman was told, but would not come—I did not ask his name—that is the only case in which Lawler has given evidence with me—he is a printer—there are expenses allowed to policemen—I found Abbott standing in the court where the shop is—I was not in my uniform—I very seldom am in my uniform—some of the division are in plain clothes—we do not always wear our uniform when on duty—we have two or three men generally in plain clothes—we have to inquire about robberies—I never heard of any order for us to appear like the military, or about shaving our whiskers.
Q. How did you get acquainted with Lawler first? A. I have seen him with other policemen—I dare say he has assisted them—I did not know he was an amateur thief-taker—I never heard of his assisting more than one policeman—that was Clark, No. 129—I got acquainted with him by his knowing Clark—I have been in public-houses with him, but not while on duty.
Cross-examined by MR. PAYNE. Q. Is it not contrary to your orders to be talking to acquaintances when on duty? A. I was not on duty—it is not what we call divisional duty—we are more often two or three together than one—it is not contrary to our duty to talk with acquaintances when we are out of uniform—we are not reckoned on duty then—we receive pay for it—we do not act the same as when we are in dress—we take people up when we see an offence committed, but our chief employment is to inquire about robberies which have been committed.
Q. Do you know whether Lawler was a witness for Clark? A. I do not know on what suit it was—I do not know whether he was a witness
for Clark—I will not swear it—I believe he has been in one case—he did not tell me he had been—Clark told me so—I do not know whether it was about a handkerchief—I have known Lawler somewhere about two months.
GEORGE LAWLER . I am a printer, but was obliged to leave my work to come here—I should have had work if I had not come here—I live in Conduit-court, Long-acre. I was in Drury-lane with Bagnall on Thursday the 12th, and observed the two prisoners following a gentleman—Bagnall drew my attention to them, and said the two prisoners going down were after that gentleman—it was in my way home, and I saw Farrow, when, he was crossing Great Queen-street, pick the gentleman's left-hand pocket of a handkerchief, which he put in his breast—they both immediately started down Long-acre, across Seven Dials—Abbott stopped at the end of Monmouth-court, and Farrow went down the court into a marine store-shop—Bagnall went in and took him—I assisted him to take charge of Abbott—he had hold of him as well.
Cross-examined by MR. PHILLIPS. Q. I suppose you had been to work that day at your trade as a printer? A. No, I bad no work that day—I met Bagnall by accident—I was with him about eight or ten minutes—he did not ask me to walk with him—it was in my way home, but when the prisoners were going after the gentleman, then he asked me—I was about four or five yards from the gentleman who was robbed—he was not able to be stopped—if our voices had been raised the prisoners would have been off—I did not call out to the gentleman, nor did I hear any one else do so—his attention was not called in any way to my knowledge, because the prisoners ran off directly they did it, which prevented my calling out—Bagnall asked me to go with him directly to follow the prisoners, or else I should certainly have told the gentleman—I have known Bagnall about six months—I have not been very intimate with him—if I met the man he spoke civilly, and I spoke too—if I met him I bid him the time of day, and he did the same—I assisted him once before in a robbery, last Sessions, against two prisoners, for picking a gentleman's pocket—they ran away, and I could not speak to the gentleman—Bagnall went and took them, and I pursued them also, and the gentleman got away—we had no person to tell him to stop—neither I or Bagnall called the gentleman's attention to the robbery, nor did he refuse to have any thing to do with it—if Bagnall has sworn that, 1 should say it is false—I have not heard Bagnall examined—I never assisted Bagnall in any other case—I never walked with him on his beat, and gave him assistance before to my knowledge—if I met him on my way to work, I have spoken civilly to the man, but I never assisted ton except on these two occasions—I may have met him in the Strand by accident, but I have not gone on his beat walking with and assisting him—I had something better to do—if any one has said I have been half-a-dozen times assisting Bagnall in his walks, it is not true—I work in the City—I was never a witness for any body else—I am not acquainted with any other policeman—I got acquainted with Bagnall by being on rounds where I live—I did not introduce myself, to him, nor did he introduce himself to me—I have to get up very early in the morning sometimes, and was obliged to ask him to call me, and that is the way I got acquainted with him—I never was a witness before—I know other policemen, the policemen who are on rounds where I live, but I am not personally acquainted with any one—I know a policeman named Clark—I have known him about four months, but 1 knew Bagnall first—I have known him six
months, and Clark four months—it was not through Bagnall I got acquainted with Clark—I am obliged to ask policemen to call me at all hours—I have to go at all hours to work, at one and two o'clock sometimes—I got 10s. 6d. when I was a witness here before—I do not know whether I expect any thing now.
COURT. Q. Did you ever accompany Clark on his beat? A. Yes, once in Long Acre—Farrow was attempting to pick pockets there, and I told Clark—I have not been with Clark when he has been on the look-on—I never walked his beat with him—I might have been with him half-an-hour or so.
(George Field wick, plumber, Rockingham-row, Vauxhall John Prendergast, carpenter, Harley-street, Cavendish-square and Henry Massey Parliament-street, gave Abbott a good character: and William Ward, glass cutter, New Tothill-street, and Sarah Lardner, wife of a shoemaker in Brunswick-street, gave Farrow a good character.)
FARROW*— GUILTY . Aged 22.— Transported for Ten Years.
ABBOTT— GUILTY . Aged 19.— Confined Six Months.
EMMA PANK . I am single, and keep a stationer's shop in Praed-street, Paddington—I have one partner. About half-past nine o'clock, on the 16th of September, 1 looked into the till, and there was one sovereign and seventeen shillings in silver—I locked the till, and kept the keys in my pocket—next morning I gave my sister the key of the till, and sent her to the shop to mind it.
SARAH PANK . I am the prosecutrix's sister. On the 17th of September; about half-past seven o'clock in the morning, she gave me the keys—one of them was the key of the till—I put the keys on the counter close to the desk, and went into the parlour adjoining the shop—I after wards saw my brother George bring the prisoner into the shop—I found one of the keys in the key-hole of the till, and the till unlocked—there was about 8s. left in it, but no sovereign—I had not interfered with the money, or put the key into the till.
GEORGE PANK . I went to my sister's shop about half-part eight o'clock in the morning of the 17th of September—I live next door but one to her—as I went into the shop I saw the prisoner leaning over the counter in the direction of the till—I asked what he did there—he said he wanted a sheet of paper—I suspected him, and kept my eye on him—while I was about to get the paper he ran out of the shop—I ran after him, caught him two doors off, and said, "Come back along with me"—he said, "Don't be hard with me, and I will give you all the money back"—I took him back, and asked my sister to look in the till, and she said all the money was gone—I got a policeman—in going to the station-house, the prisoner said he would give me all the money if I would let him go—he gave me 8s. out of his hand—some person said he had put something in his mouth, but we could not see what it was.
GEORGE COMPTON . I am a policeman. The prisoner was given into my custody—I was about to search him, and he said he would give back all the money he had if we would only let him go—I said, "I must see what else you have got, a sovereign is missing, and some silver"—he said
he had no sovereign—I found 1s. in his pocket, and 2 1/2 d. in his hand—he said be did not know he had the shilling in his pocket, or he would have given it to the gentleman.
GUILTY . * Aged 17.— Confined Six Months.
JOHN MUNDEN . I live at my brother's cottage,, in the Chalk-road, Islington the prisoner is my nephew. On the 17th of September, one of the rooms in the house being unfinished, I, and my wife, the prisoner's father and mother, and three children, all slept in one, room—I went to bed about ten o'clock that night—my wife had a pocket containing the money stated—I had given it to her that morning, but pot in the prisoner's presence—the prisoner was missed from the room about two o'clock in the morning, and my wife missed her pocket and the money—the street-door was ajar—I went in search of the prisoner, and found him about a quarter of a mile off in the Chalk-road—I asked him where the money was Which I had lost—be made no answer—I kept him till a policeman came up, took him back to the cottage, searched him, and found all the money I had lost—it was still in the pocket, which was tied round him under his pinafore.
Prisoner. My brother, who is fourteen years old, told me to take it. Witness. He has a brother—he was in the loom that night, but he staid at home.
ELIZABETH MUNDEN . I am the prosecutor's wife. I missed the money about two o'clock—I had some duplicates in the pocket, which, were still in it with the money, when the prisoner was brought back—he has always been a good boy before.
GUILTY. Aged 11.—Recommended to mercy. — Confined Fourteen Days, and Whipped.
Fourth Jury, before Mr. Common Sergeant.
ROBERT DALLAS . I am in the service of George Mew, a linen-draper, in Holborn. On the evening of the 9th of September, about nine o'clock, I was in the shop—I had been informed some goods had been stolen from the door—I had seen one piece safe at two o'clock in the afternoon—I crossed over to Brownlow-street, and at the top of the street I found Daly in the hands of an officer—this is the cloth that was missed—(looking at it.)
EDWARD HORATIO MICHAELMOBE . On the 9th of September, between seven and eight o'clock in the evening" I was going down Holborn, and saw Sparks take a bag, and Daly take a piece of linen from the prosecutor's door, and run off with it up Brownlow-street—I pursued, crying "Stop thief"—some person dropped the bag, and Daly dropped the linen—I never lost sight of them till they were secured—I am certain of them—I collared
Daly myself, and gave him in charge—a gentleman handed me the other piece of linen.
Daly's Defence Coming up Holborn, I heard the cry of "Stop thief"—I ran up Brownlow-street, and saw a gentleman catch hold of Sparks—I stopped in the crowd, and the witness laid hold of a young chap next to me and said, "You are the other"—he said, "No I am not," and then he laid hold of me.
(The prisoners received good characters.)
SPARKS— GUILTY . Aged 19.
DALY— GUILTY . Aged 18.
Confined Three Months.
EDWARD RILEY . I live with my brother, Benjamin Riley, the prisoner was in his service. On the evening of the 13th of September, I was up stairs in the second-floor, and heard the door open—I looked out of window and saw the prisoner come out, take off his cap, and take out a parcel which he placed behind a shutter—I came down and told my brother, who went out and brought in the parcel, which contained the cheese—he said to the prisoner, "Henry, do you know any thing of this?"—he at first said, "No," and when the policeman came, he said he did place the cheese there—my brother asked him why he did it—he said a young man who had been out of a situation nine months had induced him to do it.
Cross-examined by MR. JONES. Q. Had the shutters been closed? A. Yes—the prisoner went into the shop, after placing the parcel there—it was in a handkerchief—he had lived with us a fortnight—my brother knew him before.
BENJAMIN RILEY . I went behind the shutter, and found the piece of cheese in a handkerchief—I came into the shop, and asked the prisoner if he knew any thing of it—he said, "No"—I said I would find out who placed it there—I called in a policeman, and the prisoner then begged my pardon, said he had placed it there, and hoped I would not give him in to custody.
Cross-examined. Q. Did you not tell him he had better tell the truth? A. Yes, and frightened him about the policeman—I am not able to swear to the cheese.
CAROLINE HYDE . I am the wife of William Hyde, a shoemaker, in Newman-street, Oxford-street. On Saturday evening I was in the parlour adjoining the shop—the prisoner came in—my husband was attending to a customer, and he asked if he could tell him where one Johnson lived—he said he could not—I saw the prisoner put his hand up to a post inside the door, and take down two pairs of shoes—I immediately went out—he saw me and ran away, and put the shoes on the rail of a doorway—he was instantly stopped.
JOSEPH CLEMENTS . I am a policeman. I have the shoes—the prisoner said, going to the station-house, that it was the other chap that took them, and not him, but at the station-house the Inspector said, "You are charged with stealing two pairs of shoes"—he said, "I know I did, and I am sorry for it."
GUILTY . *— Confined Four Months.
ELIZABETH HEATH . I live in King-street, Westminster. About a quarter to two o'clock, on the 30th of September, the prisoner came to our house to dinner—there were five glasses on the table, and after he left I missed three—they belong to Elizabeth Herbert Heath—having lost glasses before, I ran after him, and requested him to come back—he agreed to come back, but tried to get away—I collared him, and he bit my thumb—I heard the glass crash—I directly took off his hat, and found one glass in it—I brought him back, and the policeman found another whole glass, and a broken one in his pocket—they are ours. (The prisoner pleaded poverty.)
GUILTY .— Confined Six Months.
THOMAS HARMER . I live with my father, William Harmer, an iron monger, in Horse ferry-road. On the 4th of September the prisoner came to the shop, and said he was come for two shovels, from Messrs. Hemmings—having no order, he was sent back to get one, and he returned in two or three minutes with this—(read)—"Deliver to bearer two shovels, No. 2. S. H. HEMMINGS."—In consequence of that order we deliverd him the shovels—I should not have delivered them without the order.
Prisoner. I am guilty of obtaining the articles, but I found the order with another, against Mr. Harmer's gate.
(The prisoner received a good character.)
GUILTY of Uttering. Aged 26.— Confined Two Years.
HOWARD HANBY . I am in the employ at a house, No. 62, New Bond-street I had a cloak, which I saw safe in the afternoon of last Thursday, the 19th of September, in the passage of the private part of the house—I was informed it was stolen between six and seven o'clock in the evening—this is it—(looking at it)—the door might be pushed open, as the servants are careless.
WILLIAM WILLIAMS . I live in New Compton-street, Soho. I was passing along New Bond-street, and saw the two prisoners standing at No. 62—presently I saw Brown push open the private door—he was in about three minutes, and then brought the cloak out under his arm—a policeman, was standing at the corner of the street, two doors off—Brown turned the
same corner of the street, and gave it to Noades, who carried it alone—I watched them into Regent-street, and then went to the station-house and described them—I went with a policeman, and found them at the Cock public-house, in New-street, St. James's, both together, and the cloak lying on the form where they were—I pointed them out.
Noades He is an uttered of base coin, I have seen it in his hands repeatedly in Seven Dials, and he has been in the House of Correction. Witness. I was never there in my life, and was never charged with uttering base coin—I never did so—I never knew the prisoners before—I have been out of employ about three weeks.
Brown. I know him to be an utterer, and he has been committed for it—he showed me a bad crown-piece some days before.
GEORGE DAVIS . I am a policeman. Williams gave me information—I knew him before as a wheelright, but never as an utterer of base coin—I went with him to the Cock, in New-street, and found about thirty thieves in the house—I said to Williams, "Don't you make a mistake; are they the two men?"—he said, "Yes, they are"—Brown was sitting on a bench, close against the cloak, and Noades was standing up by the fire, close by him, lighting his pipe—the servant of the house there said the cloak belonged to her, but she got away—I took them into custody.
BROWN*— GUILTY . Aged 26.
NOADES*— GUILTY . Aged 31
Transported of Seven Years.
EDWARD JENNINGS . I live in King-street, Hammersmith. On the 12th of September, at five o'clock in the afternoon, these brushes were safe, and about eight o'clock the policeman produced them—I had not missed them—they hung just inside the doorway.
RICHARD HANCOCK . I am a policeman. I saw the prisoner in the Broadway, Hammersmith, about seven o'clock, go to a shop and lift a carpet—I followed him round to Mr. Jennings's shop—he put his arm in, but got nothing—he returned, put his arm in again, and took the brushes out—I secured him with them—I found no money on him.
Prisoner. I had no means of procuring a living.
GUILTY . Aged 20.— Confined One Month.
MICHAEL FARRELL . I live in Skinner-street, Snow-hill. On the night of the 16th of September, I received information from the officer, and this cloth was gone, which I had seen safe a few minutes before—I know it to be mine, there is none like it in London, except at my shop, and I know it by the size—it was at least three feet inside the door.
JOHN GIMMS . I am a policeman. I saw the prisoner at seven o'clock in the evening, walking up King-street with this cloth—I stopped him and asked where he got it—he said, "What is that to you?"—I collared him—he threw it down, and ran away—I had a hard matter to take him.
Prisoner's Defence. I saw the stuff laying on the pavement—I took it up, and the policeman took me for stealing it—I ran away because be saw he would take me for stealing it.
GUILTY . Aged 31.— Confined Three Months.
EDWARD DEDDERIDGE . I am barman to Thomas Weal, who keeps the Duke of Bedford public-house, Golden-lane. On Friday night, the 25th of August, the prisoner came, and had a pint of beer about half-past seven o'clock—she sat there till near ten o'clock, and a little boy who is here, came and gave me information—I went out, but could not find the prisoner—she came to the house again next morning, and had some rum, and went out, there being no policeman handy to take her—we shortly after heard she was in custody—we missed a pot the evening she was there, which we have not found.
CAROLINE GROGAN . I went to the public-house on Sunday evening, the 25th of August, for one of my children—the prisoner came from the bar, and sat by me with her beer—she drank it, got up, concealed the pot under her shawl, and went out—I went and told the barman, and a man ran after her, but did not see her—next day I saw her at the station-house—I am certain I saw her conceal it—the prisoner said at the office that I should have a guard after me, I should suffer for it—on Saturday night I was carrying a few articles, and received a blow—I am in danger of my life.
GUILTY Aged 48.— Transported for Seven Years.
JAMES HALL . I am in the service of Jemima London, who keeps an earthenware-shop in Golden-lane. On Monday, the 26th of August, about ten o'clock in the evening, I was coming down from a job I had been doing, and saw a parcel of children crying, "There goes the woman that stole the basons"—I turned, and saw the prisoner, and having taken some things from her once before, I followed and watched her—I saw her shawl blow on one side, and saw she had got a lot of basons—I went and said, "You have taken them from Mrs. London"—she said nothing," but gave them to me—Mrs. London was standing outside the shop-door looking for the basons—she and her servant had missed them—to the best of my belief these are hers, but I cannot swear positively to them—the number found upon the prisoner corresponded exactly with those that were lost—I have often seen them on the board—Mrs. London is not here.
Prisoner's Defence, A woman I had been drinking with gave me the basons to carry.
JAMES TILLOTT . I am clerk to an architect, and live in Shoreditch. On the 17th of September, about nine o'clock, I was in High-street, Shoreditch, and hearing a noise in the Spotted Dog public-house, I stopped with several others, at the door—I saw the prisoner near a gentleman, and watched him—he seemed very busy, and the gentleman turned round
sharply as if some one had been at his pocket—he passed on, and just as two policemen came up to take the persons out of the public-house I saw the prisoner come towards me, and then felt something pull at my pocket—I instantly turned, took hold of him, and gave him in charge for attempting to pick my pocket—he said, "Me, sir?"—I said, "Yes, you sir," and just at the time my rule was picked up from the pavement—no one was close enough to take it but the prisoner.
Cross-examined by MR. PAYNE. Q. Is the person here who picked it up? A. I do not think he is—there were several persons about, but no one was near me at the time but the prisoner—I do not know whether the person who picked it up saw where it came from—he asked if it was mine, and I said, "Yes."
JURY. Q. In which pocket was your rule? A. I was holding my pocket handkerchief in my right-hand pocket, and he took the rule out of the other pocket—the prisoner was nearest to me at the time.
CHARLOTTE HILL . I am the wife of William Hill, and live in Broad-street. About half-past four o'clock in the evening of the 18th of September, I went to purchase a powder for my baby at a chemist's shop in Wardour-street—I had a bonnet in a handkerchief—I sat at the counter with my baby—the prisoner was sitting in the shop apparently very ill—I came out and forgot my bonnet—I went back immediately I missed it, and asked the man for it—he said, "The person you saw so ill has taken it, I did not know but it was her own"—I am sure the prisoner is the person who was in the shop—this is my bonnet and handkerchief—(looking at them)—a person afterwards met me and gave me the handkerchief ELIZABETH BODMER. I was standing at the door in Green's-court, and saw the prisoner come down the court with the bonnet and handkerchief, at near five o'clock—she went into the passage of a house with it—a few people came up the court, and said there were two policemen looking for her—I directed them where she had gone—she was intoxicated.
WILLIAM COOTE . I am an apprentice to Robert Morris, of Little Pultney-street. I was standing at the door of No. 2, Green's court, and saw the prisoner come in at the door with a bonnet and handkerchief, and go into her own room.
GARRATT BARRY . I am a policeman. I went to Green's-court about half-past four o'clock on the 8th of September, and found the bonnet in the passage—I searched three houses for the prisoner, as there is a communication between three houses there, but did not find her or the handkerchief—I found her in custody next morning.
Prisoner's Defence. I went to a doctor's to get bled, and as I came out a woman followed me, and gave me the bonnet and handkerchief.
(The prisoner received a good character.)
GUILTY Aged 19.—Recommended to mercy. — Confined One Month.
2604. THOMAS PAINTER was indicted for stealing, on the 7th of September 12lbs. weight of candles, value 20s., the goods of George Alexander Miller and another, his masters; and CATHERINE PAINTER , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
WILLIAM WELLS . I am foreman to George Alexander Miller, and another. The prisoner Thomas Painter is a spermaceti candle-maker, employed by us—he was given into custody op Wednesday while he was at work at our house—we have lost candles—here are twelve pounds of pieces—they are whole candles broken down, and offered for sale as pieces—I can identify the wicks, and have not the slightest doubt they are the prosecutor's—I know the paper they are wrapped in—I have paper from our premises corresponding with it—I believe them to be our candles.
Thomas Painter. Q. What do you know the wick by? A. By the number of threads in it—we make two sizes—while your wife was in custody in our warehouse, you came down with some candles, called me out, and said, "For God's sake do what you can for us, it will break my wife's heart"—he came down with the candles, not expecting to find his wife there—I saw them exchange looks, which convinced me he was guilty—the had been brought to us with the candles in her possession, offering them for sale—they have not been sold—here is one piece of candle I can swear has never been into any body's stock—the mould had been a little defective and would not come out without being melted, and it was found in a candlestick in the prisoner's house—the wife never came to our house to my knowledge.
JOHN WESTON . I am shopman to Mr. Childs, a wax-chandler, in Green-street, Leicester-square. On the 18th of September the female prisoner came to our shop to sell the pieces of sperm ends—I had previously received information, and asked where she got them from—she gave no decided answer, and wanted them back, which I refused—she went out of the shop without the money or ends—I followed her into the Strand, and gave her into custody.
Thomas Painter. Q. Are you in the habit of buying many ends? A. Yes—I do not always examine them—I can tell the difference between sperm wax and tallow—I do not say all this is spermaceti—I do not know whether there is any wax in it—she did not bring all that is produced.
HENRY GRISS . I am a policeman. I was on duty in the Strand and took the female prisoner into custody—I went into the shop, and received part of the candles, and this paper—I afterwards received the rest from the same shop—I went to the prisoners' lodging in Vincent-street, Vincent-square, and found these candles—these two pieces were in separate candlesticks, and these tips in a closet, and I found some rings there—his wife gave me the key of the room.
WILLIAM WELLS re-examined. Here is one piece I can identify—I cannot say they have not been sold—we have several perfect tips of candles found at the prisoners' lodging by the officer and myself—I have counted to threads in these, and they contain exactly the number we put in our candles.
T. PAINTER— GUILTY Aged 25.— Confined One Year.
C. PAINTER— GUILTY Aged 26.— Confined Three Months.
MR. HORRY conducted the Prosecution.
MARY ANN BOLT . I am the wife of John Bolt, and live in James-street Lisson-grove. On the 11th of September I was in the hack kitchen and came up into the parlour—I happened to remove the blind of the parlour. door, and saw the prisoner behind the counter, taking the watches off the hooks, which hung on a rod in the shop-window—I collared him, and called ray husband, who came back—the prisoner threw the watch down directly and got away—my husband ran after him—this is the watch the prisoner threw down—(looking at it.)
THOMAS HENRY THOMPSON (police-sergeant D 4.) I was in Stafford street, and heard the cry of "Stop thief"—I saw Bolt following the prisoner—I stopped him—he said he had done nothing—I took him back—Mrs. Bolt gave me the watch, and showed me where he had laid it down.
Prisoner's Defence. I went into the shop—the watch was lying down in the place—I never unhooked it at all.
(The prisoner received a good character.)
GUILTY Aged 17.— Confined Six Months.
ELIZABETH SWEETING . I keep a tobacconist's shop in High-street, Shadwell. On Monday, the 9th of September, about three o'clock, I was reading, in my room behind the shop—my watch and guard were upon the table—I fell asleep for about five minutes, when I was awoke by a slight noise in the room, and saw a boy almost close to me, going out of the room—I jumped up, and said, "What do you do here?"—he said he wanted a pennyworth of tobacco—I said, "You have no business here for tobacco"—I turned round to see if I could miss any thing, and in an instant he was out of my sight—I missed my watch—(produced)—this is it.
Prisoner. She said it was a bigger boy came in. Witness. The prisoner was not the boy that I saw in my room.
EDWARD JOHNSON . I live opposite Mrs. Sweeting. On Monday afternoon I saw a boy come out of her shop, and join the prisoner and another, almost opposite my window—they went away together—the prosecutrix came across, and said she had lost a watch—they appeared acquainted—I went after the boys, and saw them going down the stairs to take water—I overtook the prisoner—the waterman said, "He has got a watch in his hand"—I said, "You are the boy I want"—I collared him, but found no watch.
THOMAS MAY . I am a waterman on the Coal-stairs. I saw the prisoner pass me about three o'clock, with a watch in his hand—I was standing in a boat—he got over the water, put his hand outside the boat, and dropped the watch overboard into the water—I am certain of it—it was done on purpose—he was taken to the station-house—two hours after went down Coal-stairs again, the tide was going out, and I picked watch up again—this is it.
Prisoner. It is false—another boy dropped it. Witness. I am certain he is the boy.
GUILTY Aged 13.—Recommended to mercy. — Confined Six Montns.
CAROLINE HAKE . I live in Arleford-place, Kennington. On the 14th of September I was at Mr. Bodley's, my brother's at Wapping, and received from him some money—I had six sovereigns and a half in my purse, which I put into my bag, and put it on a chair in the kitchen—I left it there about five minutes—I then found one sovereign gone—I had left the prisoner in the kitchen alone—I am quite certain there were six sovereigns and a half, for I counted them twice.
EDWIN BODLEY . The prisoner was in my service—I paid my sister 36l. 9s.—among the rest six sovereigns and a half—I counted it twice before I gave it to her—I went into the kitchen after she missed it, and said to the prisoner, "Caroline has lost a sovereign?"—she said, "I know nothing about it"—I sent for a policeman.
Prisoner. I leave it to the mercy of the Court. (The prisoner received a good character.)
GUILTY Aged 18.—Recommended to mercy. — Confined One Month.
MARY ANN LEWIS . I am the wife of Charles Lewis, a solicitor, in Barnard-street, Russell-square—I lost a brooch in the beginning of August—I had sent it by my servant to the laundress in a dress—this is it—(looking at it)—I do not know the prisoner at all—my laundress's name is Woodgate.
RICHARD SWAN . I am a pawnbroker, and live in Seymour-place. The brooch was offered in pawn on the 31st of August by the prisoner, and I detained it—I asked her if it was hers—she said it was—I asked where she got it—she said she bought it—I asked if she wore it—she said she did—she afterwards said she had found it in Kentish Town—I told her that would not do—she then said she was a washerwoman, and she told me where she worked—I said I should send my young man with her—she left the brooch in the shop, and went out—I followed her, and gave, her in charge.
RICHARD DANIEL . I apprehended the prisoner, and said, "I shall take you into custody for stealing this brooch," showing it to her—she looked at it, and said, "I did steal it, I am very sorry for it, it is the first time I ever did such a thing in my life:" and that she worked at Mrs. Woodgate's,
GUILTY — Confined Ten Days.
NEW COURT.—Monday, September 23rd, 1839.
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY — Confined Three Months and Whipped.
GUILTY — Confined Three Months.
2612. WILLIAM HEDGES was indicted for stealing, on the 23rd of August, 1 peck of a certain mixture of chaff and oats, value 6d., the goods of John Faulkner, his master: and JOHN RANGE , for feloniously receiving the same, well knowing it to have been stolen; against the State &c.; and that Hedges had been before convicted of felony.
MR. CLARKSON conducted the Prosecution. BROWNSWORTH COX MORRISON. I am clerk to Mr. John Faulkner—he has no partner—the prisoner Hedges was his carman—my master has a wharf, called Danver's Wharf, at Chelsea. On the morning of the 23rd of August he sent out a load of stones to Montpelier-square—Hedges was the driver—he went out about seven o'clock, and he took two nose-bags of food for the horses—I saw them full—I considered it my duty to watch him—Rance's house is in Pond-place—that was not exactly in the road from Danver's-wharf to Montpelier-square—it is about one hundred yards out of the road—Hedges went by Pond-place, and when he got to Rance's he stopped the cart, and took from the side of the cart a nose-bag full of chaff and corn mixed, and went with it into Rance's house—he keep a coal and potatoe-shop—Hedges remained in the house a minute or two, and then came out with Rance—I have not the slightest doubt that Raw is the man who came out with him—Rance had an empty nose-bag in his hand which he put on the front of the cart, and Hedges went on with his load—I went back and gave information to Mr. Faulkner, whom I met on the road.
Cross-examined by MR. DOANE. Q. How near were you to then? A. Within the rails of the burying-ground of the new church—about two hundred yards off—I could see distinctly through into the Fulton road—I did not go up and make any remark—I cannot swear what was in the nose-bag, but I have every reason to believe it was the same that I had seen in it before—there was no one else there—the cart was there not more than three minutes—I believe Rance deals in milk, but I do not know—I did not see Hedges take any milk, if he did it was inside the house.
Cross-examined by MR. PAYNE. Q. You could not see what was in the bag? A. No, but I sent the cart off, and I know the nose-bags were then full—I saw them on the side of the cart.
MR. CLARKSON. Q. Was there any occasion to carry the nosebag into the house to get milk? A. No, I generally see the nose-bags filled before they go out—I did not see those filled, but I saw them when they were full.
JOHN FAULKNER . I am the proprietor of this wharf. In consequence of suspicion, I directed Morrison to go and watch Hedges on the morning of the 23rd of August—I received information from him—I procured the assistance of two officers, and went to Rance's house, in Pond-place Chelsea—his wife called him to me—I asked him where the corn was that my man had left there that morning—he said, "I don't know any thing about it"—he said, "I have but just got up"—I asked his wife whether she knew any thing about it—she said, "No, I have been out all the morning
with milk"—I saw no one else on the premises, but a boy of ten or twelve years old—I and the policemen then looked about the shed, and the officers found a nose-bag with my name written on it in full length—I said, "Halloo, this is a bag of mine, how came this here?"—Ranee said, "That don't belong to you, I have had it two months"—the policeman then found a tub in the back yard which contained some horse provender—I looked at it and said, "That don't belong to me"—he looked further, and found this other food in another tub—I know this to be mine—we generally cut our chaff out of clover hay, but I had bought a load of another sort, and being busy, one of our carters, who has a boy of ten or twelve yean of age, set him to cut it, and not being used to cut, he has cut it too long—it is an inch and a half or two inches long, instead of being about half an inch—I have no doubt this is mine—my name was in full length on my cart—Hedges had been in my employ about twelve months.
Cross-examined by MR. DOANE. Q. Does not Rance keep a sort of cow-shed? A. There was a cow there—I am certain this food is mine.
EAST BRIDGES (police-constable V 51.) I was called by the prosecutor to go to Rance's house that morning—he described what sort of corn and chaff he had lost—when he saw Rance he asked him where the corn was that his man had left that morning—Rance said, "I do not know any thing about it, I am but now up," or "just up," or to that effect—I have heard the evidence which has been given—it is correct.
(The prisoner Rance received a good character.)
HEDGES— GUILTY Aged 29.— Transported for Seven Years.
RANCE— GUILTY Aged 52.— Confined Two Years.
MR. CLARKSON conducted the Prosecution.
SAMUEL BRITTON (police-constable E 55.) I am stationed at Hunter-street station-house—I went there about the 20th of July, 1838—I had a box there belonging to me—amongst other things I had a silver watch, which was deposited in my box in my bed-room on the first floor, at the station-house—I missed it on the 18th of July last—I had never delivered it to the prisoner, or authorized him to take it or pawn it—he was a policeman—I never gave him the duplicate of it—he came about last January, and was placed a Hunter-street station-house—he left it in the week beginning the 28th of April and ending in May—I do not know why he left—he went from there to George-street station-house, but was still in the habit of coming to Hunter-street station-house as a reserve, and by that means would have an opportunity of being there when the other men were out on duty, and would have an opportunity of going to the bed-rooms of the men when they were away—there is a kitchen, in which cupboards are fixed, where the men's clothes hang—I recollect the prisoner was once deficient of his cape when was called upon to appear in his clothes, but I do not recollect the day—in consequence of what then passed, he was suspended and taken into custody—Inspector Campbell was informed of it, and he ordered his box
to be searched, and a duplicate was produced to me—I went to Mrs. Wood's, a pawnbroker, in High-street, Bloomsbury, and there found my watch—this is it.
Cross-examined by MR. PAYNE. Q. You had not seen the watch since April? A. No, my box was unlocked—I know this watch well—I had had it about three years, and it was my father's before me—I know it by a small mark on the face, and I know this chain and key.
ALLEN HORATIO GARMAN (police-sergeant E 3.) By the direction of the Inspector, I searched the prisoner's box on the 3rd of September, and among other things I found the duplicate of this watch, pawned on the 27th of May, at Elizabeth Wood's, High-street, Bloomsbury, for 10s., in the name of "James Brittel, George-street"—I kept the duplicate till I at the prosecutor, and went with him to the pawnbroker's—he identified it—the prisoner was told of this after he was remanded, and he said he had bought the duplicate of another police-constable, but he neither knew his name nor number.
Cross-examined. Q. Are the police divided into sections? A. Yes, and they live in different houses, but they intermix one with another-the prisoner's box was open.
Cross-examined. Q. Had you seen him use it? A. No, but I saw him bring it into the house, and take it up stairs—I took notice of it—it was a sort of band-box.
THOMAS JAMES WOOD . I carry on business for Elizabeth Wood, a pawnbroker, in High-street, Bloomsbury. On the 27th of May I took in this watch, and gave this duplicate—it was brought by a policeman, who gave his address, at the George-street station-house—I lent 10s. on it.
GUILTY Aged 22.— Transported for Seven Years.
ROBERT LESTER (police-sergeant E 10.) I was stationed at George-street station-house—I had a great-coat hanging on a peg in the passage leading to the kitchen—I missed it about the 9th of August—I saw it again on the 4th of September—this is it—it is my own private coat—at the time I lost it the prisoner was living at the George-street station-house.
MATTHEW KILLINGWORTH . I am a shopman to Mr. Perkins, a pawnbroker, at Chelsea. On the 9th of August I took in this coat of a prisone in police clothes—the prisoner is the person, to the best of my recollection, though the difference of dress makes a great deal of difference—to the best of my belief, the prisoner is the man.
ALLEN HORATIO GARMAN . I took the prisoner. I searched his box, and found some letters in it—in one, which was addressed to James Bowyer, I found the duplicate of this great-coat, pawned on the 9th of August, in the name of John Britton, Battersea—the prisoner's father lives at Battersea, and the pawnbroker's is in the road from the station-house to his father's house.
GUILTY Aged 22.— Transported for Seven Years longer.
(There were two other indictments against the prisoner.)
BRIDGET HARRINGTON . I am the wife of Brian Harrington—we lodge in a public-house. This shirt belonged to my son John—I lost it from my room—it was on a chair on Sunday night the 1st of September—I went out at five o'clock the next morning to work, and I afterwards found my room door forced in.
CORNELIUS FOAY (police-constable H 98.) I saw the prisoner nearly opposite the prosecutor's lodging, in Rosemary-lane, about four o'clock in the morning, on the 2nd of September—she had something under her clothes—I said I must see what she had got, and she took this shirt from under her clothes.
Prisoner's Defence. I went to the house with a young man—I sat on the stairs, and fell asleep—he went higher up on the stairs—about five o'clock in the morning he called me to take a walk—he threw the shirt out of his hat, and gave it me to pledge.
GUILTY Aged 28.— Confined Nine Days.
ANN PARKINSON . I am a widow, and live in Drury-lane. The prisoner lodged in my house about a fortnight, and left me about the 6th of July—I then missed these things—I met her accidentally on Wednesday last in the street—I said she had robbed me of those things—she said she knew she had done it; she was very sorry, and would make it good—I said, "Well, you can pay me for them"—she said she had no money—after she had left my house I found the duplicate of the things, and had gone to the pawnbroker's, and found them.
Prisoner's Defence. I did it to pay my rent—she and I had some dinner, and I gave her a few halfpence—I meant to give her the money.
I went to bed with her on the 9th of September, on the ground-floor—the window shutters were to, but the sash was not fastened—my shawl and my mother's handkerchief were missing in the morning.
ELLEN BLATCHER . I am the witness's mother. My handkerchief was on a chair-back, near the window—a person, by opening the window, might get in—I saw the prisoner, about two o'clock that afternoon, in a public-house, very tipsy—she had my handkerchief on her neck—I asked her for my child's shawl—she said the ticket was in her bosom, and, if I would not hurt her she would give it me—she laid it on the top of a cask—this is the shawl and handkerchief.
Prisoner. I met you on the 8th of September, and you asked me to go and drink with you—I said I had no shawl, and you took this off and lent it me. Witness. No, I did not—I never drank with you.
SUSANNAH NURTHEN . I am the wife of Richard Nurthen. I keep a clothes-shop, in Playhouse-yard—the prisoner came on the 31st of August and offered to sell potatoes—I bought none—after she was gone I missed a petticoat off the side of the door—I pointed her out to my son-in-law—he went, opened her lap, and found the petticoat—this is it.
(The prisoner pleaded poverty.)
GUILTY Aged 65.— Confined Three Months.
WILLIAM BAIN . I am a seaman, and live in Palmer-street. On Saturday, the 7th of September, I was unwell, and laid down—I left my jacket on the fence—the prisoner lodged in the house—I missed it, and I spoke to him about it—he said it was in the Ship, but it was not there—the he said it was in the King William public-house, it was not there; he then said it was in a Jew's shop—I went, and found it there—he said he was sorry for what he had done—I never permitted him to take or to sell it—it had two handkerchiefs in the pocket.
HENRY SOUTHAN . My master keeps a clothes-shop; he is a Jew. The prisoner sold me this jacket—I gave him 3s. and a Dutch frock for it—I found a cotton handkerchief and silk one in the breast-pocket, and gave them back to him.
Prisoner's Defence. I asked him if he would lend me a long jacket—he said I might take it, but he did not give me permission to sell it.
GUILTY Aged 36.— Confined One Month.
MARY EDMONDS . The prisoner never accounted to me for either of these sums—he was tipsy on the Monday and Tuesday—I had him takes on the Tuesday, and asked him about these sum, and he said they were to be paid on the Saturday.
Prisoner's Defence. I had to take some money on the Saturday—I meant to give it to her.
GUILTY Aged 20.— Confined Three Months.
GUILTY—Recommended to mercy. — Confined Twelve Months
2622. JOHN SCALES was indicted for stealing, on the 14th of September, 3 3/4 yards of woollen cloth, value 3l.; 18 1/2 yards of serge, value 3l.; 1 shawl, value 18s.; £ yard of satin, value 5s.; 3 yards of silk. value 6s.; 2 1/2 yards of woollen cloth, called doeskin, value 1l.; the materials for making 4 waistcoats, value 2l.; 1 jacket, value 2l. 10s.; 2 pairs of trowsers, value 2l.; the materials for making 1 pair of drawers, value 2s.; and the materials for 1 coat, value 2l.; the goods of Thomas Maitland; to which he pleaded
GUILTY —Recommended to mercy.— Confined Nine Months.
2623. ELIZABETH BROWN was indicted for stealing, on the 7th of July, 2 gowns, value 5s. 6d.; 1 shift, value 1s.; 2 aprons, value 1s.; 2 caps, value 1s. 6d.; 2 handkerchiefs, value 1s.; 2 collars, value 1s. 6d.; 1 pair of stockings, value 1s. 6d.; and 6 yards of ribbon, value It. 6d.; the goods of Ellen Poole.
ELLEN POOLE . I live servant in George-street, St. Giles's. The prisoner used to come to sleep there five nights out of six with a young man—my mistress used to trust her with the key of a room where the cupboard was—I had the property stated in this cupboard.
Cross-examined by MR. CHAMBERS. Q. Did you lose them altogether? A. Yes, out of the cupboard in the front-parlour—I used to sit there myself—my mistress did not—a good many ladies used to come there—they were not shown into the front-parlour—they used not to go there to drink—I had the care of the house—my mistress did not live there—I received the money—when the people went into the rooms I used to go with them and lock the parlour—while I was gone I lost these things—while I was there I fell asleep, and some one took them—I lost them two months before I aw them again—I had no visitors there.
Cross-examined. Q. Did the policeman come and charge you with stealing? A. No, it was found on the back of a girl that walks the street—I sold it to her—she worked for me, to clean my place, and the prisoner worked for me.
ELLEN POOLE . re-examined. This is my gown—Holland is not my mistress, Mrs. Grout is my mistress, she is the landlady of the house—the prisoner used to lodge in it by herself, but the prisoner used to come to our house, when she did not go to that one—I did not know Mrs. Holland before I stopped the girl with my gown.
HENRY BLACKBARROW . I am in the service of John Griffiths and mother, linen-drapers, in Tothill-street, Westminster. About a quarter to three o'clock in the afternoon of the 13th of September, the prisoners came in, and looked at a great many shawls which I showed them—they liked none—I went to get some more—when I came back Rafter asked the price of several, and took off my attention—she selected one, and Brown took one, they then asked for some ribbon, and bought a yard for 4d., which they paid for between them—they were leaving the shop, when I and my fellow-shopman told them to walk back to the other end of the shop, and then I saw Brown drop this shawl—I had seen her take it.
Cross-examined by MR. DOANE. Q. Did you know them before? A.
Yes, they had been there the week before—the shawl they had selected, and had paid 6d. on, was put by—I was on the opposite side of the counter when she took the shawl—there was no pile of goods fell down.
from Brown, at the other end of the shop—I stopped them at the door as they were going out together.
Rafter's Defence. As we were going away, some shawls fell down the shopman picked one up, and said she dropped it from under her shawl.
BROWN— GUILTY Aged 19
RAFTER— GUILTY Aged 19.
Confined Three Months.
JOSEPH SKINNER . I am an upholsterer, and live in Whitechapel-road The prisoner was frequently in my employ—I employed him to take a bed, on the 29th of May, to Mr. Gilmore, in the Tower, and one was to henturned, but he never brought it to me—the one he was to have brought was mine, and was worth 3l.—he was not found till the 11th of September, when a person met him in Clerkenwell, and gave him in charge.
GUILTY* Aged 28.—Recommended to mercy, — Transported for Seven Years.
DANIEL MOBBS . (police-constable E 11) I fell in with the prisoner in Bainbridge-street, St. Giles's, on the 11th of September, at nine o'clock at night, with this hat—I asked what he had got there—he said, a hat which he was going to take to his father—I found the shop ticket on it, which led me to Mr. Marks.
Prisoner's Defence. A boy took it, and gave it to me to carry it for him.
GUILTY Aged 18.— Transported for Seven Years.
GEORGE URIDOE . I am coachman to Mrs. Watts. This coat belonged to Edward Burton Hensley, her footman. On the 3rd of September, the carriage was standing in Chandos-street, Cavendish-square—the footman is coat was on the rumble behind—I was on the box, and felt a motion—I turned, and saw the prisoner with the coat under his arm—I turned, and drove the carriage after him—he put the coat on, and as soon as he saw me he pulled it off, and ran away—he was stopped—I asked him if he was not ashamed of himself, and he begged to be let go.
EDMUND GREENING . I was passing through Mansfield-street, and heard a person call, "Stop him"—the coachman pointed to the prisoner, who was running with the coat under his arm—he threw it down, and I caught him.
GUILTY Aged 18.— Transported for Seven Years.
GUILTY Aged 12.— Transported for Seven Years—Convict Ship.
STEPHEN THORNTON . (police-constable E 53.) On Thursday, the 5th of September, I saw the two prisoners at the corner of Plumtree-street, Bloomsbury—they saw me, and went different ways—we stopped Cosgrove, and found he had a blanket—I went down George-street, and found Stokes—he had a blanket also—he said he bought it of a sweep—Cosgrove was dressed as a sweep.
JOHN ASHTON . I live with George Wombwell, who has an exhibition of wild beasts. These blankets are his—I had the care of them—they were taken out of the booth at Bartholomew fair—they were used to keep the serpents in—I saw some sweeps there on Thursday morning, between twelve and one o'clock—the officer and I went down and put several boys out from under the carriages.
Cosgrove's Defence. I was coming through Smithfield, and this boy asked roe to carry one of the blankets for him.
COSGROVE— GUILTY Aged 17.— Transported for Seven Year Convict Ship.
2629. WILLIAM PRICE was indicted for stealing, on the 25th of August, 1 waistcoat, value 2s. 6d.; 1 knife, value 2d.; and 8 farthings, the goods and monies of Joseph Moseley; and that he had been before convicted of felony.
JOSEPH MOSELEY . I live at the Northampton Arms, public-house, Gotwell-road. On the 25th of August, about twenty minutes before nine o'clock, I went out with my beer, and left my jacket on the door in the wash-house—in the pocket was a knife and the money stated—when I returned I found the prisoner in custody of the officer—-some of my farthings were shook out on the floor—this is my jacket.
LEONARD MAGNESS . I was in front of the bar—I had suspicion of the prisoner, and watched him—he went into the wash-house, took the jacket, and put it into his pocket—I went and told the bar-man, and he went out at one door, and the prisoner at the other—he brought him back with the jacket.
GEORGE DAWES . I am a saw-maker. I was at the bar—the prisoner Pushed against me—I turned round, and the bar-man ran and brought him back—he said he was an honest man, and after some time he pulled out the jacket himself, and five farthings fell out of it.
Prisoner. I am guilty of stealing the jacket and the eight farthings, but the knife was my own.
prisoner's former conviction, and he had been convicted before that—(read)—the prisoner is the person.
GUILTY Aged 34.— Transported for Fourteen Years.
GEORGE ADAMS . I am a currier, and live in Old-street. I was on my way home, on the 14th of September, and met the prisoner in Old-street—I was rather fresh—she accosted me—I went with her to Baldwin-street, which is rather out of my way—I went to have a little chat, that was all—I am married—I was not in her company more than five minutes altogether—I put my hand into my breeches pocket, and found my money was gone—I taxed her with the robbery—she said she had not got it, and ran away—I followed, and ran and caught her—she gave me either four or five half-crowns back—I had a good many half-crowns—I was paid my wages, 2l. 10s. in half-crowns—I told her that was not all, she had more than that—she ran away, and I followed her, and gave her in charge—some more money was found on her.
JOHN BROWN . (police-constable G 285.) I was going along Old-street, and saw a mob round a public-house in Baltic-street—the prosecutor told me of this—J went down a passage, and found the prisoner at the hack of a door—I took her to the station-house—she denied having the money, till she was placed in the cell—the prosecutor told me she had 10s. or 15s. in half-crowns, and seven half-crowns fell from her.
THOMAS ELLIS . (police-sergeant G 7.) I was at the station-house about twelve o'clock that night—the prisoner was brought in—she handed me one half-crown, and said that was all she had got—I sent for the female-searcher, who was gone to bed, to come to search her—I told a policeman to watch the prisoner till she came—she dropped six half-crowns in the cell.
Prisoner's Defence. I met the prosecutor, who asked me to go with him—I refused—he said if I would go up a court with him, he would give me 5s., and the price of a pair of shoes—he staid there half-an-hour, and then he would not give me any thing—he* * *, and the last time he put my hand into his pocket by mistake, and feeling the money, I was tempted to take it.
GUILTY * Aged 23.— Transported for Ten Years.
2631. CATHERINE JONES was indicted for stealing, on the 11th of September, 1 neck-chain, value 20s.; and 1 handkerchief, value 3s.; the goods of James Hutton: and 1 spoon, value 14s.; and 1 petticoat, value 3s.; the goods of Mary Marsh, her mistress.
ELIZABETH BARTON MARSH . I live with my mother, Mary Marsh, in Park-street, Grosvenor-square—the prisoner was my mother's cook for little better than a fortnight. On the 11th of September, in consequence of missing a silver spoon, after the prisoner had retired to bed, I desired Cosgrove to go and speak to her about it—she came down and gave me in formation—I desired her to go up again and bring me the prisoner's pocket—she did so, and I found in it a spoon and six duplicates—I gave the prisoner in charge next day.
was cook. My mistress missed a silver spoon—she told me to go up to ask the prisoner if she had seen it—she said she had not—I told my mistress, and she told me to go and get her pocket, which I did, and, in it was the spoon and six duplicates—this spoon is my mistress's—the prisoner had been in bed about ten minutes.
ELIZABETH BARTON MARSH . This petticoat and spoon are my mother's—this handkerchief and neck-chain belong to a Mr. James Hutton, who is visiting at our house—it is marked "J. H."—the neck-chain is his—I have been him wear it.
Prisoner. Q. Have you any mark on the petticoat? A. Yes, a private mark.
Prisoner's Defence. Both the handkerchief and petticoat are mine—I was in the habit of having plate in my care for daily use—it was my duty at night to put it into the plate-basket—I put the spoon into my pocket, my hands being full, to take up stairs—I went to bed and thought no more of it till I was awoke some hours after and the spoon inquired for—I did not understand then exactly, and did not give them a direct answer—they took six duplicates out of my pocket, all of which are my own.
GUILTY Aged 30.— Transported for Seven Years.
JAMES WILD . (police-constable D 124.) I was in the Park on the 27th of August, in plain clothes, it was the day her Majesty went to the House—I saw the prisoner go behind a gentleman, take this handkerchief from him, and put it under an apron he had on—I took hold of him—he threw himself on the ground—there was a rush as the Queen's carriage came past, and I lost sight of the gentleman—I do not know his name.
Prisoner's Defence. I picked it up, and had it in my hand full five minutes before I was collared by any one.
(The prisoner received a good character.)
GUILTY Aged 15.— Confined Three Months.
2633. SARAH JONES was indicted for stealing, on the 18th of September, 3 sheets, value 5s.; part of a sheet, value 6d.; 1 umbrella, value 1s.; 2 frocks, value 2s. 6d.; 1 night-gown, value 6d.; and 1 curtain, value 6d.; the goods of Joshua Needham.
SARAH NEEDHAM . I am the wife of Joshua Needham—we live in the Almonry, Westminster. The prisoner took a lodging on the night of the 18th of September, for which she was to pay 1s.—she got up in the morning about ten o'clock, and asked me if I would allow her to stop in the same room for the day, as her clothes were rather bad—I gave her leave, and in the evening she came down about seven o'clock—I had some suspicion, and sent my little girl up stairs—she missed the sheets—I went after prisoner, and she dropped a bundle containing these things and the umbrella—the policeman found two sheets in the lining of her
cloak, and this half-sheet, which she had round her as a petticoat I went home and found she had torn a sheet in half, and put it on the top of the bed so as to represent two sheets.
Prisoner's Defence. We were drinking till the evening—she then asked me to send for more—I told her my money was spent—she then said she would make a cup of tea if I would go to her house, which I did I was not there long before three or four persons came in and struck me, made use of the most horrid language, and said I had robbed the woman—I did not put the things in my cloak—I believe they must have been put in when they brushed it.
GUILTY Aged 26.— Confined Six Months.
DAVID THOMAS HALL . I am a mason. I know the prisoner as smith, and asked him to make me a pitching tool—he said he had not wire to make one, but he had got a piece of steel he could sell me—on the following Sunday he brought this down—I asked him what he wanted for it—he said Is.—as I owed him 1s. 2d. before, that would be 2s. 2d. for it—I took it to have it made into a tool—it was owned—I went and asked him where he got it—he said he took it from Mr. Rich, and he was sorry for it—this is it.
Prisoner's Defence. It is a bit I had laying by with some old iron.
(The prisoner received a good character.)
GUILTY Aged 32.—Recommended to mercy by the Jury. — Confined One Month.
2635. JOHN FINLAY was indicted for stealing, on the 11th of September, 6 sheets of paper, value 6d.; 1 quire of paper, value 6d.; and 21bs. weight of paper, value 1s.; the goods of William Yerworth, his master.
WILLIAM YERWOUTH . I am a printer, and live in Whitechapel-road. The prisoner was in my employ for about two years and three quarters—in consequence of some suspicion I set an officer to watch my people, I was losing things daily—he brought the prisoner to me with this paper on him, which is mine.
THOMAS ARNOLD . (police-constable H 127.) On the 11th of September, I was watching, and saw the prisoner come out of the prosecutor's premises carrying this paper under his coat—I asked what he had got, and he pulled it from under his coat—I took him to his master's.
(The prisoner received a good character.)
GUILTY Aged 19.—Recommended to mercy. — Confined Six Months.
GUILTY of the common assault. Aged 40.— Confined One Month.
OLD COURT.—Tuesday, Sept. 24th, 1839.
Second Jury, before Mr. Recorder.
JOHN BALL . I am a labourer, and live at Mrs. Hope's, at Acton. On the 17th of September the prisoner slept in the same room with me—I had three sovereigns and two half-sovereigns in a bag in my box—when 1 got up in the morning I took a half-sovereign from the bag, and put the bag into the box—I had lost the key, and was obliged to break the hinge off to get it—I left it so—I went to London, and on Wednesday morning I missed three sovereigns and two half-sovereigns—the prisoner was in the room when I put the money back, and could see what I was about—a policeman was sent for, and I gave him in charge—he said, sooner than be locked up he would pay me the money back again—another person slept in the room with us—he is not here—he was gone out to work before I left the room—he would return to the room the same night—I did not discover my lost till the next morning.
Cross-examined by MR. PAYNE. Q. Were not the prisoner's words, he would "pay" you the money? A. He said he would pay it back again—I hare been before a Magistrate, but have not been tried, or convicted, or been in prison—I was charged with taking a few pears when I was working for my master, and the Magistrate let me off—I was never sent to prison for any thing—I was taken up for gambling on a Sunday—I went before a Magistrate, and gave two sureties—it was for having a drop of beer on Sunday afternoon—the policeman swore that" we had each a penny piece and chucked up—that is about three weeks ago—the policeman swore falsely—I got this money when I was in good work—I laid up a shilling or two a week, in my master's hands.
JULIA HOPE . I am the wife of William Hope, and live at Acton. The prisoner lodged in my house—Ball went to London about half-past six o'clock on Tuesday—the prisoner came down about seven o'clock, and had breakfast, and just as he was going out of the house he put his hand to-had pocket, and said he must return up stairs, for he had left his money there—he went up, and was gone two or three minutes—I heard a noise, as if a stool or the box was moved—he went out directly, came back at twelve o'clock, brought in a cane and a new cap, and sent me for a pot of beer—he said he had been to his master's, who had given him a good scolding, and he was to go to work next morning—he was not at work Tuesday or Wednesday—when he came in on Tuesday evening he had Ball's great coat on—he went out about half-past five o'clock next morning, which was earlier than usual, leaving the prosecutor in the room, and when the prosecutor came down he complained of his loss—no stranger had been in the house before the loss was discovered, and I was not out of the house—on the Friday previous to the Tuesday I fetched a pint of beer for supper—the prisoner gave me a penny, and said it was the last penny he had—he owed me 4s. 9d., and on the Monday before the robbery he paid me—on the Sunday, he asked me to give him change for a sovereign—I said I could not, but he changed half a sovereign at dinner time—he had taken his wages on the Saturday night.
SAMUEL WHITLEY . I am the son of Thomas Whitley, a shoemaker On Tuesday I was at the King's Arms public-house at Eating I saw the prisoner there, and in the skittle-ground, and saw him change a sovereign for a pint of half-and-half—I saw him with two sovereigns and a half-sovereign and some silver—he put his money back into a little cloth bag, rather dirty—it was something of a canvas cloth, and had a little string it was a common bag.
RICHARD FRUIN . I am a policeman. On Tuesday last I apprehended the prisoner at Mrs. Hope's—he said, sooner than be locked up he would pay the money back—I found 4s. 6d. in silver, and 2 1/2 d. in copper on him, but no bag.
The prosecutor not appearing the prisoner was ACQUITTED
GUILTY of Assault. Aged.— Confined Nine Months.
NEW COURT.—Tuesday, September 24th, 1839.
Fifth Jury, before Mr. Common Sergeant.
2644. MARY ANN SMITH and ISABELLA ESTENBERRY were indicted for stealing, on the 20th of September, 1 watch, value 3l.; 1 watch-key, value 1s.; 1 seal, value 5s.; and 1 watch-ribbon, value 6d.; the goods of John Spraggen.
MR. CLARKSON. conducted the Prosecution.
JOHN SPRAGGEN . I live at South Shields, and am a mariner. On the 20th of September I belonged to the Exile, which was lying at Bell-wharf, Shadwell—I had been drinking a little, and about half-past one o'clock I fell in with the prisoner Smith, who took me to a house in Twine-court—I saw the prisoner Estenberry there—she fetched the key of the door, and gave it to Smith—we all three went into the room—I had my watch then—I remained in the room five or six minutes, but had nothing to do with
either of the prisoners—I came out, and just as I got to the door I missed my watch—I said, "One of you has got my watch"—I had not sat down in the room—I was not drunk—I have not seen it since—it had a black ribbon.
CORNELIUS SULLIVAN . I live with my father in Upper Chapman-street—I sell fruit in the street. About half-past one in the morning of the 20th of September, I was standing in Twine-court, talking to Rathbone—I saw the prosecutor come down the court with Smith—they went to the door of a house—Smith asked Estenberry for the key, and they all three went in together—in five or six minutes after the prosecutor came to the door by him self, and said he had missed his watch—Smith said, "It is not I that have got it, it is a girl that came with you with a new shawl and blue ribbons"—(Smith had had such things on, but she took off the bonnet and shawl, and put them into another house)—Estenberry then took the prosecutor down the court—Smith followed them, and as she was walking she put her hand into her pocket, and I saw the seal of a watch, it junked as the was putting it into her pocket—the watch had a black ribbon—when they got to the bottom of the court they both left the man, and ran away—I went for a policeman—when Smith was following them she saw me, and said she would make it all right with me, and they would give me some money if I would not tell.
Smith. I had a shawl on that I can show, and my bonnet was trimmed with dark ribbon—these boys are noted thieves—one of them has been sent back from the Thames Police, and one of them stole some eggs. Witness. I only had a charge once against me, that is twelve months ago, for stealing two eggs.
JOHN RATHBONE . I am fifteen years old, and live with my mother in Chapman-street. I was out with Sullivan al my aunt's door talking to him, about half-past one—I saw Smith come with the prosecutor up the court—they went to the door, and Smith called for the key—Estenberry brought it her, and the three went in—the prosecutor then came out and said he had lost his watch—Smith said, "It was not me, it was a girl with a new shawl, and a bonnet trimmed with blue"—(I had seen Smith come up the court with blue ribbons and a shawl, and she had left them in another house)—Estenberry took the prosecutor up the court—Smith followed, and she asked us what we were following them for—the other boy said something to her, and she said she would make it right, and give us ten shillings a piece.
SMITH— GUILTY Aged 22.— Confined Three Months.
ESTENBERRY— NOT GUILTY
EDWARD DE LIMA WOODS . I am a pawnbroker, and live at Hammersmith. On the 16th of September, about half-past eight o'clock in the evening, the prisoner came to redeem a coat for 1s., and in going out he. snapped down a handkerchief, and threw it outside the door—I said, "Halloo, you have got a handkerchief"—I went out, and picked it up from under the window—there was another person outside, who saw me—he went one way, and the prisoner the other—I took the prisoner, and gave him to a policeman.
Prisoner. I had seen the handkerchief in between some patterns in the afternoon—when I came in the evening I was rather intoxicated and might have knocked it out. Witness. I saw you snap it down, and throw it out.
EDWARD FLOWER . (police-con stable T 42.) I was coming by the shop about half-past eight o'clock—the prosecutor pointed out the prisoner, and I took him—I had seen him that evening with Brasher, against whom the bill has been thrown out.
(The prisoner received a good character.)
GUILTY Aged 17.— Confined Three Months.
ROBERT. Fox. I live in Kingsland-road. I had two ladders safe a month ago last Thursday—I saw them safe at seven o'clock in the morning, and missed them about half-past eight o'clock in the evening—I have not seen them since—I knew the prisoner, and when I saw him again, about a fortnight afterwards, I said, "You borrowed two ladders of me, and it is almost time you returned them; you have had them a long while"—he said he never had a ladder of me in his life.
FREDERICK WILLIAMS . I live opposite the back part of Mr. Fox's premises. On Thursday, the 29th of August, I saw the prisoner fetch two ladders from the back of Mr. Fox's premises—he fetched one out, and brought it to another man at the top of the gateway—he fetched another, put it on his shoulder, and went away round the front of Mr. Fox's house—I thought by that he was at work for him—it was about a quartern or twenty minutes past seven o'clock in the morning—I swear it was the prisoner.
Prisoner's Defence. I never was on the man's premises in my life.
GUILTY Aged 50.— Confined Six Months.
Cross-examined by MR. PHILLIPS. Q. I believe his wife was sent to prison on a charge, and after that these were found? A. Yes—he and his wife lived together.
WILLIAM SYGRAVE . I was watching on Sunday morning, the 15th of September, and saw the prisoner come down stairs—she took some French beans and potatoes—I followed her to the top of the kitchen stairs, and then stopped her, with a pitcher half full of beans and potatoes, and some potatoes in her pocket.
GUILTY. Aged 45.—Recommended to mercy. — Confined One Month.
GUILTY Aged 17.— Confined Nine Months.
GUILTY Aged 54.— Confined One Year.
POWELL— GUILTY Aged 30.
MURRAY— GUILTY Aged 45.
Confined Six Months.
GUILTY Aged 19.— Confined Six Months.
GUILTY Aged 36.— Confined Twelve Months
FREDRICK HOWARD OLDFIELD . I live Queen,-buildings Brompton, and am a wine-merchant. On the 16th of September, about half-past seven o'clock, the prisoner called and said he had come from his master, Mr. James, who resided at the Hermitage, at Brompton and wanted two bottles of sherry, such as his master used to have, and that be was gone to reside at No. 102, Sloane-street—I supposing him to be Mr. James servant, who had dealt with us, allowed him to have let him he had not told me he was Mr. James's servant I should not have let him have it—it was on the faith of his being the servant of Mr. James at the Hermitage that I let him have it.
ALFRED BENJAMIN OLDFIELD . On the 17th of September, about a quarter-past nine o'clock in the morning, the prisoner called at my brother's, and said he came from Mr. James, at No. 102, Sloane-street, that Mr. James was in a great hurry, and wanted ten bottle, of the best sherry—I looked in the book, saw the name, and let him have it in a basket.
JOHN WHITE . I am butler to Dr. Sutherland, who live, at the Hermitage, Brompton. Mr. James was at the Hermitage on a visit, and the prisoner was, with him for about two months—he is now gone to Lyme Regis, in Dorsetshire—he does not live at No. 102, Sloane-street, and never did. Primer. I said I came from Mr. James, which was false, but I had no intention to defraud—ten of the bottles have been returned.
GUILTY Aged 40.— Confined Three Months.
GUILTY Aged 21.— Confined One Year.
GUILTY Aged 48.— Confined Two Years.
Before Mr. Common Sergeant.
2660. SARAH EDWARDS was indicted for stealing, on the 9th of July, 1 watch, value 5l.; 1 watch-ribbon, value 6d.; 1 seal, value 15s.; 1 watch-key, value 1l.; 1 split-ring, value 10s.; 1 smock-frock, value 2s.; 1 pair of stockings, value 2s.; 5 shirts, value 6s.; 1 waistcoat, valued; 1 pair of trowsers, value 3s.; and 4 sovereigns; the goods and monies of William Liddemore; to which she pleaded
GUILTY Aged 51.—Recommended to mercy. — Confined Three Month
Before Mr. Justice Vaughan.
2661. GEORGE SMITH, alias Jones, was indicted for a robbery a George Smith, on the 14th of August, putting him in fear, and taking from his person, and against his will, 1 chain, 2 seals, 1 key, and 1 ring, value 13l., and 4l. 12s., his goods and monies.
MR. PAYNE. conducted the Prosecution.
GEORGE SMITH . I am a farmer, and live at Eltham, in Kent I was at Lee races on the 14th of August, and was returning home between ten and eleven o'clock, with Mrs. Morgan on my arm—I was about fifteen yards from the main road, near the gate leading out of the main road—I was rather alarmed going along, as Mrs. Morgan looked back and thought she heard something—we walked a few yards further, and I found a handkerchief or something stuffed into my mouth, and I was pushed down to the ground—I thought at first it was only a joke of some friends I had left behind, but I found them rifling my pockets—I found a hand in one pocket, and the other hand over my watch-chain, as I laid went on the ground—my watch was in my fob, and the chain handing out—I could not make any resistance—I contrived to halloo out once—I put my hand on my watch—the chain broke close to the pendant of the watch, and the chain was taken away with the seals, ring and key—I have never seen them since—I also lost a purse containing two old guineas, two sovereigns, and a half-sovereign, altogether about 15l. or 16l. worth of property—I held the prisoner by his trowsers—be was holding my head—I did not see any person besides him—I could not see those behind me—I saw there were three persons when I looked round, but could not distinguish them—the two who I consider took my property went away—
I held the prisoner fast by his trowsers till I got on my legs, and then held him by the collar—he hallooed out, "The will not let me go"—the other two then returned and hallooed out, "Kill the b—,"and I received several blows from them, which at last compelled me to let go of the prisoner—they struck me about the side of the head and the back of the neck-blood came out of my nose, and I got a cut on the cheek—the prisoner had not got six yards before Mr. Forster, a friend of mine, came up to the gate—I had got my mouth clear immediately the men left me—Mr. Forster said, "Who is that?"—I said, "There is the man getting over the gate now"—the prisoner was then getting over the gate, which was about fifteen yards from me—he had on a smock-frock—Mr. Foster followed him over the same gate I believe—they hallooed out, "Smith, we have got a man"—I said, "Let me see him, if it is the man who stopped me he has got a smock-frock on, and it is torn down the front by my holding him"—they said, "He has not got a smock-frock on"—they were speaking in a direction in which the man had gone, and not ten yards from the gate—I saw the smock-frock afterwards produced, and it was torn as I described—they brought the prisoner to me, and I identified him immediately—I knew him directly, for I held him a minute and a half—it was quite light enough? to see him—our faces were close together—I am quite positive he is the roan—he was searched, but nothing was found on him, nor in the place where he laid—the other two men had gone to the left, and the prisoner to the right—they did not go over the gate.
Prisoner. He knew nothing about the smock-frock till he went before the Magistrate, and then he swore to its being torn. Witness. I had noticed it at the time—I told them it was torn before I had seen it, and I told the policeman so.
MARY MORGAN . I live at Ainsford, near Farningham, in Kent. I was going along with the prosecutor on the night of the 14th of August, near the highway, by the race-course, and thought I heard somebody behind me—I looked round, and about five minutes after three men came together behind Mr., Smith, and knocked or pushed him down, I do not know which—they said nothing at the time—Smith called "Murder" once, and then I found be could not halloo again, and I called "Murder, police, thieves," as loud as I could—I was very much frightened, and went away home, leaving Mr. Smith there, after I saw him safe—one man was dressed in a white smock-frock—I called "Murder and thieves," till I heard somebody say, "Hold him, there is an officer coming"—that was not one of the three—I was not more than three yards off—I was too much frightened to see what was done to Mr. Smith—I stood and called "Murder!"
JOHN FORSTER . Between ten and eleven o'clock on the night of the 14th of August I was going from Lee races, and heard a cry of "Murder" when I was about fifty yards from Mr. Smith—I had not been in the prosecutor's company—Mr. Archer was with, me—he is not here—I ran to the spot where I thought the sound came from, and saw a man with a white smock frock on, running from Mr. Smith—he was about five yards from him when I first saw him—Smith said, "There he goes over the gate"—I pursued the man Smith pointed out—I lost sight of him for about a minute, when he got over a bank about sixteen yards from the gate—I got over the bank, and found him—he had just got over the bank, and I saw his white stockings—he was lying on the bank under some thistles—I felt his white stockings, and said, "What do you do here?"—I collared
him, pulled him up, and his white smock frock was underneath him—I said, "Halloo, my man, you had this frock on just now"—he grunted and said, "Mine is a brown frock"—Mr. Smith was crying "Murder," and "Police"—he came up to us, and said, "That is the man, he had a white smock frock on"—I said, "Yes, he had when he got over the gate"—Smith said, "I had hold of the frock with my right hand in front, and it is torn."
Prisoner. Q. Was I tipsy or not? A. You were not tipsy when we got to the cage—you appeared so when I found you—you pretended to be so—I did not see the other two men.
HENRY MUMFORD . I am a constable of Lewisham. I was at Eltham race course on the night in question, and heard the cry of "Murder, police"—I thought at first it was nothing, but finding it continued, I went in that direction, and was told a man had just jumped over a gate—I went over the gate, and saw some persons looking down at the bank—I asked where he was—they said, "He is over here"—I found Mr. Forster over the bank holding the prisoner—I said, "I am an officer, let us have him up"—he pretended to be lifeless almost, as if he could not stand—we took him to the cage—there was nothing the matter with him when he got there—I searched him, and found a garter in his pocket with a peg—its used to gamble with.
Prisoner's Defence—(written.) "As I was at Lee races I met with a few friends who asked me to have something to drink, and afterwards found myself intoxicated, I went and laid down, putting my frock, which was torn two or three days before the races, under my head—I was arrested by two or three men, who accused me of robbing a man, and as I knew I was innocent I refused to go with them."
GUILTY Aged 22.— Transported for Fifteen Years.
Before Mr. Common Sergeant.
2662. ISAAC WILLIAMS was indicted for stealing, on the 16th of August, 11 planes, value 1l. 17s.; 1 pair of compasses, value 1s.; 3 files, value 1s.; one hammer, value 1s.; 1 pair of pincers, value 1s.; 1 bevil, value 2s.; 1 spoke shave, value 1s.; 2 razors, value 1s.; and 12 bits, value 5s.; the goods of George Stone; and that he had been before convicted of felony: to which he pleaded
GUILTY * Aged 46.— Transported for Seven Years.
FRANCIS BARBER . I am clerk to Messrs. Parkers, solicitors, at Lewisham. I was at Lee races on the 15th of August, looking at some performances—I felt a pressure—I put my hand into my pocket, and my handkerchief was gone—I saw the prisoner walking rather quickly—as soon as he saw my eyes directed towards him he stopped, and appeared like another spectator—I said, "Give me my handkerchief"—he said be had not got it—I said I would give him into custody, and he dropped it from to person.
Prisoner. Q. Was there not a great many people about? A. Yes. I happened to be outside, and you were close to me.
—Barber crossed and said, I have lost my handkerchief—I saw the prisoner walking away quickly—Barber told him he would give him into custody on suspicion, and saw the handkerchief drop.
Prisoner. Q. Where did I drop it from? A. I cannot say, but I am certain you dropped it.
Prisoners Defence. I did not have the handkerchief, if I had dropped it, one of the witnesses must have seen where I dropped it from.
GUILTY Aged 35.— Confined Three Months.
WILLIAM BUCKWELL . I am shopman to Thomas Purvis, of High-street, Deptford. On the 21st of August I saw the prisoner reach his hand in, take a pair of shoes, and run away with them—I am sure he is the person—they were not outside the door—I ran after him, crying, "Stop thief"—he was taken with them—these are the shoes—they are my master's.
GUILTY Aged 18.— Transported for Seven Years.
DEBORAH PRIOR . I am the wife of Robert Prior, and five in East-street, Greenwich. About half-past seven o'clock in the evening of the 7th of September, I saw this shawl safe—I saw the prisoner there hat evening—I went out, and when I was going away I went to put my shawl on, and it was gone.
Prisoner. Q, Have you seen me in the shop before? A. Yes, I think I have, but not frequently—I can swear you pawned this, you said you had taken it out the day before for 4*.
WILLIAM KIRBY . (police-constable R 155.) I went after the prisoner—she said, "I know what you want me for." I asked where the duplicate was—she said she had burnt it—that she had pawned the shawl at Mr. Nash's, but she should not have taken it had she not been drinking.
GUILTY Aged 40.— Transported for Seven Years.
JOHN GODFREY . I deal in second-hand clothes, and live in Greenwich market. On the 23rd of August the prisoner came to my stand, and walked to and fro—I went to get change for a shilling, and when I came out the slippers were gone—he walked away—I followed him, and told him I thought he had a pair of slippers belonging to me—he said, "I have
no such thing"—Davis called out that he had them about him—the prisoner said, "Come a little farther"—I said, "No, I shall not"—he said "I will give you the shoes," and did so—these are them.
Prisoner's Defence. I deal in old clothes—I had been buying a lot of things—I took up the slippers and put them down again—I bad bought a pair of him the week before.
GUILTY Aged 27.— Confined Three Months.
2667. STEPHEN BARRETT , WILLIAM CLARIDGE , and GEORGE JARVIS were indicted for stealing, on the 20th of August, I bushel and a half of a certain mixture consisting of oats and chaff value 1s. 6d., the goods of William Henry Whitbread, and others, the master of Barrett.
GEORGE HARRIS . (police-constable R 158.) I was on duty in the Old Kent-road, on the 20th of August, a quarter before eight o'clock, and near the Five Bells public-house I saw a dray standing, and the three prisoners by it—Claridge was holding up a sack—Barrett, who was the drayman, took a nose-bag off the dray, and shook something out into the sack—Jarvis, the ostler, stood by at the time—I walked about a dozen yards past, and Barrett came towards me with the sack over his shoulder, towards the back yard of the public-house—he stopped suddenly—I perceived that he saw me, and he turned back towards the dray—he was met by Jarvis, who took the sack from him and placed it on the dray—Barrett then came to me and said, "Well, policeman, what do you think of the night, do you think it will be wet?"—I said I did not think it would—he then said, "Will you have a drop of gin?"—I said "No, I would rather not"—he said would I have any thing else?—I said, "No"—he then went towards the dray, where Claridge and Jones were standing—I shifted my position nearer to them, and heard Barrett say, "All right, go on"—Jarvis then took the sack off the dray, and placed it under the end of the horse-trough, by the side of the road they all three then went and sat down outside the public-house door, and were smoking and drinking for about an hour—while they were there Barrett said to me, "I thought you had a certain ground to walk over"—I said, "So I have, but I am waiting for one of our men, I can't well go away"—he then said to Claridge, "We will go the same way home we came, you go on"—Claridge then drove on the dray about two hundred yards—he came back, and said to Barrett, "I shan't go without you, eleven o'clock is time enough for me"—I waited there some time—when a relief came up I gave Calvert and Jarvis into custody of a policeman, and they were taken to the station-house—Claridge there said it was a planned job between the ostler and the drayman—he was crying, and said, "The ostler fetched the sack out of the house, and I held it up"—I had removed the sack from under the horse-trough—I found one full nose-bag on the dray, and some empty ones.
Cross-examined by MR. CLARKSON. Q. Did you ever see a seat made by putting the horse-meat in a bag? A. Yes.
COURT. Q. Was there more than a nose-bag full in the sack? There was a bushel and a half in the sack—a nose-bag holds about peck—I did not go away from the prisoners at all—I was standing about a dozen yards from them—they must have seen me.
—Jarvis said, "I know nothing about the corn, I have not touched any"—Claridge said, "I only held the sack open, while Barrett put the stuff in."
Cross-examined by MR. BODKIN. Q. HOW long has Barrett been in your service? A. About six months—I do not know the other prisoners—this sack is not one of ours—is has on it the name of George Nisbet, of Dartford.
CHARLES CASTELL . On the 15th of August I went to Lee races with my family—I felt something at the back of my coat, and turned momentarily—there were a number of persons round me, but I saw the prisoner close behind me—I said, "You have stolen my handkerchief"—he said, "I have not got it"—I looked at him very earnestly, and the handkerchief was partly under his feet—I did not see it in his hand, but the people were so thick that he could not get away—I shoved him away off the handkerchief, and said, "Is there no officer here?"—one came up and took him—the prisoner had stood close behind me—I believe it was him, and him alone, that took it—the people were so thick that I could not move scarcely—it could not have fallen out, as my pocket is inside—I felt the tag, and turned immediately.
Prisoner's Defence. I stood there—a constable was pushing this gentleman about—he said, "Don't strike me, I am a gentleman"—he turned, and saw his handkerchief on the ground—he asked the constable to take me—he would have nothing to do with roe, and then he called mother, and said, "This boy stole my handkerchief;" and then he followed him a little way, and he said, "I think that is the boy"—I never took it—it was not under my feet—I saw him pick it up behind me.
MR. CASTELL. re-examined. No, I pushed him off it to get it—he was Partially upon it.
GUILTY * Aged 16.— Transported for Ten Years.—Convict Ship.
Before Mr. Sergeant Arabin.
2669. JOHN FRASER and WILLIAM BENNETT were indicted for stealing, on the 5th of September, 361bs. weight of lead, value 3s. 6d., the goods of George Graham and another; and fixed to a building.—2nd COUNT, not stating it to be fixed.
GEORGE GRAHAM . I and my son had taken a contract to build a house in High-street, Woolwich—the materials of the old house were ours—I had seen the premises almost every day before the 5th of September, but I could not see where this lead was—it was behind a chimney on the roof, out there
was no raining in on the premises—I received information about a week or ten days ago—I then went to the premises, and the lead was gone—I have seen this lead compared with the place, and it fitted—I believe it was taken from there.
WILLIAM HARRIS . I am a sweep—last Friday week I met Fraser on the road—I knew him by living beside him at Woolwich—he asked if I would carry this property, which he had in a bag—I did not know what was in it—we went along till we came to a marine store-shop—I carried it into the shop—he went in and spoke to Mrs. Burbage, who was in the shop—I was going to pull it out of the bag, but Fraser said, "Don't pull it out"—he asked whether she would buy it—she said, "No, not without a receipt"—he said he would give a receipt of his own—she said sit would have nothing to do with it—he then said, "Boy, take it up, I will take it to the person I had it of"—I took it, and the officer took me with it—Fraser was with me at the time.
SARAH BURBAGE . I keep a marine store-shop—this boy and Fraser came to my shop—the boy was going to turn the lead out of the bag—Fraser said, "Don't turn it out, put the bag and all into the scale"—I said, "No"—I opened it and saw the lead—I said I would not buy such a quantity without a receipt—he said he would give me a receipt under his own hand—I said that would not do for me, and then he said to the boy, "Take it away."
SAMUEL WATTS . I am a constable. I met Harris and Fraser on the 5th of September—I followed them to Burbage's shop—they went away again—I then went and took the boy, and asked what he had got—he said, some lead—I asked who it belonged to—he said to Fraser—Fraser said Bennett was the party that gave it to him—we went to inquire, and asked the landlady of the Duke on Horseback public-house to let us look over the house, and the lead corresponded exactly with the place on the roof.
Fraser. You did not suspect I did it. Witness. I had suspicion of you, and had been watching you for some time.
JOSEPH BRITTERFELL . I am a constable. I was in company win Fraser, and from what Watts said I went to the Duke on Horseback public-house and took Bennett—he said he had received the lead from some young man whom he knew by sight, not by name, and could not tell where to find him—on the Monday following I went with Watts to the house, and we found this lead exactly corresponded with that left on the roof—I found no lead on Bennett.
Fraser's Defence. On the 5th of September Bennett came to my house in the evening, with a bag on his back, and some lead in it—he told me it did not belong to him, but a man he was well acquainted with would come in a few minutes and see it weighed—as soon as he was gone I went to Mrs. Burbage's, to assure myself whether I should buy it or not—she would not have any thing to do with it, and I told the boy to take it back—I said I would go and bring the man that brought it to my shop, and return it to him.
FRASER*— GUILTY Aged 63.— Transported for Seven years.
BENNETT— NOT GUILTY
day afternoon—the prisoner came in after me—I had twenty-rive pairs of shoes—they were on the table in front of me—after the prisoner had sat by my side for some time, I was called into a room to fit on a pair of shoes—when I was packing up my goods afterwards I missed some shoes—I got an officer—we went, and found the prisoner with my shoes on—they must have been taken while I was sitting in the tap-room, but I did not see them—she said she bought them at a shop.
Prisoner's Defence. I went into the house, and saw the prosecutor playing at cards with two girls—I sat down by his side, and he said, "Well, old girl, how are you? I will sell you a nice pair of shoes cheap"—I said, "I have not got a farthing"—he gave me the shoes, and I pot them on.
GUILTY Aged 30.— Confined One Month.
JOHN FAITH . My brother Henry Faith keeps a cheesemonger's shop, in Broadway, Deptford. On the 17th of September I saw the prisoner come to the shop—he walked past, then turned back, and took a piece of bacon—I went out and challenged him with it—he said he had not got it—be went on, and began to run—he dropped the bacon—I followed him on to Church-street, and there the officer took him.
GUILTY Aged 40.— Confined Three Months.
Before Mr. Recorder.
2672. WILLIAM BOND and CHARLES BAYLIS were indicted for breaking and entering the dwelling-house of Alexander Bond, on the 28th of August, at Lambeth, and stealing therein 8 printed books, value 12s., his property; to which
BOND pleaded GUILTY Aged 15.— Confined Twelve Months
BAYLIS pleaded GUILTY Aged 12.— Confined Six Months.
MR. PAYNE. conducted the Prosecution.
CHARLES GOOD . I am in partnership with George Richard Gainsford, and live in High-street, Borough. On the 14th of August the prisoner came and Slivered me this order—I am sure he is the same person—I delivered it to Nicholson—I have a customer named Russell, in White Hart-court, Lombard-street.
JOHN NICHOLSON . I am in the prosecutor's employ. On the 14th of August I received this note from Mr. Good—I selected the pieces of Irish cloth, and gave them to the prisoner—he went away with them—I have
not the least doubt about his being the person—the goods were worth 5l. 0s. 9d.
(Order read)—"To Messrs. Gainsford and Co. August 14th,—39. "Sir,—I shall feel obliged if you will send by bearer a couple of pieces of linen, to be 1s. 9d. or 2s. per yard, as Mrs. Russell, being in town will take the choice of one, and return the money for the same this evening, By so doing you will oblige yours respectfully, JOSEPH RUSSELL". White Hart-court, Lombard-street."
JOSEPH RUSSELL . I live in White Hart-court, Lombard-street. The prisoner was in my employ about three years—he was not so on the 14th of August—he had left me twelve months—this order is not in my hand. writing—I never authorised the prisoner to get any goods for me at Gains-ford and Co.—I have seen the prisoner write—this order is very much like his hand-writing—I believe it to be his—I did not get the goods.
GUILTY of Uttering. Aged 20.— Transported for Seven Years. (There were two other indictments against the prisoner.)
Before Mr., Justice Coltman.
MR. CLARKSON. conducted the Prosecution.
JAMES CORDY . I live at Portslay, in Sussex. On Thursday morning, the 11th of July, my servant conveyed me, in my phaeton and pair, from Portal ay to Brighton—I went to London by the early coach that day—I returned on Saturday the 13th—I heard in London that ray stable had been broken open, and, on returning, I missed my horse—the stable-doer had been repaired—when I got back I published handbills of my loss, and received a communication from Mr. Haddon—on the 25th of August I went down to Ickworth, in Suffolk, and saw ray horse—I knew it directly—it was in a very poor state indeed, and had its tail cut square—when I lost it it was in very excellent condition, and had a switch tail—I attended before the Magistrate, and after I swore to it they allowed me to take possession of it—a man named Manning is now in Bury Gaol, charged with receiving it—Cousins saw my horse on my road back, at the Windsor Castle public-house, Purley Green, and Johnson, Mr. Batty's carman, has also seen it—I found the horse's neck very sore, as if rubbed by the collar—it is a remarkable horse, and had lost a tooth in the under jaw—it is a bay gelding, rather dark.
HENRY HARDS . I am in Mr. Cordy's service. I drove him to Brighton n the 11th of July—I got back at eight o'clock the same morning—It is but four miles—I locked up the horses in the stable at eleven o'clock at night—the dark bay horse was safe then—I locked the stable, and put the key into my pocket—it is a patent lock—I went to the stable at half-past six o'clock in the morning, and found the lock punched off, and the bay horse gone; also, a new bridle, a saddle, and a pair of plated spurs—the saddle was not quite new, but it was as good as new, and looked new—I saw the horse again when my master returned from Suffolk, and knew it again—the tail was cut square, which was a switch before, and it was in a very Poor state, but I am quite sure it is the same horse.
CHARLES COUSINS . I am an ostler at the Windsor Castle public-house, Purley-green, about a mile from Croydon, further from London, on the Brighton-road. On a morning in July last, I saw the prisoner at our house, between
seven and eight o'clock—I heard of the loss of Mr. Cordy's horse the same morning as it was lost—I was not present when the prisoner came—I had been out for something, and when I returned he was there—when I first saw him he came out into the back-yard of the house to me, and asked me the nearest way to Woolwich—I told him I did not know—he asked me the way to Shooter's-hill—I said I did not know—I went in to clean my knives, and after that I saw him going into the stable—I went to him, and saw a dark bay horse there—the prisoner had a pair of plated spurs on, and was looking at the, horse eating his corn—the horse seemed as if he had been hard ridden, and did not appear to eat his corn—I saw the prisoner put a Mackintosh on the horse, after I had rubbed him down—it was heated very much, as if it had been ridden a good bit—the prisoner said, "I think I have ridden him rather too hard, T have driven him off his stomach"—he left the Mackintosh behind, and I produce it—I went to get some water to give the horse, and the prisoner said, "Stop a bit, I will get a pint of ale, to pat into it, as it may do him good;" which I did, and the horse drank part of it—he then said he would shut him up a few minutes—he pot the Mackintosh on him, and went away and left him for a little while—I went and finished my knives, and afterwards I came out again, to see how the horse got on—the prisoner then said he thought he should start, and wanted his horse—I put the saddle and bridle on—it was a new bridle—I got the horse ready for him, and he rode away—I have not the least doubt of the prisoner being the man—I have since seen the hone in the prosecutor's possession, and have not the least doubt of its being the same.
Cross-examined by MR. PHILLIPS. Q. When did you first see the prisoner again? A. When I saw him at Union-hall—he was sitting where the police were—Mr. Cordy said, "Look round, and see if you can see the man"—I looked round, and Mr. Cordy said, "Do you see him?"—I said, "The man sits on the other side there, behind those people"—Mr. Cordy did not say," That is Chapman"—he asked me if the man sitting in the bar was the man, and I said it was—he pointed to Chapman, and asked if he was the man, and I said he was—I was gone down to Mr. Gosling's to get some hog-wash when the prisoner came to our stable—when I came back, I saw him come out of the back-yard—there was nobody with him—there were more people in doors—I do not know Richard Staines—I know Richard, who looks after the van horses—(Richard Staines was called in)—that is the man—I knew his Christian name, but not his surname—he was at my master's that day—I saw him just after I turned from getting the hog-wash—he sometimes assists in taking care of the horses when I am out—I should think the prisoner and the horse said about half-an-hour after I returned—Mr. Vickery, my master, had "opportunity of seeing the man—he was at the police-office, and was asked to identify the prisoner—he was brought there on the part of the prosecution—my master saw the man who came with the horse to our house—was at home all the time the man was there—I believe he is not here to-day.
MR. CLARKSON. Q. Have you any doubt whatever that the prisoner is to man? A. Not any—Mr. Cordy told me at the police-office to look round the room, and see if I could see" the man, the prisoner.
COURT. Q. Did he say what man? A. No—he asked me if that was the man sitting behind—he was sitting behind some people, so that I could
not see him—I told him it was the man—he pointed to him—he did not point with his finger.
MR. CLARKSON. Q. What was the first thing he said? A. When we went in Mr. Cordy said, "Look round this room, and see if you can see the man"—I did so, and saw the man—I had not seen him before Mr. Cordy asked if that was the man sitting round there behind I said it was—the prisoner is a very tall man, about five feet five—I have not the least doubt he is the man.
COURT. Q. What day was it you saw the prisoner at Union-hall? A. About three weeks ago, I think—it was before I signed my deposition—I went there twice.
GEORGE PETERS . I am groom to Mr. Goddard, of Portslay. About eleven o'clock, on the morning of the 11th of July, I was going on my master's business to Copperas Gap, which is about half a mile from Mr. Cordy's premises, and saw the prisoner, about one hundred yards from Mr. Cordy's house, going towards it—I am certain of him—there was another man with him, shorter than the prisoner—I think I should know that man again if I saw him—it was not young Manning—I had never seen 1/4 the prisoner before to my knowledge—I did not see him again till he was at Union-hall—I knew him there directly he came up.
Cross-examined. Q. How long was that after you saw him at Copperas Gap? A. About eight weeks, as near as I can tell—I did not hear the Magistrate, when he heard it was a question of identity, order all the wit-nesses out of the office—I was sitting alongside Mr. Cordy's servant, Hards—directly he came up, I said to Mr. Cordy's servant, That is the man I saw at Portslay, don't you know him?"—the servant said, "I don't know, I believe that is him"—Mr. Cordy's servant was not with me Copperas Gap—I said to him," That is the man I saw at Portslay; is it do you know?"—I did not know whether he had seen him since he was in custody—I asked him if that was Chapman—I said, "That is the man I saw at Portslay," and said, "Is that Chapman?"—he said, "I think it is"—I said, "Js that the man," but I meant was that Chapman.
Q. Before you were sworn at Union-hall, did not two persons point out Chapman in the dock as being the man? A. No—as he came up I said I knew him—nobody pointed him out as being the man before I was sworn—. that I swear positively—I was there when Chapman was brought up—I did not hear the Magistrate order the witnesses out—I did not see the witnesses go out—I saw the woman go out—I do not know who ordered her out—she gave evidence—I never said to that gentleman (Mr. Woolf) that I had heard two persons behind me say that Chapman was the man—I think that gentleman asked me some question on the part of the prisoner, but I did not say so in answer to his questions—the prisoner did not speak to me when I saw him at Portslay, but the man who was with him stopped and spoke to me, for about a minute, I suppose.
CATHERINE HENTLEY . I keep French's Gate, at Red Hill, in the direct road between London and Brighton, and about ten miles from Croydon. I heard of the loss of Mr. Cordy's horse—before that, between six and seven o'clock in the morning, (I think)a person came through the gate with a horse—he was coming up gently, walking, and the horse appeared in a terrible distressed state, and much fatigued, but seemed to have got cooler—when he got to the gate, it appeared to have been ridden hard—I think it was about seven o'clock—I cannot recollect what morning it was—my
nephew let the horse through the gate—I did not look at the man so much at the horse—I cannot say the prisoner is the man, for I stood in a doorway md the porch is low—I did not see him much, as he sat on the horse—I think he was a tall man, and he had a Mackintosh on, like the one produced—I thought it was an old Mackintosh.
Cross-examined. Q. Were you taken to Union-hall to be examined? A. Yes—I saw all the other witnesses there—I do not remember being lent out of Court.
JOSEPH JOHNSON . I am carman to Mr. Batty, a market-gardener, in Blue Anchor-road, Bermondsey. On Saturday, the 10th of August, five weeks ago last Saturday, Joseph Manning brought a dark bay gelding to my master's, and asked leave to put it up there, which was given—the gelding was left at my master's stable seven days under my care—I was not there then it was fetched away—I groomed it while it was there—I afterwards saw the same horse in Mr. Cordy's possession.
JOSEPH MANNING . I am the son of Joseph Manning, who lives at No. 9, Spa-road, Bermondsey. I was taken into custody on this charge, and have been admitted to bail—I was afterwards examined before the Grand Jury—I have known the prisoner two or three years—he keeps a beer-shop in Page's Wharf, Bermondsey—on Saturday, the 10th of August, a man tuned Smith and the prisoner brought a gelding to my father's door—the prisoner said nothing to me, or in my hearing, when he brought it—Smith took it out of the cart which they brought him in, and put it into my father's cart—Smith is shorter than the prisoner—I do not know where he is—I bad seen him two or three times before, in company with my father and the prisoner—he is not at all like the prisoner—after Smith put the bone into my father's cart, my father and the prisoner went away together with the horse and cart—I cannot say how long they staid away, for I was Dot at home when they returned—I came home about five o'clock that evening, and found the horse there—the prisoner was not there—my father gave me some directions, in consequence of which I took the horse to Mr. Batty's I fetched it away again just eight days after, and took it, by my father's directions, over the water to him—that was the last I saw of the horse—what became of it, or my father, afterwards, I do not know—my father is now in prison in Suffolk on this charge—on the Tuesday after I bought the horse from Mr. Batty's, I drank with the prisoner at a public-house near the Court of Requests, and he said the horse that my father had gone into the country with belonged to him—on the day the prisoner and Smith brought the horse, my father was outside the door, about half-as-honor before they came, walking backwards and forwards, feeding his own horse.
Cross-examined. Q. What were you charged with? A. I do not now—I never asked what I was sent to gaol for—Mr. Cordy said he must take me into custody—I did not ask him what for—he said to had got evidence enough, as he thought, to take me into custody—I thought it was taking a great liberty with me, and did not much like it—I had never been taken up before—I was ill at the time, and was very much hurt about it—I did not ask whether it was for highway robbery, horse-stealing, or house-breaking—I had heard that my father was taken into custody at Bury, for having a horse in his possession, knowing it to be stolen, and I thought I was taken up on the same case—I had not the horse in my possession—I might have known Smith about
six weeks—he is shorter and stouter than the prisoner—I did not notice his whiskers—they may be largish whiskers—the prisoner does not look the same as I have always seen him—he is altered in his face—he looks much thinner, and his whiskers may not be so bushy as they were—I can not say that I see any other difference—I cannot tell what kind of whiskers Smith has—I was never in his company more than an hour at a time and I never took notice of his whiskers—I cannot tell how many times have been in his company—I cannot form any recollection—I might have seen him half a dozen times, or more—I cannot positively say—I will swear I have not seen him twenty times—I drank with him twice, that is all—one time I was an hour in his company, and the other time about quarter of an hour, but I cannot tell whether he has large whiskers or not—I was examined at Union-hall—I was not sworn, as I was not examined as a witness against the prisoner—I was examined—I am sure I was not sworn—I think what I said was taken down by the clerk—it was read over to me and the prisoner last Thursday—I signed it no the Friday—I was not desired to listen to it—I was there as a prisoner—my father is a short, stout, elderly man—his whiskers are turning grey—they are not large—the last time I saw Smith was on the Saturday before I was taken—I cannot say how long my father and Smith have been acquainted—I have seen them together for a month or six weeks—my father been acquainted with Chapman three or four years—I have been acquainted with him about three years.
MR. CLARKSON. Q. When did you last see Smith with the prisoner? A. On the Sunday my father went away, at Chapman's house.
MR. CORDY. re-examined. The prisoner's whiskers are not now in the same state as they were when he was taken into custody—they were then much fuller, as they had been previously described to me by the ostler it the beer-shop, and by that I advertised him.
Cross-examined. Q. Has the prisoner grown shorter or stouter since he was taken up? A. I see no difference in that.
CHARLES COUSINS . re-examined. I gave Mr. Cordy a description of the prisoner before he was taken into custody—his whiskers now are not so long as they were when he came to Purley Green, and they do not come down so far.
WILLIAM LEVERICK . (police-constable R 57.) On Thursday morning, the 29th of August, I saw the witness Manning at the station-house—he gave me information—I have not heard him examined to-day—I had apprehended the prisoner on the 28th, at his own house, which is a beer-shop in Page's-walk—I asked him if he knew old Manning, of the Spa-road—he said he did—I asked him if he had ever lent him a horse and cart at any time to go into the country with—he said he had not—I then said young Manning had told Mr. Cordy, in my presence, that the horse his father had gone into the country with was his (Chapman's) horse—be said he could not have said so, for he never had a horse, nor any thing to do with one—young Manning was taken about half-an-hour before Chapman and he gave me some information about the horse.,
Cross-examined. Q. Were you present when young Manning was taken up? A. Yes—Mr. Cordy told him he was sorry to say he was compelled to give him into custody on account of the horse being traced to his possession.
MR. CLARKSON. Q. Are the prisoner's whiskers in the same state as
when you took him? A. No, they came pointed down to his chin nearly, and were darker rather—they are not as full now as they were then.
MR. PHILLIPS. Q. They look as if there had been some dye to change the colour? A. They are rather lighter than they were—I have known him a long time—I am certain Mr. Cordy told young Manning he gate him into custody for the horse having been in his possession—I was at Unionhall—I remember the question being raised as to the identity, whether the prisoner was the man, and Mr. Traill publicly ordered those out of Court who bad come there to identify the prisoner—Peters was there to identify the prisoner—I believe he was ordered out among the rest—I cannot say whether he went out, for I did not know he was a witness—Mr. Cordy bad brought him—I believe Mr. Cordy was present when the order was given—Mr. Traill did not rebuke Peters in my presence, for remaining after the order was given—I was not in Court all the time—I was there when Peters was examined—Mr. Traill did not tell him in my presence that be ought to have gone out.
CHARLES PALMER . I am a police inspector. Manning made a statement as soon as he was brought to the station-house—it was not made to me—It was made in my presence, and in the presence of the prisoner—Manning was brought in, charged with stealing the horse—he told Chapman that he knew the horse was his, and that be (Chapman) had told him so—when Chapman came in, I told him he was charged with horse-stealing—he said he never had a horse, and never had any thing to do with a horse in his life—Manning said, "You recollect what you told me at the beershop near Horsemonger-lane Gaol," that Chapman had asked him when his father would be back with the horse, and said that the horse was his and be had lent it to his father to go into the country with—Chapman' denied it.
Cross-examined. Q. Then, all through, Chapman denied Manning's Motion? A. He did—I do not know when old Manning was taken up.
MR. CORDY. re-examined. Old Manning was taken up on the Tuesday, and the prisoner about the Wednesday week following.
MR. PHILLIPS. Q. Had you seen the prisoner in the interval? A. No.
MR. PHILLIPS. called
RICHARD STAINES . I am horsekeeper to Mr. Stanbury. My station is at the Windsor Castle public-house, where Cousins is ostler—I remember a man and a horse coming to the Windsor Castle one day while Cousins was gone down to Mr. Gosling's to fetch some hog-wash—the man and horse one about half-an-hour before Cousins returned—it was a bay horse, it seemed to sweat very much—after Cousins came he attended to the tone himself—I attended to it before he came—the man and horse were at the Windsor Castle public-house, it might be an hour and a half—I cannot say exactly—as far as my oath, the prisoner is not the man, for he had larger whiskers and a darker complexion—I do not think he was quite so tall, and rather stouter in proportion—I do not know the prisoner at all—I saw him last Thursday—I have had no acquaintance with him—some Policeman came to the Windsor Castle soon after—Mr. Vickery, the landlord, had an opportunity of seeing the man—I cannot say whether Mr. Cordy took Mr. Vickery to Union-hall—I was there, and saw Mr. Vockery there—I talked to the man, it might be, nearly half-an-hour—he was there nearly an hour and a half.
MR. CLARKSON. Q. You say you do not think the man was quite so tall
as the prisoner? A. No—I will swear he is not so tall as that man, what I can see of him now, but I cannot see the height of him now—I saw the height of him at Union-hall—I am quite positive the man I saw at the stable was not so tall as the prisoner—I am quite positive he is not the man who brought the horse—he is not the complexion of the man—I never told a gentle man I believed he was not, but would not swear it—I do not remember a squabble at the office between two attorneys, who should defend him—I did not hear another gentleman claim him as his client—I was not examined at the office—I was outside, and the policeman had me in, and said I was wanted—I do not know who sent for me—I had an order to come down—(producing it)—I believe I first saw that gentleman (Mr. Woolf) on a Wednesday night, down at the Windsor Castle public-house—I do not know who I got this order from—a man brought it to me—he brought it to me before I saw that gentleman—it was not that gentle man that came down to me—a man came to me—I did not say it was that gentleman—I never saw him at the Windsor Castle public-house—I had the paper before I saw that gentleman—I first saw him in London at a public-house not a great way from the office—I do not know the name of the street—it is about a quarter of a mile from this place—a man took me there, and this gentleman came and met me there—I do not know who the man was—he came down to the Windsor Castle public-house last night, and wanted me to come away last night, but I could not—I did not see this gentleman till this morning—I do not know Mr. Flower the attorney—the gentleman wrote down what I said in the public-house—I saw him write it—I told him I could not swear exactly whether he was the man or not, till I saw him again.
Q. On your oath, did not you say to Leverick, the officer, at Unionhall, that it was the man in the dock who had the horse, and that you could swear to him from a hundred, or words to that effect? A. No, I did not—I swear that—it was not the same gentleman came down to me last night who brought me the summons—I did not see this gentleman at Union-hall on the Thursday, when I attended—I did not hear him cross-examine the witnesses—I did not hear what was said—I could not her very well.
EDWARD PARKER WOOLF . I am clerk to Mr. Flower, the solicitor, I attended on the prisoner's behalf at Union-hall—an order was given by Mr. Traill, the Magistrate, that all the witnesses who came to swear to the identity of the prisoner, should leave the office—it was given loudly, so that every body could hear it, and some time was allowed for the witnesses to leave—I remember Peters being examined to the identity—Mr. Traill said it was a very strange thing, but it very frequently happened, when witnesses were required to speak to a particular fact, instead of leaving the Court they did not do so—he said it in the presence of every body there, but it seemed be particularly directed to Peters—he said it just previously to Peters examination—Peters said to me in answer to a question, that some person standing behind him, and the prosecutor's servant, had said the Prisoner was the man—that I am positive of—I never saw Staines at the Windsor Castle public-house—I never was there, and never spoke to him till this morning MR. CLARKSON. Q. What was the public-house you saw him in this morning? A. I do not know the sign—it is contiguous to this Court—a person appeared before the Justice representing that he came from an attorney—Mr. Flower had been previously instructed to defend the prisoner
—this person had obtained the prisoner's signature to some papers, and I complained to the Magistrate of his having done so—the prisoner was brought out and asked who he wished to defend him, and he said Mr. Flower—Peters was improperly in the office after the witnesses were all ordered to withdraw—I did not notice him in the office when the Magistrate made the order—he might have been there at that time, but he was certainly in the office shortly afterwards, and he made no answer to Mr. Traill's observation—I do not remember that Mr. Traill addressed him by name at all.
MR. PHILLIPS. Q. What time did the witness arrive from the country? A. Only this morning, about ten o'clock.
MR. CLARKSON. re-called
WILLIAM LEVERICK . The witness Staines told me at the Catherine Wheel, in the Borough, that the man who brought the horse was the man that was in the dock, and he could swear to him from & hundred—it was just after we had been to the office and seen the prisoner—it was when the witnesses were ordered out to be examined separately—I asked him to go in and be examined, but he refused—I was sent out by the Magistrate to find him, and found him drunk at a public-house with two others, and he would not come in.
(George Frederick Levick, formerly chief-officer of the Red Rover; Isaac Dodd, egg-merchant; and William Colbert, cordwainer, gave the prisoner a good character,)
GUILTY . Aged 35.— Transported for Fifteen Years.
Before Mr. Recorder.
GUILTY . Aged 31.— Confined Three Months.
JOHN BANBERY . I am a carpenter, and live in George-street, Camberwell The prisoner was my journeyman—he left me at the latter end of December last—while he worked for me I missed the hammer—I made inquiry and spoke to him about it—he said he had not seen it—it cost me 1s. 6d.
Cross-examined by MR. PAYNE. Q. How many times hate you appeared here before against the prisoner? A. Once—that was about staling tools—there were three charges against him—he was acquitted on them all—I am a retailer of beer as well as a carpenter—the prisoner is a tenant of mine—he has a wife and children—I put in a distress for 1 l. 8s., 6d., and the broker took away his things, but previous to that I offered to forgive him the rent if he took his things away, but he said he would stop there and rot—he was tried before the present Judge in March this year.
Q. At that time did you know he was going to be a witness against you on an excise information? A. He never was a witness against me—he did not lay the information—one James Mansell, as I am informed, laid it—it has never been heard—I have paid 35l.—the prisoner did not tell)I me he would lay an information against me—he and Mansell threatened me certainly—I do not know that the prisoner is entitled to a portion of the
penalty—I do not believe he is to have it on the 24th of this month—he was taken up under the Vagrant Act—he and his wife were begging in the street, and then the policeman searched him and found twenty-six duplicates on him for carpenters' tools—that was after I had taken hit goods for rent—I found out about this hammer the other day—I was talking about the tools I had lost, and said, "One hammer was never found"—the witness Brown, who had a lodging at my house, directly said, "I bought a hammer of Aldridge," and he brought it to me next morning—this is it—(looking at it)—it was taken off my work-bench—there was a crack in the handle as it is now, and a stamp on the iron—I believe Brown lived near me when I lost it—he used to come to the skittle-ground in my place as another person would—he used to make clothes for me—he could not go into my shop—it was always locked when the men are not there.
HENRY BROWN . I am a tailor, and live in George-street, Camberwell I purchased a hammer of the prisoner for 2 1/2 d. from the 25th to the 27th of November—I should not like to swear positively to either of the days—to the best of my recollection it was on a Monday in November last—it was not cheap to me, as it was not of any service to me—he asked me that for it, and I thought no harm of it.
Cross-examined. Q. How long have you known Mr. Banbery? A. I should say three years—I once summoned him for 19s.—he did not pay me—he convinced me I was wrong, and I paid the costs—no one ever charged me with stealing any thing to my knowledge—I was never charged with stealing a watch—I was never tried at Horsemonger-lane to my knowledge—I never told a person named Bullard, or any one, that I stood on my legs there six hours—I have been there for debt, but was never there for stealing any thing—I was never at Brixton—I do not know a Mrs. Greenfield—I never heard of her—I was never accused of dog-stealing—I have never taken dogs to the house of a person named Woodford, requesting him to secrete them—I swear that positively—I have not been to Mr. Banbery's house for the last six months, owing to some words between us; but having a young man ill at my lodging, I went to Mr. Banbery's to get a bed for him, and while having a pint of porter before the bar, Mrs. Banbery brought up about losing a quantity of tools, and among other things a hammer, which she said had never been found—I directly said I had bought a hammer, and I took it there next morning—this is the hammer—I bought it of the prisoner on Mr. Banbery's own premises—Mr. Banbery's name is on it, but it is not discernible, and I never noticed it.
FREDERICK CALLAWAY . I live in Royal-street, Walworth. I have been a wheelwright, but am out of business—I was helping Mr. Banbery alter his shop, and while there this hammer was lost—one of the men asked the prisoner if he had seen it, he said, "No, d—the hammer, it is not worth 6d., it is somewhere among the rubbish or shavings."