CENTRAL CRIMINAL COURT.
TWELFTH SESSION, HELD OCTOBER 21ST, 1839.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
On the Queens 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, October 21st, 1839, end following Days.
Before the Right Honourable SAMUEL WILSON , LORD MAYOR of the City of London; Sir John Bernard Bosanquet, Knt., one of the Justices, of Her Majesty's Court of Common Pleas; Sir John Gurney, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir William Henry Maule, Knt., one other of the Barons of Her Majesty's Court of Exchequer: William Venables, Esq.; Sir John Key, Bart.; Sir Peter Laurie, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City; John Pirie, Esq.; John Lainson, Esq.; James White, Esq.; John Humphreys, Esq.: Michael Gibbs, Esq.; and Join Johnson, 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. TWELFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two start (**), 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, October 21st, 1839.
First Jury, before Mr. Recorder.
2692. THOMAS YATES was indicted for stealing, on the 12th of October, 1 jacket, value 125. 6d., and 1 handkerchief, value 6d., the goods of Michael Mahoney; and that he had been before convicted of felony.
JOSEPH PARKER . I am a carpenter, and live in Harrison-street, Gray's-inn-road. On the 12th of October, I was in Regent-square, and saw the prisoner take a jacket off a quantity of bricks in front of some houses which are building there—he went off with it—I followed him till he was stopped—I saw him drop the jacket—I took it up and gave it to the officer.
Prisoner's Defence. I did not see it till the gentleman gave it to the policeman.
CHARLES ROBERTS re-examined. I produce a certificate of the prisoner's conviction, which I got from the Clerk of the Peace—I was present at this former Court on the 12th of last August, when he was tried—he is the same person—(read.)
GUILTY . Aged 16.— Confined Six Months.
NOT GUILTY .
GUILTY . Aged 28.— Confined Three Months.
GUILTY . Aged 21.— Confined Twelve Months.
GEORGE KEITH . I am an ironmonger, and live in Brewer-street the prisoner has been my porter four or five months. On the 24th of August I placed in my till two half-crowns and nine shillings, all marked-in consequence of information, about an hour afterwards I looked into my till and missed one shilling—I called in a policeman, and then I asked the prisoner if he had a shilling about him—he said, "No," but immediately after he said he had—I asked to look at it, and found it was one I had marked—this is the shilling—here are others marked in the same way.
JOHN ANDERSON (police-constable C 116.) I was called in—the prosecutor asked the prisoner if he had a shilling—he said, "No," and then he said he had, but it was his own—he took it out of his pocket and threw it on the counter.
Prisoners Defence. It was my own—I had received it on the Saturday night before that from my mistress.
(The prisoner received a good character.) GUILTY. Aged 18.—Recommended to mercy .— Confined Fourteen Days.
ROBERT MILTON . I am a wholesale shoemaker at Uxbridge. The prisoner was employed to work on leather at my house, but not to take it home—I went with my foreman to the prisoner's house, and saw some leather found there—some in the back attic, some in the back bed-room under the bed, and some in the cupboard in the front room.
Cross-examined by MR. PHILLIPS. Q. The whole amount you charge is 4s. worth? A. Yes, I believe the house was not a lodging-house, but I cannot undertake to swear it was not—a man left my employ on the night the prisoner was taken, who went by the name of Albert—it might be Charles Albert—he left unknown to me—it is usual for my servants to leave me in this manner—it was known that the prisoner was taken up—I looked after Albert that night, hearing that he had removed his tools—I have not seen him since.
JOHN LINCOLN REYNOLDS . I am foreman to the prosecutor. Some of these pieces of leather are piece soles, some liftings, and a pair of uppers which are for women's boots, not for shoes—this leather is worth 3s. I cut the pieces out myself—I know them to be my master's—they have my own handwriting on part of them—I went with the prosecutor and constable to the prisoner's house, which is about two hundred yards from my master's—I knew he lived there.
Cross-examined. Q. Do you know Albert? A. Yes, his name might be "Charles"—he had been about two months with my master—I did not know where he lived.
WILLIAM WINDER . I am a police-sergeant. On the 10th of October I took the prisoner and searched his house—I found the leather produced and a quantity more—he said Mr. Milton could not swear to it—he had brought a great quantity from Hemel Hempstead—he did not say whether he brought this—I saw his wife—she said that one of the rooms in which we found the leather was let to a lodger—I know the room which is occupied by the prisoner and his wife—I found some leather there.
Cross-examined. Q. Did the name of the lodger transpire? A. Yes it was Albert—I am the policeman that searched after him, and I could not find him.
NOT GUILTY .
MOSES HART . On the night of the 25th of September the prisoner came to the shop, which is kept by my uncle in Houndsditch—she asked to look as some silk—my sister made a sign to me—the prisoner said, "You have some calico, let me look at it"—my sister went to get it, and the prisoner went and looked at some mousse line delaine, then the took a piece of lawn, and put it under her shawl—I went and asked her for it—she said she had no lawn—she had only asked the price of the mousse line delaine—she went to the bottom of the shop and sat down—the lawn dropped from under her cloak, and a child, about two years of age, picked it up—it was several feet from the place where she took it—this is it.
Cross-examined by MR. PAYNE. Q. Did you see what the prisoner did?
A. Yes, clearly—I was about a yard from her—I was pretending to look another way—the child was in the shop—there were two gas lights—I believe the prisoner only pretended to sit down—I do not recollect, in the confusion, whether she sat down or not—my sister had some suspicion of her, and nudged me to stop—I believe there were two ladies in the shop—I was not talking to them.
Primer's Defence. I am quite innocent—the witness was playing with two young women in the shop.
JAMES MARTIN (City police-constable, No, 94.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I was present at the time—the prisoner is the person who was tried (read.)
GUILTY .* Aged 29.— Transported for Seven Years.
OLD COURT.—Tuesday, October 22nd, 1839.
Second Jury, before Mr. Sergeant Arabin.
2699. THOMAS BUCKMASTER was indicted for feloniously breaking and entering the dwelling-house of William Snosswell, on the 15th of October, at St. Sepulchre, with intent to steal, and stealing therein, I watch, value 8l. 18s., his goods.
WILLIAM SNOSSWELL . I am a watch and clock manufacturer, and live in Farringdon-street, in the parish of St. Sepulchre. On the 15th of October, about three o'clock in the afternoon, my shop-window was broken, and a gold watch taken, worth eight guineas and a half—I afterwards saw it in the prisoner's possession—this is it- (looking at it.)
GEORGE CONNERTON . I live in Waterloo-road. I was standing next door to Mr. Snosswell's, and saw the prisoner break the window, put his hand into his pocket, and walk away directly—I ran over the way, and told a policeman, who took him.
Prisoner's Defence. I did not do it with the intention of stealing the
watch—I did it through distress, having no means of getting a living—I have been in the army in Portugal, and have been fifteen years from England.
GUILTY .* Aged 30.— Transported for Fifteen Year.
FREDERICK ROSE . I am in the employ of Mr. Henry Muggeridge a corn-dealer, in Doctor's Commons; Holyhead was his foreman, Arber deals with Mr. Muggeridge. On the 15th of October, Arber came with his cart—he 'came into the warehouse—Holyhead was standing close by me—he said, "I suppose you want a sack of oats? "—he said he did—Holyhead went into a cellar below to get the sack of oats—Arber went to his cart, and got an empty sack—Holyhead shot the oats into the sack, and they both assisted in putting the sack into the cart—they then came and went to the desk, and Holyhead asked him if he would sign the book, which was usual—they both went to the desk, but did nothing of the kind—there is a book on purpose to be signed—when they came from the desk, Arber asked Holyhead if he would have some gin—he said, he did not care if he did, and they went to a public-house—I went to the desk to see if the book was signed, and it was not—it is here—things are always entered in this book before they go out of the warehouse.
Cross-examined by MR. BODKIN. Q. It was Holyhead's business to enter into the book? A. Yes, and the other also—the receiver signs his hand on the ticket left, and Holyhead on the ticket taken away by the receiver.
Cross-examined by MR. BALLANTINE. Q. You were in the room all the time? A. Yes, they could not avoid seeing me—they remained at the desk about three minutes I suppose—nobody sells but Holyhead and Mr. Muggeridge—he was taken up next day.
WILLIAM MUGGERIDGE . Henry Muggeridge is my brother. The oats belong to him—Holyhead was his foreman—Arber dealt with us—when any thing is purchased, a ticket is given, and the book is signed by the vendor, and the vendee too—Holyhead was cautioned never to let a gram go without getting a signature—no account has been returned to us abort the oats—they have never been paid for—I never saw Arber on the 154 of October—he never had credit—he always paid ready money.
FREDERICK ROSE . I live with Mr. Muggeridge. On the 16th of October I saw Arber there with his cart, between one and two o'clock—he purchased a sack of barley of Mr. William Muggeridge—he paid for it and both he and Mr. Muggeridge signed the book—Mr. Muggeridge asked him if he wanted any oats to-day—he said "nothing else"—I delivered the sack of barley to him—Mr. Muggeridge then left him—I was then sent up stairs by Holyhead—I had suspicion, and was determined to see how it was going on—I saw Arber throw an empty sack out of his cart into the warehouse—it was taken into the warehouse, three bushels were put
in below, on the floor—he threw the sack in, and another bushel was fetched from the floor above, by Holyhead—he put it into the sack—Arber held the sack open, and both assisted in putting it into the cart—I heard nothing about signing the book at that time—I am quite sure Arber had said before that he wanted nothing else to-day—he went off with the cart I followed it over Blackfriars-bridge—I hallooed to him, "Hoy," and as soon as he saw me he said, "I have got nothing but what is my own" he whipped his horses, and gallopped away—I went after him, stopped him, and said, "If you have nothing but what is yours, why run away?"—I brought him back—Mr. William Muggeridge gave them both in charge—Holyhead said, "I have got the money, and I meant to pay you for them"—Mr. Muggeridge then said, "There was a sack of oats on Tuesday," but they both denied seeing each other on the Tuesday.
WILLIAM MUGGERIDGE . On the 16th I sold Arber a sack of barley, for which be paid me—I asked if he wanted any oats—he said, "No, nothing else to-day"—Holyhead then ordered the men up above, and I left—when 1 went into the warehouse again, Holyhead told me Arber had left—he had said he would wait till four o'clock for some papers—he was afterwards brought back—I never received the money for the oats.
Cross-examined by MR. BALLANTINE. Q. When was it the custom for or Holyhead to account to you? A. Generally at night—sometimes before, never after.
NOT GUILTY .
JOHN WATSON . I am agent to the Sunderland Glass Company in London. I am responsible for these bottles—I cannot say I am responsible for any deficiency, but they are in my custody—I have a fixed salary to conduct the business—the goods are sent up to me to sell—I am the Company's servant—I am not to make good any deficiency.
NOT GUILTY .
THOMAS SEDDON . I keep the Swan at West Drayton. On the 7th of October I attended a sale in the parish of Hayes, and bought, among other things, a dozen bottles, two of which were stolen—I saw them at the station-house at Uxbridge next day—these are them—(looking at them.)
Cross-examined by MR. CHAMBERS. Q. Were there not several lots of bottles sold? A. Only one lot—these are two of them—here is the maker's name on one, and a mark on the side, and here is a flaw in the other bottle—I paid for the lot after the sale was over, before I missed the two—I bought twelve, and counted them when I bought them—upon going with a ticket to get them, I found two gone—I saw the prisoners at the sale.
WILLIAM GRAMSHAW . I attended the sale—the two prisoners were there—I stood close to Mr. Seddon when he bought the bottles—I afterwards saw the two bottles in a cart belonging to Beach the carrier—the two prisoners were together behind the cart—Bali asked me to give him two stone bottles—I said, "You rascal, what do you mean by two bottles Where did you get these bottles from? "—he said, "I bought
them at the sale "—I said, "You rascal, they are part of Mr. Seddon's lot"—there were none besides those he bought—these are the bottles.
Cross-examined. Q. You knew Ball before? A. Yes—he is a working man—he came behind the cart on the road—I was in the cart.
JOHN BEACH . I am a carrier—I do not know how the two bottles came into my cart—they were put in while I was gone round the house for some tubs—Ball asked for them, and said they belonged to him—Tuckwell was walking by my side with the cart.
THOMAS WILLIAM BAKER . On the 7th of October I was at the corner of Fish-street Hill, about three o'clock in the afternoon, and felt a tug at my pocket—I turned round and saw the prisoner passing by me, and shuffling something into his pocket—I took hold of his collar, and said, "You have got my handkerchief," he said, "I have not"—I said You have"—I seized him by both arms, and my handkerchief fell from him—this is it (looking at it.)
Prisoner's Defence. I saw a gentleman with two boxes—I was running to ask him to let me carry one—I pushed up against the prosecutor and he laid hold of MR.
GUILTY .* Aged 14.— Transported for Ten Years.
GUILTY . Aged 16.— Transported for Seven Years—Convict Ship.
WILLIAM BANKS . I am shopman to William Lamb, a woollen-draper. The prisoner dealt at the shop—he came on the 30th of September, and asked for twist—in consequence of suspicion I watched him, and saw him put his hand three times into his pocket—the two last times he took a ball of twist—he bought some, and paid a penny for it—he then left the shop—I directly followed him out, and gave him in charge—five balls of twist were found on him, which I swear are my master's.
(The prisoner put in a written defence, stating that he had found the twist near Covent-garden, but as it was not the sort he required, he still vent to the prosecutor's to purchase.)
GUILTY . Aged 23.— Confined Three Months.
JAMES STONE . I am in the service of Coles Child, and another coal-merchants. The prisoner was in the employ of Mr. Walker, at the next premises—being constantly robbed I set somebody to watch the prisoner, and about eight o' clock in the morning I saw him and his
daughter with him, about two hundred yards from the premises, going along the daughter had a large piece of coal, weighing 11 1/2 lbs.—I had seen them come off my master's premises with it—he said he knew nothing about it.
BENJAMIN BYE . I work for Mr. Child. I was set to watch—I saw the prisoner take the coal off the heap, put it into a basket, and give it to his daughter, who went off with it—they had no business on master's premises.
prisoner's Defence. I know nothing about it—I do not know how it got into the basket.
(The prisoner received a good character.)
GUILTY Aged 52.—Recommended to mercy.— Confined Two Months.
STEPHEN SANDERS . I am a policeman. On the 8th of October, about a quarter to eight o'clock in the evening, I saw the two prisoners sneaking about Mr. Boyle's shop—I saw them both go into the shop, and come out with this huckaback—I took them into custody, about fifty yards from the shop, walking away with it—it was six feet inside the shop, Davies's Defence. I was standing by the shop-window—a girl said she was going into the shop for a parcel, and she would give me 6d. to carry it—I found it too heavy for me, and asked this girl to help me—the policeman came up, and the other girl ran away.
Cavanah's Defence. Davies asked me to carry it—I said I had some where to go, and the policeman came up directly.
DAVIES— GUILTY . Aged 15.
CAVANAH— GUILTY . Aged 16.
Confined Three Months.
GEORGECHENEY. On the 19th of October I saw the prisoner come out of Mr. Smith's house, in St. Paul's Church-yard, and having received information before, I watched him—he had a basket in his hand, which he afterwards put on his shoulder, and went into a public-house—he came out again in about a minute—I followed him to Bucklersbury, and asked what he had in his basket—he said, "Some meat and potatoes "—I took it from him, and found it was two bottles—one containing brandy, and the other tops and bottoms.
HENRY GOODENOUGH SMITH . I am a wine-merchant. The prisoner 13 my cellarman—I can swear to one of these bottles—I compared it with some in my cellar, and it agreed with it—he had no right to take any thing out of my house.
GUILTY . Aged 33— Confined Three Months.
Smithfield—I know their marks—twenty-seven were marked G" and two with a heart—I had no mark of my own on them—I sent them to Finchley to a field which I had there—I did not know any were missing until the 11th of October—I saw them brought to my house afterwards, and knew them to be the four I had lost—I have known the prisoner a long time—he has been in the habit of driving sheep for my drover at times—I have known him in Smithfield many years.
WILLIAM UNDERWOOD . I am the prosecutor's servant. I heard that four sheep were missing—I afterwards saw them at Mr. Smout's in Gray's Inn-lane, and knew them to be master's, I knew the marksthree were marked "G" and one with a heart—the four sheep missing were so marked—I brought them away—I did not see any more in Smithfield marked in the same way.
WILLIAM HILL . I am a drover, and drive for the prosecutor—he bought twenty-nine sheep, which I took down as far as the three milestone, towards Finchley—the prisoner counted them there—they were left in Mr. Glennerster's field—the prisoner, was assisting me—he told me, when he came back, that he made twenty-nine of them—I waited at the junction-gate for him—he said they were all right when he put them into the field—I counted them myself on the Sunday afterwards, and found them all correct—on the Wednesday following, when I went to the field, I missed four—I have since seen four at Mr. Smout's, and know them to be the same.
JOSEPH SMOUT . I am a butcher I bought a sack of sawdust of the prisoner, having known him many years—he came for the sack on the Tuesday, and asked if I would buy four sheep, belonging to a salesman named Finch—I asked if it was the calf salesman—he said no, he came out of Lincolnshire—he said Mr. Finch's brother lived at Finchley, and had authorized him to part with them—I objected to buy—he said he was coming by next morning, and would I object to look at them—I said "No"—he called again on Wednesday morning, about eleven o'clock, with the four sheep, three marked "G" on the rump, and the others with a heart on the hip—I said I did not want any—he said they were very cheap, the price was 2l.—(they are large sheep)—he said, would I be so good as to let him leave them in my place till the afternoon—I objected or some time—I at last consented, and he was to fetch them away in the afternoon—I never bought them of him—he came into the shop, and asked me to let him have 3s., as he was going down to Mr. Finch s, with some sheep or beast—she had no money to pay the turnpike, and he would pay me when he came back in the afternoon—I said Mr. Finch had better have the sheep killed and sent to market, as he could not sell them in that way—he said, "Will you do it?"—I said, "If you bring me letter from Mr. Finch, I will let my man do it"—he promised to do so and said, "If Mr. Finch will take 38s. each for the sheep, will you have them?"—I said, "No, I will not have them at any price"—in the afternoon he returned, and said Mr. Finch would be much obliged to me to kill the sheep and send them to market, and he would call in the course of the week, and settle for them—I said, "Yes, he must call, I cannot pay you the money"—he said Mr. Finch authorized him to ask me for 4s. more which I gave him—he said Finch knew me very well, for I had bought many a calf of him—I said, "I never bought a calf about London in my life"—I then suspected all was not right, and made inquiry—he called
again on Friday, and wanted 4s. More, which I objected to, and said I thought it was not all right—I mentioned it to a drover, and the prosecutor claimed the sheep.
THOMAS HARRISON . I am a policeman. I went on Friday night to Gray's Inn-lane, and saw the sheep—I afterwards went with Smout, and found the prisoner in Portpool-lane—I said he had some sheep which he must account for—he said they were given to him to sell, by a man named Finch, and he was to meet him at the Peacock public-house, Islington, to pay him for them—I said he must go with me—I have inquired at Finchley, hut can find no such person as Finch.
Prisoner's Defence. I was employed to sell them, and was to have 1s. a-piece for selling them, for a Mr. Finch.
GUILTY . Aged 33.— Transported for Ten Years.
2711. NATHANIEL HASWELL and ANDREW BURT were indicted for stealing, on the 12th of October, 12 bowls, value 305., the goods of Archibald Horn and another; and that Haswell had been previously convicted of felony.
JAMES WARD . I am a builder, and live in Jewin-street. On the 12th of October I saw the prisoner Has well come out of the prosecutor's house, n the act of lifting these bowls on his head—I followed him—he went through a court, near the prosecutor's house—I lost sight of him for a moment, but overtook him in Bartholomew-close—he was then in company with Burt, and was in the act of wrapping the bowls up in an apron Burt put them on his head, and they both walked away together—I gave him into custody—Burt was one hundred or one hundred and fifty yards from the prosecutor's, when 1 first saw-him.
Haswell. Q. If you saw me come out of the shop, why not stop me? A. I was not near enough to do so.
HASWELL— GUILTY . Aged 18.— Transported for Fourteen Years.
BURT— NOT GUILTY .
NEW COURT.—Tuesday, October 22nd, 1839.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 17.— Confined Six Months; the last Week Solitary.
2713. JAMES GOODWIN was indicted for stealing, on the 16th of September, 49 yards of linen cloth, value 7l. 2 1/2 yards of lawn, value 7s.; and 2 table-covers, value 14s.; the goods of Charles Johnson., his master.
MR. CLARKSON conducted the Prosecution.
JAMES WILLIAM DOWNING . I am in the employ of Messrs. Morleys in Gutter-lane—I was shopman to Mr. Charles Johnson, in September last—the prisoner was his porter—he had been there about five weeks On the 18th of September, in consequence of finding something I sent for Bennett the officer, and went with him and the prisoner to his lodging, No. 19, Clifton-street, North-road, and in a pan of water, in the kitchen, was found a piece of linen, about two or three yards—this is it there is a mark of "No. 26" on it—it was merely the mark of the length—I did not know the mark—in a bed-room I found a short length of linen, with the mark, "26" on it—it is a custom in the trade to mark both ends of the linen with the same mark—these were similarly marked to the other pieces which were in my master's possession—I left the prisoner at his lodgings, and communicated with my employer—I went next morning to the prisoner's lodging with sergeant Dick—we found the same two lengths there—the mark was on one, but off the other—it had been taken off—here is the one that has the mark on it—I took the linen away, and two table-covers, which I know to have formed part of our stock—we found another piece of linen at Attenbrough's, the pawnbroker's, marked "F 107"—I knew that to be Mr. Johnson's—it is the remaining part of the piece which was found at the prisoner's house—I am quite certain of that—it makes the twenty-six yards complete—it was one of the pieces bought on the 2nd of March last—we bought eight pieces, from No. 100 to 107, with the letter "F" marked on each—this piece was sent out to a customer on the 21st of June, and returned to Mr. Johnson—here is another piece of linen with a mark, which appears to have been rubbed out—I saw it in Finnigan's possession, and am quite positive it is Mr. Johnson's—it is the only piece we had in the house marked in this partícular way, with a red mark, and I saw the pencil-marks on it—lawn is marked by means of a small piece of linen, on which the private mark is written and pinned near the end—on this piece of lawn here are the pin-holes, but the linen is not here—this is the part of the lawn where the mark was put.
Prisoner. When you came to me over night, you took the two pieces of linen away, one of which my wife had put in soak, and which she bought—the policeman took them away. Witness. Not that I am aware of.
THOMAS FINNIGAN . I am shopman to Mr. Griffith, a pawnbroker in Somers-town. I produce twenty-three yards of linen pawned by a woman, on the 12th of September, in the name of "Ann Goodwin, 19, Clifton-street."
JOHN CLOVER BENNETT (City police-constable, No. 371.) I went to the prisoner's house about eleven o'clock at night, and found a piece linen in a pan—I found another piece up stairs in a box, and on each of then "26" was marked—I left the linen at the prisoner's lodging, where I found it—I am quite sure u No. 26" was on these two pieces.
ROBERT DICK (police-constable S 346.) On the morning of the 19th I went to the prisoner's lodging, and found two pieces of linen there was no mark on the piece that had been in the water, and Downing said
was not in the state it was the night before—I asked the prisoner how he came in possession of them—he said he bought the ticket of ft person who lived in the Borough, and gave 1l. for it—I said, "You and your wife must go with me"—in the course of conversation with the wife, the name of Bedford was mentioned—I went to Mrs. Bedford's in Mint-street, Borough—I did not get a satisfactory answer from her—I found the table-covers on two tables in the prisoner's room.
JAMES M'ALT . I am in the service of Mr. Johnson. I put the mark, "F 107" on this linen, which is one of eight pieces—the pieces found at the prisoner's house matched with that—I took one of the pieces to Mr. Johnson that night.
Prisoner's Defence. My wife purchased the table-covers before I was married, which was four months ago.
GUILTY . Aged 21.— Transported for Seven Years.
2714. JOHN ALLEN and ANN COUPLAND were indicted for stealing, on the 2nd of September, 1 bag, value 1l.; 1 dressing-case, value 5s.; I soap-tray and top, value 5s.; 1 tooth-brush, tray, and top, value 10s.; 3 bottles and tops, value 10s.; I shaving-brush, value 10s.; 1 dressing-gown, value 7s. 6d.; 1 coat, value 3l.; 1 waistcoat, value 13s.; 2 pairs of trowsers, value 2l.; 1 shirt-pin, value 21. 2s; 7 shirt-studs, value 1l.; 1 seal, value 5s.; 1 pair of knee-buckles, value 6d.; 1 pair of boots, value 1l. 8s; 1 boot-jack, value 5s.; 2 shirts, value 18s.; 3 handkerchiefs, value 6s.; 3 neck-cloths, value 12s.; 1 pair of boot-hooks, value 2s. 6d.; 2 brushes, value 5s.; 1 brush-case, value 10s.; 1 pair of slippers, value 2s. 6d.; 4 books, value 12s.; and 1 razor-strop, value 6d.; the goods of the Honourable Stephen Edmund Spring Rice: THOMAS ALLEN , for feloniously receiving 3 bottle-tops, value 5s.; 1 shaving-brush handle, value 8s.; 1 tooth-brush, tray top, value 8s.; 1 soap-tray top, value 2s.; and 3oz. weight of silver, value 1l. 3s.; part of the same: well knowing them to have been stolen; against the Statute, &c.: and EDWARD COUPLAND for feloniously receiving 2 hair-brushes, value 5s. 6d.; 7 shirt-studs, value 1l.; 1 pair of knee-buckles, value 6d.; and I razor-strop, value 6d.; part of the same, well knowing them to have been stolen; against the Statute, &c.
THE HONOURABLE STEPHEN EDMUND SPRING RICE . I came from Newmarket, by the Norwich Telegraph coach, on Monday the 2nd of September I left the coach at the Golden Cross, Charing Cross, about six or seven o'clock, and missed my carpet bag, which I had seen in the hindboot—I believe it contained the articles stated—I did not pack it myself—these two brushes, this hone, these studs and handkerchiefs are mine, and this broken silver was the tops of my dressing case—they have been broken since the loss—my crest is on some of them.
PHILLIP BACON . I am servant to Mrs. Freer, at whose house Mr. Rice was. On the 2nd of September, I packed up a carpet-hag for him—I put these brushes in—I can swear to them, but not to the handkerchiefs—I carried the bag to the Telegraph Norwich coach, to go to London with Mr. Rice—I know most of the things.
WILLAM BAKER . I am a watchmaker, and live in Long Acre. On the 11th of September, Thomas Allen called at my shop and offered these pieces of silver—I asked his address—he gave me, "John Williams, 26, broad way, Westminster"—I asked where he got them—he said they were
his brother's—I said, "I suspect they are not come honestly by and should like to see your brother"—he said, "Let me have the silver back"—I said, "No"—he went away—I am sure he is the man—I sent my servant to inquire, and there was no such place as 26, Broadway.
SAMUEL POLDEN . I am a porter, and live in Johnson's-court, Fleet-street; I attend the Telegraph coach. On the 2nd of September, about a quarter before seven in the evening, the coach stopped, and a passengers got down at Fetter-lane—he asked for a blue bag—I understood him two bags—I took the keys out, unlocked the back-boot, and said, "These are yours"—he said, "Yes"—he took the blue bag, and went to the coach man—the coachman asked me for 6d.—at that time John Allen stood there—I said, "Most likely the passenger wants somebody to carry the bag," and I said to Allen, "Do you want a job?"—he said, "Yes," and after I had given the change he went on with the carpet-bag on his shoulder—lam sun he is the man I gave it to.
John Allen. Q. You did not put it on my shoulder? A. No, I gave it you, and you put it on your shoulder—the prisoner gets his living by taking things from the coach—he had received parcels in a similar way before.
EDWARD SIMMONDS . I came by the coach, and got down at Fetter-lane, on the 2nd of September—I had only one blue bag—I had no carpet bag—I took my own bag on my arm up Fetter-lane—I stopped to get some thing to drink, and saw John Allen with a carpet-bag on his shoulder—I told him it did not belong to me—I said, "Take it back to the coach" the bag was then shut up.
JAMES READ . I live in John-street, Walworth. On the 6th of September, in consequence of something Mr. Polden told me, I met a of coming down Chancery-lane, on which was John Allen—I called him off and asked him if he carried a carpet-bag from the Norwich coach, from the corner of Fetter-lane, on the Monday before—he said, "No, he had not carried a bag from any coach for some time past"—I said, "I believe it to be you from information—if you can give any information where you took the bag, I can put a shilling or two in your way"—he went away, and from then till the 30th of September I saw nothing of him.
JOHN BANFIELD (police-constable F 75.) I took John Allen on the 30th of September—he came very quietly with me—this is my writing—(looking at his deposition)—I swore I took him, but he ran away, and got him—a man gave him in charge for stealing a carpet-bag—he ran across the street, and I went and took him—I have been in the police force twelve months.
CATHERINE NICHOLSON . I am the wife of Edward Nicholson, and live in Bream's-buildings, Chancery-lane—John and Thomas Allen are my brothers. On the 2nd of September, my brother John brought me a bag at seven o'clock, and said a porter gave it him, that he followed a gentleman half up Fetter-lane to the Magpie, and the gentleman said it did not belong to him—I called Ann Coupland up, and Edward Coupland said he could break open the bag without touching the lock, but he did not do it that night in two or three days after, Mrs. Coupland brought my brother John, and said she was to open the bag by my brothers orders—she brought up a knife and ripped the bag up, in presence of my brother John, and then put
the property in it again and sewed it up with a needle and thread—I bad it in my place till the 6th of September, when John Allen took it out with the property in it—my husband was going to take it to the station-house, and Mrs. Coupland said it should not go to the station-house-my: brother took it into her room, and she said she was going to break it open—I went out, and when I came back she said my brother had taken the bag away, that she lent him an apron to cover over it, and she was going to pawn a handkerchief, and take the letter out of it—Edward Coupland was not at home when she took the bag into her room—she kept my brother out of the way.
Ann Coupland. Your brother slept on the stairs on the 5th—he had no place to go to—you came home tipsy, and said you would take a false oath to transport me from my family. Witness. I said no such thing.
GEORGE MUSGRAVE . I am a police inspector. I went to Ann Coupland on Thursday, the 3rd of October, and took her—I asked if she had not got some carpet shoes on her feet—she said, "No"—she then said, her husband was an innocent man, and she had thrown the bag into the New River—I took a person named Davy into custody, and he told me something, in consequence of which I went to a pawnbroker's in Gray's Inn-lane, and found a handkerchief, which I have produced—it is one the prosecutor has sworn to.
JOHN SPENCER . I am shopman to Mr. Brown, a pawnbroker in Fetter-lane. I produce a handkerchief pawned on the 6th of September by a female in the name of Ann Coupland—I cannot say I should know the person again—I believe the mark is picked out.
WILLIAM WOODS . I live in Duke-street, Westminster-road. I produce a hair-brush, which I gave Is. for, some studs, which I gave Is. 6d. for, and some knee-buckles, all of which I got from Edward Coupland—I saw him sell another hair-brush to Edward Gosling, who is not here, but the brush is—I know this is the brush he bought of the prisoner.
Cross-examined by MR. PHILLIPS. Q. Edward Coupland worked in the same shop as you? A. Yes, for about six months.
WILLIAM HARRISON . I am a cab-man. On the 6th of September I was fetched by John Allen, and took him up in Bream's-buildings—he brought a large bundle, put it into the cab, and said, "Drive towards Westminster"—he got on the box with me—in Chancery-lane a man stopped him—he got down, and told me to go on—he overtook me in going by St. Clement's church—he hailed a woman (not the female prisoner)—she got in, and he ordered me to drive to No. 12, Charles-street, Drury-lane—they got out, and took the bundle—I then drove them back and as they were getting out, the woman said, "I have pawned a handkerchief in Gray's Inn-lane for 2*. "—John Allen paid for the cab.
J. ALLEN— GUILTY . Aged 22.
S. COUPLAND— GUILTY . Aged 35.
T. ALLEN— GUILTY . Aged 30. Confined Six Months—Three Weeks Solitary.
E. COUPLAND— NOT GUILTY .
LOUISA KINDER . I am a widow, and live in Bath-street, Hackney road. On Saturday night, the 5th of October, I was standing at Holbornbridge—my son was standing near me—I felt a hand in my pocket—I turned, and saw a man at my back, I said, "Oh, you thief, you have robbed me!"—I found my money was gone from my pocket the man ran away—I ran after him till I could run no longer—I had 1s. 1d. given me at the station-house.
Cross-examined by MR. HORRY. Q. Is not your name Louisa Ann A. Yes, but I am always called Louisa Kinder.
SAMUEL KINDER . I was with my mother—she said, "Oh, you thief" I saw a man run off—I cannot say who—I followed him into Field-lane and thought I saw some man throw money away—there was some man taken, and I think it was the man I followed.
Cross-examined. Q. You will not swear that is the man? A. No—I think he was.
JOSEPH COLLISS . I live on Great Saffron-hill. I heard a cry of "Stop thief," and saw several people running, and the prisoner, with a sailor dress, and light trowsers on—he threw something from his hand, which sounded like money, on the pavement—a boy picked up a shilling, and gave it to the officer—I picked up a penny, which 1 gave up at the station-house.
Cross-examined. Q. Can you undertake to swear the prisoner was running? A. He was running with a good many more.
CHARLES PRICE (City police-constable, No. 164.) I heard the cry of "Stop thief," and saw the prisoner turn the corner, and run down field lane—I ran about half-way down, and saw him throw something that sounded like money—some person picked it up—I followed the prisoner who ran into a yard in West-street, which is no thoroughfare—I set a boy to watch—I went up the yard, and saw the prisoner crouching down in a corner—I brought him out, and a boy gave me one shilling he had picked up.
GUILTY . Aged 21.— Confined Six Months—Three Weeks Solitary.
ANN ROUSE . I live in Palace-place, Kensington. I left home about eight o'clock in the morning of the 2nd of October—I left the articles stated on my table—I locked the door—I returned at four o'clock—they were there then—I went out again, and came back at nine o'clock in the evening, and the linen was gone—the prisoner lodged in the house—I asked her if my son-in-law had been for the things—she said she did not know, for she had been to her son's at Newport-market—I did not authorise her to pawn them.
Cross-examined by MR. ROE. Q. How long have you known her A. Twelve months—she has pledged a bed for me.
nothing about them, and she would be d----d if she would go to the station-house—I found two duplicates on her, but not of these things.
(The prisoner received a good character.)
GUILTY. Aged 44.—Recommended to mercy — Confined One Month.
GUILTY . Aged 26.— Confined Four Months.
JOSEPH WILSON . I am a tobacconist, and live in South-street, Manchester-square. The prisoner was in my house as char-woman six or seven years—I missed money several times from my drawer—I marked fire shillings on the 27th of September, and put them into a drawer—1 took them up stairs at night, next morning put them in again, and left the drawer—when the prisoner had cleaned the room I went and counted them again, and found only four shillings—I called the prisoner, and said, "Where did you go when you went out?"—she said, "To have a drop of gin"—I said, "What did you pay?"—she said, "I had one shilling and one penny, and I paid the penny for it"—I said, "I should like to look at the shilling "—she gave it me, and it had the mark which I put on it—this is it.
Cross-examined by MR. DOANE. Q. Had you marked shillings on any other day? A. No—I am sure this is the shilling—there were no other persons in the house besides her.
(The prisoner received a good character.)
GUILTY. Aged 45.—Recommended to mercy by prosecutor.— Confined Six Months—Three Weeks Solitary.
ELIZA BOSWORTH . I was in the service of Mr. Charles Wood, he sells floor-cloth. On the 28th of September I was in the kitchen below the shop—I heard something, and saw the prisoner going from the shop with floor-cloth on his shoulder—I called a man out of the back shop—he ran and took him—this is the cloth, it is my master's.
WILLIAM CLIFTON . I am a carpenter, and work for Mr. Wood in Tottenham-street, Kingsland-road. I and my mate ran after the prisoner, and saw him in the field—I said I suspected him of stealing some floorcloth—he said I had no business with him—the floor-cloth was dropped in Love-lane, where he ran down.
Prisoner's Defence. I was going down the field—Clifton came and took me, and this young woman said she had some doubt whether I was the man—I was going towards the place where they said they found the floor-cloth.
GUILTY .* Aged 24.— Transported for Seven Years.
JOSEPH POLLOCK . About a quarter-past two o'clock in the afternoon of the 17th of October, I was in Cheapside—I observed some one near me, and I found my handkerchief was gone—I saw the prisoner about two yards from me with it in his hand—he ran off, and I followed—he dropped it, I took it up, and secured him.
Prisoner, I had my own handkerchief in my hand.
GUILTY . Aged 22.— Confined Three Months—One Week Solitary.
2721. WILLIAM KINNER was indicted for stealing, on the 20th February, 5 gallons of wine, value 7l.; 1 gallon of brandy, value 1l. 10s; 1 pint and a half of spruce, value 2s.; and 32 bottles, value 4s.; the goods of Richard Gardner.
MR. PHILLIPS conducted the Prosecution.
RICHARD GARDNER . On the 20th of February, 1834, the prisoner called at my house—I had seen him before—I am positive he is the person—he brought a man with him—he ordered a dozen of port, then a gallon of brandy, then some spruce, and half-a-dozen of champagne—while I was getting them from the cellar, the prisoner and the other man began packing them in the basket which he brought—the young man was taking them off—I said, "I can't go from my agreement," which was to to have the money there and then—the prisoner said, "Oh, I will pay you make out your bill," and he shook up his pockets—I proceeded to do so—the porter took the goods off—the prisoner stood in front of my place in conversation, and all on a sudden he went off, and I saw him Do more till the beginning of this month—I pointed him out in Guildhall—I have got none of my goods since.
Cross-examined by MR. BALLANTINE. Q. If you had got your money you would not have minded it A. If he had paid me there and then—I spoke to some men about it—I went to a police-office when the prisoner was brought up, the beginning of this month—I could not find him before then—he gave me a wrong address—he had not been introduced to me as a regular customer—Faircloth did not come to my house with him then—I had seen him with him before—the prisoner said Faircloth had been his wine-merchant, but as he had failed he would have his wine from me—I said, "I must have ready money"—the prisoner said the coach was waiting for them to take them to Lisson-grove, and said he was going to pay—when he shook up his money, the man went off—he could not take them at once nor twice—when I saw him going I said, "Halloo, how is this? I want my money"—I could have stopped the porter going, but my suspicions were lulled—I let him go, supposing the prisoner would pay me in ready money—I am certain they were all taken in one day there can be no mistake about that—I was making the entry in the book—I know of no bill being made out—I generally make out bills of ready money transactions, and receipt them—I believe I know my daughter's hand-writing—this bill—(looking at one)-is nothing like my daughters hand-writing—I do not believe it to be her writing at all—I have my
books here—I do not know the porter who took the goods—I think I should know him if I saw him—this man—(looking at George Cowdery)—is not the man—there was no other transaction between me and the prisoner in which wine was taken away—I entered this in the book at the time—I cannot tell how long the prisoner remained there that day—he did not lunch with me—he never lunched in the house, to my knowledge.
Witnesses for the Defence,
ELIZA MALCOLM . I am the wife of Joseph Malcolm, who keeps the Green Man public-house, in Berwick-street—I am the prosecutor's daughter. I left borne in April, 1834—before that I had been in the habit of making out his bills occasionally—I do not know this bill—(looking at it)—I do not think it is my writing—I will swear it is not mine—I said, I think it is not mine, because I think writing is a thing easily imitated—this is not a good imitation of my writing—I am sure it is not mine.
WILLIAM FAIRCLOTH . I live in Wormwood-street, Bishopsgate. In the beginning of 1834 I was acquainted with the prisoner—I was in the habit of meeting him occasionally—I met him at that time, and before that at the prosecutor's house—I have seen the prosecutor sitting in the same room, and in conversation with the prisoner and me—I remember hearing from the prosecutor of the prisoner having bought some wine of him I understood the prisoner had had some wine which he had not paid for, and he had also given a further order, which the prosecutor had not executed, as he had been to the address which the prisoner had given him, and in returning back by the omnibus he had heard something against his character, and had not executed the order, and he complained of being choused out of the first—I never recommended the prisoner to Mr. Gardner, and never lodged there—Mr. Gardon keeps the Three Tuns in Coleman-street.
MR. PHILLIPS. Q. It is a public-house, is it not? A. He calls it a tavern—I knew the prisoner twenty years ago—he was a wine-merchant—I do not know what he is now—I have lost sight of him—I am a winemerchant—I do not know what he is now—I have lost sight of him—I am a winemerchant, and live in Wormwood-street—if the prisoner has suggested that he was introduced by me that is not true—I was in Mr. Gardner's house with the prisoner—I did not introduce him in a way of business—I am not aware that I introduced him at all—I do not know the porter that was with the prisoner—I have met the prisoner about town the last four or five years—I do not know whether he knew where Mr. Gardner lived.
GEORGE COWDERY . I am a Fellowship porter, and was so 1834. I never saw the prisoner but twice—the first time was at the beginning of 1834 a person named Smith introduced me to him—he desired me to come to him at the Three Tuns public-house, to fetch some wine or something in bottles, to take it to Shepperton-street, New North Road—I took some on two occasions there for the prisoner—on those occasions I saw the prisoner at Mr. Gardner's—once he was in the parlour, and once in the front of the bar he wrote me directions where the wine was to go—I do not know what became of those directions—I left them with the wine—on the first occasion took a dozen of wine, and on the second, a dozen in a small hamper, and I think some more in a parcel—I do not know that the prisoner assisted on either occasion in packing the wine—Mr. Gardner was behind the bar on both occasions—he did not ask me any questions—he must have seen me pass with the wine, I think—I did not run—I walked away—on the last occasion I saw the prisoner in the parlour—I suppose he was taking a
lunch—there was another person sitting there—I took the goods on the last occasion to Shepperton-street, and left them—a female at the house paid me for the porterage.
MR. PHILLIPS. Q. Who desired you to go there? A. The prisoner gave me the direction—I am sure of that—to the best of my recollection it was Shepperton-place—I do not recollect particularly—it was on the address—that was where I left the goods—I saw a female there—I did not say any thing to her particularly—I told her I brought this from Mr. Kinner—I did not know where he lived—I never knew any thing of him before—Mr. Smith, who used the Cock and Bottle public-house, asked me if I wanted a job, and I went and saw the prisoner—I did not stay there ten minutes—I cannot tell in what month it was—it must have been in the winter time—I never heard of the prisoner being taken up till last week, when I heard it from Mrs. Smith, when I met her in Whitechapel-road—I did not inquire for Smith—I know nothing of him only by seeing him—I live in Oxford-street, Mile End—I did not go with the prisoner to Mr. Gardner's—I found him there—I asked for Mr. Kinner and I saw him—he told me he wanted me to carry some wine for him—he told me on the first occasion that he should want me in a day or two again—there were only a few days in the interval—he told me he should want me to take some wine for him—that was what he told me to the best of my belief—I did not see the hamper packed—I do not know who took the things to the hamper—I cannot recollect where it was placed—I did not see any thing put into it—I put it in front of the bar, and Mr. Kinner gave it me afterwards—on the first occasion there was a dozen basket, and a stone bottle sealed up—I cannot tell what was in it, and on the second occasion, a basket with a dozen of wine and a little hamper—I am sure the address he gave me was not Lisson Grove—I was not near Lisson Grove—there was no one with me on either occasion.
MR. CLARKSON. Q. Are you sure you went to Mr. Gardner's house on two occasions? A. Yes, and it was on the second occasion I got the champagne.
BENJAMIN MURRAY HART . I remember in 1834, being at Mr. Gardner's house with the prisoner—I cannot tell the month—it was in the early part of the year—I know it was cold weather—I took lunch with the prisoner in the coffee-room—I remember a man coming for some wine—I do not know whether it was the last witness or not—the prisoner did not follow the man who took it—he remained with me above an hour after the man went—we had a bottle of sherry together—the prisoner paid for the lunch—I saw Mr. Gardner give a bill of parcels to the prisoner—I could not identify the bill—I remember Mr. Gardner saying" This is a memorandum of the goods that are just gone away."
GUILTY . Aged 45.— Confined One Year.
OLD COURT—Wednesday, October 23rd, 1839.
Third Jury, before Mr. Sergeant Arabin,
GUILTY . Aged 26.— Transported for Seven Years.
2723. ELLEN MILES, alias Smith, alias Jackson, was indicted for feloniously and knowingly uttering counterfeit coin, having been previously convicted of uttering counterfeit coin; to which she pleaded
GUILTY . Aged 12.— Transported for Seven Years.
2724. THOMAS ALLAN and JOHN FITZROY, alias Flinn , were indicted for burglariously breaking and entering the dwelling-house of John May, about the hour of twelve in the night of the 23rd of September, it Harmondsworth, with intent to steal, and stealing therein, 3 gowns, value 13s.; 5 frocks, value 5s.; 7 shirts, value 10s.; 2 sheets, value 5s.; 4 bedgowns, value 5s.; 4 pinafores, value 2s.; 3 caps, value 3.; 1 shawl, value 8s.; 1 pillow, value 5s.; and 2 pillow-cases, value 2s. his property; to which
ALLAN pleaded GUILTY . Aged 18.
FITZROY pleaded GUILTY . Aged 32.
Transported for Fifteen years.
GUILTY . Aged 18.—
(Property produced and sworn to.)
GUILTY . Aged 34.— Transported for Seven Years.
THOMAS AXTEN . I am a shoemaker, and live in Little Gray's Inn-lane. I missed this pair of clogs on the evening of the 24th of September, and found them next morning on a stall exposed for sale, in Leather-lane—these are them—(looking at them.)
JOHN MARTIN . I am a Smith out of employ, and keep a stall in Leather-lane. I have known the prisoner five or six months—he brought these clogs to me about half-past nine o'clock in the evening of the 24th of September, and said" I have had a pair of clogs given to me, and they are no use to me"—I said" They are no use to me"—he said he was hungry, and I gave him 4d. for them—directly this was known, I went Wore a Magistrate, and apprehended the prisoner.
GUILTY . Aged 14.— Confined Six Days and Whipped.
Before Mr. Justice Bosanquet..
2728. ROBERT HEDGES was indicted for unlawfully, maliciously, and feloniously assaulting James Piper, on the 16th of April, 1838, and cutting and wounding him on his head, with intent to maim and disable him.—2nd COUNT, to do him some grievous bodily harm.
MR. PHILLIPS conducted the Prosecution.
JACOB ROBERTS . I am a constable of Hanworth. I went by direction on the 16th of April, 1838, to prevent a cock-fight—there was a great crowd—Piper, a constable, accompanied me—he is dead since, I understand—I saw the prisoner when we entered a little garden adjoining the cock-pit—he was coming from the house close by, with a stick in his hand, about three feet long—he came up behind Piper in a deliberate manner, and struck him on the back of the head with the stick, and knocked him down with a blow sufficient to knock a bullock down—he made his escape, and was not taken till lately—there were about two hundred people at the cockfight—I and the officers were assaulted by different people—there was myself, the head borough of the parish, and three of the constables of the Society for the Prevention of Cruelty to Animals.
GUILTY of an Assault only. Aged 36.— Confined Three Months.
JACOB ROBERTS . After the prisoner knocked Piper down, he made up to Willey, who was standing two or three yards from him, and hit him a violent blow with the same stick—after that there was a general fight—I am quite certain of the prisoner.
Cross-examined by MR. CLARKSON. Q. Had there been a row and fighting before this? A. I believe there had, at the Swan public-house, but I did not see that—a man named Dean was engaged in this—he is something in the coach line.
JOSEPH WILLEY . I am a constable employed by the Society. I went to Hanworth—when I went into the garden I saw the prisoner strike Piper first with a large, white, thin stick, about three feet long—as soon as he had done that I was engaged with an officer on the right hand, and was down on the ground, with three or four others, and he came and struck me on the head with the stick, and laid it open three or four inches—as I rose up he struck me a second blow across the other cut—I was attended by a surgeon.
GUILTY of an Assault only.— Confined Three Months more.
Before Mr. Baron Maule.
THE HON. MR. SCARLETT and MR. BODKIN conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant solicitor to her Majesty's Mint. I produce a copy of the record of the conviction of Edward Memory, with another, for uttering counterfeit silver, in this Court, in April, 1836—I have examined it with the original record—it is a true copy—(read.)
the 30th of September, for two penny-worth of gin—I served him—he put down a shilling—I took it up, put it into the till, gave him change, and he went away—there were two fourpenny-pieces in the till, but I am quite sure there was no other shilling—I went to the till about an hour afterwards, and found the shilling there, but no other—I took it out, and sent it for some butter, by Thomas, the potman—he brought it back, and I sent it up stairs by Mrs. Sharp—on the 7th of October the prisoner came again for half a quartern of rum, which came to 2 1/2 d.—I knew him the again—I gave him the rum, and he put down a shilling, which I took up, put it between my teeth, and it bent—I then went into the tap-room, gave it to the potman, and sent him for a policeman, who came and took him—I saw the shilling given to him by Thomas, and I gave the policeman the first shilling my self—I took it out of the farthing drawer—it was sealed up in paper there Mr. James, my uncle, had done that.
SPENCER SELDEN . I am potman at the Bell public-house. On the 30th of September Porter gave me a shilling—I went for some butter, and the shopman refused it—I took it back, and gave it to Porter—on the 7th of October I saw the prisoner at the bar—he laid down a shilling on the counter Porter took it up, and brought it to me—I bent it between my teeth—I kept it till I gave it to the policeman—I am called" Thomas" in the house.
WILLIAM WARDLOW . I am a policeman. I took the prisoner on the 7th of October at the Bell public-house—I received a counterfeit shilling Porter, sealed up in paper, and the other from Spencer—I produce same shillings.
Prisoner's Defence. I went there for the rum, but I do not recollect being there for six months before.
GUILTY . Aged 26.— Transported for Seven Years.
Before Mr. Justice Bosanquet..
2731. WILLIAM LOVELL and JOHN CHAPMAN, alias Palmer , were indicted for stealing, on the 14th of September, at St. Nicholas Acons, 1 cash-box, value 5s.; 4 sovereigns, 16 half-crowns, 20 shillings, 40 sixpences; 1 10l. and 1 5l. Bank notes; 1 order for the payment of 10l., and 1 order for the payment of 7l. 15s. 6d.; the goods, monies, and property of Thomas Thompson and another, in their dwelling-house.
MR. BODKIN conducted the Prosecution.
ROBERT BOWIE . I am shopman to Thomas Thompson and Mr. King, tea dealers and grocers, in King William-street, City. On Saturday evening, the 14th of September, I was serving in the shop—two gentlemen came in together about eight o'clock, for some tea—the prisoner Chapman is one of them—they whispered to each other in the shop—I should know the other man if I him—he is not in custody—each had a Macintosh cape on, buttoned up close to the chest, and reaching down to their knees—we were pretty busy at the time, but not very busy—Chapman asked for half-a-pound of tea—the other one first asked for half-a-pound, and after I served
him he went out—Chapman remained, and I served him with half-a-pound of black and green tea. and two pounds of lump sugar, for which he paid me a 5l. note—he remained about three minutes after the other one had gone out—while they were both in the shop I saw a person rise up from behind the counter—I saw the man's hat, that is all—about a moment after, while I was serving, a butcher's boy put his head in at the door, and said Somebody had, stolen something—I looked round the counter where the cash-box was kept, and it was missing—I ran round the counter, but did not leave the shop—about ten o'clock the same evening, a little boy brought a brown paper bag sealed up, and directed—I opened it, and found it contained the cash-box broken open—no notes or cheques were left in it, but a few papers, called weigh-notes—on Monday morning, in consequence of information, I went to the Bank of England, soon after nine o'clock—I there found a boy named Reeve—some money was given to him folded up in paper—he left the Bank, and I followed him to the Globe public house in Moorgate—the person I expected to see, was not there—I went into the Globe and had a glass of ale—after I came out, I stood at the corner of the street, and while there I noticed the prisoner Lovell, who had a Macintosh cape on, buttoned up to his chin—he was standing again the undertakers, looking anxiously about him—that was about one hundred yards from the Globe—the moment he saw me he walked off towards Cheapside—I went after him, overtook him, and asked him if he had not sent a boy with some cheques to the Bank of England—he said" Me, Sir? no Sir, I have not sent any body"—I asked him to come back with me, which he did—he said he was sure I was mistaken, that he was living with his uncle in Worship-street, a chemist and druggist, and all persons ten liable to be mistaken—he was very much confused indeed—I took him to the Globe, where the boy was—he still had his Macintosh on—the boy had previously given a description of the dress and appearance of the person who sent him with the cheques—on seeing him, the boy at first said he did not think he was the person—I then went with the prisoner to his uncle's in Worship-street—I found it was an oil-shop—his uncle said he did not live there, that he had called there on the Saturday, but he was not at home—the boy afterwards came there, and the prisoner's Macintosh was taken off—it was a long cape, and came down below his knees-the boy saw him without the cape, and then said that was the man who had given him the cheques, from his dress—he had a frock-coat on, and drab trowsers, which Corresponded exactly with the description of the dress which the boy had given before—Lovell wanted to go away from his uncle's—he said he was not to be detained, for he had got to go to the City-road, and that he had just come from Birmingham, he was sure I sure I must be mistaken—I gave him in charge.
Cross-examined by MR. PHILLIPS. Q. What time was it the persons came to deal at your shop? A. As near eight o'clock as possible it was after dusk—we have a good deal of custom—I do not think there were more than two other persons in the shop—only me and another shopman, and Mr. Thompson, serve behind the counter—we keep porters—the shopman is not here—I had never seen Chapman before was not very busy at the time—we were busy all the evening, but I was not particularly busy—I was serving customers—I had just served one who had gone out—I was very busy.
Cross-examined by MR. CLARKSON. Q. Before Lovell told you he lived
at his uncle's in Worship-street, had you not asked him for a reference? No—I said "If you are an honest person you will not object to tell where you were on Saturday night"—I asked him to refer me to somebody who knew him, and he referred me to his uncle—the boy said he like the person in appearance and dress.
THOMAS THOMPSON . I am in partnership with Mr. King, in King William-street, and live in the house with my family and all the young We hold the house jointly—I remember the loss of the cash-box—it contained tea warrants, two cheques, one of 10l., and one of 7l. 15s. 6d., both on the Bank of England, a 10l. note, a 5l. note, and gold and silver amounting to 8l. and upwards—a parcel was brought to the house that evening, containing the cash-box, broken open—all the papers remained in it, but the cash and notes were gone—I gave notice to the Bank to stop the cheques, and received them from the Bank on the Monday morning.
Cross-examined by MR. CLARKSON. Q. How many partners have you? one but Mr. King—I sleep in the house—Mr. King does not, nor any of his family—the two shopmen sleep in the house—there is a private door to the dwelling-house, but you can get from the shop to the house without going out.
JOHN SEWELL . I am in the employ of Mr. Austin, a butcher, in St. John-street-road. On Saturday evening, the 14th of September, I was going to Mr. Black's, a customer of master's, in Lawrence Pountney-lane about a quarter past eight o'clock—I passed by the prosecutor's shop, and saw two gentlemen—I knocked up against one of them with my tray, by accident—one was dressed in a Macintosh, and the other in a surtout coat-one of them spoke to me—in about two-or three minutes I was returning from Mr. Black's, and saw the one with the Macintosh on at Mr. Thompson's shop—I could not swear it was one of those I had run against he was standing with his arms at his side at the door, and I saw the legs of another man, crawling into the shop on his knees—I went on the other side and looked, and saw the one on his knees take a tin box off a shelf and give it to the one in the Macintosh—I went in, and told what I had seen—Lovell is the man in the Macintosh who received the box from the man that crawled in.
Cross-examined by MR. CLARKSON. Q. Why were you not before the Magistrate? A. I did not know they were apprehended before my mistress saw it in the paper—I gave my evidence to the inspector—I had never seen Lovell before—I thought a robbery was being committed when I saw them take the box—I saw no policeman—I did not look for any—I had my tray on my shoulder, but nothing in it—the men ran away so quick I could not catch hold of them—I did not think it was a robbery at first—I thought they were at play at first, till I saw the box taken—I got ut into the road, in case they should knock my tray through the window I saw no persons passing—the men went down Nicholas-lane together—I did not see more than two—they ran away, and I went into the shop directly—there were eight or nine customers in the shop at the time, besides the shopmen.
FREDERICK REEVE . I am fourteen years old, and live in Craven-street, city-road. On Monday, the 16th of September, a little before ten o'clock in the 1 morning, I was at the come of Fore-street, when the prisoner Lovell spoke to me, and asked me if I could go on an errand for him to the Bank,
and he would give me 1s.—I agreed to do so—he gave me two cheques to take—I was to come to him at the corner of Fore-street, at Mr. Lacey's. at the Globe public-house, where I was to meet him—he said he was waiting there for the Hampstead coach, and I was to make haste—I took the cheques to the Bank—they did not give me the money—I told them how I got them—some halfpence were given me in a paper, and I left the Bank, followed by Mr. Bowie—I went to the Globe, but did not find Lovell there—Bowie brought him to me not long after—I had not given a description of the person before that—not till he was going to his uncle's—it was before the Macintosh was taken off—he is the man that sent me with the cheques.
Cross-examined by MR. CLARKSON. Q. I believe, when you first go to the Globe you saw several people there? A. Yes, a good many standing about—I did not see a man with a Macintosh on—he did not have a Macintosh on when he gave me the cheques—the first time I saw him after he gave me the cheques was when Bowie brought him up to me—he had a Macintosh on then, and I said he was not the man—I said he was the man after I went to his uncle's, and the Macintosh was off—I did not say he was like the man by his dress—I said he was the man when he had the cloak off—I said he was like the person in appearance and dress that was all I said.
Q. What were you doing that morning? A. Going on an errand for my master, Mr. French, a watchmaker, in Cornhill—I was going to Taber nacle-square—Fore-street was in my way—it is not far from the Bank, you can see the Bank from the corner—Bowie did not tell me Lovell was the man when he produced him to me—he asked me if he was the man, and I said he was not, because he did not have a Macintosh on when he gave me the cheques—I looked at his face—I did not look at him to ascertain whether he was the man before I answered—I said I did not think he was the man because he had a Mackintosh on—I looked at his face, and he was dark as the one who gave me the cheques—Bowie did not say any thing to me on our way to the prisoner's uncle's—be told me I should see him when I got to his uncle's—I do not remember his saying I should be able to recognize him when I got there—I will not swear he did not say so, but I do not remember any thing of the sort.
MR. BODKIN. Q. Did you say he was like the man in person and dress, before the cloak was taken off, or after? A. When the cloak was taken off—I said he was short and dark—I said I believed he was the man, from his appearance and dress.
COURT. Q. Did you tell Bowie there was any thing you knew him by besides his appearance and dress? A. Yes, I knew him by his trowsers and frock-coat, and by his voice—the man who gave me the cheques had a frock-coat and light trowsers, and Lovell was dressed the same when his cloak was taken off.
EDWARD BLACKFORD (police-constable G 70.) I took Lovell into custody at an oil-shop in Worship-street—searched him, and found a gold watch, a mourning ring, a Macintosh, a 5l. Bank of England note, and about 13s. in silver.
JOHN ROBINSON . I am a police-inspector of the G division. I was at the station-house when Lovell was brought in custody, on the 16th of September—a person came there, who called himself his uncle-Lovell said to him" Go over to Mr. West's, in the Borough, and remind him that I was
at his house on Saturday night last, between seven and half-past eight o'clock"—I said to the prisoner" What does that signify?"—he said" Mr. West will be able to prove, that when I committed the robbery I was at his house"—I said" How could you commit the robbery when you were at his house?"—he said" Never mind, he will be able to prove, that when I committed the robbery I was at his house"—I made a similar observation, and he repeated the same thing—this was perhaps half an hour after he was brought to the station-house—Mr. Thompson had stated the circumstances of the robbery to me in his presence.
Cross-examined by MR. CLARKSON. Q. Was the person calling himself his uncle the person who keeps the oil-shop in Worship-street? A. I believe so—he represented himself as living in Worship-street—the 5l. note has been in my possession ever since—I made inquiry about it, but could get no information.
HENRY HILL . I am porter at Slee and Pike's wine-vaults, in High-street, Borough. On Saturday night, the 14th of September, I was at that house, between nine and ten o'clock, and saw the prisoner Chapman there—I know a boy named Critchfield, by seeing him here—I saw him standing outside, on the step of the door that night—Chapman came to me, and got two sixpences for a shilling, and I heard him tell the boy to stand there—I did not hear him say any thing more to the boy—Chapman had a Macintosh cape on—he was at our house twice that night—he did not stay more than five minutes altogether—he came in and went out again, and when he came back again I gave him the change.
Cross-examined by MR. PHILLIPS. Q. Did the person go into the parlour? A. No, there is no parlour, he came to the bar—I served him myself—there was a barman there, two or three yards from Chapman—he is not here—there were several persons being served at the time—there might be from half a dozen to a dozen—I cannot say whether they were old customers—I had served some of them—I had never seen Chapman before, to my recollection—he had the Macintosh right round him—it covered the collar of his coat, and the collar was up, but not fastened in front—I could not see his cravat—the Macintosh was fastened in front, but not buttoned round the chin—I did not notice the cravat.
MR. BODKIN. Q. Had you lights in your place? A. Yes, four gaslights—I saw him over the counter—I did not take notice of his features more than other persons—I have no doubt at all about him.
THOMAS GEORGE CRITCHFIELD . I live in Vine-court. On Saturday night, the 14th of September, I was in High-street, Borough, standing leaning against the door of Slee and Pike's wine-vaults—the prisoner Chapman spoke to me—he had a Macintosh cape on—he asked me if I was going over the bridge—I told him yes—he asked if I knew King William-street—I said yes—he asked me which side of the way it was on—I told him the left-hand side—he told me if I would take a parcel for him he would give me 6d.—he gave me a parcel—I agreed to take it, and he gave me 6d.—he went inside the wine-vaults, and told me to stop outside, as he was going to get change—I was going in with him—he told me to stop out, which I did, and he brought me out a 6d.—there was a gas-light at the next house, and one on each side, which lighted the place where we were—he told me to take the parcel and ask if there was any answer, and to come back to Slee and Pike's and tell him, and asked how long I should be gone—I said I should not be long—I went
to King William-street, and could not find the place—I returned to Slice and Pike's, but Chapman was not there—I went directed there and back—I went again to King William-street, and found the prosecutor's shop, and left the parcel there—I am sure Chapman is the person who sent me.
Cross-examined by MR. PHILLIPS. Q. How often have you been desired to look at that man? A. Three or four times—once by Alderman Kelly, once by Sir Peter Laurie, and by Inspector Robinson—I have never seen Robinson at my mother's house, nor ever spoke to him there about this—I went to Guildhall by myself—mother told me to go, because they had been inquiring after me—I saw Robinson at Guildhall.
Q. Did he tell you, you were called there to identify a man who had spoken to you in the Borough, and he would have a Macintosh on? A. He did not ell me he would have Macintosh on—he said was to look at the man—he asked me if he had a Macintosh on there ware two old man and the prisoner had Micintosh on neither of the old man cell to me—he asked me in the cell—the turnkey pointed out the had—one of them had a great coat on, I believe—I had never seen the person before who spoke to me in the Borough—he had the Macintosh buttoned up under his chin, and the two ends of the collar up—it just came up a little to his chin—it stood up a little—it might be about three or four minutes from the time he first spoke to me till I went away—I was not standing long outside waiting for him, only while he got change,—my mother is here—nobody brought—she was coming this way, and thought she might as well come.
JAMES BRANNAN (police-sergeant G 20) On Monday, the 16th of September, I accompanied Bowie into the brought, between four and five o'clock in the afternoon—he pointed out Chapman to me—he was coming towards us at some distance—I took him into custody by Bowie's direction—told him he must consider himself to that he had on now—nothing else—I and asked if he was in King William-street on Saturday night—he said, "No"—he told Mr. Bowie, if he wanted to know any thing about him, he lived at No. 3, Palmer-terrace, at the back—he did not explain what neighbourhood—I took him to the station-house, searched him, and found these two pocket-books on him—here are some cards with "W. J. Lovell and Son, lock manufacturers, Chard-street, Birmingham," on them—I saw Lovell the same evening, and showed him the cards in the pocket-book—he said they were his, and asked a pencil-case.
MR. THOMPSON re-examined. The cash-box was kept under the counter on a shelf.
LOVELL— GUILTY . Aged 19.
CHAPMAN— GUILTY . Aged 27.
Transported for Fifteen Years .
Before Mr. Baron Gurney.
2732. HENRY GILSON was indicted for feloniously assaulting John Gilbert, on the 1st of October, and cutting and wounding him on his head, with intent to main and disable him.—2nd COUNT, stating his intent to be to do him some grievous doily harm.
MR. BALLANTINE conducted the Prosecution.
the 1st of October, about half-past ten o'clock in the morning, I was working in master's garden, and saw some boys in an adjoining field belonging to my master—I went up to the top of our field, and said, What did you do over in this field?"—they said, We were not over in your field"—I said, "It is false; you pushed the gate open, I saw one of you in the field but I don't know which it was"—one of them was very saucy to me, and I got over the fence, and got hold of him—he threw himself down, and I bent down with him to pull him towards the fence—as soon as I did to, the prisoner, who stood by at the time, said, "If you don't let him go I will do for you"—he then up with the weapon whatever he had, and cut me across the head—I cannot say what instrument it was—my eyesight was taken away—I tried to get at him, but he jumped back—he was going to strike me again, but I held my hands up, and fended the blow—I directly turned over in a kind of misty and staggering way, and the blood began to run—I could not work for three days, I was so giddy—my head was cut about two inches—Mr. Rees, a surgeon, saw me.
COURT. Q. Before he struck you had you struck him? A. I never held up a hand against him in any other way than to defend myself after I was struck.
ISAAC BENNETT . I am a labourer, and live at West Ham. On the morning of the 1st of October I was at work with some others, about a quarter of a mile from Mr. Harris's, and saw four young lads come by—the prisoner was one—he had an instrument which appeared like a crowbar, but whether it was or not I cannot say—about an hour afterwards I saw them come back again, running as hard as they could—the prisoner had the same thing in his hand—I said, "What have you been up to now?"—he said, "Nothing but skylarking"—a very few minutes after Gilbert came up, hallooing "Stop them, stop them"—his head was bleeding very much.
WILLIAM HOGG (police-constable P 2.) I took the prisoner into custody on the 15th of October—I told him I had a warrant against him for assaulting John Gilbert—he said he only struck him in his own defence with a piece of iron hoop.
JOSEPH REES . I am a surgeon, and live at Stratford. I examined Gilbert on the 1st of October—there was a wound in the upper part of the head about two inches in length, which seemed to be inflicted by a blunt instrument—I do not think an iron hoop would be heavy enough to do it—I found him very weak from loss of blood—he was not in a condition to work for three or four days.
Prisoner's Defence. I was coming across the fields, and met with these three lads—we went to the corner of the field—Gilbert spoke to one, and he said Eh" once or twice, as he was rather hard of hearing—he instantly caught hold of him—I asked what he was going to do with him, and directly I spoke he swung his arm round, and caught me in the eye, and I then struck him with the hoop.
GUILTY. Aged 18.—Of an Assault only.— Confined Six Months.
Fourth Jury, before Mr. Recorder
2733. JOHN MILLER was indicted for unlawfully, maliciously, and feloniously assaulting Phoebe Miller, on the 22nd of September, and cutting and wounding her upon her left shoulder, with intent to do her some grievous bodily harm.
PHOEBE MILLER . I am the prisoner's wife, and live in Boston-street Hackney—he is a bricklayer—I have been married to him sixteen year, We had a few friends to take refreshment at our lodging on the anniversary of our wedding-day, and I became intoxicated—the prisoner was not quite Sober—he went out with my friends on their way home, and then returned—I called him very bad names, which irritated him—I was in fault, and I thought that would hide it—was not much intoxicated when be went out as when returned—I had been drinking in company with Robert Bentley, who works with my husband—when the prisoner came home be found Bentley upstairs in the bed room—I began to call my husband bad names, as I thought it would prevent his seeing the person—I got up and struck my husband, and he hit me, I think with his hand—I did not know that I was wounded till long after the words were over—I do not know how it was done, nor who did it—I was undressed when he came home—he had been absent more than an hour, but I was in that state, I cannot tell the time—a better husband could never be than he was—he did not do any thing to the man—I believe he saw him—I found my arm was bleeding after some time—I neither knew how or when it was done, or who did it—I never had any pain from it, nor has it been any hinderance to me—when I went into the House of Correction the doctor looked at it, and said it was nothing—the knife that was produced at Worship-street was turned up against the bone of my shoulder as the doctor thought, but it was turned up with cutting a leaden bob which he does his work with, some time before.
Cross-examined by MR. PHILLIPS. Q. Was not the prisoner struggling to get at the man? A. Yes, I believe he was—the man was in bed with me—the room was in darkness—he made every exertion to get at the man who was in bed with me—I did all I could to prevent him—he might have intended to hit the man with the knife, and not me.
NATHANIEL M'COLE . I am a policeman. Between eleven and twelve o'clock at night, on the 22nd of September, I saw four or fire person come out of the prisoner's house—the prisoner followed behind them—I saw him return in ten or fifteen minutes—it was not an hour—I heard a quarrelling in the house—he was calling his wife a waste and she was calling him a drunken scoundrel—this continued until three o'clock in the morning, when I heard the cry of "Police," "Murder"—I ran to the place and looking up at the bed-room window saw the blood streaming down from it—I tried to burst the door open, but it was bolted inside the prisoner I believe opened it—I found his right arm covered with blood I said, "What have you done? what is the matter?"—he said, "I have killed my wife"—he "said he had found a man in bed with her, and he had stabbed her—the woman said, "I am murdered "—I found the prisoner had no knife in his hand—I sprang my rattle for assistance, sent for a doctor, and in a box I found a common white-handled knife I said to the prisoner, "Is that the knife?"—he said, "No, it was my own clasp-knife that I took out of my pocket, and did it with "—I asked the woman where the knife was—she said he had thrown it behind the bed I at last found it on the floor, and the prisoner said, "That is the knife—I have got the woman's bed-gown—here are two cuts towards the last shoulder—there are spots of blood on the knife, and the point of the blade
is a little bent—the prisoner had been excited with liquor, and was rather tipsy but knew what he was doing-—in going to the station-house he said he was sorry he did not kill her, he intended to do so—I told him to hold his tongue, I did not wish to give evidence against him—he said the law was good, and he had a right to do it as he found a man in bed with her.
Cross-examined. Q. Was a candle afterwards brought up? A. Yes by a neighbour, not by the prisoner.
JOHN CHAMBERS . I am a surgeon, but not a member of the College of Surgeons. I live in Trafalgar-place East, Hackney-road—between three and four o'clock on the morning in question I was called on to attend the prosecutrix in bed—she was in an excited state, and bleeding at the left shoulder, where I found two wounds—one was more than an inch deep, and nearly half an inch wide—they were rather dangerous—I probed them, and it is my opinion one of them reached the bone—the knife produced would inflict such wounds—the point would be, bent by coming in contact with the shoulder-bone.
Cross-examined. Q. Did you observe the woman's nose? A. It was not bleeding when I visited her—I examined it—I do not know whether she had been washed before I came—I attended her for two days, then he was committed to Clerkenwell prison, and the surgeon there attended her—she was at the police-office—I do not know whether she walked there.
GUILTY. Aged 40.—Recommended to mercy, on account of the provocation received .— Confined Three Months.
2734. EMANUEL NETTLEFIELD was indicted for unlawfully, maliciously, and feloniously assaulting Rebecca Nettlefield, on the 19th of September, and cutting and wounding her in and upon the head, right eye, and right eyebrow, with intent to murder her. 2nd COUNT, stating his intent to be, to maim and disable her. 3rd COUNT, stating his intent to be, to do her some grievous bodily harm.
REBECCA NETTLEFIELD . I am eleven years old, and live in Gloucester-street with the prisoner who is my father. My mother has been dead two months—I have two sisters younger than myself—since my mother's death, may father has ill used me—he has come home intoxicated—I have attempt to escape out of the window, but he was not aware of that—I recollect his coming home about ten o'clock, one Thursday night, in September—I do not now the date—he went to bed in the back room, first floor—I slept on the same floor with my sisters—after I had been in bed two or three hours, my father came into the room (I went to bed almost directly after he came home) he said "You b----, where is ray money?"—I had not got any of his money—I had laid it out for bread, tea and sugar, and I told him so—he had sent me—he dragged me out of bed by the hair of my head, swung me round the room, and struck my temple against the bedstead post—he then dashed me on to the ground, and jumped upon my stomach with his feet—when he swung me round the room, I fell against the bed-post, and my temple was cut—it was rather a deep cut—he did it on purpose—I got under the bed when he let go of me, and he pulled me out again by the hair of my head he pulled my hair out by the roots—he was not drunk at this time—he was drunk when he came home, but when he came up to me, he was quite sober—when he pulled me out, he struck my head
against the wall, threw me on the floor, and jumped on me—he hurt on my stomach—he kicked me, and said he would kill me I tried to scream out, but I did not scream—I asked him to let me fetch my breath—he let go of me, and I ran down stairs-the policeman was standing against the door, and he took me under his protection—I believed my father was running down stairs after me-one of my sisters opened the door while this was going on, which enabled me to get out—I was taken to the neighbour's house afterwards to the station-house, and then to the were house—I remained there a week—I was ill for a week in consequence.
Cross-examined by MR. PAYNE. Q. Had you done anything to provoke him to do this? A. No-my father has behaved very different since my mothers death to what he did before-my mother died in died birth—my father generally behaved kindly to my two sisters—he was not in distressed circumstances at this time—there was plenty to eat and died sometimes—he got his living by going about getting hogsheads and tubs to sell—he was formerly a cheesemonger—he is not so now—I had spent the shilling in housekeeping.
ELIZABETH RUSSELL . I am the wife of William Russell, and lives Gloucester-street, Curtain-road-the prisoner lived next door to me with his three children. About one o'clock in the morning of the 19th of September I was awoke by the screams of the children—I heard the prosecutrix's father beating her—I heard a fall and a blow—I got up and opened I window, and asked a man who was passing to knock at the prisoner's. door—a policeman was sent for—he knocked at the door-a young child opened it, and Rebecca ran out—I took hold of her, and took hold of. our house—she was in her night dress which was covered with blood had a cut over her right temple, her head was cut in places, and bleeding—part of her head was bald from the hair being torn off—she was crying, and complained of a blow at the bottom of her belly, which made her stoop very much—she could not stand upright at all—there was a mark at the bottom of her belly.
Cross-examined. Q. How long have you known the prisoner? A About seven months—I was with his wife when she died—I haw seen him since as a neighbour—he seemed a humane man before her death, so far as I knew of him.
THOMAS LILLY (police-constable G 222.) I was on duty in Certain-road on the 19th of September—I heard a child screaming at No. 10 Gloucester-street—I knocked at the door—the prosecutrix's sister opened it, and she ran out in her night-dress, which was all in a gore of bloodblood came from her mouth and nose, and there were several wounds about her head—the prisoner shut the door—I went back, and desired him to open it—he said he would not—I asked him for the child's clothes—he said he would not give them to me, that the child was safe enough in Mrs. Russell's house—I asked him again to open the door—he said he would not, and if I entered the door he would break my head, and be let a great dog loose—I left the house, and afterwards returned with three constables, opened the door, and took him into custody—on searching the bed-room I found quite a handful of hair on the bed-post, which appears to be the hair of the child's head, and blood on the post, and on the floor—the prisoner was sober.
Cross-examined. Q. Did not he seem very much excited? A. He
seemed quite astonished when I went into the room, and was quite willing to go with me then.
DAVID CORSTOPHAN . I am an inspector of the G division. About half-past one o'clock on the morning of the 19th of September I was at the station-house, in Featherstone-street, when the prosecutrix was brought there—her face was covered with blood, she had a cut over the right eye, and two cuts on the left side of her head—her arms were bruised, and there were several bruises on her back—the back part of the head was completely bald, as if the hair had been dragged out—she complained of pain in her belly, and kept leaning on one side—she was unable to sit up—I sent for a doctor, and had her wounds dressed—she was then sent to St. Luke's workhouse—next day I examined the room, and, for between two and three feet square the floor was smeared with blood, and there was blood on heed-post—the prisoner said he had not touched her at all—that she had injured herself by getting under the bed to get away from him—I asked what could account for her trying to get from him—he said he did not know, she was a very good girl, and a mother to the other children, and he never touched her, and never would touch her.
JOHN PEMBERTON . I am a medical student. I examined the child at the station-house—her face, back, and shoulder were completely covered with blood, which proceeded from two contused wounds over the left temple, and one on the right eyebrow—her body was covered with bruises, her back, stomach, legs, and arms, and there was a bruise on the groin, which might be produced by a kick—she exhibited marks of considerable violence.
Cross-examined. Q. I believe the only wounds were on the head? A. No, there were bruises on different parts of the body.
(The prisoner received a good character for humanity.)
GUILTY of an aggravated Assault. Aged 35.— Confined Three Years.
GEORGE MATHER ANDREWS . I am a labourer, and live at the Hive in Middlesex. On the 13th of October, about half-past five o'clock in the evening, I saw the prisoner on a mare, which I knew to be my uncle's, George Mather—he was not a quarter of a mile from Mather's—I had seen the mare in his field on Saturday night—I asked where he was going—he said about two miles on the road—I took him to custody—he had a blind on the marc, and a handkerchief on the top, and no saddle nor bridle—he did not live in the neighbourhood—he said came from Hastings.
Prisoner. I hired the horse. Witness. He said he hired it of a man down the road, in a flannel jacket, but where he could not tell.
RICHARD ANDREWS . I am a constable of Kingsbury. I was in the village, and met my son and the prisoner coming along—he said he had caught him on a mare, and I took him in to custody—he had a pitchfork his hand—I know the mare, it belongs to George Mather—he does not let it out—he is a farmer.
Prisoner. I hired her of two old men with flannel jackets on. Witness he was the King, that he had married the Queen, and had a right to take a horse wherever he liked, out of any body's field—he said he had come from Hastings' Union.
Prisoner I am king of this country. Witness There were the marks of the Union on his clothes—I really do not think he is in his senses I told the committing Magistrate so, but he said there was so much trickery in horse-stealing, that he might have men concerned with him who got him to steal it, and then would take it away, when it got two three miles.
Prisoner. I gave a man a sovereign for the use of it for two hours-joe Mansell is the man who paid the sovereign for Mr. Witness. He gave the same story when I took him—I found nothing hut a handkerchief in his pocket—the pitchfork belonged to a man in the neighbourhood who the prisoner had worked for three days—the horse had a blind on in the field, as it was in the habit of breaking out—I thought him not right his mind, as T thought it a wild thing to steal a horse in the middle of the day, opposite houses—it was on a Sunday, just before church-time, the Edgware-road—he said he got on a gate to get on the horse—he was going at a jog-trot—there was no bit to the horse.
GUILTY . Aged 60.— Confined Seven Days.
NEW COURT.—Wednesday, October 23rd, 1839.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 30.— Confined Six Days.
2737. JOHN ROGERS was indicted for stealing, on the 21st of September I coat, value 15s. 1 waistcoat, value 2s. 1 handkerchief, value 3s; 2 pairs of gloves, value 2s.; 1 pair of boots, value 1s.; 1 knit value 6d.; and 1 comb, value 6d.; the goods of Thomas Haymar.
THOMAS HAYMAR . I am a labourer, and lodge in Bell-street, Maryle bone. On the 21st of September five or six men slept in the same root with me—the prisoner slept in the adjoining bed—I had the articles stated under my bed, carefully wrapped in an old handkerchief, to keep the dust from them—I went to bed at half-past ten o'clock, and got up at half-past four o'clock—the prisoner was then gone, and I missed my clothes—this is my handkerchief, and the only thing that has been found.
WILLIAM SHEERING . I lodge in Bell-street, the prisoner lodged in the same house. I met him in Oxford-market, on the Wednesday after the Saturday on which these things were lost—when he got sight of me he turned and ran away—I crossed into a court, and he came in at the other end of the court—he turned, and was going away—I called Jack, what are you afraid of me for?"—when he came up, I said, "served the old man a nice trick, in taking his things"—he said, "Does he know that I took them?"—I said, "Of course he does; nobody left the room but you "—he asked what he valued them at—I said, 30s. he said he had parted with the whole of the things but one handkerchief which he pulled out of his pocket, and said, "I must make away with this, I should not like to be taken with it on me "—I kept him talking some time, thinking I should see a policeman, and said if he would walk
With me I would give him a pot of beer, and in going along I saw a policeman, and gave him into custody.
GUILTY .** Aged 21.— Transported for Seven Years.
SAMUEL TREBLE . I work for Mr. John Darke, of Paddington. I had a bundle of twelve brooms of his, on the morning of the 11th of October—I threw them out of the cart into the road, in Piccadilly, for the scavengers to work with, at a little before seven o'clock—I was going on, and in eight or nine minutes I saw the prisoner with them on his shoulder, making his way up Regent-street—I ran to the scavengers to tell them, and saw no more of the prisoner till the policeman had him in custody—these are the brooms.
Prisoner's Defence. I saw the brooms lying in Piccadilly, and some persons looking at them—I went up, and they all agreed that they fell from some country cart—I said I had a great mind to take them, and see if I could find an owner—a man in livery helped them on my shoulder—I said I was not going to sell them, but to find the owner.
NOT GUILTY .
2739. JOHN THOROGOOD was indicted for stealing, on the 5th of October, 44lbs. weight of soap, value 1l.; 50lbs. weight of candles, value 1l. 5s.; and 2 bags, value 1s.; the goods of James Francis; to which he pleaded
GUILTY . Aged 47.— Transported for Seven Years.
JAMES WEBBER . I am in partnership with ray mother. We live in Bethnal-green-road—the prisoner was in our service—on the 10th of August I sent him to Mrs. Flanders with some potatoes, and a bill of 6s. 3d. he did not give me that money—he said they had not paid—on the 29th of August he took a bill of 55. 9d. to Mrs. Bateman—he did not give me that money—on the 5th of September he took another bill of 5s. to Mrs. Bateman—he did not give me that—he said they had not paid—he ought to have given me all these sums directly he had received them.
Cross-examined by MR. DOANE. Q. After you had found out some of these transactions, did you not consent to receive repayment out of his wages? A. No, not of these sums—there had been a deduction from his wages from July to September—he told me he had been in want of money, and had made use of some of mine, and he would pay me by letting me deduct it from his wages—that went on till September—but there was no agreement with respect to these sums—he had been with us about eight months.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy.— Confined Three Months.
2741. JOHN APPLEBY and CHRISTOPHER MAILE were indicted for stealing, on the 23rd of September, 1 shawl, value 8s.; and 1 shirt value 2s.; the goods of Edward De Lima Woods; and that Maile had been before convicted of felony.
OSCAR CALLIS . I am shopman to Mr. Edward De Lima Woods pawnbroker, in King-street, Hammersmith. On the 23rd of September in consequence of information, I missed a shawl and a shirt from about a yard inside the shop door—I saw them safe about a quarter of an how before—I went with the constable, and found them on the prisoner Appleby, at a quarter before nine o'clock—Maile was with him—these are the articles.
Cross-examined by MR. DOANE. Q. Were you in the shop the whole afternoon? A. Yes—I did not see any one take them—they were inside the shop—a person could get them without coming into the shop.
JOSEPH BAILEY . I am servant at the Hampshire Hog public-house. About twenty minutes before nine o'clock that evening I was passing Mr. Woods', and saw the two prisoners standing against the window, looking in—Maile then parted from the other, put his hand inside the door, and took something—he went towards Appleby again, and they went away—I went into the shop and told, and then went after the prisoners.
Cross-examined. Q. Had you known either of them before? A. No—it was quite dark.
RICHARD HANCOCK (police-sergeant T 10.) I went after the prisoners, and found the shawl and shirt on Appleby—I produce a certificate of the prisoner Maile's former conviction, which I got from Mr. Clark's office—(read)—he is the person who was then convicted, and I proved a former conviction then—this is the third time he has been convicted.
APPLEBY— GUILTY . Aged 19.— Confined Six Months—Three Weeks Solitary.
MAILE— GUILTY . Aged 18.— Transported for Seven Years.
2742. JOHN LARMAN was indicted for stealing, on the 11th of June, 1 opera-glass, value 1l. 10s., the goods of Levy Zachariah and others, his masters: and ANN MARTIN , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c; to which
LARMAN pleaded GUILTY. Aged 17 .—Recommended to mercy by the Prosecutor.— Confined Six Months—Three Weeks Solitary.
WILLIAM HOWES . I live in Kingsland-road, and am a pawnbroker. On the 12th of June the prisoner Martin brought this opera-glass to my shop—I knew her, and said, "This is not yours; who sent you? "—she said, I came from a lady"—I said, "I have no doubt it is all right, but I had rather have a note from the lady"—I sent her home for a note, and she brought me one, purporting to be from the lady, saying, "Mr. Howes, You may safely take this in, from Mrs. Scates"—I then lent her 12s. on it, which was what she asked me—it is pledged in the name of Ann Martin, millrow, for Sarah Scates.
MARTIN— GUILTY . Aged 49.— Transported for Seven Years.
(There were two other indictments against each of the prisoners.)
GEORGE JOHN HURLEY . I am apprentice to Joseph Delaney, of Old Gravel-lane, a pawnbroker. On the morning of the 28th of September the prisoner came to the shop, between nine and ten o'clock, and said she wanted to redeem a pledge—I said it came to 1s. 10d.—she had but 1s. 9 1/4 d.—she told me to get it down—I went up stairs for about two minutes—as I came down I met Holland, who asked if I had sold a brush there had been one on the counter when I went up stairs, and it was gone—the prisoner was also gone outside the door—I went after her, and charged her with it—she denied it.
Cross-examined by MR. BALLANTINE. Q. She came to redeem a sheet?
A. Yes—it came to 1s. 10d., and she had only 1s. 9 1/4 d.—she said, "Perhaps he has got some in his pocket, meaning, I suppose, a man who was outside—I then went up stairs—no one came in to mind the shop when I went away.
THERESA HOLLAND . I am the prosecutors housekeeper. I went out for milk that morning, and as I came back I saw the prisoner outside, with a clothes-brush, which I knew was my master's—she was rubbing the hairs of it down, she presented it to a man, who put it inside his jacket—I then went in, and inquired—the man was gone before Hurley came out—the prisoner was running towards the bridge—he went, and brought her back—she was in liquor.
(The prisoner received a good character.)
GUILTY. Aged 24.—Recommended to mercy .— Confined One Months—One Week solitary.
THOMAS WILCOX . I live in Berwick-street, Soho—the prisoner was in my service for five weeks. On the 22nd of September I missed an amethyst ring—the prisoner afterwards said she had pledged it, and begged me to forgive her—this is it.
Cross-examined by MR. PHILLIPS. Q. Is your wife here? A. No—I keep a wine vaults—my wife thought she had led the ring at her mother's—it was with reluctance I gave the prisoner into custody, from her being so good a servant.
GUILTY . Aged 24.— Confined Three Months—One Week Solitary.
THOMAS FREGO . I keep a book-shop in Charlotte-street, Fitzroysquare. On the 21st of September I went out at half-past eleven o'clock—I returned at half-past twelve o'clock, and missed these six books from outside the window.
WILLIAM DALLISON . I live with Mr. Stennell of Charlotte-street, a bookseller. At a quarter past twelve o'clock, on the 21st of September, I was near the prosecutor's shop—I saw the prisoner with his smock slung on his arm, and he was putting books into it—he went round aboard—I
went round the other way, and caught him by the coat—he got away ran into a passage—I pursued, and he pulled down a piece of wainscot on me, which hurt my leg, but J got on, and followed him till hew stopped—I saw him drop the books.
GUILTY . Aged 39.— Confined One Year.
GUILTY. Aged 23.—Recommended to mercy.— Confined Six Days.
2747. WILLIAM GREENFIELD was indicted for stealing, on the 24th of September, 1 valve-handle, value 3s; and 1 wrench, value 2s. the goods of George Minshaw Glasscott, and another, his masters: to which he pleaded
GUILTY . Aged 14.— Confined Four Months—Four Weeks Solitary.
2748. ANN REYNOLDS was indicted for stealing, on the 27th of September, 1 watch, value 3l.; 1 watch-chain, value 1s.; 1 seal, value 1s.; and 2 watch-keys, value 1s.; the goods of William Morrison; from his person.
WILLIAM MORRISON . I live in Chapman-street, St. George's, and am a labourer. On the evening of the 27th of September, I met the prisoner in Ratcliff-highway—she asked me to give her something to drink—I gave her a shilling, and we went to some house in Blue-gate-place—she asked if I had no more money to give her—she snatched my watch, and ran off—this is my watch—I gave intelligence to the police.
Cross-examined by MR. DOANE. Q. What time was this? A. About one o'clock in the morning—I had been drinking with one or two friends—I am not married—I was perhaps in half a dozen public-houses that night—I was sober enough to know what happened—I had not been in the company of any ladies that night—I am employed in St. Katherine Docks—I had left Chapman-street about nine o'clock at night, and returned about three o'clock in the morning—I gave the prisoner a shilling in the street—I went to her house, and then she snatched my watch—I did not give her the watch to raise a few shillings—I had 15s. or 16s. with me.
THOMAS HENRY ELLIS (police-constable K 35.) 1 received information, and went after the prisoner—I overtook her—she said she had not been with any man, and did not know any thing about any watch, except the man's that she had been lodging with for some time—she told the in spector that the girl who was in the house with her had the watch—1 went with her to No. 1, Blue-gate-place—she knocked, and a woman opened the door—I turned my light on, and saw the prisoner, who had been moving about, take her hand from under her gown, and try to pass it to the woman—she said, "Did not the man leave the watch with you for 5s.?—I seized her hand, and found this watch in it—she then said she picked it up in the passage.
MR. DOANE called
night in question, I was in the kitchen of No. 1, Bluegate-place—the prosecutor and the prisoner came in—the prosecutor pulled out the watch, and said it was to be left with the prisoner upon 5s. till the morning—I saw him give it her, and she went out to get something to drink—she was gone half-an-hour—he went out and said he would give her in charge.
COURT. Q. What is this house? A. I really cannot tell—the young man that came home with my husband lives there, and I went to see him to his lodgings—his name is Robert—I do not know his other name—he was in the front-room, and Nancy Coleby with him—when I heard the prosecutor make use of the words he did, I said I would rather go home—it was before Nancy came into the room that I saw the watch pass to the prisoner—I do not know where they were to sleep—I did not hear them say any thing about money—Nancy came into the room where I was, when the prosecutor made use of bad words, and said he would give the prisoner in custody—the prisoner had gone out to get something short. to drink, and took a ginger-beer bottle with her—Nancy came in to tell me to go home, saying it was not a proper place for me to be in—that was all she said—she was not dressed—she did not stay above five minutes—I had nothing to drink—I never was in the house before—I went in the backroom to bid Gallaghan, the landlady, good night—she was there when I arrived, and she saw Morrison and Reynolds come in, but she was not in the room when the watch was given—she went away somewhere—I do not know where—she was not in the room when I came away—I think the prosecutor and the prisoner had been there about half-an-hour before the watch was given—I was there about three quarters of an hour—I was not in the room all the time—I was talking to Nancy and the gentleman in the front-room—I talked to Nancy to bid her good night—I was with Nancy about a quarter of an hour—she was in the front-room in bed with Robert—they had a light in the room—there was nobody else in the room—I was only bidding Nancy good night, and telling her to come down with her man next day to see my husband—I did not sit down—I stood by her bed side—on the side the man was—he was asleep—he was rather the worse for liquor—he did not speak at all—she spoke to me, and said she should come and see me the next day.
ANN COLEBY . I am an unfortunate girl. I am living with a seaman named Robert. On the night there was this disturbance about the prosecutor's watch, I was in bed with Robert in the front-room, on the lower floor—I heard the prisoner in the next room—I knew her voice—I heard a man with her—there is only a thin partition between the two rooms—I heard a talk about leaving the watch for 5s. till the morning, and he would come and release it—she said, "Yes," and he said, I wish to have a drop of something to drink," and she went out—I heard somebody going out—I believe the prisoner was rather in liquor, and the gentleman was very much in liquor—after she was gone, the man was in the room for about half-an-hour, but I had been asleep—I then heard him calling her some bad names, and the noise awoke me—I listened to the conversation, and there was a person sitting on the bed with the landlady, Mrs. Gallaghan—I did not go into the room—I opened the door which opens into the passage, and then the kitchen is on the right-hand side—I said I did not like the conversation that the gentleman used, and I said to Mrs. Garley, You had better go home, as the young woman is gone out with the watch, but I am not afraid but she will return"—Mrs. Garley took my advice and
went home—when the policeman came, Morrison first thought it was me—Robert is a shipmate of Mrs. Garley's—Mrs. Garley stood at the door and bid me good night—Robert was asleep and very much in liquor—he did not speak—Mr. Garley said good night to me—there was no conversation with her and Robert after he fell asleep.
COURT. Q. Had you ever seen Robert before? A. No—I met him at the White Swan public-house, and his shipmate with him—I went home with him in the afternoon, and went to bed—I then got up, and went to bed with him again about twenty minutes past twelve o'clock—I was not asleep before the prisoner and the prosecutor came in—they both came in together—the prosecutor was more drunk than the prisoner—there is a landlady who was ill in bed—she was taken rather poorly a little before she went to bed—she was in bed before I went in, and before the prisoner and prosecutor went in—she was well enough to understand what passed—she was not in liquor at all, but was not well enough to get up—she was better the next morning—she remained in bed all night—she was in the room during the whole time that Reynolds and Morrison were there—when the prisoner and the prosecutor carne in, the first thing I heard was the young woman laughing—I then heard about the 5s.—and then he said he should like something to drink, and she said she would go—I did not see her go—when the prisoner was gone, Mrs. Garley still sat on the side of the bed—I did not see her, but she staid in the room with Morrison, I suppose, twenty-five minutes or half-an-hour—I then got up, and came to the door, five or ten minutes before the prisoner came in I said to Mrs. Garley, "You had better go home"—she thanked me, and wished me good night—that was all I saw of Mrs. Garley—she did not come into my room, she only stood by the bed-room door—she only bid me good night, and said the young man gave Reynolds the watch—I did not burn a light in the room.
GUILTY . Aged 19.— Confined One Year.
GUILTY. Aged 25. —Recommended to mercy.— Judgment Respited.
GEORGE CORNER . I am an apprentice to Thomas Vesper and another, pawnbrokers, in Sydney-place, Commercial-road. On Saturday night, the 28th of September, at half-past six o'clock, I was outside the shop, and saw the prisoner take this coat from the rail outside—I ran after him, and secured him before he got one hundred yards—he threw it down by our back gate—it was taken up by one of our lads—this is it.
Prisoners Defence. I was in distress—I saw the coat on the pavement, and picked it up.
GUILTY .* Aged 20.— Confined Six Months—Three Weeks Solitary.
DIGORY NORTHEY . I have one partner; we live in High-street, Whitechapel, and are linendrapers. On the 23rd of September, I saw this piece of merino taken from inside the door-way, by a man who, I believe, was the prisoner—I followed him, running away with it, about two hundred yards—he dropped it—I picked it up, and returned with it—to the best of my belief, the prisoner is the man—this is my property—(looking at it.)
Cross-examined by MR. PAYNE. Q. Were not these goods at the door? A. Yes—I did not see the face of the person—I do not believe he was ever more than five or six yards from me—I saw him carrying the merino—he was running as fast as he could—I saw many other persons about, but none were running—the prisoner was brought back in three or four minutes.
COURT. Q. As soon as he was brought back, from his size, and height, and dress, did he correspond with the appearance of the man you four followed? A. He did.
WILLIAM CARR (police-constable H 109.) I heard the cry of "Stop thief," and saw the prisoner running towards me—I crossed into the road, and the minute he saw me, he turned short between the cabs on the rank—he entered George-yard—I sprung my rattle, and he was stopped by Conway—I took him to the prosecutor's shop—the prosecutor said, the minute be saw him, that he was the man who stole the merino—the prisoner made no answer.
Cross-examined. Q. Was he not brought to you? A. No, Conway stopped him, and I went to him—I did not se him drop any thing.
THOMAS CONWAY . I am a labourer. I heard the rattle sprung, and a cry of "Stop thief"—the prisoner was running towards me—I stopped him—he strove to get away—we both fell, and he begged me to let him go, for the lore of God—the policeman came and took him.
Cross-examined. Q. Were you quite sober? A. I had been with two friends to a club, and we spent 6d. a-piece—the drink was divided among the company.
DIGORY NORTHEY re-examined. He carried the merino under his arm, and dropped it behind him—it was between nine and half-past nine o'clock in the evening—I wish to correct the distance he had got—I am not quite certain as to that.
GUILTY. Aged 26.—Recommended to mercy — Confined Two Months—
Two Weeks Solitary.
JOHN ELLINGFORD . I live in Well-street, Oxford-street. On the 25th of September, about two o'clock, I was sitting in my parlour, and saw the prisoner about the house, and saw her go by the window—I heard a footstep in the shop—I went down stairs, and found two flannel shirts gone from the kitchen, which I had seen safe an hour or two before—I went and found the prisoner in Portland-street—she said she had had the shirts, and pawned them in Hampstead-road—we went there and found them.
(The prisoner pleaded poverty.)
GUILTY. Aged 56.—Recommended to mercy.— Confined Six Months.
THOMAS BROOKFIELD . I keep the Joiners' Arms public-house. The prisoner was my pot-boy—he left me on the evening of the 31st of August, without notice—it was his duty to account to me every Saturday night for all money he had received—that is the general custom in the outskirts of London, where there are working people, and on Saturday night the prisoner would have 1l. or 30s.—if he received 3s. 31/2d. from John Williams, he has not paid it to me.
Prisoner's Defence. I used to trust these persons, as Mr. Brookfield would not trust them—I had to get a lot of money, and could not get it—I was ashamed to go in with this 3s. 3 1/2 d.
NOT GUILTY .
2754. SARAH DALKINS was indicted for stealing, on the 21st of September, 1 bag, value 1/2d.; 1 sovereign, 2 half-sovereigns, 3 half-crowns, 4 shillings, and 2 sixpences; the property of William George White.
WILLIAM GEORGE WHITE . I am a general dealer. On the 21st of September, about eight or nine o'clock at night, I called on a young woman in Charles-street, Drury-lane—I went to bed with her—the prisoner arrived after I was there to clean the room—I put my money under the pillow—there was a sovereign, two half-sovereigns, and about one pound's worth of silver, in a bag—when I was coming away, between ten and eleven o'clock, I looked for my money, and it was gone—I had been asleep—I told the young woman that either she or the prisoner must have taken it, and she had better go and look for the prisoner—she went and brought her—I accused her of it, and at last she admitted it, and asked me if part of it would do to give me back—I insisted upon having it back, or I would give her in charge—I called in the policeman, and he went to the prisoners daughter, who gave up one sovereign, two half-sovereigns, and 12s. 6d. In silver—this is my bag.
GEORGE MARSH (police-sergeant F 8.) I was called, and saw the prisoner in the room, with a little girl and another young woman—the prisoner said she had given the money to her daughter—she would take me to where the daughter was—she said she was tempted to do it.
JOHN PIKE (police-constable F 105.) I went to the room, and saw the prisoner there—she said she had thieved the money, and if I would go with her, she would show me where her eldest daughter was—I went with her to several houses, and could not find her daughter—another daughter of hers said to her, "Have you been to my aunt's, in Short's-gardens?"—the prisoner said, "No"—we then went there, and saw the daughter—the prisoner said to her, "Give this man the money," and she gave me this money and the bag.
Prisoner's Defence. The young woman asked me to clean the room, and, in sweeping the passage, I found the bag with the money—I took
it, not knowing whose it was, as both of them were asleep—I saw my daughter, and gave it to her to mind.
GUILTY . Aged 49.— Confined Three Months—Three Weeks Solitary.
2755. RICHARD MORTON was indicted for stealing, on the 30th of September, 8 pairs of trowsers, value 18s., the goods of William Faulkner; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 34.— Transported for Seven Years.
Fifth Jury, before Mr. Sergeant Arabin.
2756. ELIZABETH DENSTONE was indicted for stealing, on the 18th of September, 1 petticoat, value 1s; 1 bonnet, value 10s.; the goods of Mary Ann Miller; and 1 cruet, value 1s., the goods of William Miller.
MARY ANN MILLER . I live in Chapel-street, Spitalfields, and am single. I lost my petticoat from a horse inside the kitchen stairs—the prisoner was servant to some lodgers in the house, but did not sleep there—this is my petticoat—I found it on her about three weeks after—I never lent it to her—this is my father's cruet—his name is William Miller—it was taken off the kitchen dresser.
Cross-examined by MR. PAYNE. Q. Was the cruet in the state it is in now? A. Yes—I said, "You have got my petticoat on"—she said, Oh, is it yours, I only put it on while I washed my other."
Cross-examined. Q. What room did you find them in? A. The down stairs room—I brought them to her at the watch-house—she said she knew nothing about them.
NOT GUILTY .
BENJAMIN BULLEN . I am in the service of Mr. Thomas Emmott, a jeweller, in Holborn. About the 16th of September, about twelve o'clock, the prisoner Davis and another, who is not into custody, came into the shop and wished me to show them some gold pins—I laid a small tray before them—they looked at them and passed remarks upon them, and asked the price of several—at that time Cleaver came in and inquired the price of some cards, on the other side of the shop—I showed him some—we did not agree about the price, and he went away—Davis and the other boy were still looking at the pins—directly Cleaver left the shop, Manning came in, looked about, and asked questions, and talked with the other boys—I suspected I was robbed, and as Cleaver had left the shop I sent a person after him, who brought him back—I then accused all four of them of robbing me, and sent for an officer—I thought I heard something link on the edge of the counter—I looked and saw a pin there, which I think fell from Manning, as it was nearest to him—I am positive it is one which had been in the tray, and I do not think it had dropped down before—I have no doubt that Manning dropped it—I could not tell how many pins were missing from the tray, as I did not know the number that were in it—this other pin was produced by the officer.
CHARLES HALL (City police-constable, No. 49.) About twelve o'clock on the 16th of September, I was called—I went to the shop with another officer—the three prisoners and another lad were in the shop—we took them into a back-room adjoining, and searched Manning and Cleaver, and at the bottom of Manning's pocket I found a garnet pin, which was claimed by the shopman—this other pin was handed to me by the shopman, which be said had been put upon the ledge.
MANNING— GUILTY . Aged 15.
CLEAVER— GUILTY . Aged 14.
DAVIS— GUILTY . Aged 14.
Confined Three Months.
(There was another indictment against Manning and Cleaver.)
ELIZA KING . I live with my father on Clerkenwell Green. Two pairs of trowsers hung on the rail at his door on the 8th of October—I saw the prisoner pull them off the rail, and roll them up in a piece of coarse cloth and run away—I called my father—the prisoner was brought back by a gentleman, with the trowsers.
JOHN HENRY DONALDSON . I was passing down St. James's Walk, and heard a cry of "Stop thief"—I saw the prisoner running with a bundle before him—I ran after him, and saw him throw the clothes on the step of a door—I took him—I brought him back, took them up, and gave him and them to Mr. King.
Prisoner's Defence. I was going round Clerkenwell church-yard, and the witness met me and said I was to go with him.
GUILTY .* Aged 19.— Transported for Seven Years.
JAMES TWEEDIE . On the evening of the 3rd of October, I was in Church-lane, near Whitechapel Church—I felt a twitch at my coat tail—I turned and saw the prisoner walking a little behind me—I felt, and my handkerchief was gone—I followed, and asked him to pull his hand out of his pocket—he would not—I took hold of his arm, pulled his hand out, and my handkerchief was in his hand—this is it.
Cross-examined by MR. PAYNE. Q. Are you sure it was your handkerchief? A. Yes, I am certain—I took it from his hand when he drew it out of his pocket—I command a ship in the transport service.
GUILTY . Aged 21.— Confined Six Months.
2760. ANN BUCKINGHAM was indicted for stealing, on the 16th of September, 1 blanket, value 4s.; 1 sheet, value 2s.; 1 counterpane, value 2s.; 1 pillow, value 3s.; and 1 flat-iron, value 6d.; the goods of William Hunt.
WILLIAM HUNT . I live on Great Saffron Hill—I let the prisoner a room furnished on the 10th of September—this property was part of furniture—I missed it on the morning of the 19th of September, when she absconded—she had paid me one week's rent—she left the room open—I cannot find the counterpane and flat-iron.
Prisoners Defence. I did it from distress, and intended to take them out again.
GUILTY . Aged 22.— Confined Nine Months.
DENNIS GEORGE MCCARTHY . I am clerk to a solicitor in Sise-lane. On the 22nd of October, about eleven o'clock, the prisoner came, and said he had come from Mr. Bagster for a box—I went up stairs to ask my master, leaving the prisoner there—I came down, and the prisoner went nay—I missed an umbrella—I went out, and saw him running down the lane—I pursued him to Tower Royal—I there saw the umbrella in his hand, and collared him—he struck me in the face, and threw it away—he got from me, but I still followed till he was taken—he said he had not taken it, but afterwards he said he had.
Prisoner's Defence. I worked at Mr. Baldwin's, in Paternoster-row, but I was ill, and forced to go into the country to my uncle's—I came home last Wednesday, and met a young man running, who gave me the umbrella into my hand—I walked down the lane—this young man said it was his, and I threw it down.
GUILTY . Aged 17.— Confined Three Weeks.
2762. FRANCES BROADHEAD was indicted for stealing, on the 31st of August, 2 handkerchiefs, value 2s.; and 1 napkin, value 6d. also, on the 21st of September, 1 bottle, value 2d.; 11/2 pint of beer, value 3d.; 2lbs. weight of bread, value 3d.; 1/2lb. weight of beef, value 4d.; 1/2lb. weight of butter, value 3d.; and 1/2lb. weight of candles, value 3d.; the goods of James Bennett, her master; to which she pleaded
GUILTY . Aged 45.— Confined Six Months.
GUILTY . Aged 20.— Transported for Seven Years.
CATHERINE YOUNG . I keep a fish-shop in St. Giles's. On the 24th of September, I was selling herrings about a quarter before seven o'clock in the evening—I did not see the prisoners take any fish, but I missed six herrings, which were worth 6d.—I knew the prisoners before.
MARY KENT . On the 24th of September I saw the two prisoners and another boy at Young's shop—they each of them took two herrings from her shop, and put them under their jackets, and ran away with them—I knew the prisoners before—they live in St. Giles's.
MYLER*— GUILTY . Aged 12.
HOPKINS*— GUILTY . Aged 9.
Transported for Seven Years—Convict Ship.
JOSEPH COWNE . I am a pawnbroker, and live at Edmonton. I had a handkerchief in my shop on the 23rd of September—I received information, and missed it—I went out, and saw the prisoner putting it round his neck—this is it.
ALEXANDER STRECKS . I live opposite the prosecutor's shop at Edmonton, On the 23rd of September I was at my door, and saw the prisoner step his foot into the shop, and take this handkerchief off the door—I went and told of it, and pointed out the prisoner.
Prisoner, I bought it for 2s. of a boy, who ran away. Witness, The boy who stood by you while you stole it, ran away, but you stole it.
GUILTY .*** Aged 19.— Transported for Seven Years.
PETER WILLIAMS . I am in the employ of George Powell, a shoemaker—he has a shop in Drury-lane, which I look after. On the 5th of October the prisoner and two others came in, and said they wanted a pair of shoes—while I was serving one of them, the other two went out—I looked out, and saw the prisoner running—I pursued, and found these boots in the course he ran—I took him in Museum-street—I did not See him drop these boots, but they had been in the shop when the boys came in—they did not buy any thing.
GUILTY. Aged 14.—Recommended to mercy.— Whipped.
2767. JAMES KING was indicted for stealing, on the 4th of October, 13/4lbs. weight of pewter, value 1s.; and 1 tool, called a force, value to; the goods of John George Nutting, his master; to which he pleaded
GUILTY . Aged 59.— Confined Three Months.
GEORGE HAMBROOK . I keep the Prince of Brunswick public-house at Islington. On the 4th of October, about three o'clock, the prisoner and two others came to my house—they had one pint of beer, which I took in—the prisoner went into the yard, and when he came in we missed a pot from the horse in the yard—I stopped him and another—I gave the prisoner to a person—he resisted very much—the other man then got away, and I went to assist in securing the prisoner—we got him on the ground, and discovered these two pots between his skin and his shirt—he had cut the bottoms off, and flattened them—he afterwards took the bottoms, I think, from under the waistband of his trowsers—I said, "You have been stealing my pots"—he said, If I have, I will pay you for them.
GUILTY . * Aged 22.— Transported for Seven Years.
OCTAVIUS DANIELL MATHIAS . On the 8th of October, about half-past five o'clock, I was coming up Ratcliff-highway, and felt something at my pocket—I turned, and saw the prisoner close behind me—I collared him
and he dropped my handkerchief—he broke away, but was stopped in Cannon-street.
Prisoner's Defence. I went to look at a piece of work with a woman, and this gentleman said I took his handkerchief—I said I did not—I went up Cannon-street with the mob, and they stopped me.
GUILTY . Aged 21.— Confined Six Months.
JOSEPH JACKSON . I live in Brill-row, Somers-town, and am a shoemaker I was in my shop, putting my things to rights on the 28th of September, about twenty minutes past six o'clock, when Mr. Morris brought in the prisoner with these boots in his hand—they are mine.
THOMAS MORRIS . I saw the prisoner take the boots off a nail outside the prosecutor's shop—he walked off—I crossed, and took him back with the boots—there were two other boys with him, who stood close to him when he took them.
Prisoner's Defence, Two other chaps knocked off the boots—I never had them in my hand.
(The prisoner received a good character, and his master promised to employ him again.)
GUILTY . Aged 14.— Whipped and Discharged.
ALFRED LEVY . I am shopman to James Jones, of High-street, Pentonville. On the 27th of September the prisoner came into the shop with a child in her arms—she first asked for some night-caps, which I showed her—she did not buy any—she then wished to see some children's socks—the bought some, and a pair of stockings—I observed her put the child several times on the counter, and once she set the child on a pair of black stockings and took them up with the child—I made out a bill of the articles which she bought—when she went we went after her—she was brought back, and this pair of stockings, three pairs of socks, and a nightcap, were found on her in a handkerchief, and the parcel of goods I had sold her was wrapped in a paper—I know them to be my master's—two of them have our mark on them.
Cross-examined by MR. DOANE. Q. Did you make any observation to her when she took the stockings up? A. No, I had seen her in the shop before—I do not know that she lives in the next street—she was brought back almost instantly—she said she did not mean to steal them.
DAVID FERGUSON . was serving in the shop—the prisoner came in—I saw her pull a pair of socks off the counter, and allow them to fall on the floor—she then lifted them to her lap, and put them under the child's clothes.
JAMES DAVIS . I am a policeman. I took the prisoner—she was taken back to the shop, and her bundle opened—these articles were under the parcel of goods which she had bought, and all tied in a handkerchief—I saw her take this red pair of socks from under the child's clothes—I took them from her, and put them in the bundle.
Cross-examined. Q. They were all in one handkerchief? A. Yet but not all mixed together—she said she did not know these things were there.
GUILTY . Aged 40.— Confined Three Months.
OLD COURT.—Thursday, October 24th, 1839.
Second Jury, before Mr. Sergeant Arabin.
2772. ELIZABETH WATTS was indicted for breaking and entering the dwelling-house of Thomas Heims, on the 23rd of September, and stealing therein, 1 counterpane, value 2s.; 1 shawl, value 6d.; 1 sheet, value 1s. 6d.; 1 tea-caddy, value 2s. 6d.; and 1 loaf of bread, value 6d. the goods of James Wicks.
CAROLINE WICKS . I am the wife of James Wicks, and occupy the two-pair front room in the house of Thomas Heims, in Wild-street, St. Giles's. On the 23rd of September I went out at one o'clock in the day—I locked my door, and left the property secure—I returned between fire and six o'clock in the evening, and found my door had been opened by a false key—Mrs. Moody gave me information, and I went up Orange-court, Drury-lane, and into Long-acre, where I saw the prisoner with a bundle—she was taken into custody—I never saw her before.
MARY MOODY . I live in the same house as the prosecutrix. On the 23rd of September, about six o'clock in the evening, I was at my door, the prisoner passed me with a bundle, and went out of the house up Orange-court—I called to the prosecutrix, who was a few doors off coming home—she went up stairs, and said she was robbed—I told her the way the woman had gone, and she followed her—I followed also, and saw the prisoner in Long-acre with the bundle under her arm—I laid hold of her, and Mrs. Wicks gave her into custody—I am certain she is the woman—she was quite a stranger, which made me notice her—the things were found on her.
(Property produced and sworn to.)
GUILTY . Aged 41.— Confined Nine Months.
2773. WILLIAM THOMPSON was indicted for feloniously breaking and entering a building within the curtilage of the dwelling-house of William McCulloch, on the 7th of October, at St. George's, and stealing therein, 2 knives, value 1s.; 2 pairs of trowsers, value 6s.; 1 pair of drawers, value 1s. 6d.; 4 shirts, value 12s.; and 1 jacket, value 4s.; the goods of John Roberts.
WILLIAM M'CULLOCH . I am a seaman, and keep a boarding-house for sailors, in Old Gravel-lane, St. George's East. There is an out-house in my yard, which has no internal communication with the dwelling-house—the yard is enclosed by a brick wall—there were a great many seamen's chests and other property in the out-house—on the morning of the 7th of October I got up about a quarter before six o'clock, and called a young man to go to work—he called my attention to a hole in the roof of the out-house, which is covered with tiles, but has no ceiling, and I went down stairs directly—I saw the prisoner jump out of the out-house into the next yard—I ran round to the front, got a policeman, assisted him over the wall, and he took the prisoner with the property—I knew him before, and had him here last January for robbing my house before—the property
stated was taken away, and a great deal more removed, and put up, ready to be taken, but my getting up disturbed him—he must have taken off the tiles of the out-house, and got down through the roof.
JOHN ROBERTS . I am a sailor, and was lodging at this house. I got up just before six o'clock this morning, came down, saw my chest open, and a lot of things placed on the table—they had not been there when I was in the place before—these things belong to me—(looking at some.)
ROBERT ROCHE . I am a policeman. I apprehended the prisoner in an enclosed ground belonging to the London Dock Company, in a shed—I found nothing on him at the time, but he had a coat under his arm when I first saw him running along.
EDWARD TOWNSEND . I am a policeman. As I was conveying the prisoner to the station-house, I said, "You have got yourself into a pretty mess"—he said, "Yes, and I have been convicted before, and had three months"—I searched him at the station-house, and found these two knives in one of his pockets—a pair of trowsers were found on him over his own, which Roberts has claimed.
GUILTY .* Aged 24.— Transported for Fifteen; Years.
Before Mr. Baron Gurney.
2774. REBECCA GANDER was indicted for unlawfully, maliciously, and feloniously assaulting Thomas Baker Bates, on the 21st of September, and cutting and wounding him upon his left arm, with intent to maim and disable him.—2nd COUNT, stating her intent to be to do him some grievous bodily harm.
THOMAS BAKER BATES . I am a labourer, and live in Virginia-row, Bethnal-green. The prisoner lives with a man in the same house as me—I believe she is not married—on the 21st of September, about eleven o'clock at night, she was having some words with the man she lived with—I heard her mention my name, with very bad words attached to it, and I went up, intending to speak to her—she threw the contents of a vessel down stairs at me, but it escaped me—the man said to me, "Come up"—I went up, and she called me a b—rogue and a b—thief—I said, "You are b—w—for so saying"—she immediately thrust a knife at me towards my breast—I warded it off with my arm—a little scuffle ensued, and I received the cut on my arm—she was in a great passion—I do not think she meant to do me serious bodily harm—I do not think she knew what she was about at the time—she was very kind to my wife and children formerly—I sent for an officer, and gave her in custody—this was Saturday night—I went to a surgeon on Monday—the Magistrate sent me.
Cross-examined by MR. PAYNE. Q. You did not think proper to go to a surgeon unless you had been sent? A. No—I was up on Monday morning, and did a little work—I had been, drinking in the afternoon, and was not exactly sober—many words passed on both sides.
JOHN LEESON . I am a surgeon. I saw the prosecutor on the Tuesday—the wound was superficial, and two inches in length, on the left arm—I was instructed by the Magistrate to attend him till he got well—it healed very quickly—he was soon able to attend to his work.
and took her—I told her the charge—she said he had no business in her room, and she would serve him out.
(The prisoner received a good character.)
GUILTY of an Assault only. Aged 53.— Confined Three Months.
Before Mr. Baron Gurney.
2775. ELIZABETH HODGES was indicted for unlawfully, maliciously, and feloniously assaulting Philip Hodges, on the 13th of October and cutting and wounding him upon the left side of the head and left cheek, with intent to maim and disable him.—2nd COUNT, stating her in. tent to be to do him some grievous bodily harm.
PHILIP HODGES . The prisoner is my wife. On Saturday night, the 12th of October, I came home between five and six o'clock—I had some words with her that night—we had an altercation for some time—she put herself into a great rage, took up the poker, and said she would dash my brains out—she struck me with it several times, and made my arm very bad—I went out, thinking her passion would cool—I afterwards came home and went to bed—I got up before seven o'clock in the morning, and as I was dressing I thought she was asleep—(I slept in the same bed with her,) but after I got out of the room she came out in a rage, and swore she would murder me—she took up the chamber-pot with the contents, came after me in a rage like a bear, and struck me with it on the head and side of my face—it cut me very much—I bled profusely—she only struck me once—it broke the pot all to pieces, and cut me on the cheek, just below the eye—it stunned me for a few minutes, and then I recovered myselfone of the lodgers came down and endeavoured to stop the blood—a policeman was sent for, and she was given in charge—I became an out patient of the London Hospital—I am not quite recovered now—I lost a deal of blood.
EDWARD THOMAS ROE . I am a surgeon at the London Hospital, I saw the prosecutor on the 13th of October—he had a severe wound on the left cheek, which was bleeding considerably when he came—it required a ligature to be put on the artery, which was divided—he must have lost a considerable quantity of blood before I saw him, which was between two and three o'clock in the afternoon—I considered him in danger.
DAVID EVANS . I am a policeman. I was sent for about two o'clock on the Sunday to take the prisoner into custody—she was using very abusive threatening language then towards her husband, and swore she would break his d—old head, and also his legs before she slept—I took her to the station-house, with the assistance of another constable—she was very violent, and was not sober at the time.
(The prisoner, in a written defence, complained of her husband having frequently ill-used her; that on the night in question he had cut her face, and in the morning thrown a pail of water over her in bed.)
PHILIP HODGES re-examined. I did not strike her—she had prepare some water to throw on me in bed at night, and after she struck me when I came to myself, I threw that over her—I had done nothing before she struck me with the pot—I never spoke to her—I was afraid to awake her—I was afraid of her rage.
(The prisoner received a good character.)
GUILTY of an Assault only. Aged 49.— Confined Three Months.
First Jury, before Mr. Recorder,
2776. JANE EAVES was indicted for burglariously breaking and entering the dwelling-house of Richard Kirkham, on the 5th of October, at Stepney, about the hour of two in the night, with intent to steal, and stealing therein, 1 sixpence, 1 fourpence, 2 pence, 6 halfpence, and 1 farthing, his property.
RICHARD KIRKHAM . I live in Summer's-court, Stepney Causeway. I occupy the whole house, and sleep in a room down stairs—the prisoner lived next door with her father and mother. On Saturday, the 5th of October, when I came home at twelve o'clock at night, the prisoner was in the house nursing my child—I took the child from her—she went out, and I shut the door, and between one and two o'clock I heard a noise in the house, but did not know who it was—having a little dog, I took no notice of it—between three and four o'clock in the morning, as I came to the street-door, I caught the prisoner coming out of the window of the down stairs room—there was five-pence farthing found on the side of her father's scraper on the Sunday morning—a halfpenny of the money I can swear to—I was awoke by hearing a noise—my wife turned round, and said, "How cold it is," and I found the window open—I saw the prisoner go towards the window—I ran out at the door, and caught her coming out of the window—she said it was not her—it was a man who had run up the court—she immediately went and knocked at her father's door—her father came down and took her out of my arms—I called a policeman, who took her soon after—I had secured my window with a gimlet, which went right through the two sashes, but a nail outside would push it in, to open it—I know this halfpenny by its being burnt—I swear it is one of those I lost—I had put a four-penny piece and other money in my hat on the table, which was moved from one part of the table to another.
MARY KIRKHAM . I am the prosecutor's wife. On the night in question I awoke between three and four o'clock, I turned round, and saying how cold it was, I saw somebody moving, and go towards the window, but I did not know who it was till I heard her scream out, when my husband secured her—she said, "It is not me, it is a man who has gone down the court"—I should know her from a hundred—I could tell by her voice that it was the prisoner—I know it was a female in the room, by her clothes—I picked up 5 1/4 d. by her father's scraper, at five o'clock that morning—my husband had put some money in his hat on the table that night.
BARTHOLOMEW BRENAN (police-constable P 102.) Early in the morning in question I heard a knocking at the door in James-place—I went to the spot, and saw the prosecutor with the prisoner in his arms, at her father's door—I saw her dragged from his arms inside, and the door was closed—in consequence of what the prosecutor said, I knocked at the door—the father opened it, and I took the prisoner into custody—she said she did not take the money, but it was a man who came out of the window, and ran up the court—I said, "There was no man run up the court"—I took her to the station-house, but found nothing on her.
Prisoner. I was inside my mother's door when the policeman took me Witness. I did not see her outside the door—she told me she had been in the street from twelve till four o'clock—I saw her at the door at the time I got there—she was neither inside nor out—I saw her outside the door, and saw her dragged in, and the door immediately close.
ANN DARBY . I am a green-grocer, and live next door to the prisoner—my husband lent the prosecutor 7s. on Saturday night, which he repaid me—he then pulled out 5d. In halfpence, declared he had lost 2s., and that was the last farthing he had in the world—I went to his house half an hour after, and his wife was in liquor on the bed.
EAVES. I am the prisoner's mother—her father and her had a few words—she went out and went to sleep under the door—she knocked in the night—I went down, and the policeman and prosecutor came in and said she was sleeping under the door.
NOT GUILTY .
2777. JOSEPH STANDLEY and JOHN BARBER were indicated for feloniously breaking and entering the dwelling-house of Edward Giggs, on the 9th of October, at Greenford, and stealing therein, 1 coat, value 2l. 2 handkerchiefs, value 8s.; 2 shirts, value 1s.; and 8s.; his goods and monies.
EDWARD GIGGS . I am a labourer, and occupy a house in the parish of Greenford. I went out to work, on the 9th of October, at six o'clock in the morning—in consequence of information I went home about five o'clock in the afternoon, and found my window broken, and the house robbed—a pane of glass was broken, and the bottom sash thrown up—I missed a frock-coat some silk handkerchiefs, and 8s., from a box—I found a bundle in the back. room—I had noticed the prisoners coming in a direction from my house, about an hour and a half before I was fetched home—they were not a quarter of a mile from my house—I went after them with Sandilands the constable, and found them in a house in Smallbury-green—a shirt was produced from Barber's back, which was one of those I had lost—the mark had been torn off, but I knew it—this is it—(looking at it.)
Standley. I gave a regimental shirt away, for one of these shirts.
Witness. I know nothing of Standley, I never saw him before—they were apprehended the same evening.
SARAH GIGGS . I am the prosecutor's wife—I know this shirt by having mended it with calico—it is a linen one—this shirt was taken from Standley, in my presence at Brentford—I knew it to be my husband's, and one of those lost.
JOSEPH PORTER . I live at Greenford. I saw the prisoners together, on the 9th, coming across a field, in a line from the prosecutor's house-they were about a quarter of a mile from it when I first saw them—Standley asked me the way to North Hyde—Barber had got a bundle under his arm—Standley did not appear bulky.
HUGH SANDILANDS . I am a horse-patrol. I received information from the prosecutor, and accompanied him to a house kept by Standley's mother, where I found the prisoners, up stairs—Standley was dress in regimentals, and the other as he is now—I told them I was come to them into custody for housebreaking at Greenford—they thought at first I was come for them for desertion—I handcuffed them—they both denied having been near Greenford—I took them to the station-house-a shirt was taken from Standley's person next day, at the office, which the prosecutor claimed.
Barber's Defence. They are two regimental shirts, which I bought of two navigators.
STANDLEY†— GUILTY . Aged 19.
BARBER— GUILTY . Aged 19.
Transported for Ten Years.
WILLIAM COUSINS . I am a farmer, and live at Hockley, in Hampshire—the prisoner is my uncle—I have not had any quarrel with him. A few days before the 27th of September, I saw him in the village, but was not year enough to speak to him—he did not call on me—I kept a mare in my stable there—I have four or five—the prisoner has been with me, and ✗ it in ray stable—I turned the mare out into my meadow, which is enclosed, and lost it—I came to London, and found the prisoner at his own house in Coram-place, Russell-square—I told him I was sorry I was under the necessity of detaining him—I did not tell him what for—the policeman came up just as I had taken him—I have seen the mare in a every-stable kept by Young, in London.
Prisoner. I was not there on the 27th—I was at home on the 20th, and can bring witnesses to prove I was at home from the 20th till I was taken up. Witness. It was three or four days previous to the 27th, that I saw him—it was not on or about the 20th—I think it was three or four days before the 27th—I am not sure it was not a week before.
JOHN COLEMAN . I am a coal-dealer, and live in Little Guildford-street, Russell-square. On Monday, the 30th of September, the prisoner brought the mare to a stable in Woburn-mews, but not in my presence—he came and asked me if I wanted to buy a mare—he afterwards brought, it, and engaged a stall of a woman, in my presence, for 1s. 6d. a-week—he said he should not want it longer, as he was going to sell the mare—I afterwards saw him with the mare—he wanted to sell it for 14l.—I have known him twelve months—he asked me to put it into my cart on Monday afternoon, and he accompanied me—he told me he had got her from below Devizes, in Wilts, for a bad debt of 20l.—I afterwards agreed to buy her for 9l.—that was not below the value for my work—I bought it about eleven or twelve o'clock next day—I told him I would pay him by nine o'clock at light—he called and got 6l. from my wife while I was out—I have a paper which he gave her—she is not here.
Prisoner. I never sold the mare to him. Witness. It was to a friend of mine—it is all one—it was for me—he sent another man in to say I should have it for 10l.—I said I did not want it—he then sent in word I should have it for 9l., and 1 agreed—he said he should like me to have it, because I would take care of it, and it was one he had brought up from a colt—he brought it to me himself with an hempen halter, and gave it up to my hands.
JOHN BROWN . I live in Coram-place, Coram-street—the prisoner occupied a house there. On Monday, the 30th of September, I saw a mare in his possession—he asked me if Coleman did not buy it, would I get him a customer for it, that he had had it as a bad debt for 20l., and had brought it out of the country—he asked what I thought it worth—I said 10l.—he said, "I want 15l. for it—Coleman has bid me 10l., and he will not part with her if he has her, I had rather he bought her, I have had her from a colt," but provided Coleman did not buy her, would I take her
to Croydon-fair—I said, "It will not sell at Croydon Fair for 10l. If he bids you 9l. for it, I advise you to let him have it"—the mare is outside.
Prisoner. You know very well I was at home on the 27th. Witness. I do not—I know he is away for three or four days, and a week, at times he came home on Friday night, the 28th, and Saturday, I believe, laid a bed all day, being fatigued with his journey.
Prisoner's Defence. I am not guilty of stealing the mare—I did offer her for sale—I did not call there, because he told my sister if I did coat he would kick me out of the premises—about twelve months before, I had sued him for 100l., which I had lent him to put him into business, eight years ago.
Prisoner. He tried to do me all the injury he could after I sued him.
Witness. I never spoke to him after it happened—his wife lives in the adjoining village to me.
GUILTY .* Aged 51.— Transported for Ten Years.
GUILTY .—Recommended to mercy.— Confined One Year.
GEORGE LOADER . I live at Slough, near Windsor. On the 2nd of October, I was going, with my cart, through Hammersmith—the prisoner asked me to give him a ride—he said he had come from Reading, and was going to London after a situation—I took him to town—I put up at the Greyhound public-house, in Smithfield, and gave him a breakfast and dinner—he went to look after a situation, and I took him back again with me—when we got near Kew-bridge, I got out of the cart to warm my feet—I allowed him to put my coat round his legs, as he was in the cart-a few minutes afterwards, I saw him walking by the side of the horse, and in less than a minute, I missed him and my coat also—the coat has not been found.
GEORGE LOW . I am a policeman. I apprehended the prisoner at Hammersmith, on Friday, the 4th of October—I told him the chargedenied ever being in a cart that week, but the following morning he admitted going to town, and back with the man nearly to Kew-bridge, that he was allowed to put the coat round him—he thought he would not go any further, and he got out of the cart and left.
Prisoner's Defence. I never had the coat—when I got out of the I left it where it was before, and went over the way for a certain purpose—the cart went on, and I went back.
GUILTY .† Aged 15.— Confined Six Months.
2781. WILLIAM CATTLE and ELIZABETH CATTLE were indicted for stealing, on the 12th of October, 2 3/4 lbs. weight of soap, value 1s. 3d., the goods of Richard Nursey, the master of the said William Cattle.
the female prisoner come from the house with a cake of soap on her arm—I stopped her, and asked what she had—she said, "A cake of soap"—I asked where she got it from—she said her husband had bought it from Mr. Nursey—I said Mr. Nursey was not up, would she have any objection to go back with me to Mr. Nursey's—she said, "No"—I took her back, and the male prisoner said it was all right, and he was going to pay Mr. Nursey for it—Mr. Nursey was called up, and gave them in charge—I asked the male prisoner the weight of the soap—he said he did not know, he supposed it was about 3lbs. weight.
WILLIAM JAMES BUDD . I am a police-sergeant I saw the female prisoner in her way to Mr. Nursey's house, with a white mug in her hand—about ten minutes after, she was returning, and passed me on the other side of the way, and appeared to have a bar of soap—I saw the officer stop her—I crossed over, and heard her say she was going washing, and had none at home—she ran from the shop-door into the passage, where they make candles—I ran after her, and the male prisoner said, "Good God, what is the matter?" she said, "It is about this soap which you have bought of Mr. Nursey, you know"—he said, "Yes, it is all right"—I asked for Mr. Nursey—he said he was in bed, and he would go and call him—I said I should go myself—he went with me—he knocked at the room-door, and said, "Will you step down, sir"—Mr. Nursey said, "What is the matter?"—he said, "It is about some soap which I have taken, and intended my wife to pay for—I asked Mr. Nursey if he allowed his servants to take soap—he said, "No," and said, Cattle, you have got yourself into a pretty mess"—the female prisoner was taken to the station-house—I went with the male prisoner to his lodging, and asked him if there was any thing belonging to Mr. Nursey there—he said, "No"—I said we were going to see—he then said there was soap, but it did not all belong to Mr. Nursey—Mr. Nursey found a quantity in a cupboard—there was 20 1/2 lbs., and three cakes of scented soap in a box under the bed.
RICHARD NURSEY . I am a tallow-chandler, and live in Whitehall-place, Kentish-town. On the 12th of October, I was called up by the police-sergeant—the male prisoner said to me, that he had taken a cake of soap, but he meant to pay me for it, and the policeman had stopped his wife with it—when I came down, he said he meant to pay me for it, and he hoped I would have mercy on him—I said I did not believe him, he had got me into a pretty mess, as well as himself—I went to his lodging, with the policeman, and found 20 1/2 lbs. of soap in a cupboard—I could not swear it was mine—I do not make soap—it is such as I bad by me—the prisoner used to buy soap of me, for his own use, three or four years ago—I do not believe he meant to pay me for this—he has been with me seven years, and bore a good character—I had no suspicion before—he could not want this soap, because he had plenty of the same kind at home—what I found at his house was new soap—he had no authority to sell, except when the shop was open, and it was not time for the shop to be open—it usually opens about seven o'clock—I keep a book to enter all things sold—there is no entry of this soap in the book.
William Cattle's Defence. I bought the soap at different shops in Somers-town.
W. CATTLE— GUILTY . Aged 30.— Confined Three Months.
E. CATTLE— GUILTY . Aged 22.— Confined One Month.
NEW COURT.—Thursday, October 24th, 1839.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 25.— Confined Three Months—Three Weeks Solitary.
GUILTY . Aged 48.— Confined Six Months.
2784. ROBERT DAMMERY was indicted for stealing, on the 30th of September, 1 pocket, value 1d.; 1 pocket-book, value 1d.; 1 key, value 1s. 6d.: 4 pence and 1 farthing; the goods of Thomas Davis, from the person of Mary Davis.
MARY DAVIS . I am the wife of Thomas Davis, a sawyer, in Plummer's-place, Clerkenwell. On the 30th of September, about six o'clock in the evening, while I was in the yard of Sadler's Wells theatre, my pocket, containing 1s. 6d., and 4 1/4 d. In copper, was torn from my side with violence—I looked about, and saw the prisoner with my pocket-book is his hand, which he was taking out of my pocket—I snatched it from him—he struck me three times, once in the eye, and twice in the side, but I succeeded in getting it—I cried out, and told him I would give him in charge—he went up into the gallery—I have no doubt whatever that lit is the man.
Cross-examined by MR. BODKIN. Q. Was your husband with yon? A. He was in the crowd—he was up before me—he is not here—there was a quarrel—I heard my husband say that he fought with some man, hot I do not know whether it was with the prisoner—my husband told me not to come up for some minutes till he had got a seat for me—the gallery was quite full when I got up—I did not strike any body—I had not a patten in my hand—I had a bottle with beer in it—I am certain I did not strike any body—I told the prisoner I would give him in charge—he went up and took his seat in the gallery, and a policeman went and took him—I saw him again in about half an hour—I did not go into the gallery till the officer went with MR.
NOT GUILTY .
2785. ELIZA REFFOLD was indicted for stealing, on the 29th of August, 4 yards of muslin, value 6s.; 18 yards of binding, value 10s.; 4 handkerchiefs, value 4s.; and 1 pair of stockings, value 1s. 6d.; the goods of Benjamin Rumnevill: and 1 box, value 5s.; 2 dresses, value 1l.; 2 handkerchiefs, value 2s.; 2 gowns, value 16s.; 1 thimble, valued; 1 pair of scissors, value 1s. 6d.; 2 pairs of stockings, value 2s. 6d.; and 2 pairs of gloves, value 1s. 6d.; the goods of Ann Clarke.
ANN CLARKE . I am a widow, and live in Great Titchfield-street. I lodged for three or four months at the house of Mr. Adams, and when there 1 missed the articles stated, which belonged to my daughter, who is
the wife of Mr. Benjamin Rumnevill, and a box, two dresses, and the other things stated of my own—the prisoner was servant in the house—when she left I received information, and went to her father's house—I saw her there—I asked her where my things were—she muttered something which I did not understand—I told her to give me ray gowns—she produced them from a box, and several other things of mine, but I have not got half the property I lost—they were taken from a trunk in my room.
Cross-examined by MR. PAYNE. Q. How long was your daughter with yon? A. Nearly three weeks—she went to her husband in Ireland, and I left Mr. Adams in about a fortnight afterwards.
WILLIAM WINSBURY (police-consiable E 138.) I went and found the prisoner in her father's apartment—I said, "I am come to take you again"—she said, "I am not going to a station-house"—I said Mrs. Clarke was down stairs, and accused her of robbing her—the articles now produced were found in her boxes.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Three Months.
2786. JOHN DEARLOVE was indicted for stealing, on the 1st of May, 1 finger-cup, value 2s.; 4 goblets, value 6s.; 6 tumblers, value 10s.; Twine-glasses, value 1l.; 4 sugar-basins, value 18s.; 4 jars, value 11s.; 2 jar-covers, value 4s.; 4 saucers, value 12s.; 4 salt-cellars, value 1l.; 1 ink-stand, value 5s.; 1 eye-glass, value 1s. 6d.; 1 muffineer, value 1s. 6d.; 8 ink-cones, value 14s.; 13 stoppers, value 14s.; 6 mustard-pot covers, value 4s.; and 20 glass drops, value 8s.; the goods of Horatio Jones and others, his masters; to which he pleaded
GUILTY . Aged 39.— Confined One Year.
(There were four other indictments against the prisoner for similar offences, to which he also pleaded Guilty.)
2787. DANIEL DEARLOVE was indicted for feloniously receiving of a certain evil-disposed person, 14 wine-glasses, value 1l. 8s.; 14 tumblers, value 1l. 12s.; 3 lamp-chimneys, value 2s.; 1 lamp, value 2l. 12s.; and 1 shade, value 10s.; the goods of Horatio Jones and others, well knowing the same to have been stolen; to which he pleaded
GUILTY . Aged 21.— Confined Three Months.
JAMES JOHNSON . I live in Union-street, Somers-town, and am a greengrocer, the prisoner was my errand-boy. On the 29th of September he went out with some beans, came back, and said the person wanted some potatoes, and change for a sovereign—I gave him the potatoes and the money stated—he never returned.
GUILTY. Aged 15.—Recommended to mercy.— Confined Six Days and Whipped.
HANNAH SHORTER . I keep a tobacco-shop in Myddleton-street, Clerkenwell. On the 5th of October, about five o'clock, I was in the Parlour, and saw a man go out of my shop—I missed from the window a box containing about seventy or eighty cigars, and some of them were
dropped about the shop—I ran out, and saw the prisoner—I called, "Stop thief"—I am sure lie is the person—lie ran down Gloucester-street—I did not see him drop the cigars, but 1 picked them up in the direction he was running.
WILLIAM POWELL . I heard a cry of "Stop thief," as I was standing at the corner of Gloucester-street—the prisoner ran past me, and pushed me in the back—I ran after him to the corner of Whiskin-street, and there he threw the box on me—I pursued him till he was taken.
GUILTY . Aged 18.— Confined Six Months—Three Weeks Solitary.
2790. ELIZABETH RICHARDSON and ELEANOR RICHARDSON were indicted for stealing, on the 1st of September, 4 gown skirts value 9s.; 3 aprons, value 2s. 6d.; 7 pairs of stocks, value 6s.; 1 pair of socks, value 6d.; 6 napkins, value 3s.; 1 table-cloth, value 1s.; 3 collars, value 2s.; 3 veils, value 6s.; I handkerchief, value 6d.; 1 yard of silk, value 2s.; 1 scent-bottle, value 6d.; 3/4 lb. weight of soap, value 6d. 1/2 lb. weight of candles, value 3d.; and 1/2 lb. weight of sugar, value 3d.; the goods of William Smith, their master.
MARTHA SMITH . I am the wife of William Smith, we live in Harper-street, Red Lion-square. The prisoners were both in my service for about two months—they are sisters—I did not know I had lost these things till after they left—I found them in their apartment—these are all mine.
Cross-examined by MR. HORRY. Q. You found their lodging wry easily? A. Yes, they gave me notice to quit me—their time would have expired on the Saturday, and they left on Friday—I know this table-cloth is mine—I had six doubled ones—it is a very fine damask, and here is a mark on it—these napkins I am almost sure were made out of a tablecloth—I went to their lodgings to search for plate, which I had lost—I have no mark on these napkins—I cannot swear to them, because the marks have been cut off—I had a table-cloth of this sort of stuff, and I believe these are the produce of it.
THOMAS FULLER (police-constable E 155.) I was sent for, and went to No. 6, Green-street—I found the prisoners there—they acknowledged lodging in the room, but denied having any of the prosecutrix's property—I searched the different boxes in the room, and found these things—they acknowledged they had taken them from Mrs. Smith, and said they were very sorry.
Cross-examined. Q. Were not this table-cloth and napkins taken out of Elizabeth's box? A. I believe so, but I did not inquire whose box it was—there were different boxes and parcels in the room—it was Elizabeth that first said the property was Mrs. Smith's, and she was very sorry—the principal part of this property was in a bundle on the bed—some was in each of the boxes.
MR. HORRY called
ELIZABETH RICHARDSON— GUILTY . Aged 22.—
Confined Six Months.
ELEANOR RICHARDSON— GUILTY . Aged 19.—
Confined Eight Days.
ALBERT DENNIS SETTLE . I am apprentice to Richard Thomas Swain, a haberdasher, in High-street, St. Giles's. On the 10th of October, about two o'clock, the prisoner came into the shop and asked for a quarter of an ounce of silk—the shopman laid a leather of silk before him and went away—I saw the prisoner take twenty skeins of silk and put into his pocket—I seized his hand, kept it in his pocket, and called the shopman—when he came up, the prisoner took the twenty skeins out of his pocket and threw them over the counter and about the place.
Cross-examined by MR. PAYNE. Q. How far were you from him when be took these? A. Just at his elbow, not one step from him—I was serving in the body of the shop—these are the skeins of silk—a quarter of an ounce comes to 4 1/2 d.—the shopman is not here, nor is my master—I know that these are the skeins of silk which the prisoner took, by the scent of them-different dyes have a different scent.
GUILTY .† Aged 22.— Transported for Seven Years.
SARAH VINE . I am the wife of James Vine, who keeps the Red Lion, at Walham Green. On the 19th of September, the prisoner came to lodge with us—he left us on the 29th—on the 1st of October I missed two shawls, which had been kept in a drawer in the room-in which he lodged—(looking at a shawl)—this is mine—the drawer in which they were kept was locked, but I found it on the 23rd of September unlocked—I locked it again without any suspicion—no one had access to that room till the 29th, but the prisoner.
JAMS HAYER . I am a pawnbroker, and live in Cheyne Walk, Chelsea. On the 21st of September, this shawl was pawned by a man in the name of John Atkins—I cannot swear to the prisoner, but to the best of my beliefe he is the man.
EDWARD TURNER (police-sergeant V 7.) I took the prisoner—I found on him eight duplicates, two of which were in the name of John Atkins, but none of them related to this property—I found on him five keys, one of which opened the drawer in question.
GUILTY . Aged 19.— Confined Six Months—Three Weeks Solitary.
JAMES POULTER . I live in Skinner-street, Somer's-town, and am a shoemaker. On the 30th of September, a little before eight o'clock, a woman came to my shop, and from what she said, I ran round the corner and saw the prisoner—the instant I got alongside of him he dropped these four pairs of shoes, which are mine—I had seen them safe not half-an-hour before.
Prisoner's Defence. I was out of work.
GUILTY Aged 27.— Confined Three Months—Three Weeks Solitary.
THOMAS SWAINE . I am shopman to Mr. William Trail, a pawnbroker, he lives in Chapman-street, Edgware-road. On Saturday night, the 28th of September, I was in the shop, about half-past ten o'clock—I received information, went out, and caught the prisoner at the corner of Lisson Grove, with this carpet, coat, and quilt—he dropped them at his feet—they are my master's—I had seen them safe about seven o'clock.
Prisoner. I was there with a friend, and he took the things. Witness. It was you took them.
GUILTY .* Aged 20.— Confined Six Months—Three Weeks Solitary.
2795. JOHN WARNER was indicted for stealing, on the 1st of October, 1 till, value 1s.; 2 half-crowns, 6 shillings, 7 sixpences, 10 pence, 12 halfpence, and 8 farthings; the property of James Charles Upton.
ELEANOR UPTON . I am the wife of James Charles Upton; we live in Spencer-street. On the 1st of October I saw the prisoner come in, and take my till—I followed him out of the shop, and called "Stop thief"—I never lost sight of him till he was secured—he threw the till down, another one took it up and ran away with it—I cannot tell what became of the money—there was 15s. or 1l. In it—we picked up four shillings—I am sure the prisoner is the man—I followed him closely, and never lost sight of him.
WILLIAM LOW . I am a boot and shoe-maker, and live in Sun Tavernfields. About ten o'clock, on the 1st of October, I was near the prosecutrix's—I heard a cry of "Stop thief"—the prisoner and another ran past me—the prisoner had the till under his arm—I saw the prosecutrix abort I seven yards behind him—I pursued and took him—when I was about three or four yards from him he threw the till down.
Prisoner's Defence. I never had it under my arm, nor was 1 near the shop till I was taken.
GUILTY .* Aged 19.— Transported for Seven Years.
WILLIAM COTTERELL . On the 1st of October the prisoner came to my shop after a bonnet, for which a companion who was with her paid 1s.—while my wife was wiring the bonnet this shawl was lying on the counter, and the prisoner, by some means, put it up her petticoats—she went away missed the shawl, and went to the corner of George-street, St. Giles's—a young man gave me some information, and I went to Mr. Lowthers, a pawnbroker, in Tottenham Court-road—I there found the prisoner, her companion, and the shawl—I said to Mr. Lowther's young man, in their presence, "That shawl is my property, and the parties are my prisoners; in you will be kind enough to send for a policeman, you will oblige me"—he said he could not—I was obliged to take the shawl under my arm, and prisoner and her companion one in each hand—when we got to the corner of Han way-yard they both pitched into me and fought me—I was obliged to let the other one go, or I should have got my eyes torn out—I took the
prisoner as far as St. Giles's church, where I met the officer—this is my daughter's shawl—I have no mark on it, but I think it is my daughter's—she is nineteen years old, and lives with me—she bought and paid for it out of her earnings—she had been in service away from me, but had been at home about a week when this happened—the shawl was under the custody and guardianship of my house.
CHARLES HOOD . I am shopman to Mr. Lowther, of Tottenham Court-road. About half-past one o'clock, on the 1st of October, the prisoner and another girl came and offered this shawl in pledge—I could not swear which offered it, but I believe it was the prisoner—the witness came, in a very violent manner, and said, "That is mine"—I gave it him—he said, "Send out for an officer"—I said I had nothing more to do with it, and he said he would take them himself.
Prisoner's Defence. I went with the young woman to get her bonnet, when we got out she called me to go with her to pawn the shawl—I never saw it till she put it on the counter.
GUILTY .* Aged 17.— Transported for Seven Years.
2797. GEORGE RUSSELL was indicted for stealing, on the 10th of October, 6 towels, value 3s.; 1 table-cloth, value 2s.; 3 sheets, value 15s.; 3 pinafores, value 3s.; and 1 pair of stays, value 5s.; the goods of Richard Norden: 2 sheets, value 14s.; and 1 pair of stays, value 4s; the goods of Margaret Walker: 2 towels, value 1s.; 6 napkins, value 2s.; I night-gown, value 2s.; 1 cape, value 6d.; and 1 table-cloth, value 2s. 6d.; the goods of James Weston.
MARTHA WESTON . I am the wife of James Weston—I am a laundress, hung out all the articles stated, in my yard to dry, at three o'clock, on the 9th of October—part of them were my own—I saw them at the station-house at three o'clock the next morning.
Prisoner. You stated that there were four or five walls climbed to get these things. Witness. I did not—the garden might be entered in three four ways, but you could not get to where these things were without getting over one wall—I took you in Mr. Weatherby's garden.
(The prisoner read a long address to the Court, stating that he was travelling to Bath, and went into the garden, when the policeman saw him, and found the bundles there; he received a good character.)
GUILTY . Aged 29.— Confined Six Months—Three Weeks Solitary.
MR. CLARKSON conducted the Prosecution.
FREDERICK SAXON . I am in the service of Mr. Evans, a silk-mercer, in Tottenham Court-road. The prisoner has been a customer two or three years—she came on the 30th of September, and asked for some ribbons and calico—Mr. Nelson attended on her while she was there, he made a communications to me, and as the prisoner was going out, I asked her to walk into the counting-house, and said one of our young men suspected
her of taking a piece of ribbon—she said, "Do forgive me, forgive me, no, I did not"—she fell on her knees, and asked me to let her go—I refused—she gave me one piece of ribbon from under her shawl, or her bar—it was this piece of brown and pink—(producing it)—I sent for Mr. Evans—I asked her if she had any more ribbons—she said she had not—an officer was sent for, who searched, and took from her these three other pieces of ribbon—I could not swear to these three, but I think I could swear to the first piece—to the best of my knowledge, they all belong us, but there are so many alike, I cannot swear to them—I think they are such as we had in the shop at that time—she did not say any thing about them, that I remember.
Cross-examined by MR. ADOLPHUS. Q. Is there any mark that you can swear to? A. No, but they are like such as were in the house, and which we deal in—I have heard the prisoner say she has recommended other customers to the shop, and I have reason to believe she has—I have heard of her having goods from the shop, and returning them, but I do not know the fact—I did not know where she lived, but she told us, and it found it was true.
JOHN CRICHTON NELSON . I am in the service of Mr. Evans. I attended to the prisoner—she asked for some calico, and after that, for some ribbon—this brown and pink ribbon was in the box which 1 brought to her—these others were in a basket, which was brought by another servant, and put before her, I believe, but I was not there at the time—I saw this piece of brown and pink ribbon in her hand, which she put tinder her shawl—she did not mention that she had got it—I communicated what I saw, to Saxon—when she asked for some ribbon, I put two drawers of ribbon before her, to the best of my "recollection—they did not suit be, and I left them before her while I went for another drawer—I saw her deliver this brown and pink ribbon to Saxon, in the counting-house—I heard her asked if she had any more—she said, "No"—I saw the officer find these other three pieces of ribbon in her silk bag—she merely asked to be forgiven, as it was her first offence.
Cross-examined. Q. Did you see her take the brown and pink ribbon from the box? A. Yes, I was standing on the opposite side of the counter, while my eye was on her—her eye might be on me.
JOHN HARDING (police-constable E 65.) I was sent for to Mr. Evans's shop—I received the prisoner in charge—I searched her silk bag, and found these three pieces of ribbon—I asked her if she had any other property which did not belong to her—she said she had a piece of silk at home that she stole about a fortnight before—I went to her house.
Cross-examined. Q. You found three pieces of ribbon in her bag? A. Yes—she stated where she lived, and I found it true.
Cross-examined. Q. Have you known the prisoner some time? A. Yes, for a length of time—she had dealt regularly, and I believe recommended a good many people—I had every confidence in her—I appear here with reluctance to prosecute—her husband gave me some bills of exchange, and some money, and the Magistrate recommended me to return them, which I did.
(The prisoner received an excellent character.)
GUILTY. Aged 45.—Recommended to mercy by the Prosecutor and Jury.
Confined Three Days.
GUILTY. Aged 16.— Judgment Respited.
2800. SARAH RIPPER was indicted for stealing, on the 28th of August, 1 pair of shoes, value 2s. 6d.; 1 jacket, value 12s.; 1 waistcoat, value 2s.; and 1 pair of trousers, value 10s.; the goods of Charles Davis, her master; to which she pleaded
GUILTY . Aged 55.— Confined Six Months.
GUILTY . Aged 50.— Confined One Month.
GUILTY . Aged 25.— Confined Four Months.
GUILTY . Aged 17.— Confined Six Days.
2804. GEORGE BELL was indicted for stealing, on the 6th of October, 5lbs. weight of beef, value 2s.; 2lbs. weight of mutton, value 1s. 1 1/2 lb. weight of suet, value 3d.; and 1 kidney, value 1d.; the goods of Thomas Fletcher, his master.
THOMAS FLETCHER . I live in Con naught-terrace, and am a butcher—the prisoner was in my employ. On the 6th of October I saw a blue frock concealed between the wainscot of my passage and the shop—it was yond my reach—I took a stick and touched it, and heard a dish rattle a little further round—I then got a policeman to watch my premises—I have no doubt this mutton and beef are mine, and the suet I can swear to.
Cross-examined by MR. PHILLIPS. Q. How long have you been in business? A. Nearly fifteen years—the prisoner has been with me since April—he went to market for me three or four days a week—I did not always give him the money—I never sent him to purchase on his own credit, and never knew of his pawning his watch to get goods for ray shop, or of his pawning any thing—I generally sent some money to market—I once sent a bill enclosed to a certain party, confidentially, which was refused—I had not credit with the person—I expected to get credit, not having money—the prisoner has never supplied me with goods or property of his own when I could not get credit—my credit is not good in the market—I owe the prisoner 5l. 19s.—I have never been applied to for it, except from his father—his father applied to me for his wages, and I withheld them on one particular account—I told him I would send them on one occasion—I did not pay him, because I did not know how much I might be brought in debt for other things—I did not fix a day to pay him—I said I would not pay him till I knew what was owing at Newgate-market—I never said I would not pay him till after this trial was over—I did not say I would
send it him on the Wednesday—I said I would send him the money-the father came for the prisoner's clothes—I sent a servant up with him and he took them.
Q. How long is it ago since an accident happened to your scales? A. I am sure I do not know—I always regulated them every morning but I had not regulated them one morning, and they were found rather short of balance by the Jury when they came—that was the only day that I forgot to regulate them—they are elm scales, and they will vary according to the weather—I regulate them with lead, so that they may be on a balance—I think the Jury came to my house about eleven o'clock—I had sold something that morning—the Jury did not cut up my scales—they chopped a chain or two—I got one new scale, and got the other regulated by, a scale-maker—I was fined 5s.—The Jury come once a month—they came by surprise.
Q. From the time the prisoner came into your service, have you ever paid him a single shilling? A. No, but Mrs. Fletcher did—she is not here—I do not know how much she paid him—she paid him according as he requested it, with the exception of one occasion—on one occasion be requested leave to go into the country—there was 6l. 6s. due to him—he requested to have the money, and she paid him 3l., leaving 3l. 6s.—I did not see it, but she told me so—I think she had paid him in my presence—I will not swear it—he never asked me for his wages—he might have asked my wife in my presence—I do not remember that he has asked for wages repeatedly, and could not get a farthing—I do not remember that I have asked him to take a few shillings at a time—I might have been present when he has been asked to take a few shillings at a time, and I not hear it—I might have heard it—I cannot call to recollection whether I did or not—the only amount that I know he received was that 3l.—I cannot swear that he got that—he was to have had 12s. a week—he never applied to me for wages, that I swear—the first application I had was from his father—I did not refer his father to my wife, as she was not in the way—the first time his father applied I had not the money in the house—he applied twice—I had the money on the last occasion—I have no idea but that he can receive his wages at any time, if he is convicted or not.
Q. When you were first at the police-office did you not say you could not identify any of the meat? A. No; I said I believed it to be mine—I said I could identify part—I can identify this suet—this piece of steak I can identify from the piece it is cut off of—I had three persons in my house, the prisoner, and a lad under him, and a maid-servant—the prisoner had partly the management of my shop, but not almost entirely.
Q. Do you spend much of your time in the Quebec public-house? A. Yes, in the evening, and I have been there from two to four o'clock in the afternoon—I have been there perhaps two or three days a week—I have been at the Clanricca public-house perhaps an hour or two in the week—I never was in the Horse and Groom public-house in my life to sit down—I have been in there, and taken a glass perhaps, two or three days in a week—there is no place to sit down there—I have sat down in the other houses—I will not swear that I have not sat down when I could not stand—this meat is not worth much now—I valued it at 3s. 6d.—I can swear to part of it, but part of it may not be mine—I have not the least doubt of its all having been in my shop—I think the prisoner had been to market for
me on the Thursday, the Friday, and the Saturday before he was taken—I think I gave him on the Saturday, when he went to market, 5l.—he laid out, I think, 5l. 15s.—he told Mrs. Fletcher he paid the 15s. out of his own pocket—I do not know how often he has paid for me when I had not given him money to pay, but whatever he has paid has been returned to him by Mrs. Fletcher when he brought the notes, but latterly he has not brought notes—I did not see Mrs. Fletcher pay him the 15s., but I should say the did pay it—I should say that I have seen her pay money to him which he has advanced in Newgate-market, but really I do not recollect how often nor to what amount—it is down in the book, but I have not brought it here—I do not know what was the largest sum I ever trusted him to go to Newgate-market with; it was upwards of 20l. I know.
Q. Did you say any thing to this effect, that you would not be questioned, and if you were not asked any questions you would be lenient to him? A. Yes, at his father's request—I did not say if I was questioned I would press as severely as possible against the prisoner—I said nothing of the kind—when he was remanded, I came back and I met his father in the Court—he said, "They have employed a solicitor"—"Very well," says I, if they employ a solicitor and cross-examine me, I must enter fully into the case"—those were the words I used—the fact was this, his father was a very respectable man I understood—I had nothing in my mind except good feeling towards him—I did not know who was robbing me—I know I have been robbed to an enormous amount.
WILLIAM PARSONS . I am an officer. I was sent for, and waited outside the prosecutor's house till half-past ten o'clock on Sunday morning, the 6th of October—I then saw the prisoner come out with a bundle—I followed, and came up to him—I said, "Yon have got some meat belonging to Mr. Fletcher"—he said, "It is all right"—I said, "I don't know, I think you had better come back to Mr. Fletcher"—he said, "Don't be too hard, it is only a bit of steak"—I took him back, and he had this meat and the kidney.
Cross-examined. Q. You were very quiet with him? A. I said he must go with me—I took him by the arm, and said he was my prisoner—another constable came up—that was the reason he showed no resistance—I never said to him, "Oh d—you, come along, once bit twice shy"—he did not say, "Don't be too rough"—he said, "Don't be too hard, it is only a bit of steak," and when he got back to Mr. Fletcher, he repeated the same—the meat was fresh when I took it—I salted it by Mr. Rawlinson's order—the kidney turned, and I threw it away.
NOT GUILTY .
Sixth Jury, before Mr. Sergeant Arabin.
MR. BODKIN conducted the Prosecution.
JAMES BATES . I am an officer, employed in the Birmingham and London Railway police. On the 1st of October I was desired to watch a work-shop of theirs at Camden-town, in Chalk-farm-lane—I stationed myself there about twelve o'clock in the day, which is the time the people leave for their dinner—I saw Street in an enclosed place, which is no thoroughfare, and where no person has any right to be, except they go
expressly for any thing—there is a window which opens from the back of the work-shop into that place, about four feet from the ground—I saw Street in that place, making towards the window—I saw him go up to it—I was directly opposite the window in Chalk-farm-lane, looking down upon him—when he got to the window I saw the prisoner Crumble (whom I had never seen before) come and talk to him for about five minutes—while they were talking Street turned round and looked at me—I was then satisfied that I was observed—I went back to where I could see them, and they not see me—while I had been looking at them Street's hack was towards me, and Crumble's face—when I went back I saw Street take; handkerchief out of his pocket, put it in at the window, and bring it out with something in it—he then came back to the rails and saw me—I got through the rails, and he ran down to the window and I after him-just as I got to the window he had got a stone bottle out of the handkerchief, and put it in the window—he put the handkerchief into his pocket again—I then told Street he was my prisoner—he begged of me to let him go, and said it was the first time—he wanted to go on his knees, and put up his hands, and said he had a wife and six children—he said, "There is only us two, let me go"—I stood at the window, and saw the bottle inside—I called, but no one answered—I took Street round to the shop, and took possession of the bottle—this is it—there was no one in the shop-time is the front-way out of the shop, through which any one could have gone and left it—I then called Jackson, another constable, and asked him where the painter was—he said he dared to say he was at Chalk-farm at dinner—I said, "Go and fetch him"—he went and brought the prisoner Crumble—I said, "That is the man I want, take him into custody"—I have since examined, near that window, and find there is a little bench, just inside the window—from the means I had of observing Crumble I hare not the slightest doubt of him.
Cross-examined by MR. CLARKSON. Q. What is the height of the window from the ground? A. I should think four feet outside, but it is more inside—it is not glazed, it is a wooden door on hinges—it throws open—it may be four feet and a half long—I was in the road which passes at the back of the work-shop—you can look straight from the road into the window, and see persons in the shop at work—the road is about twenty yards from the window—there are rails round the ground—when they saw me I got over the crown of the road, where they could not see me from the window—I was stooping down—I have been in the Railway police about five weeks—I went there from the City police—I cannot tell whether I resigned or was discharged.
Cross-examined by MR. DOANE. Q. Is that as true as the rest of your answers? A. I never was told I was dismissed—I was reported for walking with a female on my district—the man that reported me was discharged—I was suspended for a week, and I never went there again—I told the Directors of the railway that I had been suspended—I watched Street is the enclosed place, but I did not see him come in—he had not the bottle when I first saw him—I did not see them in conversation with Atkinson, the foreman—I believe the men engaged on the railway go to have refreshment at the Chalk-farm tavern, which is very near there.
MR. BODKIN. Q. Could Street have pulled that bottle out of his pocket with his pocket handkerchief? A. No he had nothing to do with the company then—he has worked for them.
JOSEPH JACKSON . I am a Birmingham railroad policeman. At a little after twelve o'clock, on the 1st of October, I saw Street in custody of Bates—I went to the Chalk-farm tavern, and found Crumble at his dinner—I brought him back to where Bates and Street were—the men leave at twelve o'clock, to go to dinner—the carpenter and the smith usually worked in the shop where Crumble did, and, usually, all went to dinner together, but on that day I saw the smith and the carpenter go together, but I did not see Crumble go at all—they went, and left Crumble alone in the shop—he worked in that shop as a painter.
Cross-examined by MR. CLARKSON. Q. Was there more than one painter there? A. Not to my knowledge—I have been there two years, and never saw more than one—I was not in the work-shop that day till Bates called me in and asked me to look for the painter.
Q. Did you say that there was more than one painter? A. I believe I might have made use of that word—I cannot say, I am sure, whether it was so, or not.
Q. Upon your oath, did you not tell him there were two painters, and ask him which he wanted? A. Yes. I believe I did—I have no doubt about it—I do not know the name of the other painter—I cannot say whether Bates told roe he did not know which he wanted—I told him I knew there was one who went to Chalk-farm tavern to dinner—he said, "Bring that one, then"—I brought Crumble down, and Bates said, "That is the man.
JOSEPH ATKINSON . I am foreman of the carpenters in the railway. Street worked there—it is about two months since he was discharged—on the 1st of October, about a quarter before twelve o'clock, he asked me for a job—I told him we did not want any one at present—that was in the shop where Crumble was at work—I was standing by Crumble's side at the time—Street had no bottle or any thing in his band then that I could see—I have looked at this bottle, and this japan—the company had japan of this kind, as near as I can tell—it is the same, or the same sort of japan—Crumble had access to all the colours we use—this is a gallon bottle—I do not know how much japan there is in it, but I know the japan was delivered at 15s. a gallon, and on the Saturday before the 1st of October, we had ten gallons of it in—I have compared this japan with what we had in, and they appear to correspond, as near as I can tell—it is black japan.
Cross-examined by MR. DOANE. Q. You are not so good a judge of these things as a painter? A. No—there is nothing peculiar in this japan—Street had worked there for Crumble.
MR. BODKIN. Q. How long is it since he worked for Crumble? A. I think it must be eighteen months ago—he had no authority to be on the premises on the 1st of October.
HENRY PHILLIPS . I am clerk to the Justices at Mary-le-bone police-court—when these prisoners were examined, I took down accurately the statements they made—they were read to them, and I asked them if that was what they said, and they answered, "Yes"—that was in the presence of the Justice—these are the statements they made—(read)—"The prisoner Crumble says Street came and spoke to Mr. Atkinson, and asked for a job—I asked Street to go to dinner with me—he said, 'No, I shall go straight home'—I went straight to my dinner, and had been at dinner ten minutes when the policeman came—I did not give him the varnish—
there is no place in the shop to screen such a bottle. "Street says What the constable says is not true—I brought the bottle with me—I doubled it in my handkerchief, and rested it on the ledge of the window-it was full when I brought it from home—I bought it from Mr. Townsend in New-street Mews, three weeks ago."
GEORGE TOWNSEND . I am a coach-maker, and live in New-street Mews. I know Street—I have seen this japan and bottle—I did not sell it to Street three weeks before he was before the Magistrate, nor at any other time—not in this state.
Cross-examined by MR. DOANE. Q. Have you not occasionally sold him japan? Q. Yes, I cannot take upon me to say that this may not be the result of purchases which he has made, but I never sold him so much as this at one time.
MR. BODKIN. Q. How long was it before he was before the Magistrate, that you sold him any? A. About six weeks before I sold him quart, and I had sold him some just before he went on the railway—I suppose about two months before—he has had it in pots occasionally, and in cans and a bottle.
NOT GUILTY .
HARRIET SHUCKFORD . I am single, and keep a linen-draper's and milliner's-shop at Brentford. On the 10th of October the prisoner and another person came and bought a cap and a frock-body, and went awaythey were strangers to me—the same evening a frock-body was brought to me, which is mine—this is it—I had not sold it to them—it is worth 3s. they were both in custody then.
JOHN WILLIAMS . I am shopman to Mr. Stewart, a linen-draper at Hounslow. The prisoner and her companion came to our shop on the same day—the other person bought one pair of stockings—she then desired to look at some caps, and was some time before she made a choice—from the prisoner's manner, I suspected she was concealing something-as I was putting the boxes away, I saw her go out with this print under her shawl, which is Mr. Stewart's—she was followed, and taken, and in her bosom was found this frock-body.
Cross-examined by MR. BALLANTINE. Q. Did you find she had been having some drink? A. She had been drinking, but knew what she was about.
(The prisoner received a good character, and her former master promised to receive her again into his service.)
GUILTY. Aged 19.—Recommended to mercy — Confined One Month.
ANN BURN . I am the wife of Kayrn Burn. I sent my child, Ann Burn, to school, on the 26th of September, with my handkerchief round its neck, and it came back without it—I made inquiry, and found it—this is it—(looking at it.)
prosecutor's child, who was standing at the corner of a court—the prisoner took the handkerchief from the child, and ran away—I pursued, and gave him into custody—the handkerchief was found on him.
GUILTY . Aged 18.— Confined Six Months.
2808. ELIZABETH NORTH was indicted for stealing, on the 16th of August, 2 bed-gowns, value 4s.; 1 table-cloth, value 3s. I petticoat, due 1s. 6d.; and I sheet, value 6s.; the goods of John Hardiman her master.
JOHN HARDIMAN . I live in Wright's-lane, Kensington. The prisoner lived with me in 1838, as a weekly servant, for five months—she went away without warning, and I missed the articles stated—I gave information, and she was afterwards taken—I have never found my property.
Cross-examined by MR. BALLANTINE. Q. I suppose you did not know much of the petticoat? A. Yes—it was a white one—it belonged to my wife, who is not here—I know one white one was missed—I do not know that I should know it again—I had no other servant at the time with me—I am an omnibus driver—I missed these articles all at one time.
THOMAS PRICE . I am a policeman. The prisoner absconded from her situation on the 29th of September, 1838, and her master gave information—on the 30th of September last I received information that she was at a house in Kensington Gravel-pits—I went, and met her in the passage—I told her I wanted her for Mr. Hardiman's things—she said, "If you will wait while I get a cup of tea. I will go and set it right—I waited—she sat dawn, untied her pocket, and tried to put it behind, her—I said, "I must take it"—she then said she had taken one article, but she knew nothing about the others—I found the duplicates of them all in her pocket—she at last said, "I took the things and pledged them."
Cross-examined. Q. Did you get the things? A. No, the time was out, and they were all sold.
COURT. Q. Did you hear what she said before the Magistrate? A. Yes, and I saw the Magistrate sign this examination—(read)—"The prisoner says, I own to the sheet, the petticoat, and the bed-gown, but I am innocent of the books."
(The prisoner received a good character.)
GUILTY. Aged 43.—Recommended to mercy.— Confined Three Months.
OLD COURT.—Friday, October 25th, 1889.
Third Jury, before Mr. Sergeant Arabin.
2809. RICHARD GRAY was indicted for stealing, on the 25th of September, I watch, value 3l.; 1 pencil-case, value 6d.; I purse, value 6d.; and 8 shillings; the goods and monies of John Mills; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 19.— Transported for Fourteen Years.
GUILTY . Aged 13— Confined Three Months.
Before Mr. Justice Bosanquet.
KENNETH POOLE . I am a bill-broker, and live in Spread Eagle-court, City. The prisoner came to my office, I think, in March last, and brought this bill of exchange—(produced)—I took it from him, and advanced him 40l. on it—I afterwards took it to Reginald Kemp, and gave it to him—it purports to be drawn by William Hay worth, who is, I believe, a relation of the prisoner's—I know him.
Cross-examined by MR. PHILLIPS. Q. How long have you known the prisoner? A. Some months—I did not know Mr. Hayworth personally—I was introduced to the prisoner through Brommel and Company's clerk—they are highly respectable persons—I did not know where he lived.
NOT GUILTY .
Before Mr. Baron Gurney.
2812. JOHN RIPPEN was indicted for unlawfully, maliciously, and feloniously assaulting John Bullock, on the 3rd of October, and cutting and wounding him upon his face and left cheek, 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.—4th COUNT, to resist and prevent his lawful apprehension and detainer.
ELIZA KING . My father keeps the Cart and Horses public-house, in Clerkenwell. The prisoner came to the house on the 3rd of October, in the evening—I do not know at what time he came in—he had been in the house before the disturbance took place—in the course of the evening there was a disturbance, and I went into the tap-room and saw him quarrelling with some people there—I begged him to be quiet—he answered, "It is not my fault"—I said, "Well, sit down, and take no notice and be quiet"—I left the tap-room again—I again heard another noise, and entered the room again—I then saw him standing by the fire-place, and a chimney-sweep standing by the door with a little blood on his face, as if he had been struck by somebody—I again begged of the prisoner to be quiet, and not to ill-use the sweep, for he was tipsy—he said I had nothing to do with it—I said I had a good deal to do with it, for there was a disturbance in the house, and I could not suffer such conduct there—he then threatened to strike me, and used very bad language—I was frightened, and said, I supposed he took advantage of me because my father and brother were absent—I came out, and sent Miss Smith for my brother John, who lives next door—he came in, and requested the prisoner to go out quietly—he insisted on being served with a pint of beer—I told him I would not draw him any more—my brother sent for a policeman—during this time he was calling my brother names, and wrangling with him—I cannot state what he said—he was saying he would not go out—the policeman Bullock came as I was standing at the door—I called my brother to the door, and he gave the prisoner in charge—the Policeman asked me if I would appear against him if he was taken to the station-house—I said, "Yes"—Bullock then went into the tap-room, and what
he said to him I cannot say, but he came quietly from the tap-room door to the street door, and there I saw him scuffle with Bullock, apparently trying to throw him down, and by and by I saw Bullock bleeding—finding there was no other policeman near to protect him, 1 called out "Police," as loud as I could, and assistance came—after the mob had dispersed from the door, a man picked up a knife, which I looked at and returned to the man, and told him to take it after them—it was a white handled pocket-knife, with the point broken off—I cannot recollect what I or my brother said to the policeman when he first came, but I think my brother said be had been attempting to strike me, and making a disturbance in the house—I cannot say what time of night this was—it was before ten o'clock, but we had no clock in the house, as it was gone to be repaired.
Cross-examined by MR. PAYNE. Q. Was the prisoner a customer, in the habit of frequenting your house? A. Yes, I believe he sells cat's-meat about in a barrow—there might have been about a dozen people in the tap-room at first—I cannot tell exactly—the prisoner was not quarrelling with a man named Turner—I do not know whether he was in the tap-room—I know he was in the house—I believe the prisoner was sober—it was not became he was intoxicated that I refused to serve him any more—I cannot swear what my brother said to the policeman—the prisoner did not strike me, nor attempt to do so, but he threatened it.
JOHN KING . I am brother of last witness—I was sent for, and came to the house—I found the prisoner there—he wanted some more beer, my sister would not serve him, and I told him to leave the house—when, I came in, she complained that he had threatened to strike her—I can hardly remember whether that complaint was made in his presence, but to the best of my recollection it was—she said he had threatened, if she did not serve him with more beer, to knock her head off, and when I came in be wanted more beer—I told him to leave the house—he said if I offered to meddle with him, he would knock my head off—I then sent for a police-man—Bullock came—I told him to take him away, as be had threatened me and my sister—Bullock told him he must go with him—he went out of the tap-room door with him quietly—when he got to the street-door, just stepping out, he put one arm round Bullock, and jobbed him in the face with the other hand—I suppose it was with a knife, but I did not see it, I saw blood flow immediately all over the prisoner from Bullock—Bullock held him for some minutes after he was stabbed—they struggled—the prisoner put his legs between Bullock's, as if to throw him, but Bullock turned him on his back before he left him—other policemen came to his assistance after some time, as I called for the police—he was taken away, and Bullock was taken to the surgeon's—I was not there when the knife was found.
Cross-examined. Q. Was he standing quietly before the fire when Bullock came in? A. I did not take particular notice, I cannot say whether he was or not—Bullock went in first, and I followed—I did not see him till Bullock took him in charge—he just put his hand on him, and said "You must come along with me"—he might have put his hand on his arm—I was within a yard and a half of him—to the best of my recollection, I think he was standing by the table when Bullock went in, but I do not recollect.
King—they said the prisoner had been making a disturbance, and threatening their lives, and they gave him into custody—he was standing at the fire-place in the tap-room—I said to him, "You must go with me to the station-house"—he walked very deliberately with me—I took slightly hold of his right arm—he walked to the street-door with me, he then took hold of me, clasped me with his left hand, and plunged the knife into my face with the other—he put his legs between mine, and tried to trip me up—I caught him by the collar, and put him down backwards—I scuffled with him some time, assistance came, and secured him, and I went, with t he assistance of two men, to the surgeon's—I was wounded in the left cheek, and have been ill ever since from it.
Cross-examined. Q. Every thing was quite quiet when you went in was it not? A. Yes, I saw no disturbance—there were six or seven persons in the tap-room, low sort of persons, sort of costermongers—Turner was there—it was a few minutes after eight o'clock.
JOSEPH GINGER . I am a policeman. I took the prisoner into custody from Bullock, who was bleeding very much at the time—I took the prisoner to the station-house—I produce a knife which I received from a person in the crowd—there was blood on it.
MARIA MATILDA SMITH . I was at the house on a visit. I beard the prisoner say to Miss King, that if she did not draw the beer he would knock her head off—the policeman was sent for—I saw him go into the tap-room, touch the prisoner on the shoulder, and tell him he must go with him—he went quietly out at the tap-room door, until he got to the streetdoor—I then saw him put his left hand on his shoulder, and with his right hand plunge something into his face—I did not see what it was—I saw blood follow—after the prisoner was taken away, I saw a man pick up a knife, and give it to Miss King—she gave it to the man again, to take to the station-house—(looking at one)—it was such a knife as this.
HENRY STENTON . I am foreman to Mr. Stapleton, a scavenger. I was having a glass at the bar—I saw Bullock come in, on being sent for—Mr. King gave the prisoner into his charge for having threatened the life of his sister—Bullock said, I shall consider you in my custody," and took hold of his arm—he walked quietly to the street-door from the tap-room door—when he got outside the threshold of the street-door, he took out of his right side breeches-pocket a white-handled knife, and thrust it into the policeman's cheek—the knife was open at the time, and unbroken—Bullock said, "I am stabbed," and he fell on my left shoulder, bleeding—there was a scuffle after that, till assistance arrived—I took Bullock to surgeon, and the prisoner was taken to the station-house.
Cross-examined. Q. Was he not given in charge for disorderly conduct, and threatening to strike Miss King? A. I understood Mr. King to say disorderly conduct, threatening the life of his sister—not threatening to strike her.
COURT. Q. Did you not say before the Magistrate, "for disorderly conduct, and threatening to strike his sister?" A. Yes—the policeman had not struck him in taking him to the door.
WILLIAM TURNER . I am a farrier. I went to the public-house to have a pint of beer—the prisoner was there before me—I saw him Pull a knife out of his right-hand pocket, and say he would stab the first one who should take him—that was about four minutes before Bullock came—when Bullock came Mr. King gave charge of him—Bullock said, "Do you wish to
give him in charge?"—Mr. King said, "Yes"—I heard no more—I did not remain longer, and did not see him stabbed—it was a white-handled knife I saw the prisoner take out—I believe the knife produced to be it—it was open and whole when I saw it—he placed his right hand in his pocket, with the knife in it, open, after using those words.
Cross-examined. Q. Where did you live? A. In George-yard, Leather-lane—I work for myself—I was quite sober—I had not been in the house more than twenty minutes—I was in the tap-room about ten minutes—the prisoner stood before the fire, and I was by the table—my arm almost touched him—there were about six or seven people there when the policeman came.
COURT. Q. Did the policeman strike him, or do any thing to him? A. No.
JAMES EDMESON . I am a surgeon. The prosecutor was brought to me on the evening of the 3rd of October—he had an incised wound on the left cheek—it produced a considerable effusion of blood—the wound passed in a direction between the eye and nose, and directly downwards to the jaw—it was about three inches long, and passed entirely through the cheek at one point.
Cross-examined. Q. I believe the wound was not dangerous in itself? A. No—the man was in no danger, except from loss of blood—I do not apprehend any danger now.
GUILTY* on the third Count— Transported for Fifteen Years.
Before Mr. Justice Bosanquet.
2813. JAMES MURPHY and THOMAS NELSON were indicted for a robbery on John Russell, on the 29th of September, and taking from his person, and against his will, I hat, value 6d.; I jacket, value 1s. 6d.; 1 pair of shoes, value 1s.; and I half-sovereign; his goods and monies; and immediately before and at the time of the robbery, striking, beating, and using other personal violence to him.
JOHN RUSSELL . I am cook on board the Mary, of Hamburgh, and lodge in Bluegate-fields, Shad well. On a Sunday night, at the end of September, I was going home about eleven o'clock, and as I came down from the Angel public-house I saw four men coming towards me on the other side of the street—I never saw them before—the prisoners were two of them—Marphy said, "Give us a bit of tobacco"—I said I had none—Nelson came up, pulled my right arm, and struck me in the face directly against my mouth—it knocked my tooth out, and made it bleed—Murphy put his leg between mine, and tripped me up on my back directly—when I was down Nelson put his hand to my throat, and kept me down—they held me down for a quarter of an hour, and Murphy took my shoes off my feet, and my hat oft my head—I was hurt in my mouth, and they squeezed my throat, and made it sore—I lost a jacket, with a half-sovereign in the left pocket—they went away down Gravel-lane—I got up and went after them—I saw the officer was coming, and he asked me what was the matter—I had called out for help—I and the officer went on together—he caught both of the prisoners together—Murphy had my shoes under his jacket, and my hat on his head—as soon as the officer took him he dropped my shoes—I picked them up, and he shook my hat off his head—the jacket was brought to my landlady by a woman next day—the money was not in it then—I had seen the money in the pocket at the Angel public-house, where I had taken a glass of gin just before.
Cross-examined by MR. PAYNE. Q. Are you quite sure about Nelson touching you? A. Yes—I have never said I was mistaken in him—there was a lamp over a door—I had had nothing to drink but a glass of gin—Nelson was not taken at the time Murphy was—he came to the station—house afterwards—Nelson's father has given me a sovereign since this to go down to Gravesend—I never said I would not appear against them—they coaxed me to do it, but I said I could not forego the charge—the other men got away—three of them were on me all together—one of them said, "Let the poor man be"—I am quite sure that was not Nelson he kept me down—the money did not belong to me, but the steward, and I took what Nelson's father gave me to give to the steward—Nelson's father coaxed me to take it—I have got my property back—I never said I wanted 17s. from Nelson's friends—I never asked them for any thing—I never said I had been fighting on Sunday night, and had pulled off my jacket and bat, nor that I was drunk.
COURT. Q. I thought you said the policeman stopped both the prisoners? A. Yes—they were both taken together—Nelson did not come to the station-house of his own accord—I meant that a man named Ireland came of his own accord—there had been no fighting at all.
THOMAS HENRY ELLIS (police-constable K 35.) About half-past twelve o'clock, on the night in question, I was going down Ratcliffe-highway, and saw the two prisoners, with two others, run out of Palmer's Folly, in a direction from Bluegate-fields—they ran towards Old Gravel-lane—the prosecutor followed them in about two minutes, without hat, jacket, or shoes, bleeding at the mouth—in consequence of what he told me, I pursued and overtook the two prisoners and the other two together, in Old Gravel-lane—just as I got up I saw Murphy drop a pair of shoes from under his jacket—I laid hold of him—he shook his head, and the bat fell off—I told Russell to take it up and take care of it—I also seized a man named Leary, who was one of the four—I took Leary and Murphy to the station-house, and Nelson followed close behind—I lodged the two prisoners at the station-house, then came out and apprehended Nelson—the fourth made his escape—Russell said Nelson was the one who ill-treated him directly I took him—he denied it—Russell was sober.
Cross-examined. Q. Did not Nelson first say he did not ill-use him at all? A. No, not till after Russell had said he was the one who ill-treated him—they were about 100 yards from where this happened when I saw them—I did not hear any cry untill Russell came up—Leary was discharged by the Magistrate—Nelson did not attempt to get away. (Property produced and sworn to.)
MURPHY— GUILTY . Aged 37.— Transported for Fifteen Years.
NELSON— NOT GUILTY .
Before Mr. Baron Gurney.
THOMAS GEORGE SHELTON . I am an agent to a hosier in Wood-street The prisoner has been in my service four years and a half, in the situation he held at the time in question, and he was there before me—on the 4th of October I gave him a parcel to take to the Bull-and-Mouth inn, to be sent by mail to Davis and Wilson, Nottingham—it contained three 10l. and one 20l. Bank of England notes—about three days afterwards I received intelli-gence
from Nottingham, in consequence of which I asked the prisoner who he gave the parcel to—he said he gave it to one of the clerks in the office at the Bull-and-Mouth—I told him that the parcel containing the notes I gave him on the 4th had arrived, but neither the letter or notes—I took him to the coach-office, and he pointed out the man he gave it to—they acknowledged receiving the parcel and sending it, but I could learn nothing farther—immediately after receiving the information I looked for a list of the numbers of the notes, which I had placed on a desk, with a weight on them, and I missed it—I asked the prisoner if he knew any thing of it—he said, "No"—I looked in all directions, and he did the same—we could not find it—I went to the Bank of England, and got the number of a note I took from the Bank that day, and I went to Glynn's, where I had received three 10l. notes that same day—I immediately went to the Bank of England, and stopped the notes, and at the same time ascertained that one of the 10l. notes had been brought in on the 5th of October—that is not here—it is at the Bank—I traced that note, and found on it the signature of "D. Newman, 14, Wood-street"—I went that evening to the Mansion-house, got a search-warrant, and Forrester went with me to the warehouse—I accused the prisoner of having stolen the notes, and said, "Here is an officer, I give you in charge for having stolen the notes inclosed in my parcel"—he said, "No, no"—I said, "You had better admit the fact, Stephen, it will be better for you"—he afterwards desired to see me in private—he wished me to go home to his lodging—I went with him and the officer to his lodging, and there he gave me two 10l. notes and nine sovereigns, and begged forgiveness.
DANIEL FORRESTER . I am an officer of the City. I went with the prosecutor, and afterwards went with him and the prisoner to his lodging—as we went along I asked him for the key, which he gave me—when I got into the room he pointed out a box in a cupboard, which I opened, and found two 10l. notes, 9l. in gold, and some articles which be said he had bought-—I produce the notes.
Cross-examined by MR. BODKIN. Q. Were you present when Mr. Shelton made a promise to the prisoner? A. Yes.
OWEN THOMAS WILLIAMS . I am clerk to Messrs. Glynn and Co. These two 10l. notes, Nos. 57,591 and 54,714, both dated the 10th of April, 1839, I paid away on the 4th of October—I do not know to whom, but it was in part payment of a cheque of 30l. 7s. 6d., drawn by Durrant and Co.—I have my book here in which I entered the numbers.
MR. SHELTON re-examined. I received the notes myself from Messrs. Glynns, in payment of a cheque of Durrant's, and those notes I put into the parcel—these are two of the three tens.
Cross-examined. Q. The proprietor of your business is Mr. Lowe, of Nottingham? A. Yes, the prisoner was his servant—I am paid by a salary—the money I enclosed was my own, not Mr. Lowe's.
GUILTY of Stealing, but not being a Servant.—Recommended to mercy by the Prosecutor and Jury.— Confined Twelve Months—One Week in every Six Solitary.
Before Mr. Justice Bosanquet.
2815. WILLIAM MERRITT was indicted for unlawfully, maliciously, and feloniously assaulting Elizabeth Merritt, on the 29th of September, and stabbing, cutting, and wounding her in. her left arm, with intent to maim and disable her.—2nd COUNT, to do her grievous bodily harm.
THOMAS DONAHOO . I am a surgeon, and live in White Horse-street. Stepney; the prisoner and his wife live in Honest Lawyer-court, White Horse-street. On Saturday, the 28th of September, about seven o'clock in the afternoon, I was sent for to their lodging—a woman came for me—I found the prisoner there, and three or four women with his wife and a man—I knew the prisoner, having attended them several times—he appeared to be crying and was supporting his wife, who was bleeding from the arm—she had an incision on the left arm, five inches long and three quarters of an inch deep—it appeared dangerous—there was considerable effusion of blood—it appeared to have been done by some sharp instrument—it must have been done first with puncture, and then the instrument drawn downwards—there was only one wound—I put in six or eight sutures, and strapped it over with adhesive plaster—I said to the prisoner that I was quite surprised that he should do so (the woman who fetched me had told me something)—he said I should not be surprised if I knew the cause, and at another time he would tell me the cause—be said he had threatened her twenty times, and that it was through jealousy—a knife was shown to me at Lambeth-street, which I should say would do the injury—she was taken to the hospital—I did not attend her there—I have seen her since she has left the hospital—she has got pretty well—she cannot use her arm as she did before—the wound is not calculated to produce permanent injury—I should think in a week or two longer it will be quite recovered.
WILLIAM SHAW . I am a policeman. I was called to the prisoner's lodging on Saturday, the 28th of September, and saw him and his wife, and Mr. Donahoo attending her—she was bleeding profusely—I said to the prisoner, "Are you aware what you have done?"—he said, "Quite aware, and I had cause"—I saw a constable find a knife among others on a shelf covered with blood—the prisoner said, "Is the knife found?"—I said, "Yes"—it was shown to him, and he said, "That is it"—I took him to the station-house—as we went along he pointed over to a house, and said, "That is the fellow who is the cause of all this, and I should like to stick him to the heart"—he said he had threatened her twenty times, and now he had done it, and he did not care if he was hanged for it to-morrow morning—I cautioned him several times, telling him any thing he said I should feel bound to use against him—he afterwards said, "I will tell you how I did it, 1 took up a knife and I threatened her four or five times—we were in the dark, and I struck her, and when a light was brought I was stunned to see what I had done"—he said it was an old jealousy, an old grudge, an old quarrel—he was sober—he might have been drinking.
JOHN BOXALL . I am a policeman. I was called to the lodging, and saw the prisoner supporting his wife's head—I found a common tableknife on a shelf, it was bloody—there were more knives close to it—I showed it to the prisoner, and asked him if that was the knife—he said it was—he took the knife, and showed me which way he did it, holding it in his right hand, back-handed—I heard him say it was through jealousy, and heard him say, "I did not know what I had done, as we were in the dark"—he said he had threatened her twenty times—he appeared to have been drinking, but appeared sober then.
(The prisoner, in a long address, stated that he had been informed on the Saturday, that his wife was cohabiting with other persons, which preyed upon
his mind—on his coming home in the evening, he took out his knife to scrape some cheese—his wife said something to him, which he did not hear—he crossed the room to ask her what she said, with the knife in his hand, and she thinking he was going to strike her, made a rush upon him which caused the accident.)
GUILTY of an Assault only.— Confined Twelve Months—One Week in every Six Solitary.
Before Mr. Baron Gurney.
MR. JONES, on the part of the Prosecution, declined offering any evidence. NOT GUILTY .
2817. FREDERICK BOUGHTON and WILLIAM HOFFLER were indicted for stealing, on the 11th of October, 2 brooches, value 14s.; 3 studs, value 7s.; I pencil-case, value 2s.; I spoon, value 2s.; 2 snaps, value 2s.; 2 pairs of spectacles, value 2s.; 2 pairs of earrings, value 5s.; I pin-cushion, value 1s.; I watch-chain, value 4l.; 2 rings, value 1l.; I tea-caddy, value 2s.; 3 pieces of foreign silver coin, value 1s. 6d.; 4 half-crowns, 51 shillings, 22 sixpences, and 3 groats; the property of George Cook, in his dwelling-house.
GEORGE COOK . I am a cab proprietor, and live in Finch-street, Whitechapel. On the 11th of October, I lost the property stated—it was in a tea-caddy on a side-board, in my front room on the first floor—I had seen it at fire o'clock—I then went out, leaving my daughter in the house alone—I returned about half-past eleven o'clock in the evening, and all was gone—I found the tea-caddy the other night, down a water-closet in one of the prisoner's houses—I knew the prisoners before—Hoffler lives next door, and Bought on lives in Osborne-street, about one hundred yards off—a boy named Scott lived about the same distance.
ELIZABETH COOK . I am the prosecutor's daughter—he left home about six o'clock in the afternoon, and between five and six o'clock Hoffler came in—he lives next door—I saw him out of window—he asked me if he might come up stairs—I went down, opened the door, and he came in-Bought on and a little girl were with him—they came in together, and went into the loft—we played at blind-man's-buff for nearly half-an-hour, then a knock came to the door for the little girl who was playing with me—I went and opened it, and we all came down together, and all went out,—when I opened the door to let them out, Scott came and took the key away—he was gone about twenty minutes with it—he then crossed over the way—I went over and asked him for it—I was gone about ten minutes—I did not get it from him—I came over to my own door, and he threw the key over to me as I stood there—I had left the door open about ten minutes—I then locked the door, and was going up stairs when I heard somebody on the dung-hill which was inside the gates—the house is within a gate—I asked who was there, and he said, It is me"—it was Hoffler—I asked what he did there—he said he did it to frighten me—I unlocked the gate, and let him out—I did not see any body in the house but him then—it was between seven and eight o'clock—I did not go out afterwards till
my father came in—when he came home he missed the tea-caddy—I do not know how it went away—I had seen the two prisoners in company with Scott, between four and five o'clock that afternoon, playing in the street by the dead wall.
THOMAS MARSDEN . I live next door to Cook—I went to look for the prisoners on the Monday night after the robbery, which was on Friday—I found them both together in High-street, Whitechapel, between three and four o'clock in the morning—I took hold of them both—Boughton asked me would I betray him—I said, "Yes," and called out three times for a policeman—Boughton struggled very hard to get away from me—I held him tight—the policeman came up, and I gave them both into custody.
CHARLES PRICE . I am a policeman. I took Scott and another person named Hockin—they were discharged—I was present at the examination before the Magistrate—what Hoffler said was read over to him—I did not see the Magistrate sign it, and do not know his writing.
GEORGE COOK re-examined. I have no mark on the bowl of the spoon, but mine was turned up at the edge as this is—I cannot swear to it—I lost one, and I believe this to be part of it—these spectacles are mine, and were in the tea-caddy—the value of all the property is about 8l.
Hoffler's Defence. I found the spoon in High-street, Whitechapel.
BOUGHTON— GUILTY . Aged 14.
HOFFLER— GUILTY . Aged 17.
Confined One Week, and Whipped.
Before Mr. Justice Bosanquet.
2818. FANNY LEAT was indicted for stealing, on the 11th of June, 2 blankets, value 13s.; I sheet, value 4s.; I set of bed-furniture, value 10s.; 2 decanters, value 6s.; I counterpane, value 7s.; 2 pillows, value 9s.; and I flat iron, value 1s.; the goods of John Cannon.
JOHN CANNON . I am a dyer, and live in Newcastle-street, Strand, The prisoner hired a ready-furnished lodging at my house, on the 7th of June, and staid until the 4th of October—I went into her room that day, in consequence of information, and missed the articles stated, Which were in the lodging when she took it—she said voluntarily that she had pledged them through distress—she represented herself as a married woman—she carried on no business—a man passed as her husband, but I understand they are not married.
THOMAS CARTER . I am a policeman. On the 4th of October I was sent for to the prosecutor's house, and the prisoner was give into my custody—the prosecutor said he gave her in charge for robbing his lodging—I asked her where the duplicates were—she opened a drawer in the room, and said they were there—I took them out, and asked what duplicates they were—she said they related to property she had taken out of the lodging—I said nothing to induce her to say so—she said, For God's sake don't show them to the prosecutor,"
STEPHEN SHEPPY . I am foreman to Mr. Walmsley, a pawnbroker in Drury-lane. The prisoner pledged two pillows and a flat iron with us, on the 18th and 21st of September, for 3s. 10d.—the duplicates I gave her are among those produced.
ALBERT EVANS WASSELL . I live with my father, who is a pawnbroker in Pickett-street, Strand—I have two blankets, two decanters, a counterpane, a set of curtains, and a sheet, pawned between the 11th of June and the 20th of September, for 17s. 9d. altogether—I cannot say they were all pledged by the prisoner—the two decanters were certainly—the duplicates I gave were found on the prisoner.
(Property produced and sworn to.)
(The prisoner pleaded poverty.)
GUILTY. Aged 30.—Recommended to mercy .— Confined Six Months.
Before Mr. Baron Gurney.
JOSEPH DAVIES LEATHART . I live at Bays water. On the 16th of October, about nine o'clock in the evening, I was in Oxford-street, in company with Porter, a police-officer—I saw the two prisoners there, and watched them—I saw the male prisoner, after speaking to the female, turn towards the prosecutor's shop, where there were books on a ledge outside, and after being there a minute or two, I saw something pass from the male to the female—the female then came away from the shop one way and the man another—I crossed over, and asked the female what she had got—she said, "Nothing"—I took bold of her apron, and took from it these three books—Porter went and took the man.
JAMES PORTER . I am a policeman. I was in company with Leathart, I saw the male prisoner pass something to the female, as they were standing in front of the prosecutor's shop, the female then went towards St. Giles's, and the man the other way—I went after him—he ran about three hundred yards—I secured him in Crown-street, without losing sight of him, took him to the station-house, and gave information to the prosecutor.
Smith's Defence. I was coming from work—I stood up to read one of the books, but never passed them to any one.
Wild's Defence. He gave nothing to me but my apron, which fell off—I picked the books up off the rails.
SMITH— GUILTY . Aged 25.
WILD— GUILTY . Aged 20.
Confined Six Months.
JOSIAH LAPPAGE . I am a policeman. On the 9th of October, about eight o'clock at night, I was on duty in Stenney church-yard—I saw the Prisoner lurking about, and watched him—I saw him go to the back of the church-yard, turn round, and then get over a wall into Mr. Whitwell's garden
—I looked over the wall, and saw him walking in the garden—I got down, and, in about ten minutes, he threw over four pieces of copper pipe—he then came over after it, picked it up, put it under his arm, and was walking away, when I apprehended him.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined One Month.
Fourth Jury, before Mr. Recorder.
GUILTY . Aged 55.— Confined Three Months.
GUILTY . Aged 60.— Confined Fourteen Days.
GUILTY . Aged 27.— Confined One Month.
2824. SARAH WHITE was indicted for stealing, on the 18th of October, 1lb. 2oz. of bacon, value 9d., the goods of Ephraim North; and that she had been previously convicted of felony; to which she pleaded
GUILTY . Aged 54.— Confined One Month.
2825. HENRY WATTS was indicted for feloniously breaking and entering the dwelling-house of Edward Cambell, on the 18th of October, at Edmonton, and stealing therein 1 pair of shoes, value 4s., the goods of John Cooper: 1/2 lb. weight of sugar, value 3d.; and 1 knife, value 6d.; the goods of the said Edward Cambell.
SARAH STANTON . I am the wife of John Stanton, and live in a cottage at East Pole farm, Edmonton, next door to the prosecutor. Last Friday morning, between eleven and twelve o'clock, I heard somebody knock I Cambell's door—I looked out at my window, and saw the prisoner going in at the door—I am certain he is the man—I did not know him before—he was just going in at the door, and going to shut it—I watched for ten or fifteen minutes, and saw him come out—I asked if he would be so kind as to my dog out, which Cambell had locked in the house in the morning, when he went out—he said, "Yes," and did so—I did not see that he had any thing with him.
JOHN COOPER . I lodge with Edward Cambell. Last Friday morning I went out to work—I returned home about a quarter to twelve o'clock, and found the door locked—Mrs. Stanton gave me information, in consequence of which I broke the window open, got in, went up stairs, and found Cambell's box broken open, and his fiddle in a box which it used not to be kept in—I missed a pair of my shoes, which I had wow Sunday before—I saw them last Sunday on the prisoner's feet, at Enfield, and gave him into custody.
EDWARD CAMBELL . I am blind, and live in a cottage at Edmonton; Cooper lodges with Mr. Last Friday, about half-past eight o'clock, I left my cottage, and went to East Pole farm to work—I bad a jacket on when I went out—I pulled it off, and left it at Mr. Beevis's, where I work—the key of the house was in the pocket—I wanted the key between eleven and twelve o'clock, went to my jacket, and found the key was gone—I went home—Cooper just went on before me—I found him there—I did not lose any thing but 1/2 lb. of moist sugar and a pocket-knife—I ascertained that by feeling.
JOHN MEAD . I am a constable of Enfield. I heard of this robbery about twelve o'clock on Sunday morning—I went to a beer-shop, kept by Gosling—I found the prisoner in the stable there, and Cooper, who charged him with stealing his shoes, which he had on—I took them off, and Cooper swore to them—I found nothing else on him—the prosecutor's house it in the parish of Edmonton.
(Property produced and sworn to.)
GUILTY .* Aged 20.— Confined Twelve Months.
WILLIAM PEART . I live in St. John-street-road. The prisoner was my errand-boy—on the 30th of September I sent him on an errand, about three o'clock in the afternoon—he might have been back by five o'clock, but he did not sleep in my house—he came next morning, about half-past six o'clock—six was his usual time—I had then received information about a silver tea-spoon—the policeman was there ready, and I gave him in charge for having stolen it—he denied it—it was marked with a Roman "P. "
ANN LONGHURST . I am in the service of Mr. Peart, and had charge of the plate. On Monday, the 30th of September, I missed a spoon from the hick kitchen, where I had seen it about half-past eleven o'clock—the prisoner bad been at work that morning, and had been in the back kitchen several times—he has to go there for purposes of his work—he went to dinner at one o'clock, and returned after dinner—I informed master, just before five o'clock, that I missed the spoon—the prisoner was just going out when I began to inquire about it, and he did not return that evening.
MICHAEL EGAN . I work at a farrier's and live in Lloyd's-court, Crown-street, with my mother. On the 30th of September, about eight o'clock at night, I met the prisoner about two miles from Mr. Peart's—he showed me a tea-spoon, and asked if I thought it was silver—I said I did not know, and asked how he got it—he said he had found it—I asked him where, but he did not tell me—he began talking about something else—I believe there was a mark at the back, but cannot tell whether there was a "P" on it, as we handle was bent back.
JOHN JONES . I am a policeman. I took the prisoner into custody early on the 1st of October—I asked if he had a silver spoon in his possession—he said he had not, and had not taken any thing of the kind—I found 1d. on him, and two pieces of type belonging to his master.
Prisoner's Defence. I had a spoon playing at top with at dinner time—he did not ask me I found it.
NOT GUILTY .
MARY FINAN . I am servant at the Rose and Crown public-house, Wentworth-street, Whitechapel. On the 15th of October, I went to bed about ten o'clock, and about half-past eleven I found the prisoner in my bed-room when I awoke—I had a rush light—I jumped up and saw him at my bed-side, stooping down—I never knew him before—I called out, and asked him who he was—he gave me no answer—I saw him lean the room—I jumped out, and caught him on the stairs, with a pair of shoes belonging to M'Carthy, my fellow-servant, in his hand—he dropped them, and ran out—I gave an alarm—a policeman came and secured him out of doors.
ANN MCCARTHY . I am single, and live in service at the Rose and Crown public-house, in Wentworth-street. On the night of the 15th of October, I was cleaning out the house—an alarm was given on the stain at half-past eleven o'clock—mistress rushed out of the bar, and collared the prisoner at the bottom of the stairs—I found my shoes on toe fourth stair—I had left them by the bed-side, between five and six o'clock tint afternoon.
ALLEN PIPE . I am a policeman. On the night of the 15th of October, about twenty minutes to twelve o'clock, I found the prisoner standing in a dark gateway down Brick-lane—I asked what he was doing—he said he came there to make water—I said, "You must go with me, win were you doing up stairs at the public-house?"—he made no answer—I took him back, and the witnesses identified him immediately.
Prisoner. Q. Did not the landlord say, What a fool you were to be taken after I let you go?" A. Yes.
Prisoner's Defence. I am highly afflicted in my head, and do not recollect any thing that occurred to me during that night—it is not likely I should go up stairs with a felonious view, and only take a pair of shoes of that description—I should have taken something of more value—I am subject to fits, but am not in the habit of drinking—I had several blow given to me in the house, and the landlord let me go about my business.
GUILTY . Aged 51.— Confined Six Months.
2828. JOHN FREY was again indicted for stealing, on the 15th of October, 4 sheets, value 6s., the goods of Ephraim Southgate; and 1 coat, value 25s.; 1 waistcoat, value 5s.; and 1 pair of trowsers, value 10s; the goods of James Carr.
JAMES CARR . I am a horse-dealer, and lodge in Queen-street, Seven Dials. I have known the prisoner eight or ten months, by his coming to lodge there—I have been to St. Petersburgh, and he told me he had been at St. Petersburgh and Moscow—he spoke the Russian language—he said he knew me at St. Petersburgh—he left the lodging—he came on the 15th of October, and proposed to sleep there—I went to bed about half-past eight o'clock, leaving him in the house—after I had been in bed some time, M'Donald came in and awoke me, and I missed my coat, waistcoat, and trowsers from the head of my bed—M'Donald brought my trowsers and waistcoat back again in about ten minutes, but I have never seen coat again—I saw the prisoner at the police-office, and said to him, "You took all my clothes, you took my coat, you had better tell me what you did with it"—he said, "Mr. Carr, I was so intoxicated, I cannot tell what I made of your coat. "
Prisoner. Q. Did you and I drink together? A. We drank that night three pints of beer—you had 18d. left in your pocket, and I said you had better sleep at my place—I have been in prison at St. Petersburgh, not in London—I have been in prison I should think twenty times, but never for a criminal concern—I was banished from St. Petersburgh, having had a lawsuit eight years.
THOMAS M'DONALD . I am servant at the house where the prosecutor lodged. I have seen the prisoner with Carr occasionally—he came on the 15th of October—Carr went up to bed between eight and nine o'clock—the prisoner followed directly after him—I went up about three quarters of an hour after—four besides myself slept in the room—I had a bed to myself—I was going to bed, and found the prisoner in my bed—I awoke bin, and asked what he was doing there—he said, "It is all right"—I said there was no room for him there, he was to be with Can?—I shewed him into the next room, where Carr was—there was a spare bed in that room—I asked him if his lodging was paid for—he said it was right—I went down and found it was not paid for, came up, and he gave me 6d.—I gave him 4d. change, and he gave me 1 1/2 d. to get a pint of beer—the light went out in the room, and I went to get a light—he then made a rush out of the room, and I after him—he dropped the waistcoat and trowsers on the lauding, and ran down stairs and got away—I cannot say whether he had toy thing else in his possession—he rolled about so much, I was afraid he would break his neck down stairs—he was completely dressed—I missed a pair of sheets off another man's bed, belonging to Mr. Southgate, the owner of the house, which I have since seen in Pipe's possession—the prisoner had his clothes on when he was in my bed, and his shoes also—I thought he was drunk.
ALLEN PIPE . I took him into custody the same night, on the other charge, between eleven and twelve o'clock—I found the sheets wrapped round his neck, and tucked under his clothes—I asked him where he got them—be made no answer then—he afterwards said he took them from a louse in Queen-street, but they were the first things he had taken—next morning I asked him where the prosecutor's coat was—he said he did not know, he had been drinking, and did not know what became of it—I found a passport on him.
(The prisoner, in his defence, stated, that he was in a destitute situation, that he was going to Russia. for which purpose he had obtained the passport—he had left his shirt and handkerchief in this room—he could not account for having the sheets, but he supposed he must have taken them by mistake.)
GUILTY — Confined Six Months more.
FRANCES AMELIA FOREMAN . I keep a lodging-house in Stone-stairs court, Stepney. On Friday, the 18th of October, I hung out two sheets and other things in the court, to dry, between twelve and one o'clock in the day—between half-past four and five o'clock in the afternoon, I heard a jerk of the line, and the pegs fall—I instantly opened the door, and missed a sheet, but saw nobody in the court—it was entrusted to Dorothy Thompson, who I work for, to wash.
JOHN WILLIAM FRYETT . I am a pawnbroker, and live in High-street, Shadwell. This sheet was offered to me in pawn by Hunt, about seven o'clock—I had received information, stopped it, and gave it to the policeman.
SARAH HUNT . I am married, and live in Charles-place, Love-lane, Shad-well. The prisoner is my brother—he came to me on Friday evening, and asked me to pawn a sheet for him, which he gave me—I took it to Mr. Fryett, and he stopped it—I went out to my brother, and asked him hot he came to send me with the sheet—he said he had bought it of a young man for 1s. 6d., at the corner of Dark house-lane—he gave it to me about seven o'clock.
WILLIAM SLADDEN . I am a policeman. I received the sheet from the pawnbroker, who lives about four hundred yards from the prosecutrix—I apprehended Mrs. Hunt, and afterwards met the prisoner—I told him his sister was locked up for stealing a sheet, and asked if he knew any thing of it—he said, "Yes, I gave it her to pawn, I bought it of a man in a short jacket with fustian sleeves—he asked me 18d. for it, and I gave him 1s. 3d."—I told him to attend at the office next day, to prove that, which he did, and was taken into custody himself.
Prisoner's Defence. I bought it of a young man for 1s. 3d.
NOT GUILTY .
RICHARD MANNING . I am a dealer in coals, and live in Goodge-street, Tottenham-court-road, two doors from the prosecutor's. On Friday morning, the 11th of October, I was sitting at my door, and saw the prisoner and three more consulting together on the opposite side of the way—I suspected, and watched them—two went down the street, and the prisoner and another went up the street, and came past me, and ongoing put the prosecutor's, the prisoner stepped up to the board outside, took some meat, and handed it to the other, who wrapped it up in a handkerchief—they both walked on slowly together—I went after them, and caught the prisoner by the arm—he said, "I have got nothing"—I said, "No, but you had something just this moment, I saw you pass it to the other boy—the other boy immediately threw it over some area rails, ran away, and escaped—I held the prisoner till a policeman came up, who took him bad to the prosecutor—a man picked up the meat, and gave it to me—the prisoner, at first, said the handkerchief was his, but the meat was not, and afterwards he said neither the handkerchief or meat belonged to bun.
Prisoners Defence. The other boy threw it down, and ran away—I knew nothing of him.
GUILTY . Aged 14.— Confined Three Months.
WILLIAM ROGER DODSLEY . I keep a broker's shop in Old-street-road. On Saturday morning, the 12th of October, as I was opening the shop, I missed eighteen stair-rods, which I had seen safe in the shop on Thursday evening before—I saw them at Worship-street on the Tuesday following, and knew them to be mine—I know nothing of the prisoner, but I know his parents.
ISAAC RAYNER . I am a ginger-beer maker, and live in Cradle-court, Red Cross-street, Cripplegate. On Friday, the 11th of October, between eight and nine o'clock, I was in Old-street-road, and saw the prisoner and another lad standing together by the side of the prosecutor's shop—in about a minute I saw the prisoner go into the shop and come out with the rods in his hand—the other lad stood before the door—I followed them to a marine-store dealer's in Virginia-row, where he offered the rods for sale through the window—I went for a policeman, brought him to the shop, and gave the prisoner into custody—he was at the door in the act of leaving, and had not the rods with him—the policeman took him into the shop, and the owner of the shop then produced the rods—the prisoner said he had offered them for sale—the man said he had not bought them, but had detained them, and told the prisoner to fetch the owner—the prisoner said he had found them near Shoreditch church.
(Property produced and sworn to.)
Prisoner's Defence. I found them lying against a dead wall in Old Cock-lane.
GUILTY . Aged 15.— Confined Three Months.
2832. DANIEL COLLINS and JOHN JONES, alias Armstrong , were indicted for stealing, on the 12th of October, 1 coat, value 10s.; 1 pair of gloves, value 6d.; and 1 handkerchief, value 2s., the goods of Christopher Garrard: and that Collins had been previously convicted of felony.
WILLIAM CHATTERTON . I am a dealer in coals, and live in Mary-street, Hampstead-road. About one o'clock in the afternoon of Saturday, the 12th of October, I was standing in front of my shop—I observed a cart near the shop—a man in it said something to me—I looked out, and saw the prisoner Collins almost opposite my shop, with a youth's coat over his arm—he was walking towards Robert-street—I went after him, and just at the corner, I saw him with Jones—they were two or three yards apart, and Jones then had the coat, and Collins had none—they were about one hundred and fifty yards from my shop—they had turned a corner—Jones went up Henry-street—I followed him, and when I got round the corner I saw the coat within Mr. Landen's iron rails, and Jones was concealing himself in the doorway—I laid hold of him, and called to the people to pursue Collins, when Mr. Godsden, the butcher, took him, brought him to me, and we took them both into Mary-street—we could not find an owner for the coat at that time—we took them to the station-house—Mrs. Garrard claimed the coat at the office—I first saw them about one hundred yards from Garrard's.
Collins. It is false—I know nothing of it. Witness. I am sure I saw him with the coat.
station-house in Albany-street—the prisoners were brought there with the coat—I found a silk handkerchief and a pair of gloves in the pockets of the coat—the prisoners denied all knowledge of each other, and said tint they had never seen the coat—I found on Jones 11s. 6d., and on Collins 2s. 10d.
ANN GARRARD . I am the wife of Christopher Garrard, of Mary-street about one hundred yards from Chatterton's—this coat, handkerchief and gloves are my son's, Christopher Garrard—I saw the coat safe at ten o'clock that morning in my parlour—I put it on the arm of a chair by the side of the fire-place—I went out about half-past two o'clock.
ELIZA BRYANT . I am the wife of Henry Bryant, and lodge in the same house as the prosecutor—last Saturday week, about a quarter before one o'clock, I heard somebody coming up stairs—I went out, and saw a boy on the top of the stairs, who I believe to be Jones—he asked me if my name was Jones, I said, No"—he asked if there was any body of that name in the house—I said, "No"—he asked the name of the street, I told him, and he went away.
Jones's Defence. I was going on an errand for my father, and was going through Mary-street to pay this money, when the man came up to me as I was looking in a picture-shop, collared me, and said I had jut chucked a coat down an area—I said, "Take me to the station-house if you think it is me," and he called to somebody to stop this boy, and took us both—I was never in the house.
COLLINS*— GUILTY . Aged 16.— Confined Twelve Months.
JONES*— GUILTY . Aged 14.— Confined Six Months.
JOHN WILLIAM STANBRIDGE . I am the son of Thomas Bibbins Stanbridge—he is a silk dresser, and lives at Haberdasher-house, Hoxton. The prisoner had been nearly four years in his service—he was employed particularly to take satins from the shop to a cellar, where they are damped before dressing—we mark every piece of satin which is sent to us—at the latter end of September we missed portions of the lengths of satin sent to us, in many instances, and on the 1st of October, in consequence of suspicion, I sent for Dubois, the officer, and went with him to the prisoner's lodgings—he was not there—we waited until he came home, and we were searching his room when he came in—I gave him in charge—Dubois told him it was for robbing his master, and asked him if he had any duplicates—he said yes, he had, and gave up two which did not relate to our property—Dubois searched his person and found nine duplicates in his coat pocket, all referring to remnants of satin which have our mark on I found them at the pawnbroker's.
Cross-examined by MR. PRENDERGAST. Q. Your father keeps to concern? A. Yes—he has no partner.
JOHN GODFREY . I am foreman to Mr. Hewitson, a pawnbroker in Kingsland-road. On the 12th of September, the prisoner pawned a yard and a half of satin at our house, for 2s., in the name of John Bates—I
hare the counterpart of the duplicate I gave him—I did not know him before, but I have not the slightest doubt of him.
HENRY WILLIAM DUBOIS . I am a police-sergeant. On the 3rd of October, I accompanied Mr. Stanbridge to the prisoner's lodging in Windsor-place, City-road, and found nine duplicates on him—one was for the satin pawned at Hewitson's—on our way to the station-house I cautioned him not to say any thing to me as I should use it against him—he said, "I know that, I am sorry for what is done, but I cannot help it."
JOHN WILLIAM STANBRIDGE re-examined. This mark is in my own hand-writing—it is the manufacturer's number which stands for the name—it is the fag end of a piece—we should discover the loss on examining the piece—we found the piece marked again higher up, but we did not know the hand-writing, and that made us suspect it was cut.
MR. PRENDERGAST. Q. This is not your property? A. We are answerable for it—we have to pay for what is lost—I will not say we have paid for that piece, but I know we shall have to pay for a great deal—a great many complaints have been made, but I cannot speak of this particular piece—it belongs to Mr. Glbson, of Spital-square—he has received the back, but when we came to settle the account with him, he has said such and such pieces were short.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Six Months.
NEW COURT.—Friday, October 25th, 1839.
Sixth Jury, before Mr. Common Sergeant.
2834. ELIZA LLOYD was indicted for stealing, on the 2nd of October, 2 pillow-cases, value 2s.; 2 towels, value 1s.; 1 blind, value 1s.; 1 1/4 yard of linen cloth, value 1s. 6d.; 1 table-cloth, value 3s.; 1 toiletcover, value 2s.; and 1 spoon, value 7s.; the goods of William Hunter, her master; to which she pleaded
GUILTY. Aged 15.— Judgment Respited.
GUILTY . Aged 36.— Confined One Month—One Week Solitary.
GUILTY . Aged 37.— Confined Three Months.
GUILTY . Aged 19.— Confined One Year.
THE HON. MR. SCARLETT and MR. ESPINASSE conducted the Prosecution.
DRUSILLA WHITE . I am the wife of William White, a greengrocer, in Hyde-street, Bloomsbury. On the 4th of October the prisoner came to the shop for twopenny-worth of potatoes—she gave me a shilling—I gave her 10d. out, and she went away—I kept the shilling tul Mr. White came
home, in about ten minutes, and gave it him—he examined it, and nailed it on the counter—on the 9th of October she came again for twopenny. worth of potatoes—she gave me a shilling—I gave it to Mr. White immediately—he went for a policeman, and gave it to him, and gave her into custody—she had been on the 23rd of September, and given me a shilling—I kept that till Mr. White came home, and gave it to him.
Prisoner. I never was in the shop till I was taken, and the shilling I then had I had taken in Covent-garden market—on the 4th of October I was out hopping for Mr. Ellis, of Wateringbury. Witness. I am positive she is the person who came on the 4th and on the 9th.
WILLIAM WHITE . I am husband of the last witness. A person who, I believe, was the prisoner, came to me on the 24th of September—she gave me a shilling—I put it to my teeth, and it was bad—I went to ask a person about it, and before I returned the prisoner was gone—I chopped the shilling in half, and nailed it to the counter—when the policeman came it was taken up and given to him—on the 9th of October I saw the prisoner in the shop—I recognised her, but I could not swear to her—she asked for twopenny-worth of potatoes—my wife served her, and she paid a shilling—my wife gave it to me in the prisoner's presence—I looked at it, and said it was bad—I fetched a constable, and gave her in charge—I gave the officer the shilling I received from my wife on the 4th, and the one the prisoner offered on the 9th.
ROBERT LAY (police-constable E 44.) On the 9th of October I took the prisoner—I received three shillings from Mr. White—on the prisoner's way to the station-house she said she was taken up for smashing.
GUILTY . Aged 22.— Confined Six Mouths.
WILLIAM ADDISON . I keep an eating-house in Old-street. On the 23rd of September the prisoner came, about half-past eleven o'clock at night, for a quarter of a pound of beef, which came to 3d.—she offered me a shilling—I examined it, and it was bad—I mentioned it to her, and gave her into custody—I gave the shilling to the officer.
ROBERT LAMBURN . I am a baker, and live in Crown-street. On the 3rd of October the prisoner came to my shop, in the evening, for a twopenny cottage loaf—she offered me a shilling—I saw it was bad—I went round the counter, and said I must give her into custody—she struggled policeman came, and I gave her into custody—I marked the shilling, and gave it to the policeman.
Prisoner. It was his wife served me with the meat, and she called him out—I offered him one shilling, he would not take it—I offered him another, he would not take that—I was in very great distress, and sold an article
of ray own for the last shilling—I did not know either of them were bad.
GUILTY . Aged 20.— Confined Six Months.
SARAH BONE . I am the wife of William Thomas Bone, he keeps the Robin Hood public-house, in Milbank-street, Westminster. On the 9th of October the prisoner came for half-a-pint of ale, which came to 1d.—she gave me a bad sixpence—I told her it was bad, and told her to go about her business—I sent the pot-boy to follow her—I kept the sixpence, and gave it to the policeman.
JOHN GEORGE NORTON . I am pot-boy at the Robin Hood public-house. I followed the prisoner down Adding ton-street—I saw her speak to a woman, who gave her something—they separated, and the prisoner went to the Chequers' public-house—I went in and spoke to the lady at the bar—I spoke to the policeman, and he took her.
PETER CRUMP . I am a butcher, and live in Dean-street, Westminster. On the 9th of October the prisoner came to me and bought sixpenny-worth of meat—she offered me a sixpence, which I told her was very bad—she said she did not know it, she had taken it at Farringdon-market—I returned it, and told her to go about her business—just as she got off the step the officer took her.
WILLIAM BUTLER . I am a policeman. I took the prisoner—she had a sixpence, a halfpenny, and a farthing, all good, in her hand—I took her to Mrs. Bone, who gave me this sixpence—she was discharged at the station-house—I followed her, and saw her go into a public-house in Orchard-street—she then went on to Mr. Cramp's, and as she was coming out I took her, and found this counterfeit sixpence in her hand—she had 4 1/2 d. In good money on her—here is the sixpence I received from Mrs. Bone, and the one I found in her hand when I took her—the woman who searched her is not here.
GUILTY . Aged 30.— Confined One Year.
SARAH NORLEY . I am the wife of William Norley, who keeps a green-grocer's shop in Castle-street, Finsbury. The prisoner came to the shop on the 10th of October, about five o'clock in the evening, for a pennyworth of apples—he gave me a half-crown, and I gave him 2s. 5d. change—I put the half-crown in my pocket, where I had about 2s. 6d. In small silver, but no other half-crown—the same evening, about eight o'clock, he came again for 3 lbs. of potatoes, which came to 2d.—he gave me another half-crown, and I gave him change—I put that in my pocket, where I had put the other—I had no other half-crowns but the two I took of him—I put the two that night into a tea-caddy—there was no other there—I saw him again the next evening, about five o'clock, just before I lighted my gas—he asked for one pennyworth of pears—I served him, and he gave me half-a-crown—I told him I thought it felt light—he said, "it is a good one"—I gave him the change, and he went away—I put that half-crown in my pocket, where I had no other—he came again the same evening, about eight o'clock, for 2 1/2 lbs. of potatoes, they came to 1d.—he gave me a half-crown, I gave him change, and put the half-crown in my pocket, where I had no other but the one I had
taken of him for the pears—I afterwards wanted some bread, I sent a boy to the baker's for it with a shilling, he came back and said it was a bad one—that induced me to look at my money, and I found the two half-crowns were bad—I went to the tea-caddy and found the other two were bad—I had not been in the habit of taking money, we, had only commenced business on the Saturday before—on Saturday, the 12th of October, the prisoner came again, about a quarter before ten o'clock at night, for three pounds of potatoes, which came to 2d.—he gave me half-a-crown—I told him to wait a minute and I would give him the change—I went in the adjoining room, and my husband came out—we sent for the policeman and gave him in charge—he said he had got a 6d., and offered to pay for the potatoes with that.
Cross-examined by MR. CLARKSON. Q. When did you first take a bad half-crown? A. On the 10th of October—I had never seen the prisoner before that—I was in the habit of keeping money in my tea-caddy for my husband to go to market with—he did not go on the morning of the 11th of October—he went on the Saturday morning, the 12th, and I gave him a sovereign—I had not done much business on the 10th—I put it down in a book, to know what my business brought in—when I began business in the morning I had only two sixpences—my husband was out at work—I had given my husband all the silver I had—I had no money in my pocket on the Friday morning—I put it into the caddy on Thursday night—the two half-crowns I took of the prisoner, and some small money, about 8s. 6d. In all—on the Friday, I only took one shilling and two sixpences-the most of the change I gave the prisoner was copper—I never said to him, "You shall pay for all"—I am quite sure he is the person, I saw him come to my house five times—I have never entertained a doubt about his being the man—the woman who saw him come in, went with me to the station-house, she said she was not certain, but she thought he was the man.
WILLIAM NORLEY . I examined the half-crowns which my wife took from her pocket, and from the tea-caddy on Friday night, the 11th of October—there were four half-crowns, I knew they were bad—I laid them on the mantel-shelf, wrapped in paper—on Saturday evening, the 12th, my wife brought me another half-crown, and asked if it was a good one—I went into the shop, and detained the prisoner while a policeman was sent for—he said he had not been there before—I pushed him back into the little room—he pressed me very hard to let him go, and offered me a good sixpence, to pay for what he had purchased—I gave the half crown that he brought that evening to the policeman, and the other four also.
Cross-examined. Q. What money did your wife give you to go to market on the Saturday morning? A. A sovereign—I brought home 2s. or 3s., I cannot tell which.
RICHARD WHITE (police-constable G 136.) I took the prisoner, and found on him two good sixpences, and 4£d. in copper—he said it was the first time he had been in the shop—I received these five half-crowns from Mr. Norley.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Six Months.
NOT GUILTY .
GUILTY . Aged 22.— Confined One Year.
WILLIAM PRESS . I keep the Duke of Richmond public-house, in Rich-mond-row. About a quarter before eight o'clock, on the evening of the 14th of September, the prisoners came, and Stone called for a pint of beer, he offered half-a-crown to pay for it—Owen said it was not worth while changing a half-crown, and threw down 1 1/2 d.—I said it was not enough, and then Stone gave me a half-crown—I gave him 2s. 4d. change, and pot the half-crown into the till—there was no other there—I gave it to the policeman—I recollected their persons—they were about five minutes in the house—they had a pipe of tobacco, and were some time in conversa-tion—I looked at the half-crown about five minutes after they left, and found it was a bad one—I put it on a shelf at the end of the bar—there was no other half-crown with it—I went to the Kingsland station-house, and found the prisoners there in custody—I kept the half-crown till the Mon-day or Tuesday after—I am sure of both the prisoners.
DANIEL HOLE . I keep a public-house near Ball's-pond-road. At a quarter before nine o'clock in the evening of the 14th of September the prisoners came in, one of them called for a pint of ale, I do not know which—Owen offered me a half-crown—I took it up, it was a good one—I put down 2s. on the table—Stone said, "Are you going to change half-a-crown? I have halfpence"—he took it up, and Stone threw down 1 1/2 d.—I said the ale was 3d.—he said, "I have no more"—Stone then put down a bad half-crown—I saw he had another in his hand—I said, "This is a bad one"—I kept it, and marked it, and gave it to the policeman, and gave them in charge.
FREDERICK PULLINOER (police-constable N 226.) I took the prisoners, and found one penny on Owen, and 3s. 6d. on Stone—in going to the station-house, Owen said if it was a bad half-crown, he was not aware of it, he had received it of his master, over the water—these are the two half-crowns.
Stone's Defence. I did not give a bad half-crown to Mr. Press—Owen said a young man gave him the half-crown, which he says I gave him—I cannot say whether what I gave him was bad or not.
STONE— GUILTY . Aged 26.— Confined One Year.
MR. CLARKSON conducted the Prosecution.
THOMAS BULPIT . I am wagoner to Mr. George Jones—he has a wagon from Andover to London. On Tuesday, the 15th of October, I was coming to London—I had come up on the 8th—Mr. Perman keeps the white Bear public-house, at Hounslow—I got there on the 15th, at seven o'clock—I had taken up this prisoner between Egham and Staines—he wanted to ride to Hounslow, no further—I had my little boy with me—I had received four trusses of silk from Mr. Taplin's at Overton—they were all safe in the wagon—when I got to Hounslow, at seven o'clock, they were together, laid as close as we could load them, and as near the tail
as we could put them, within about a yard—I saw them all safe—when we got to Bedfont, the prisoner got out, and we had three pints of beer toge-ther—he said he was going on to Hounslow—I stopped at the White Bear public-house at Hounslow, and took my horses out—I left my little boy in the wagon—after I had done my horses, I went into the White Bear public-house, and saw the prisoner sitting in the tap-room—he asked me to have a pint of beer with him—he jumped up, and went and fetched it, put it on the table, and asked me to drink—I told him I wanted victuals first, as I had not had any thing to eat since dinner—he sat down about a minute or two, and then he jumped up and said he wanted a pipe of tobacco, and he would go to the bar and fetch it—my son George was by my side, going to have some victuals—I said something to him, and he went out of the room—he came back in a minute, and made a communication to me—I ran out directly to the wagon, and the prisoner was in it, getting a truss of silk over from the back to the front of the wagon—I stopped him, and said to him, "You rascal, what are you doing, robbing my wagon?"—he sprung out of the wagon, and fell down across the shafts—I jumped down upon him, and held him till I got assistance—he wanted me to let him go, and said he had not robbed the wagon, and was not going to do it—at last I gave him into custody—when I got to London, I found one of the four bales of silk was actually gone—I was in such a flurry at the time I took him, that I did not think of examining whether another bale was gone—I saw them safe at Hounslow before I left the wagon.
Q. Was it before the prisoner said he was going, that you had ascertained the bales of silk were safe? A. Yes, and after that I found him in the wagon—he said he was looking for his handkerchief—the wagon stopped from seven till a quarter after eight o'clock, and then this happened—the policeman took charge of the bale of silk.
Cross-examined by MR. DOANE. Q. What bale was that? A. The one the prisoner was getting over the wagon—I left Andover on Saturday night at six o'clock—it was dark then—I took in these bales at Overton, on the Monday afternoon, at two o'clock—I first met the prisoner between three and four o'clock in the afternoon—when I got to Bedfont it was right, and at Hounslow—when I got tired I went to sleep, if I got some-body to take care of the wagon, but I did not have a nap after I left Bedfont, before I got to Hounslow—I drove myself—I took nobody else up—the tail of the wagon was secure—we never undo the tail—we get in and out at the head—my little boy was in the wagon all the time—it was all right at Hounslow—I looked round the wagon, before 1 went into the White Bear public-house, which we always do, to get our victuals out—when I got in, the silk was all right—I could see every parcel—I had a lantern—I took the lantern to look for the victuals—I had not been in the house above four or five minutes, when I came out and found the prisoner at the head of the wagon—my boy was then by the side of us—the police-man came up in a quarter of an hour—I did not go into the wagon with my lantern after that—I left Hounslow about two o'clock in the morning and got to London about six o'clock, and found a bale gone—we had no passenger from Hounslow—we had had a woman, but she got out before this happened, and went to bed—the passengers would sit on these bales.
MR. CLARKSON. Q. You went in with your lantern to look for your victuals, and you saw all the bales? A. Yes, when I saw the prisoner
in the act of doing what I have been describing, I did not tee him with a pipe or tobacco.
COURT. Q. The tail of the wagon was secure? A. Yes, and it was as secure when I got to London—nothing could have been taken out at the back-we take all out at the front.
GEORGE BULPIT . I was with my father on this Tuesday—I remember the prisoner joining us between Egham and Staines—I cannot say how far it was from Bedfont, as I only came up for a few weeks' holidays—I rode inside from the time of the prisoner getting up till I got to Hounslow, or on the footboard, but I never left the wagon—I got down at Bedfont, but did not walk one hundred yards—there were some poles by the side of the wagon at Hounslow—the prisoner got out and went to the corner behind the poles—on that another man came from the other aide of the road, and talked to the prisoner—they were together about two minutes, and I then laid down in the wagon again—up to that time I had not left the wagon—a little time after that he came up on the shafts of the wagon, it was then dark—he said, Is any one here?"—I said, "Yes"—he said, "Where is your father?"—I said, "In the yard, doing his horses"—he said, "I wanted to have a drop of beer with him before I leave"—I laid down again, and after a time my father came out to me—I told him what had passed between me and the prisoner—my father went away, and did not say any thing—I remained on the wagon about twenty minutes, when my father came to me with a light after the victuals, and looked round the wagon—I can swear the four bales were safe then—I saw them myself—I then went into the tap-room with my father, and the prisoner was there—I did not remain away more than five or six minutes—I had not eaten two mouthfuls—(up to the time I left the wagon the tail of it was safe)—the prisoner said he must go and call for a pipe of tobacco—he went out, then my father said something to me, and gave me some directions, which I obeyed—I went to the tail of the wagon, and heard something rustle—I went to the head, and could hear it plainer—I did not make any noise—I went back to my father in the tap-room, and told him what I had seen and heard—he went out and I after him, but did not get there so soon as he—I saw my father with the prisoner on the ground—the bale was lying up against the head of the wagon—I heard the prisoner say, "Pray let me go"—when be was first taken up he seemed to peep about the wagon, and then he laid down by the side of an old woman, who got down at Hounslow, and went to bed—she was gone before my father examined the wagon with the lantern.
COURT. Q. Does your father generally come up with this wagon alone? A. No, he has an older son than MR.
GEORGE PERSIAN . I keep the White Bear public-house at Hounslow—the wagon stops at my house every Tuesday night—I was in doors, on the night of the 15th of October—two gentlemen came up in a light chaise-cart—it was a dark coloured chaise, picked out with red—it came up about ten minutes after the wagon had drawn up—the gentlemen came and asked me for a glass of ale—I drew the ale myself, and asked them to walk into the parlour—they said no, they should stop about the door—they smoked two cigars—after they had finished the first glass they re-turned and had a second—I cannot tell how long it was before they left—I could almost swear, that on Tuesday, the 8th, I saw the prisoner walk away from the wagon across the road, and I saw the same chaise-cart,
or one of the same colour—I believe the prisoner to be the man I saw the 8th, but he had a great coat on then, and I should not like to swear to him—he went on the 8th, and stood against the shafts of the wagon-that excited my suspicion, and I made a communication to the wagoner-after Jones's wagon came up, on the 15th, I heard it had been robbed—I ran out, and found the ostler and the wagoner having a tussle with the prisoner, and I said, "You vagabond, you have been robbing my wagon"—he laid hold of my hand, and said, "For God's sake let me go; I am a respectable man; do you think I would do such a thing?—I said, "You hold him fast, I will get an officer"—as we were walking to the station-house I saw him doing something at his pocket—I dropped back, to see that he might drop nothing, and we went on to the cage—he was searched at the station-house, and his handkerchief was taken from the inside pocket of his coat—the bale was left in my charge-it has not been interfered with—the prisoner did not in the course of the evening call for a pipe of tobacco.
Cross-examined. Q. When you took him, was he dressed as he is now? A. I can swear to the same trowsers, and jacket, and waistcoat-the person I saw the week before had a great coat on—I cannot swear he was the man—the chaise was a light chaise, of the same colour.
WILLIAM BASSETT . I am horse patrol of Hounslow. In consequence of a communication, about nine o'clock, on the 15th of October, I went to Mr. Perman's, and took the prisoner to a house opposite the cage—I found on him a handkerchief, a penknife with two blades, and 1s. 6d., and 4 1/2 d.—I asked where he came from—he said from the other side of Staines—he said he did not live there, he had been travelling, and that he was a book-binder.
CHARLES DE COODREE . I keep a beer-shop at Bedfont. On the 15th of October Jones's wagon stopped at my house, between five and six o'clock, and in about five minutes two persons came up in a chaise-cart—I saw Bulpit's back was turned when he went to water the horses at the trough—I saw the prisoner and the two men who came in the chaise-cart talking together—I cannot say that I saw them drink together—the other two men had a pint of ale, but whether the prisoner had any I cannot say—the men in the cart drove off directly after the wagon left—I cannot say which way they went, but, I believe, towards London—that wagon always stops at my house.
Cross-examined. Q. I suppose a great many wagons do? A. Not a great many—I saw the chaise-cart with the horse's head towards London—my house is by the side of the road—there is not a branch road off for nearly half a mile from my house—the cart arrived between four and five minutes after the wagon—it could not be ten minutes after, as the wagon does not stop above ten minutes.
JAMES HOPKINS . I am ostler at the White Bear public-house, Hounslow. I was there on the evening of the 15th of October—I remember the chaise cart coming, and the wagon stopping—I saw one person in the chaise cart, and another came up about a minute after the cart stopped they had some drink—after the wagon had stopped I saw the prisoner talking to those two men who came with the cart—the cart was behind the wagon—there were some poles by the side of the wagon.
on it is in my young master's writing, "Mr. D. Drakeford, London"—it contains tram silk, worth about 245. a pound, and here is about 120lbs. in this package.
Prisoner's Defence. There was a dog in the wagon, which caused the rustling.
(Edward Hill, a hardware dealer, of Bronte-place, Walworth, gave the prisoner a good character.)
GUILTY . Aged 34.— Transported for Seven Years.
2845. MARY COLLINS was indicted for stealing, on the 27th of September, 2 blankets, value 12s.; 1 bolster, value 6s.; 1 candlestick, value 1s. 6d.; 2 pillows, value 3s.; 1 blind, value 9d.; 1 iron, value 9d.; and 1 carpet, value, 6s.; the goods of Thomas Purden.
ANN PURDEN . I am the wife of Thomas Purden, a carver and gilder, in Ossulston-street, Somers-town. The prisoner lodged with us from July—she left, and I missed the articles stated—they are all here, and are mine.
GEORGE PHILLIPS . I am in the service of a pawnbroker. I produce two pillows, a candlestick, and an iron, taken in by our foreman—he is not here, as he could not swear to the prisoner—I have seen her bring a flat iron.
Prisoner's Defence. I pledged them, but I was in the greatest distress through illness and death in my family—I intended to have redeemed them.
(The prisoner received a good character.)
GUILTY. Aged 34.—Recommended to mercy.— Confined Six Days.
THOMAS SMITH . I am a builder, and live at Dockhead—the prisoner was in my service. I received information on the 10th of October, which led me to go to him—I said, "Button, I believe you are doing some work for Mr. Vine?"—he said, "Yes, he was doing a little job for him"—I said, I think you have some of ray stone using on his premises"—he said, "Certainly not, none of your stones I am sure"—I said, we would go and see—I went into one of the rooms of Mr. Vine's house, and saw some loose chimney-pieces partly prepared—I turned them over, and saw some Portland and some Bath—I said, "I think part of this is mine"—he said, "No, certainly not, I have had it some time"—I went into the par-lour, and there saw two marble chimney-pieces, one finished and the other not—the shelf was not on—I said, "This looks like mine"—he said, "No, certainly not, it is some I have had by me"—I then discovered a piece of Bath stone—I said, "This looks like mine"—he said, "No"—I said, "It
looks like it, and to ascertain it we will go and fetch Millidge"—Millidge came and turned the stones over, and he said he thought the piece of York was mine—I said to him, Fetch the piece that it was cut from my premises," I compared it, and they corresponded—I then said to the prisoner, "Now are you satisfied that this is my property?"—he said, he was very sorry to say that it was mine.
Cross-examined by MR. CHAMBERS. Q. I understand you to be in a large way of business? A. Yes, I know this stone myself—I charge the prisoner with stealing a piece of Yorkshire stone, and two pieces of Port. land—Yorkshire stone is used for paving and for hearths—this piece of Yorkshire stone is about three feet six inches long, and two feet wide—it might have been used for a hearth-stone—I had not a large quantity of Yorkshire stone at that time, perhaps from fifty to one hundred feet—these others were Portland stone mantel-shelves—Yorkshire and Portland stone are very different in their nature—I had a man named Goodhall appre-hended for this—he is a labourer working for me, and also on Mr. Vine's premises, for the prisoner—he was taken to the police-office and discharged—when I spoke to the prisoner, he seemed to be concerned about it, but he made no objection to go to Mr. Vine's.
Q. After Millidge had brought the stone to compare, was not this what the prisoner said, "I am very sorry, master, it is your stone?" A. Yes, he was very sorry to find it was my stone.
COURT. Q. Where were these stones of yours deposited? A. On some premises of mine in Belvoir-square, West Hackney, and there they ought to have remained.
WILLIAM MILLIDGE . I am in the prosecutor's service. I missed stone from his premises in Belvoir-square—I went to Mr. Vine's premises and saw there this piece of York stone, which is my master's—we have compared it with a stone that is now in Court—they tally exactly—the prisoner at last confessed that one stone belonged to Mr. Smith, but said he did not bring it there.
Cross-examined. Q. State the words that you think the prisoner used? A. He said he must confess that that piece of stone belonged to Mr. Smith, but he did not bring it there—I will not swear that "confess" was the word I made use of in the first instance—I cannot say exactly—it was to Mr. Smith and me that he spoke—Mr. Smith had said that he thought it was his stone, and I fetched the other piece to match it—the stones are here—they match, in the edge—I am a stone-mason—I missed this piece from my master's premises—I am employed to use the stone when it is wanted, and so was the prisoner—he was the managing man—I missed stone about three days before he was taken—it was lying about the premises in small quantities—Mr. Smith was building four houses and a church just by, but what was used for that was a different sort of stone—Goodhall was taken, but it was not on my charge—he is sometimes a labourer, and sometimes a stone-sawyer—I was not called on to account for this stone—when we wanted a piece of stone we took it and used it.
COURT. Q. When did you find this stone? A. On the 10th of October this Yorkshire stone had been carried to our premises in Belvoir-square on the Monday before—I saw it safe on Monday afternoon, between twelve and five o'clock, it was broken, and I did not see one of the pieces again till saw it at Mr. Vine's.
some houses at Hertford-row, and employed the prisoner to assist me—he was doing some mason's work for me with my own stone—he took me to a wharf to buy some, as he said I could do better so than by employing a master mason—he took me to Limehouse, where we purchased a block of Whit by stone, but as that would not do for all the work, he said he had two chimney-pieces which he had prepared at home, and he would bring one of the jambs over for me to look at, and if it suited me he would put them up for me—(that must have been eight or ten days before Mr. Smith discovered it)—on the following day he brought one over—I did not see these others on my premises, as I was not there—he was to put two chimney-pieces up at 18s. a piece, and find the materials.
Cross-examined. Q. You cannot say that he brought a single piece of stone on your premises himself? A. No, I did not see him bring it—the chimney-pieces were to be of Portland-stone.
JONATHAN NEWELL . I am a carpenter in the employ of Mr. Vine. About a fortnight ago the prisoner brought in a chimney-jamb—he asked me to show it to my master, and said he would fix them at 18s. a piece—that was not one of these stones.
MR. VINE re-examined. I had no contract with the prisoner for any Yorkshire stone, but if he had put down this slab of Yorkshire, it would have been rather better than the contract, and I should have paid him for it.
GUILTY . Aged 41.— Confined Three Months.
The note not being produced, the prisoner was ACQUITTED .
FRANCIS SCOONES . I live in Holywell-lane, Shoreditch, and am a pawnbroker. On the 25th of September I missed a pair of boots, which were hanging on a horse outside—I requested my brother to go after the person—the prisoner was brought back with them.
(The prisoner pleaded poverty.)
GUILTY. Aged 52. —Recommended to mercy.— Confined One Month .
Fifth Jury, before Mr. Sergeant Arabin.
MR. JONES conducted the Prosecution.
WILLIAM HENRY KNIGHT . I am a paper-stainers' flock-manufacturer. The prisoner was in my employ—he went round the town twice a week as my clerk aid collector for two or three years—he had authority to receive money, and was to hand it over to me on the following day, in September last—he did not account to me on the 14th of September, or thereabouts, for any money received from Mr. Evans, of Shoreditch, who owed me 23l.—Mr. Isherwood, on Ludgate-hill, owed me some money—the prisoner did not account to me for any money received from him.
Cross-examined by MR. JERNINGIIAM. Q. When did he enter yours ser-vice? A. I think it was in 1837—he was in my service about a year and a half, and left me, having an accident with his leg, about Christmas last since then, at the request of a customer on mine, I wrote to the prisoner in May, to say that I wished to see him—I do not think he had quite left my service at the time I wrote to him—I think he was going round—he came in consequence of the note I sent him—on the 14th of September, he was employed to receive monies—he was going round twice a-week—I was in the habit of paying him for two days in the week 3s. 6d. a-day—I am in the habit of advancing my men money as they want it—I should imagine there was no money owing to the prisoner—generally it is the other way—whenever he has asked me for money, he has had it, and an entry was always made in my book of the money he received, either by him or myself—I have my books here—here is, in the ledger, an entry of 10l. on the 14th of July, made by the prisoner, but that has been entered since, or on the 20th of September—there was no money paid by Mr. Evans on the 14th of July which could answer to this.—this alludes to the sum said to be misappropriated on the 14th of September—I think about a fortnight elapsed between the 14th of September and my suspecting the prisoner, and apprehending him—during that time I knew where he lived, but I did not know of this then.
JOHN CARTWRIGHT . I am clerk to Mr. William Evans, of Shoreditch, a paper-stainer. On the 14th of September, I paid the prisoner 10l. on account for his master, Mr. Knight—I have the prisoner's receipt for it.
Cross-examined. Q. In what money did you pay it? A. I think it was a 5l. note and five sovereigns.
NICHOLAS THOMAS ISHERWOOD . I live on Ludgate-hill, and am a paper-hanging manufacturer. On the 17th of September, I paid the prisoner, by a cheque, 7l. 8s., on his master's account—this is the cheque, returned from my banker's as having been paid—here is the receipt I had from the prisoner.
GUILTY . Aged 55.— Confined One Year.
HENRY RAMSDEN . I live with Mr. John Ballantyne, a hosier and glover, in Bedford-street. On the 4th of October, about seven o'clock in the evening, I saw a man resembling the prisoner snatch the articles stated from a block three feet within the shop-door—I cried out, "Hey, stop. and ran to the door, where I saw the prisoner hurrying away—there were no persons passing—he ran as fast as he could—I pursued him through Red Lion-square, and into Leigh-street, continually shouting "Stop thief"—he was there stopped by the policeman—I said he had taken a stock and handkerchief—he said he had only asked the price of the stock.
Cross-examined by MR. PAYNE. Q. Was not the property found close to your door? A. Yes, not far off—I saw the prisoner run off with it—he was stopped about forty houses from my master's shop—he went through two passages leading to Red Lion-square—when he tool the goods, I was at the back of the shop, about twenty-four feet from him—I
am not very clear-sighted—our shop is well lighted with four gas-lights—I could not see his features—when I ran out, the prisoner was about three houses off—when he was stopped, I should think there were above a dozen persons assembled—I saw him stopped, I had kept him in sight—I did not see him throw away the property, but I saw the property taken by a man who, I believe, was the prisoner.
THOMAS TURNER . I am in the prosecutor's service. I did not see this transaction—I found the property outside the door—I know it was in the shop before this occurred—I saw the prisoner running through the passage, the alarm of "Stop thief" was given, and in a short time he was brought back.
Cross-examined. Q. You only saw a man running? A. No, I saw a man running in the passage, and no one before him—I would not swear it was the prisoner.
Cross-examined. Q. There were other persons talking? A. Every body was talking—the prisoner was the first running, and therefore I stopped him.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined One Year.
JOHN ADOLPHUS YOUNG . I am a solicitor. When my family were in the country, I allowed the prisoner's wife to take care of my house in Great Ormond-street—she has done so for several years. On the 11th of October I went to my house about ten o'clock in the evening—the prisoner came there very shortly after, intoxicated—he had a pair of my boots on his feet—I desired him to take them off, and go about his business—he said he would not, they were his own—I said I knew they were mine, as I had had the fronts of them cut out—he said he had had erysipelas, and he had had his boots cut—I said if he would not take them off I would give him into custody—he would not, and I gave him in charge—some duplicates of my articles were found in my house—this handkerchief, and these shirts had been in a drawer in my bed-room.
Prisoner's Defence. I pawned them to complete an order I had, which would have been done in a few days, when I meant to take them out again.
GUILTY . Aged 40.— Confined Six Months.
hand—I took it off previous to going to bed, and hung it on the stair—the house was then shut up, and the prisoner and another person passed bv the room to go out, and as soon as they were gone the handkerchief was missed—in about half-an-hour I found the prisoner in the street, and charged him with having it—he denied it—I gave him into custody, and it was found in his breast coat-pocket—this is it.
Cross-examined by MR. JONES. Q. Is it a handkerchief or part of a woman's apron? A. A handkerchief—this happened about twelve o'clock at night—the prisoner and his companion were the only persons who passed by where the handkerchief was—I have known him some time—he bore a very fair character—he had been drinking, but he walked out and made an observation about the time—he did not speak to MR.
Cross-examined. Q. Was he not considerably the worse for liquor? A. He appeared so.
NOT GUILTY .
JOHN PHILLIPS . I manage my mother's business in Charter House-lane. On the 28th of September, about eleven o'clock in the evening, a policsman's rattle sprung—I went to the door, and across the road to a neighbour's house—I felt a hand in my pocket—I clapped my hand behind me, and found the prisoner's hand in my pocket—I said, "Halloo, what do you mean by attempting to pick my pocket?"—I gave him in charge—I found my handkerchief about half-way up my pocket—it had been at the bottom of the pocket before.
Cross-examined by MR. PAYNE. Q. How many people did you find? A. A dozen or more—I have ascertained that the prisoner was in respectable employ—he was committed for attempting to pick a pocket—they were going to commit him for fourteen days, but he persisted that he was innocent, and they sent him here.
NOT GUILTY .
CHARLES HAWKINS . I am a linen-draper, and live in Tottenham-court-road. About six o'clock in the evening of the 28th of September, I was speaking to a person in my shop, and a female called me to the door in great haste, and told me something—I saw the prisoner going down Store-street—I went after her and said, "What have you got?"—she said, "Nothing at all"—I opened her apron and found this print—she said a woman had given it her, and was to meet her at the bottom of Store-street—I took her back and gave her in charge—this print had been on the threshold of my door with a pile of others—she had not been in the shop.
Prisoner's Defence. I was going down Tottenham-court-road, and a person asked me to hold a piece of print—I did not know it was stolen—the witness came and asked what I had in my apron—I said, "I did not know"—I never was inside this place before.
GUILTY .* Aged 25.— Transported for Seven Years.
2855. WILLIAM TAYLOR and RICHARD MILLS were indicted for stealing, on the 19th of September, 13 feet of lead pipe, value 20s., the goods of John Dibbs, and then being fixed to a certain building.—2nd COUNT, stating it to be fixed in a certain street.—3rd COUNT, not stating it to be fixed.
GEORGE JOHN RESTIEAUX . I am a policeman. On the 19th of September, I was on duty in St. Giles's, and saw the two prisoners in Buckbridge-street, walking together, as two persons who were well acquainted—on seeing me they went into the middle of the road, and walked twelve or fifteen paces—there was a constable on the left-hand side—they crossed to the right, and I took Mills—he had this lead pipe in a bag, and threw it down—the other officer took Taylor—Mills got from me—I took Taylor to the station-house—I found on him this knife covered with wet clay, and the lead, and his clothes were covered with clay—on the 3rd of October I took Mills—he said he had met Taylor in Portman-street, and they went to the corner of Orchard-street, where a man gave him the lead to carry, and he was to have 6d. for it.
JAMES GILLETT . I am in the service of Mr. John Dibbs. He has a house not finished, in Abbey-place, St. John's Wood—this lead pipe laid along the courtyard to supply the house—I can swear to it, and to this joint on it, which is my work—I saw the pipe safe on the 19th of September, and on the 20th it was gone.
Mills. Q. How do you know this joint? A. By reason of the brass ferule slipping when I made the joint—I can swear I made this joint for Mr. Dibbs.
Taylors Defence. I worked on the Birmingham railway—I travelled round about there, and the clay was on ray shoes—when the policeman took the lead it was messed with clay—he searched me and found the knife—he made it all clay with his hands, and my clothes too.
Mills's Defence. I was with this young man, and a person asked us to carry the bundle to the corner of Bloomsbury-square, and said he would give us 6d. each.
TAYLOR— GUILTY .†Aged 24.
MILLS— GUILTY .†Aged 23.
Transported for Seven Years.
2856. ELIZABETH THOMAS, ANN WATSON , and JOHN ELLIOTT , were indicted for stealing, on the 2nd of October, 1 watch, value 2l.; 1 hat, value 1s.; 1 handkerchief, value 3d.; 1 knife, value 6d.; 1 key, value 4d.; 1 pencil-case, value 1d.; 1 pen-holder, value 1d.; and 2 5l. Bank notes, the goods and monies of Robert Foster, from his person.
ROBERT FOSTER . I am a shipwright; I came by the brig John England, from Archangel. On the 2nd of October, I was in the King William public-house—I do not know where it is—the prisoner Elliott, who was a stranger, came in and asked if I knew a man of the name of William Hodgson—I said I knew him—Elliott said he was his brother—he sat down near me—I asked him to drink—he said he had been a fortnight here and his money was all gone—I said, "Never mind that"—I was very kind to him and took him to a cook-shop and gave him his dinner—we then went to the Barley Mow and had some beer—I laid my head down there, and went to sleep for perhaps half-an-hour or three quarters—a young man then awoke me, and I missed my watch and notes, and the property stated—when I went to sleep Elliott was with me, and I had all the property
safe—some of it was produced to me afterwards, and is now here—the prisoners Thomas and Watson were in the room when I went to sleep and when I awoke they were all gone.
ROBERT FITZGERALD . I am a tailor, and live in Farmer-street Shadwell. I was at the Barley Mow public-house on the 2nd of October and saw Elliott with two 5l. notes in his hand, about half-past one o'clock—he asked me if the notes were good ones—I said they were Bank of England notes—he asked for change for one of them at the bar, and they had not change—the boy took one of them out, and brought back 6l.—they had made a mistake in the change—he gave the money to Elliott—Elliott told me he was his brother, and he had not seen him for two years—he asked me to go to the White Hart public-house with him and have something to drink—I told him I would not go, and he gave me a shilling—the two female prisoners were in company with Elliott when he changed the note—they were going in and out of the parlour—they all went out, and the women beckoned me to go, but I did not—they turned towards Gravel-lane—Thomas had a man's hat in her hand—Elliott was the last that went out of the place, and he told me he should be back shortly—I waited a few minutes, and then awoke the prosecutor, and asked him if that man was his brother—he said he had no brother—he then said he had lost his notes and watch—I ran out directly to the White Hart public-house—I did not find the prisoners there—I then went to the Ship public-house, where I found Elliott and Watson—I told Elliott the man had awoke, and said he was not his brother—Elliott came with me directly—I asked him if he had got the man's money in his pocket—he said he had, and he pulled out a 5l. note, a half-sovereign, and 3s. 6d.—I asked him where the other money was—he said he had lost it, or been robbed of it—he said, "I will give him all I have got left in my pocket"—Neat gave him into custody—I thought he had been the prosecutor's brother, or he should not have gone out of the house.
GEORGE NEAT . I am waiter at the Barley Mow public-house. On the 2nd of October I saw the prosecutor asleep in our house, and the three prisoners were sitting close to him—I heard from the bar-maid that the prosecutor had been robbed—I told him to go with me to see if we could find the prisoners—he went—I saw Elliott, and I asked him where the man's money was—he pulled out a 5l. note and a half-sovereign, and gave to me—I said, "Where is the remainder?"—he said, "I have lost it"—I said, "If you don't give me the remainder I will give you in charge"—the officer came up and took him.
ELEANOR MARTELL . I am the wife of William Martell, and live in Shadwell. Elliott lodged with me for about a fortnight—on the 2nd of October he gave me three sovereigns in my hand—he said, "Martell, I will pay you"—I said, "Thank you, Elliott; where did you get this money?"—he said, "My brother lent it me"—I gave the money to the policeman in the evening.
JAMES MANN . I am a policeman. I took Elliott into custody—he said on the way to the station-house that a girl gave him the money—(I had received the 5l. note and the half-sovereign from the witness)—he said he had lost the remainder—I found 3s. 6d. In his pocket, and a key—I got these three sovereigns from Martell.
GEORGE CARR . I am a policeman. I went in search of the female prisoners, and found them in King David's-lane—I took them to the station-house—Thomas was fumbling about her bosom, I said, "What have you got there?"—she said, "I have got his watch; I took it from him, because no one else should take it."
DANIEL DERRIG . I am a police-sergeant. I was on duty at the station-house—I saw the female prisoners there—I saw Watson hand a penknife to the prosecutor—she said, "Here is your knife which you gave me to cut my nails," and at the same time Thomas said, Here is your pencil-case some girl gave me"—I snatched it from her, and asked who the girl was—she said she did not know, but after that she said Watson gave it her, and Watson said, "Yes, I did"—they were put into the cell, and, in the course of the evening, I heard Watson say to Elliott, who was in the next cell, "You know you had the sovereigns at the lodging-house"—Elliott said, Yes, I know I had"—she then said, "What did you do with them?"—he said, I don't know"—she said, "You know you went up stairs as I was standing outside"—I have got 8l. 13s. 6d. In all.
THOMAS— GUILTY . Aged 19.
WATSON— GUILTY . Aged 24.
Transported for Ten Years.
ELLIOTT— GUILTY . Aged 23.— Transported for Fifteen Years.
2857. HARRIET THOMPSON was indicted for stealing, on the 5th of October, 3 half-crowns, 2 shillings, and 1 sixpence, the monies of James Stanton, from his person; and that she. had been before convicted of felony.
JAMES STANTON . I am a plasterer. On Sunday morning, the 5th of October, between one and two o'clock, I met the prisoner in Barbican—I had been to a little society that I belong to—I was quite sober—the prisoner came up, and asked how I did—I said I was pretty well—she took bold of my coat, and began to pull me about—I pushed her away, and I felt her hand in my right-hand waistcoat pocket—I endeavoured to get hold of her hand, but she concealed it in her pocket-hole—I missed out of my pocket, three half-crowns, two shillings, and one sixpence—I accused her of it, caught hold of her hand, and took out of it two shillings and one sixpence—I asked her to give me the half-crowns—she denied having them—a policeman was passing, and I gave her in charge—she then dropped two half-crowns—I picked them up, and a gentleman picked up another in Bunhill-row—they were all given to the officer.
Prisoner. You told the policeman you had lost 5s. Witness. I said two half-crowns—I did not recollect at the moment how much I had.
JOHN FORDHAM . I am an officer. I was on duty in Beech-street, and was called to take the prisoner—the prosecutor gave me two shillings and a sixpence—as I was taking the prisoner to the station-house she dropped two half-crowns, at the bottom of Whitecross-street—the prosecutor took them up, and gave them to me—in going up Bunhill-row she dropped another half-crown, which a gentleman took up and gave me—the prosecutor was quite sober.
Prisoner. When the Magistrate asked you if you saw me drop them, you
said no, you did not; and he asked how long you had been in the force and said you did not know your duty. Witness. No, he did not.
GUILTY . Aged 28.— Transported for Ten Years.
OLD COURT.—Saturday, October 26th, 1839.
Second Jury, before Mr. Sergeant Arabin.
GUILTY .— Confined Nine Months.
2859. WILLIAM REYNOLDS was indicted for stealing, on the 17th of September, 1 bottle-case and 4 bottles, value 5s.; 4 knives, value 9s. 6d.; 1 pair of scissors, value 1s. 6d.; 2 lancet-cases, value 2s.; 4 lancets, value 10s.; 1 instrument-case, value 10s.; 1 scarificator, value 1l. 1s.; 1 chisel, value 10s.; and 1 pair of nippers, value 5s.; the goods of John Evans and another, his masters; to which he pleaded
GUILTY.—Recommended to mercy.— Confined Six Weeks.
GUILTY . Aged 15.— Transported for Seven Years.—Convict Ship.
GUILTY .— Confined Six Weeks.
GUILTY .— Confined Three Months.
GUILTY .— Confined Six Weeks.
MR. DOANE conducted the Prosecution.
HUGH BYRNE LOVETT . I am a policeman. On the 1st of October I had the prisoner in custody—I found twenty-one duplicates on him—among them was one for a table-cloth—he was discharged, and I returned him the duplicates—next day, in consequence of information, I took him again—I told him it was not on the same charge as the day before, it was for stealing a table-cloth and sheet—I asked him for the tickets that he had
the day before—be said, "They are all there, (pointing to the pocket of his trowsers, which hung on the bedstead) with the exception of the one for the table-cloth; that d—d thing I tore up, that vagabond Sullivan pawned the table-cloth, and he would transport me if he could"—I did not find that duplicate, but I had been to the pawnbroker's before.
Prisoner. Sullivan went with him to the pawnbroker's before he came to me—it is all a conspiracy between them. Witness. Sullivan was the person who gave me the first information, and he did accompany me to the pawnbroker's.
MARY LYDIA VANDERGUCHT . I am the wife of Benjamin Vandergucht, and live in Cambridge-terrace. In July last the house was to be let furnished—we were not residing in it at the time, and the prisoner was placed in care of it—his wife was there first, and then he was there for about six weeks or two months—he had been there once before for two months—this table-cloth and sheet were used to cover over some of the furniture—they have my own mark on them—they were missed after the prisoner left—we did not employ any person named Sullivan.
HUGH BYRNE LOVETT re-examined. I was at the office when the prisoner made a statement, which the clerk took down, and afterwards read over to him—it was signed by Mr. Rawlinson, the Magistrate—this is his hand-writing—(read)—"The prisoner says" Sullivan pawned the goods—he had my authority to do so—he was to get me the money to take them out on the Monday after."
Prisoner's Defence. Sullivan came to me one day, and said he wanted a dinner, he had no money, and would I allow him to pledge something, and he would bring me the money on the Monday following—I said I had nothing but tables and chairs and furniture, which could not be taken—he said, "Well, give me that old table-cloth"—I said, "I don't think you will get any thing on it"—he said, "I will try," and he pawned it for 3s. 6d., and gave me the ticket—since then he and I fell out—I told him what sort of a desperate character he was—he is a returned transport—he has been six months in Gloucester jail, and has two wives—the sheet was on my bed, and the table-cloth I used in the kitchen—they are not worth 6d.—I threw the duplicate away in a passion, and I am sorry for it, for it looked like guilt, but the policeman had taken a copy of it the day before, so it did not signify—the policeman has feed Sullivan to get up this case, and get my character damned.
GUILTY . Aged 37.— Transported for Seven Years.
(There was another indictment against the prisoner.)
First Jury, before Mr. Common Sergeant.
AMEDE DAVENNES . I live in Turnmill-street, Clerkenwell—I employed the prisoner as errand-boy. On the 28th of September I sent him to Mr. Kingman's with half-a-dozen pigeons, and a bill receipted—he was to have received 3s. or tear off the receipt, and leave them—he returned, and said he had left the pigeons, and had not been paid—I did not author
rise him to receive money generally—it was his duty to sign my name to a bill if he received money—he has receipted this bill in his own name.
NOT GUILTY .
AMEDE DAVENNES . The prisoner was in my employ—I sent him on the 28th of September with six pigeons to Mr. Kingman, which came to 3s.—he was to have brought me the money back if he was paid—he did not bring it to me at any time—it was his duty to get the money when he delivered the goods, or else when I sent him for it—I only employed him when I wanted him, and I did not employ him after the 28th—he left me on the 28th—I never sent him to fetch the money on any subsequent day—he had no right to go.
CHARLOTTE KINGMAN . I am the wife of William Kingman. The prisoner brought the pigeons on the 28th, and on the Monday following he came and said he had called for 3s. for the pigeons—I asked him if his master had sent him for it—he said, "Yes"—I paid him, and he receipted the bill in his own name.
GUILTY. Aged 14.—Recommended to mercy.— Confined Eight Days.
JANE KNIGHT . I lodge in the Colonnade, Russell-square, at the prisoner's father's house. On the 21st of October, I had a purse with two sovereigns, a half-sovereign, and five shillings in it—I put them in my bag, and put that in my box in my sitting-room—the prisoner was in the room and saw me do it—he lives in the house with his father—I then went out, leaving nobody but him in the room—I returned in about twenty minutes—the purse and money were then gone, and the bag left in the box—here is the purse—it was found on him with the money in it.
GUILTY . Aged 15.— Confined Eight Days.
ANN ELDON . I am the wife of William Eldon, a shoemaker, in Cross-street, Poplar. About three o'clock on the 11th of October, I went round the corner of the house to turn some clothes which I had on the line—during that time the prisoner passed me, and went into my room—I saw him come out of the house—I went in in two minutes, and the jacket in gone—this is it—(looking at it.)
Prisoner. Q. Why not stop me? A. I could not, as I did not miss it directly—I thought he had something under his arm, and ran after him—I caught him, and said, "You vagabond, you have got my lad's jacket and I took it from under his arm.
Prisoner. I was sent for it by a workmate—I was knocking at the door for ten minutes.
he said, "No, no, master, it is not me, it was the boy ahead of me," pointing to a boy who was there—I said, What have you been doing?"—he said, "Nothing, let me go"—the prosecutrix came up and took the jacket from under his arm—he caught hold of her, and swung her round—I said, I would have nothing more to do with it—he ran off round Mary-street, and was secured—I am sure he is the person.
HENRY HATTON . I am a policeman. He was given in my charge—in taking him to Lambeth-street, he told me he could soon clear himself of the charge, for he had bought the jacket of a sailor for half-a-crown and a gallon of beer, and the sailor told him if he took it to this house he would get 5s. for it—that he went to the door, but could not get in—the prosecutrix ran after him, and he said to the person stopping him, "May be you are stopping the wrong man."
GUILTY . Aged 19.— Confined Six Months—Three Weeks Solitary.
JOHN HAYES . I am a bookbinder, and live in Seckford-street, Clerkenwell; the prisoner was in my service occasionally for four years. On the 11th of September, he was at my shop—I lost a burnisher and a fillet—these are them—(looking at them.)
Cross-examined by MR. PAYNE. Q. I believe be was unfortunate in being out of work? A. He refused to join the Union against the masters, which I believe was the cause of his being oat of work.
(MR. PAYNE, on the prisoner's behalf, stated that he pawned the tools trough distress, but intended to redeem them.)
NOT GUILTY .
THOMAS RAFFIN . I was at Covent-garden on the day in question—I saw a little boy take the coat and give it to the prisoner—I ran up to him, took it from him, and gave it to the constable—the little one ran away directly—I ran after him, but lost sight of him.
Prisoner. The lad ran by with the coat—he threw it down, and I took it up. Witness. I had seen the prisoner and the little one together for two or three hours, larking about under the Piazza.
GUILTY . Aged 18.— Confined Three Months—Three Weeks Solitary.
HENRIETTA PECK . I am the daughter of Peregrine Peck. I received directions, in consequence of which I let a truck to the prisoner—he told my father he was going to Old-street with it—we charge 3d. an hour—I lent it to him at ten minutes to three o'clock—I have not seen it since—he said it was for Mr. Fisher, who we used to lend it to.
Prisoner. I never was at his place at all. Witness. I have no doubt of him—he came to me previous to having it from my daughter, and said he wanted it—I had some knowledge of him before, as he had been twice before, and left me one of Mr. Fisher's cards.
GUILTY . Aged 32.— Confined Three Months—Three Weeks Solitary.
2872. MARY PERKINS and MARY ANN ROBINSON were indieted for stealing, on the 22nd of October, 1 handkerchief, value 1s. 1 watch, value 1l.; 1 watch-chain, value 6d.; 2 seals, value 9s.; and 1 half-sovereign; the goods and monies of William Fellows, from his person.
WILLIAM FELLOWS . About two or three o'clock in the morning of the 22nd of October, I was in the vicinity of Covent-garden—I gave Perkins something to drink, and walked about some time—she asked me to go with her into Charles-street—I went with her—I was a little elevated with liquor—I sat down on a chair a little while, and fell asleep—I had a half-sovereign and some loose silver, a silk-handkerchief, and a watch in my pocket, I am certain, for I took it out and looked at it while I was there—there was nobody in the room but Perkins when I fell asleep—when I awoke I found myself robbed of every thing, and Perkins was gone—I came out and gave an alarm—this watch, chain, and seal, are mine (looking at them.)
Perkins. It was to Robinson he gave the watch, and not to Mr. Witness. I did hot see Robinson in the room.
Robinson. He gave me the watch as a pledge—he was in company with five or six more women at Shaw's public-house at the corner, and he took another woman up, and swore to her. Witness. There was another woman in her company when the watch was found, but I did not swear to any other woman.
GEORGE JACKSON . I am barman at the Red Lion public-house in Drury-lane. Robinson came into our house about a quarter after five o'clock; in the morning, sat down, and called for a quartern of gin—then for another quartern, and asked one or two persons who came in, to drink—she pulled a watch out of her bosom, and asked me to lend her a knife—she went the end of the place, and began scratching it—she brought it to me, and asked me to pawn it for her—a few minutes after some more females came in, and she told me to lay the watch down—she began crying, and said her husband had been away seven years, and he had sent her a watch, and handkerchief, and plenty of money—about twenty minutes afterwards Perkins came in. and said to Robinson, "I have left him sitting in the room"—another female named Rose came, and they were laughing together
—I suspected the watch was stolen, and spoke to Rose, who gave me information—the prisoners went out together, returned again in five minutes, and Perkins asked mc for the half-sovereign—I told her I knew nothing about any half-sovereign, and asked what she meant—Robinson called her away, and said, "No, no, that is all right"—Perkins then asked me for the watch—I asked where she got it—she made use of very abusive language, and asked me what business it was of mine, and what b—business I had to detain the watch—I told her it was stolen, and I should detain it till Mr. Cocket, my master, came down—this is the watch.
Perkins. Q. Was not I sent for to your house? A. You came in without a shawl and bonnet—she asked me for the watch—I was frightened at them, as two or three more came in, and I gave it to them, but I look the number, and the maker's name first, and can swear this is the watch.
WILLIAM CHADWICK . I am a policeman. About half-past six o'clock on this morning, I saw the prisoners and another in a coffee-shop—Perkins was putting something into her bosom—I asked her for the watch—she said, "What watch? I have no watch"—I told her to get up, and this watch fell from her person on the ground—Robinson was sitting along-side of her—she said nothing—another constable, who is not here, took her.
WILLIAM FELLOWS re-examined. I was in the room from half an hour to an hour—Robinson might have come in without my hearing her—I was asleep in the chair—I stood at the door till the policeman came up—Perkins took me there—I cannot say whether it was her house.
Perkins's Defence. He never went home to my place at all—I am innocent of any thing of the kind—I went with Robinson to have something to drink—he was in there with four or five more women drinking—he asked Robinson to have something to drink—she said, "Yes," and handed me the glass, and he asked to accompany her home—she said, "Yes," and he came out with her and me together—I wished them good night at the corner of Great Queen-street, and saw no more of her nor him till about six o'clock, when she sent for me—I came to her at the coffee-house, and saw the watch behind the bar.
Robinsons Defence. About four o'clock on Tuesday morning, I felt very poorly, and went into the public-house at the corner of the Piazza—to prosecutor, was there with four or five women—he asked us to have something to drink, and when we left, he asked if he should see us home—I agreed, and he went home with us; and having no money, he gave me the watch to pawn for 10s. as soon as the pawnbroker's was open, and said he would call for me in the evening—I left the watch at the Still till the pawnbroker's was open—Perkins is entirely innocent—she was sent for to the Still, and saw the watch.
PERKINS— GUILTY . Aged 33.
ROBINSON— GUILTY . Aged 28.
Confined Three Months—Three Weeks Solitary.
MARY BUCKLEY . I am the wife of Thomas Buckley, a cow-keeper in Great Wild-street—the prisoner was in our service—on Saturday night, the 12th of October, between ten and eleven o'clock, I sent her round the corner to get change for a sovereign which I gave her—she did not come back until she was brought back a week after by one of the lodgers.
JOHN MILES . I am a policeman. I took the prisoner in charge—the said that when she went out of the house she met Mrs. Lane, who took her and gave her some gin, and made her stupid—Mrs. Lane denied it.
MARY BUCKLEY re-examined. I know she was acquainted with Mrs. Lane, who does drink—what she says is likely to be true—Mrs. Lane says when she took the sovereign from the girl, she sent her back to get her clothes, and she did take her clothes away that night, but I did not know it—she was found in Drury-lane, in the street—she was in great distress, and was going to make away with the last thing she had.
NOT GUILTY .
THOMAS MITCHELL . I live in Cambridge-court, Cleveland-street, Marylebone—on the 4th of October, the prisoner came to my house to lodge—I lost several things while she was there, and among other things a blanket—she was taken on the 14th—she had not left the house—this is my blanket—(looking at it.)
Prisoner's Defence. I pledged it to pay the rent, and intended to redeem it.
GUILTY. Aged 34.— Judgment Respited.
MARY ROBINSON . I live in Ogle-street—I was returning home about eleven o'clock on the day in question, and saw the prisoner come out of the prosecutrix's shop with something under his arm, in a handkerchief—he was soon afterwards brought back with the bacon which was in the handkerchief I had seen under his arm.
GUILTY . Aged 16.— Confined Three Months—Three Weeks Solitary.
ELIZABETH JACQUES . I am the wife of Joseph Jacques, who keeps a coffee-shop in Gray's Inn-lane. About seven o'clock in the evening of the 18th of October, the prisoner came in, and asked for a cup of coffee—I gave him a cup and saucer, and spoon, on a waiter—I went up stairs and when I came down again he was gone with the things—Moyes went after him, and he returned with her and gave them up.
ANN MOYES . I am the wife of Edward Moyes, a waiter at the prosecutor's—I missed the things, followed the prisoner, and said, You have a rap and saucer"—he said, "I will go back with you"—he did so and gave them up.
GUILTY. Aged 45.—Recommended to mercy.— Confined One Month.
NEW COURT.—Saturday, October 26th, 1839.
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 34.— Transported for Seven Years.
2878. MARGARET MCLEOD was indicted for stealing, on the 6th of October, 1 cloak, value 12s., the goods of John Yeatman; also on the 8th of October, 1 mattress, value 12s.; 3 chairs, value 4s. 6d.; and 2 yards of carpet, value 1s.; the goods of Sarah Ann Elphick; to both of which she pleaded
GUILTY . Aged 45.— Confined Six Months.
GUILTY . Aged 26.— Confined Six Months.
2880. JOHN PAINE was indicted for stealing, on the 21st of October, 2 loaves of bread, value 10 1/2 d., the goods of Robert Walker; and that he had been before convicted of felony; to which he pleaded
GUILTY .— Confined One Year.
GUILTY .— Transported for Seven Years.
2882. RACHEL HORTON was indicted for stealing, on the 13th of February, 1 rug, value 12s.; 1 pair of boots, value 8s.; 2 table-cloths, value 7s.; 2 sheets, value 5s.; 1 pair of stays, value 4s.; and 4 aprons, value 4s.; the goods of James Skilton, her master; and that she had been before convicted of felony; to which she pleaded
GUILTY .— Transported for Seven Years.
GUILTY . Aged 57.— Confined Six Months.
GUILTY . Aged 19.— Confined Ten Days.
JOHN JAMES SPEED . I am shopman to William Brooks, of the King's-road, Chelse a hardwareman. The prisoner was his porter—I slept in the same room with him—on the 8th of October I found he had left his box open—I lifted the lid, because there was a book in it belonging to me—I there found these candlesticks and knives and forks, in the same packages as they were in the shop.
THOMAS LYNE (police-sergeant V 5.) I was fetched, and found these articles in a box in a room over the stable—the prisoner said he did not know how they came there—I found on him five pieces of bad money in one pocket, and eight pieces of good money in the other.
Prisoner. On the morning of the 8th of October 1 brushed my clothes, and laid them in the box—I could not lock it, as the key was broken—I do not know how the things got there.
JOHN JAMES SPEED re-examined. Q. Had you had any quarrel with the prisoner? A. On the week before I told him of keeping company with persons who had been taken up for passing bad money—I had seen him with Frederick Greenhall.
JURY. Q. Would the box lock or not? A. I did not try—I never knew it open before—the hasp was lodging on the wood, not shot into the lock—the key was broken.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
CHARLES BURROWS . I am a coal-merchant, and have one partner. The prisoner was in our service, and had to collect money—he did not, on the 21st of August, account to me for any money received from Mr. Dunkley—what he received in the day it was his duty to enter in the cash-book it night—he did not account to me in July for 2l. 18s. received from. Robertson, nor on the 6th of September for 5l. 6s. received from Mr. Hall—none of these sums were entered in the cash-book.
Cross-examined by MR. PHILLIPS. Q. Had he ever to account to your wife for any money? A. No—she had nothing to do with the counting-house.
CHARLOTTE ROBERTSON . I am the wife of William Robertson, of Willow-cottage, New North-road. On the 25th of July I paid the prisoner 2l. 18s.—I gave him three sovereigns—he gave me 2s.—this is his receipt.
Cross-examined. Q. How long have you known him? A. Twenty-five years—he has been in better circumstances.
(The prisoner received a good character.)
GUILTY. Aged 55—Recommended to mercy.— Confined Six Months.
2887. EDWARD CONTENSEN and AMELIA ELIZABETH CHAPMAN were indicted for stealing, on the 16th of February, 28 pairs of boots, value 6l. 10s.; and 6 pairs of shoes, value 1l. 15s., the goods of Robert Richardson; to which
CONTENSEN pleaded GUILTY . Aged 20.—
Transported for Seven Years.
The male prisoner is a tailor—I took his father into my employ last Christmas, in March I took stock, and found a deficiency of nearly 100l.—we did not miss any article in particular—he was allowed by his father to sleep in my house, and he had the means of getting at the stock.
HENRY HANCOCK . I am a pawnbroker. I have some shoes which I took in of the female prisoner on the 6th of August and on the 14th of September—I have a pair of women's boots, pawned on the 5th of July, and another pair on the 6th of May, but I cannot tell who pawned them—I have none which were pledged before the 9th of July, that I know who pawned.
Chapman. I did not pawn them. Witness. I have reason to believe the did—the young man who took them in has left, and she acknowledged that she had two pairs in pledge when she came to pledge others on the 31st of August.
Chapman's Defence. I never received any boots from Contensen, who is my husband—I did not know him six weeks before I was married, which was on the 9th of July.
CHAPMAN— NOT GUILTY .
(There were two other indictments against the prisoners, to which Edward Contensen pleaded Guilty, and no evidence was offered against Chapman.)
LOUIS MAINON . I live in Brook-street, Holborn, and am a basket-maker. About seven o'clock at night, on the 16th of October, I saw the prisoner take a basket from inside my shop—he ran away, I pursued, lie dropped it, and the officer stopped him—I lost sight of him as he turned the corners, but when I saw him again, he was running—I am certain of him.
JOHN FREDERICK CARPENTER (police-constable G 32.) I was in Gray's Inn-lane, and heard a cry of "Stop thief"—I saw the prisoner run out of Fox-court—I caught him in Gray's Inn-lane—when I got within two or three paces of him, he said, "I did not steal the basket"—I brought him back, and got the basket from the witness.
Prisoner's Defence. I saw persons running, I ran too, and the officer took me—a man brought a basket, and said, "Here is the basket he stole"—I said, "I did not steal it. "
GUILTY . Aged 22.— Confined Six Months.
HANNAH BELLIS . I am twelve years old; I live with my father, James Bellis, a butcher. On the 12th of October, I had my little sister, Sarah Ann Bellis, in my arms, on Stepney-green—the prisoner came, and snatched at the necklace she had on—he hurt her neck the first time, and the second time he got it and ran away—I ran after him, crying, "Stop thief," and the policeman took him.
(Property produced and sworn to.)
Prisoners Defence. The beads dropped off the child's neck—I picked them up, and was going on—I saw a man with a stick, and threw the beads to the child.
(The prisoner received a good character.)
GUILTY. Aged 15.—Recommended to mercy.— Confined One Month.
CHARLES SIMPSON . I keep the Black Lion public-house at Bayswater. The prisoner was my pot-boy between two and three months—he took out beer, and was to receive money—Mr. Rochford, of Petersburg-place, was a regular customer of mine—the prisoner had a bill to deliver to him every week, and he said it was not discharged.
Prisoner. I paid him 6s. on the Saturday night, and told him to cross it out of the book. Witness. On Saturday night, the 28th, he had 9s. standing against him, and said I might take his week's wages, which was 6s., but that had nothing to do with this—I sent the bill in to Mr. Rochford on the 30th.
ELIZABETH SIMPSON . I am cook to Mr. Rochford, of Petersburg-place—we had beer from the prosecutor—I paid the prisoner, on Monday, the 30th of September, 1s. 2d., and on every Monday previous, the same sum—I never had a bill of him.
JAMES KELLY (police-constable T 113.) I took the prisoner—he said he had received the money, and paid it to Mr. Simpson, who scratched it out of his book, but he supposed he did not know what he was doing, as they were all drunk alike, as they had had an annual dinner that day—he was drunk when I took him, and very abusive.
Prisoner's Defence. I paid it to my master—I told him I had received it a week before.
NOT GUILTY .
Prisoner. You had a bill sent in, and Mr. Simpson told you not to pay me, and you did not pay me Witness. Yes, I did—I received a bill of several sums of 1s. 2d., but I had paid the prisoner on the Monday.
CHARLES SIMPSON re-examined. I had not cautioned Mrs. Simpson not to pay the prisoner before the 30th of September—I did not discover this till the 11th of October, when the prisoner was in such a state that he could not settle his beer.
GUILTY . Aged 23.— Confined Three Months.
JAMES MANWARING . I am apprentice to Mr. Roberts, a surgeon, in Assembly-row, Mile-end. I was in my master's shop on the 12th of October, and saw the prisoner talking to a little girl—in consequence of suspicion I watched, and saw him draw the little girl towards him, put his arm round her neck, and take off the necklace—he ran down the steps, and joined five or six of his companions—I believe there were two girls and the rest were boys—my master came in just as I ran to the door—I told him—he went out, and took the prisoner—the little girl was standing on the step of the door belonging to Mr. Home—the party ran off to the corner of Charrington's brewery—there was plenty of time to get rid of the necklace before he was taken.
Cross-examined by MR. PHILLIPS. Q. How many were taken up for this? A. Five—one girl, and the rest boys—three of them were fourteen years of age, and the others twelve—I had ever seen the prisoner before—the others were fifty or sixty feet from him.
ELIZABETH GOODMAN . I am nurse in the family of Mr. Home, who lives opposite Mr. Roberts's. On the morning of the 12th of October my master's daughter, Sarah Home, was at the street door—I heard her scream, and she had lost her coral necklace, which I had seen on her neck a short time before.
HENRY PARKER (police-sergeant K 10.) The prisoner was given into charge for stealing a necklace—he said he knew nothing about it—I have not found it—I was told of it about ten minutes after the robbery—he had joined the party again.
(The prisoner received a good character.)
GUILTY. Aged 14.—Recommended to mercy.— Confined One Month.
2893. JAMES BUCKLEY was indicted for stealing, on the 10th of October, 1 coat, value 1l. 7s.; 1 box, value 5s.; 1 hammer, value 1s.; 1 wrench, value 1s.; and 2 screws, value 1d.; the goods of Edward Archard.
EDWARD ARCHARD . I am proprietor and driver of a hackney coach, and live in Somers-town. I went out with my coach on the morning of the 10th of October, and went into the City on business—I was obliged to return home—the waterman recommended Anthony to take care of my horses and coach—he kept out till the following morning—I went in a gig to see what became of them, and met the prisoner with the great-coat on—I jumped out, and accused him of being with the other man as buck—he said he had not—I returned home, and found th«j coach bad come home—a box under the coach was broken open, and a hammer and wrench had been taken out—this is my coat which I found—the prisoner got all the money he could that night.
Prisoner. You said, "Have you seen my coach?"—I said, "Yes, at Charing-cross, and here is your coat"—you never got out of the gig.
Witness. I took you, and gave you in charge.
JOHN ANTHONY . I am a hackney-coach driver. I went out with Archard's coach on the morning of the 10th of October—I met the prisoner on the stand at London-bridge about five o'clock in the evening—I got drunk, and between seven and eight o'clock the prisoner pulled me out of the coach at Trafalgar-square—he said, Come and have some coffee"—
he said, "I will take care of the coat"—he went off towards Westminster. bridge with it—that is all I saw of him—I was completely drunk—I have no recollection of his driving me about.
WILLIAM MARTIN . I am pot-boy at the White Bear public-house, King William-street. The prisoner gave me the hammer and screw wrench and asked me to take care of them till he called for them again—they were wrapped in some wash leather.
EDWARD MARKLEW . I am a licensed victualler. The prisoner frequented my house at times—he was in company with Anthony on Thursday, the 10th of October, at my house—I lost a poker—I did not miss it till I was fetched to the Mansion-house.
JOHN CHARLTON . I am waiter at Mr. Wright's coffee-shop, at Charing-cross. About six o'clock in the morning the prisoner left the coat and the tools, and said if Mr. Archard should call they were there—I took then in—my master said he would not have them there, and I took them back to the prisoner, who was drinking outside with some men—the coach was not opposite the door—it was on the rank, as far as I know—I did not see the broken pieces of wood or the poker—the prisoner told me these things belonged to Archard, and after I gave him the coat he said, if Archard should call for his coat I was to tell him he would find it at the White Swan public-house, London-bridge.
FRANCIS DRAKE (City police-constable, No. 440.) I had information of the robbery on Monday last—I met the prisoner in King William-street that day—I told him I wanted him, and he walked with me to the station-house—I saw the coach before it was driven to Charing-cross, on London-bridge—the prisoner was on; the box, and the coachman was inside, a little is liquor—the prisoner said he would take the coach home—Charing-cross is not in the way from London-bridge to the prosecutor's house—Holborn would have been nearer—the prisoner pretended to drive the coach home about twelve o'clock.
Prisoner. I had the coat on my shoulder—the driver would not take the coat home, nor the tools—I left the tools at the coffee-shop, and said would take the coat as far as King William-street, and if the owner comes he can have it—I met the prosecutor, and he said, Have you seen my coach?"—I said, "Yes, it is at Charing-cross, and here is your coat"—I went to the policeman of my own accord, because I knew I was innocent.
Prisoner's Defence. Anthony had treated me and another man, and then he put the coach in the rank—he gave me the coat to take care of, because the prosecutor should not lose it—I left word that the owner might find me at the Swan public-house—I was going to take the coat to leave at the bar there—I did not know where the prosecutor lived.
GUILTY .— Transported for Seven Years.
JOHN HEALY . I am servant to William Henry Mercer, who lives in Blue Anchor-road, Bermondsey, he is a market gardener. I was with him in Covent Garden-market on the morning of the October—I missed a basket of walnuts from under the wagon—I ran in the direction of Whitehall, and opposite the Horse Guards I saw Perry with the based on
his head—Lane was walking alongside of him—Perry shoved the basket into a coal-wagon, and Lane kept it upright in the wagon—I collared them, and said they were my prisoners, and the basket fell down—Lane bit my fingers—I got them to the pavement—Lane got from me—I told the policeman to take him—he got away, but was brought back—a porter came by, and I told him to take the basket—I never let go of Perry till the officer came up.
JOHN ALLUM (police-constable A 181.) I saw Healey struggling with the prisoners—Lane got away, and ran off—I took him in St. James's Park—I brought him back to Healey, who had Perry in custody—I gave the walnuts to the owner by order of the Magistrate.
Perry's Defence. I was coming from Whitehall—a boy came with some apples and these walnuts, he asked me and this other man to carry them, and said he would give us a few walnuts—then he asked the man to let us shove them into the cart, which I did.
Lane's Defence. A boy asked us to carry the walnuts, and Perry asked me to give him a lift up, which I did.
(The prisoners received good characters.)
PERRY— GUILTY . Aged 18.
LANE— GUILTY . Aged 17.
Confined Two Months.
THOMAS HENRY THOMSON (police-sergeant D 4.) On Sunday, the 5th of October, I was on duty in Little James's-street, Lisson-grove, and saw the prisoner at the back of a wall—there was a light of gas thrown on that wall—he was doubling up something—he ran away—I followed him through some empty houses—he got on a privy, the roof gave way, he fell in, and I took him—he has known me for years—he said, "Don't collar me, I will go with you, if it is for murder—I found some copper gutters and piping where I first saw him—I asked where he got it—he said he found it, and in going along he said I might do some good for him—I said I should do no more than my duty made me—I took him to the station-house, and then went back and found this other piece of copper.
THOMAS TOMLINSON . I am a plumber, and live in Bell-street. I and my brother were repairing these houses—this copper belongs to us—this old copper pipe and guttering was removing to make way for new—we were to have the old materials—I missed some copper from where I deposited it, at No. 1, Little James's-street—I went with the officer to the house, and went to open the door with the key, and the lock fell to pieces, it had been broken—it is about one hundred yards from where the officer found the prisoner—I am satisfied this copper is the same, but I will not swear to it—it corresponds in quantity with what I lost, and in shape and material also.
Prisoner's Defence. I was coming from the pay-table—I and my mate had some words about 1s. 6d., and he struck me—I struck him—some persons came round—the policeman was coming, and I got through an empty house, and got on this place.
GUILTY . Aged 29.— Transported for Seven Years.
JOHN ALLEN . I live at Waltham Abbey, Essex; my father is a farmer. I was in Whitechapel on the 19th of October—I went to the Swan public house, and left my cart in the street, and my coat in it, with some hay on it—I was away some time—when I came out my coat was gone, and the prisoner Simmons was in custody.
JOHN SOLOMAN ISAACS . I am a farrier, and live in High-street, Whitechapel. The cart was opposite my house—I saw Simmons get up the ladder at the back of the cart, sit himself down a minute or two, and lay himself on the ladder—he then got down, and Krull went and took something from the hind part of the cart, and, as he went away, I saw part of the coat hanging down—Simmons remained there—he had been about twenty yards from the cart when Krull went to it—I afterwards found Krull in Church-lane, about 500 yards from the place.
HENRY ISAACS . I live with my father, the last witness. I saw Simmons go to the cart, and sit at the end of it—then he got down, and went on the pavement—Krull went and took the coat, and ran off—I do not think Krull saw Simmons go and sit in the cart.
WILLIAM CARR (police-constable H 109.) I was on duty in Whitechapel—about two o'clock Mr. Isaacs told me of this, and I took Simmons—he said he knew nothing at all about it—I received information that Krull was in Church-lane—I went and took him—he said he knew nothing about it—I had before that seen the prisoners in company together, going towards where the cart was, and Krull had been offering a razor for sale, which I have now.
SAMUEL TAYLOR . I am street-keeper of Whitechapel. I had seen the prisoners in company together all that day, up and down Whitechapel market—I saw the prosecutor leave his cart—I crossed over to Essex-street, and the prisoners passed me—I was speaking to Can—Isaacs came and gave me information.
(Simmons received a good character.)
SIMMONS— GUILTY . Aged 20.— Confined Three Months.
KRULL*— GUILTY . Aged 21.— Confined Six Months.
JOHN GRACE . I am fourteen years old, and live with Mr. John Plumb, a baker, in Elizabeth-street, Hackney-road. On the 10th of October, about half-past ten o'clock, I was in the parlour behind the shop—I saw the prisoner at the till, putting some silver money in his mouth—he ran away—I called my master, who caught him.
JOHN PLUMR . I followed the prisoner, and saw him throw something away—I ran and caught him—a young woman, in my Presence, picket up a sixpence and gave it to me—I had seen a sixpence in the till just before.
GUILTY . Aged 13.— Transported for Seven Years—Convict Ship.
ANN MUNDAY . I am the wife of Thomas Munday; we live in St. Pancras-fields, near the yard of Mr. Thomas Weeks, where my husband works. On the 23rd of October I saw the prisoner jump over the fence into the yard, and take a sack from under the shed—he jumped back—I told my husband, who took him.
Prisoner. It was outside, on some rubbish. Witness. No, it was inside, and you went and took it.
GUILTY . Aged 22.— Confined Three Months.
JOHN EDWARDS (police-sergeant B 14.) On the afternoon of the 22nd of October I saw the prisoner leave the back of the house, No. 10, Bel grave-square, where there were some repairs doing—I followed, and stopped him in Knightsbridge, and asked what he had got—he said, "Nothing"—I found one piece of lead in his trowsers, and three other pieces in his waistcoat and jacket pockets.
FREDERICK CHITTENDEN . I am a plumber. I have two partners—the prisoner was in our employ, and was at work as our journeyman, at No. 10, Belgrave-square—I have no doubt this lead is ours—he was working with such lead.
Prisoner's Defence. A person in the trade gave me the lead.
(The prisoner received a good character.)
GUILTY. Aged 41.—Recommended to mercy.— Confined One Month.
CHARLES POWELL . I am a sailor, and live in a court in New Gravel-lane. On the 22nd of October, about nine o'clock at night, I met the prisoner, in the Black Horse public-house, Tower-hill—I went with her to the King of Prussia public-house, in Blue Anchor-yard—it was then close upon twelve o'clock—I after that went to a house in Rose-court, and went to bed with her—I was a little the worse for liquor—I took off my jacket, waistcoat, and handkerchief, and put them on a chair—I awoke about seven o'clock in the morning, and missed them—the prisoner said she knew nothing about them, and that I had not any on when she brought me to the house, but I know that I had put them on the chair—I said if she would let me have my things I did not wish to hurt her—but she made fun, and laughed at me—I said I would give her some money if she would give me them back—I lost some money—I think I had about 6s. when I went to the house—this is my jacket and handkerchief—(looking at them.)
EDMUND GAPP . I keep the King of Prussia public-house—the prosecutor and prisoner were there on the 22nd of October—they had both been drinking—when they went away the prosecutor had his jacket, waistcoat, and neck cloth on—in about half an hour the prisoner came back, and
asked to leave a shawl till the morning—the officer came and had it—the jacket was in it.
GEORGE SMITH . I am a police-sergeant. The prosecutor came to me in the morning to complain of his loss—I went to the Crown and Seven Stars public-house, in Rosemary-lane, and found the prisoner there—she said the whole time he was with her he had neither jacket, waistcoat, nor handkerchief on—and on the way to the station-house she said she hoped I would make it as light as I could for her, and she would make it all right another time—I went to Mr. Gapps, and got the shawl and jacket—I found the waistcoat last Thursday, at a Mrs. Murphy's, in Rosemary-lane.
Prisoner's Defence. The prosecutor said he would pay me the next morning—he and I got drunk—I spent 1s. 6d. of my own money—he left me his jacket, and I took that and my own shawl to the public-house—when I came back he was quarrelling with a man and woman, and it is most likely that woman took his waistcoat and handkerchief, as he had neither of them on—I asked him where he had been, and he said with some girl—in the morning he asked me for these things—I said I did not know where I left the jacket—he asked if I had any money—I borrowed a sixpence, and we had a pint of beer and a quartern of gin—he then fetched this officer.
GUILTY .* Aged 24.— Transported for Seven Years.
JOHN FREEMAN . I keep the Prince Regent beer-shop, in King's-road, Chelsea. On a Thursday morning, three years ago, I went in the garden adjoining my skittle-ground, and missed a large game cock—I went to the prisoner's shop in Orchard-street, and while there I heard the cock crow—I was acquainted with its voice—I could tell it from the voice of any other—I charged the prisoner with having it—he denied it—I went into the kitchen, and found the cock in a cupboard—the prisoner then said he had purchased it of a person the night previous—I took the fowl, and went with him to a man named Lee, in Bruton-street—the prisoner then proposed to go home and get his horse ready, and he would go with me to a man with a white hat, who he said he had bought the cock of—he then went away and did not return—he had before that asked me the price of the cock, so that he knew it was mine—I had a fowl-house in my garden—some of my fowls used to roost there at night, and some go in the trees.
Cross-examined by MR. PAYNE. Q. What became of the cock" A. I took it home and let another person have it—it afterwards died in a fight—I have heard by several persons that the prisoner has been about the neighbourhood—I never saw him in my shop, nor heard that he has been there—I have been told he has been in the neighbourhood eighteen months, and that he has been employed by Mr. Dalton—I did not mean to take the prisoner, or to have any trouble—there was a dispute with him and a man of the name of Dyer—Dyer called on me after he had been up at Queen-square, and said if I did not proceed against Manners he should think I had compounded a felony with him—he said Manners would be at Queen-square on an assault warrant—that case was dismissed, and then he was taken on this.
COURT. Q. Did you trouble yourself to apprehend the prisoner? A. No, I have been told he was about, and I have told people I did not want to see him—I considered he had punishment enough.
JAMES PANTING (police-constable B 68.) I apprehended the prisoner—he said he knew all about it, but the prosecutor might have apprehended him before if he had thought proper, for he had seen him repeatedly.
NOT GUILTY .
2902. HENRY JARYIS was indicted for stealing, on the 19th of October, I watch, value 40l.; I guard-chain, value 12l.; I watch-chain, value 1l.; and I seal, value 1l.; the goods of John Alexander Allan.
JOHN ALEXANDER ALLAN . I live in Canonbury-square, Islington, and am a merchant. On the night of the 17th of October, I took a cab—I had a gold watch with me, a guard-chain, a chain, and seal—I was set down at Holborn-bars, and got home at eleven o'clock at night—I missed my watch and chain, and seal the next morning—I was not aware that I had lost them—I thought I had left them in the City—this is my watch and chain—(looking at them)—the watch was perfect when I had it—the glass is now broken and the dial damaged.
Cross-examined by MR. DOANE. Q. Was it not in such a state as it would have been if any one had trodden on it? A. I think the glass would have been broken if a person's boot had come on it—the watch and guard were in my fob, as the screw which fastened the chain to the watch was loose, and on one occasion it had come off—I cannot say whether the prisoner was the driver of the cab.
COURT. Q. Is it possible that in getting out of the cab the watch might have slipped out? A. I cannot account for it at all—whether I made a mistake and put it in my trowsers, I cannot tell.
WILLIAM JOHNSON . I am an assistant to my uncle, a pawnbroker, in Providence-row. On the 19th of October, at nine o'clock in the morning, the prisoner produced the watch and chain, and asked me if it was gold—I asked whose it was—he said it was his own—I asked where he got it—he said he found it in his cab—I asked him what he was going to do with it—he said to keep it—I sent for an officer, and gave him into custody.
ANDREW BOYESON (police-sergeant G 19.) I was fetched, and received the prisoner—I asked him where he found the watch—he said in cleaning out his cab, amongst the straw—he did not then say what he meant to do with it, but at the station-house he said he meant to take it to Somerset House to know what to do with it.
NOT GUILTY .
EDWARD STANTON . I live in Pancras-street, Tottenham-court-road, and sell newspapers—I have known the prisoner about three years. On the 22nd of October, I received a 5l. note on the Bath bank to get it changed for my sister—I did so, and I got 4l. 15s., in four sovereigns, one half-sovereign, and two half-crowns—they took 5s. at the coach-office for changing it—I afterwards met the prisoner and his wife near Clare-street—I took them to a public-house in Drury-lane, and gave them something
to drink—I pulled out my money to pay, and told the prisoner I had been for change for the note—we then went to another public-house, and all sat down—I had the four sovereigns in my right-hand pocket—I fell asleep, and when I awoke I found myself in the station-house at Bow-street-the prisoner was there, and two other men—my right-hand pocket had been cut off, and my money was gone—I told my fellow-prisoners, and the prisoner said he had got some of it, and he gave me 9s. 11d.—I called the policeman, and told him I had been robbed—a light was fetched, and my pocket was found on the floor of the lock-up room.
Prisoner. He said he brought his money into the lock-up place—I was searched, and only 7s. and a few halfpence were found—I never saw a sovereign, nor touched it—he gave me 10s. two hours before, and told me to take care of it. Witness. No, I did not.
THOMAS HORSELL . I am a shoemaker. On the 22nd of October, between seven and eight o'clock, I went to the Six Cans and Punch Bowl public-house in Holborn—I saw the prosecutor, the prisoner, and a woman together—the prosecutor was asleep, with his head against a stall—I had a knife, which I was using, and I put it down on the table—in a few minutes the woman went away—the prisoner then came and took my knife up—he went round the table, and took from one of the prosecutor's pockets 1 1/2 d.—he then went round and cut the prosecutor's right pocket off—I told him he was doing wrong—he said, Oh, he is my brother quite in-law, he don't know how to take care of his money"—he then said he would give me a crown—I said, "Poh, poh, I don't want your crown—I don't think you are doing right"—I gave an alarm, and he went off—I was taken and locked up all night, but I was not in the same place with the prisoner—in the morning I was brought up, and asked if I knew the prisoner—I knew him in a moment, and then I was acquitted.
JOEL BOWDITCH . I am barman to my uncle, who keeps the Six Cans and Punch Bowl public-house in Holborn. On the evening in question, I recollect the prisoner, a woman, and the prosecutor being in the tap room—Horsell came in, and the prisoner went away soon after he came—he went out quickly—Horsell then said that the prisoner had cut the man's pocket—the prosecutor was drunk and asleep—Horsell was given into custody because he had lent the prisoner his knife.
LEWIS KERR . I am a policeman. On the morning of the 23rd of October I was acting as jailor at the station-house in Bow-street—the prosecutor called to me, and said he had been robbed of four sovereigns—the prisoner, and Stanton, and two other men were in that cell—I picked up from the floor the bottom of a pocket, and I found on the prisoner 6s. 10d. In silver, and 1 1/4 d. In copper—Horsell was locked up, but not in the same cell—the prisoner told me he had handed some money over to Stanton, which he said Stanton had given him over night to take care of—I took 24s. 6d. In silver, and 5d. In copper from the prisoners wife—I believe the prisoner was apprehended in Holborn, for being drunk, and creating a disturbance, and assaulting one of our constables—I asked him where he lived—he said, In Pancras-street, Tottenham-street, which I found was false—I have ascertained that he lives in Star-court—the inspector told me to go and find the prisoner's wife—I made inquiries—his wife came up, and said she was his wife—I asked her where she lived, she said, "At No. 26, King-street"—I took her there—she said she lived in the garret—I followed her up stairs, and found she did not live
there—the prisoner was not brought in for an hour and a half after the prosecutor—he had had plenty of time to get rid of the money.
Prisoner's Defence. I told the officer where I had worked for nearly eleven years—I am a harness-maker—I am entirely innocent of the charge—the prosecutor gave me 10s., as I have stated—I never saw any money in gold.
GUILTY . Aged 46.— Transported for Ten Years.
Sixth Jury, before Mr. Sergeant Arabin.
JAMES PAINTER . I am in the employ of William John Bird, a general dealer, in Exmouth-street, Spafields. On the 21st of October, about half-past three o'clock, I saw the prisoners loitering before the shop—I saw Johnson take down the flute, and hand it down close to the hand of M'Lean, who took it up, put it into an umbrella. and walked off with it—I went out and collared Johnson—he slung himself round, and got away—M'Lean walked off—I went and took him, and found the flute—I took him to the station-house, and in ten minutes Johnson was brought in—this is the flute.
JOHN JOSHUA MOSS . I was passing Exmouth-street, and saw a scuffle between Painter and Johnson, who got away, and ran up Euston-street, into Wilmington-street—I lost sight of him—a gentleman called to me, and gave him into custody.
McLean's Defence. I was standing at the shop for about ten minutes or a quarter of an hour—I had my umbrella in my hand, with my hand across the wires—I was walking slowly away, and this man came and shook me very violently, and I observed this flute in the umbrella. just below my knee—I never saw Johnson in my life.
Johnson's Defence. I was quite cool—had I run as the witness stated, I must have been very hot.
MCLEAN— GUILTY .—Aged 29.
JOHNSON— GUILTY .—Aged 19.
Confined Three Months.
2905. HENRY HAINES was indicted for stealing, on the 23rd of October, 7lbs. 5oz. weight of beef, value 4s.; 1 3/4 lbs. weight of mutton, value 10d.; and 7 oz. weight of lamb, value 3d.; the goods of William Flower, his master: and WILLIAM PARSONS , for feloniously receiving the same: well knowing it to have been stolen; against the Statute, &c.
WILLIAM FLOWER . I am a butcher, and live at Brentford. Haines was my foreman, Parsons was ostler at the Castle Inn, opposite my house—last Wednesday morning, between six and seven o'clock, I went to Southall-market, and left Haines in care of my business—on my return, between eleven and twelve o'clock, my brother said something to me—I inquired of Haines what money had been taken previous to my brother's coming down—he said 10 1/2 d.—I asked what for—he said, for 1lb. 5oz. of beef-steak, which he sold to a bargeman, and 1/4 of a pound of suet, to Mr. Beacham—I said, "That can't be right, because it would come to 1s. 1/2 d. "—he said he had forgotten, it was 11b. 1oz.—I asked if that was all he had sold—he said, "Yes "—my brother asked if he had sold
any salt-beef—he said, "No"—I said, "How came you to bring it up before the time, from where it was kept?"—he said he had shown a piece to a person, but they did not buy any—I went over to Mr. Kelly's, at the Castle Inn, and made inquiries—I then went to Parson's house, and found some mutton, lamb, and beef-steaks there—I went home, and called Haines into the counting-house, and said, "Have you sold nothing to Mr. Kelly's ostler?"—he said, "No"—I said, "Recollect yourself, not any beef-steaks?"—he said, "No"—I returned to Parson's house, and got the meat, which, his wife said, came from my house, the beef, the steaks mutton, and lamb—I have other servants that serve when I am away, but they could not have stolen this—they were not in the shop—when I returned with the meat, I called Haines into the counting-house, and said, "This is a very pretty quantity of meat for 8d."—he said, "I hope you will forgive me, on account of my mother"—he was about to leave.
Cross-examined by MR. BALLANTINE. Q. Did not Haines say, "I did sell some beef-steaks, but I had forgotten it?" A. Yes, that was between 3lbs. and 4lbs., and he hoped I would allow him to go—he said he would go quietly away from the place, and never come near it again—part of what I found was salt-beef.
Cross-examined by MR. JONES. Q. Parsons is ostler at the Castle Inn? A. Yes—he dealt at my shop—I might occasionally trust him for a day or two—I never saw his name in the book—the lamb I found was not tainted.
EDWARD TALBOTT (police-constable T 30.) The prosecutor gave Haines into custody—he said he knew nothing of any salt-beef—he had not sold any to any one—I took Parsons in his back kitchen—I found some salt-beef—he said he had got it of Haines, but had not paid for it—he said he bought the beef-steaks and the mutton, and gave Haines 6d. for it—Haines was present.
HAINES— GUILTY .— Confined Three Months.
PARSONS— NOT GUILTY .
ALFRED GODFREY . I am in the employ of my father, John Godfrey; he lives in the Curtain-road, Shoreditch. On the 7th of October the prisoner came in for a pennyworth of returns—I went to the jar to get it, and saw her make a snatch at the soap-box—she did not get it then—I went to the jar again, and she got the soap, put it in her handkerchief, and put it under her arm—she then bought the tobacco and another piece of soap, which she had weighed—it came to 1 1/4 d.—she was going out—I went round and said she had another piece of soap—she said she had not—I called my brother—she then shook it out of her handkerchief, and said she was going to pay for it.
Prisoner. Q. Did I not ask the price of the mottled soap? A. No.
Prisoner's Defence. I have dealt at the shop for some time.
the prisoner's former conviction, which I got from Mr. Clark's office—the prisoner is the person—(read.)
GUILTY . Aged 49.— Transported for Seven Years.
ELIZABETH WADDINGTON . I am the wife of William Waddington, who keeps a beer-shop in Phillip-buildings, Wilsted-street, Somers-town. On the 20th of October, about ten o'clock at night, I was sitting in front of the bar, I looked through a window, and saw the prisoner at the till, and saw him take his hand out of the till—I went out, seized his hand, and called my husband—he resisted as much as he could, and said he had nothing hut 2s. In his hand—my husband forced his hand open, and found the money—there were 16s. or 17s. shillings in the till before.
Cross-examined by MR. DOANE. Q. He had been drinking there? A. Yes, two or three hours—he was rather the worse for what he had drank—I am sure his hand came out of the till, which was shut, but he opened it—two shillings were in his hand.
WILLIAM WADDINGTON . I am the landlord of the house—my wife called me, and I found her holding the prisoner's hand—he said, "It is all right"—I requested him to open his hand, he refused, but after I had put my hand in his pocket, and taken one half-crown, four shillings, two sixpences, and I think 11 1/4 d. in pence and halfpence, he opened his hand, and there was in it two shillings, but I know there was a half-crown in the till, and considerably more silver than when I came to it.
Cross-examined. Q. Did you see the contents of all his pockets? A. Yes, I had had a glass of ale just before—I did not stay till this took place.
GUILTY . Aged 25.— Confined Three Months.
2908. THOMAS PEARTON was indicted for stealing, on the 23rd of October, 7 tame ducks, price 14s.; and I tame goose, price 5s.; the property of Charles James Taylor.—2nd COUNT, for stealing 7 dead ducks, value 14s.; and 1 dead goose, value 5s.; the property of Charles James Taylor.
HENRY CREED . I am a police-sergeant. On the 23rd of October I was on the Uxbridge-road, near the top of Ealing—I saw a cart travelling to London at three o'clock in the morning—there was a bundle behind it, and a man walking five or ten yards behind—I asked if the bundle belonged to him—he said no, it belonged to that man, pointing to the prisoner—I went and asked the prisoner if it belonged to him—he said, "Yes," and he had two or three ducks in it—that he had bred them and killed them, and was going to take them to London market—I took him and the bundle, in which I found seven ducks and a goose, which was warm.
CHARLES JAMES TAYLOR . I am a farmer, and live at Heston, about thirteen miles from London. These ducks and this goose are mine—I lost them on Tuesday—they were all safe at half-past nine o'clock in my yard, and were stopped at three o'clock the next morning—my yard-gate
was locked, and the thief must have got over the fence—I had seen the prisoner about our place the night before.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Six Months.
WILLIAM PRICE . I live with my father, this watch is mine—I left it on the 27th of June in a drawer in the bed-room—I missed it, and my brother (the prisoner) was suspected—we asked him about it, and he denied it, but he afterwards confessed about it—my mother went and found it at the pawnbroker's.
GUILTY. Aged 15.—Recommended to mercy by the Jury — Transported for Seven Years—Convict Ship.
FREDERICK BUCKINGHAM . I am the son of Robert Buckingham, a linen-draper in Shoreditch. On the 22nd of October I saw the prisoner near the door of our shop with some others—the prisoner stole this calico from outside the door—I went after her, and four or five doors from the shop I laid hold of her—she asked what I wanted of her—I said she had a piece of calico—she denied it—I took it from her, and my brother came up and took her back. I had only put this out ten minutes before—there are 63 yards of it.
Prisoner's Defence. I was going down Shoreditch, and two girls threw it on my arm.
GUILTY .* Aged 18.— Transported for Seven Years.
WILLIAM JACK . I live in Broad-court, Drury-lane. This copper was fixed in my kitchen—at a quarter before eight o'clock, last Monday morning, I saw the prisoner coming out of my private door with it—I went in the kitchen and found the bricks all about, and the copper gone—I went into Long-acre—a person there gave me information—I went to Hanover-street and saw the prisoner—he turned and saw me—he threw down the copper, and ran—the policeman followed him, and I staid by the copper—he escaped then, but was taken next day—I believe he is the man—this is my copper.
WILLIAM SINNOCK (police-constable F 91.) I saw the prisoner coming down Hanover-street with the copper—he passed me—Mr. Jack was running after him—he said, "That man has stolen my copper"—the prisoner looked, and saw Jack point at him, and he threw down the copper and ran away—I pursued, but could not take him—I gave a description of him, and he was taken the next day—I am quite certain he is the person.
Prisoner's Defence. I am quite innocent.
GUILTY . Aged 18.— Confined Six Weeks.
ELIZABETH ROBERTS . I am a widow, and keep a tobacconist's shop, in Paul-street, Finsbury. On the evening of the 21st of October a box of cigars was taken from my counter, but I did not see it—this is my box and my cigars—(looking at them.)
JAMES CLIFFORD . On the 21st of October, a little before eight o'clock, in the evening, I was passing Mrs. Roberts's shop, and saw the prisoner standing by the counter, looking towards the parlour-door—I watched him two or three minutes and saw him take a box of cigars off the counter, and pot it into his apron—he came out—I let him get about two yards, and then took him.
GUILTY .*** Aged 16.— Transported for Seven Years.—Convict Ship.
ELIZA CHARLES . I am the wife of Samuel Charles. I am a laundress. We employed the prisoner to carry the linen and to turn the mangle—on the 10th of September he went to Mr. Wooler's, in Margaret-street, Cavendish-square, and brought the linen—I counted it, and it was all right—the next morning I missed two table-cloths and a handkerchief—I allowed him to lodge in my house, as he was in distress—these are the table-cloths and the handkerchief—(looking at them.)
JAMES ALDRIDGE . I am a cab-driver. I was standing by my horse's head one day—the prisoner came, and asked me if I would buy a ticket of a pocket-handkerchief—I said I did not want it, but he said he had no breakfast, and I bought it of him for 6d.—I got the handkerchief—this is it.
GUILTY of stealing the handkerchief. Aged 23.
2914. JOHN BERRYMAN was again indicted for stealing, on the 24th of September, 2 shirts, value 6s.; 1 shift, value 2s. 6d.; 1 cap, value 1s. 6d.; 2 table-cloths, value 11s.; 1 sheet, value 4s.; and 1 petticoat, value 3s.; the goods of George Henry Phillips.
SARAH GRAHAM . I gave out the bundle of linen to the prisoner on the 24th of September—I do not know the contents, as my mistress had counted the things up the night before—I know it contained a table-cloth and some other things—I gave it the prisoner to take to Mrs. Charles.
ELIZA CHARLES . I wash for Mr. Phillips's family—the prisoner had left my employ on Friday, the 20th of September, and he went for these things on the Tuesday following—he never brought them to me—I never saw him till he was taken up.
GUILTY . Aged 23.— Transported for Seven Years.
OLD COURT.—Monday, October 28th, 1839.
Third Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 21.— Confined Six Months.
JANE STODHART . I live in Anchor and Hope-alley, and let lodgings to sailors—the prisoner lodged with me eight weeks—I missed the property stated the day after he left to go to sea—this shirt (looking at one) was part of it, and was my husband's—I am a widow.
CHARLES PATTEN . I am a policeman. I became acquainted with the prisoner about six months ago—about a fortnight or three weeks before he went away he asked me to go with him to a pawnbroker's, to get a few things out of pawn to take to sea with him—I went, and he got out six or seven shirts—while getting them out the clock struck twelve—he said it would be too late to get any more out now, and he told me to take care of two tickets till he came back—this was on the Saturday before he went away on the Monday—this shirt was afterwards found on him at the station-house.
Prisoner. I throw myself on the mercy of the Court.
GUILTY .— Confined Three Months.
GUILTY. Aged 46.—Recommended to mercy.— Confined Twelve Months.
No evidence being offered upon this indictment, the Prisoner was
JOHN MCDOWELL . I live in King-street, Golden-square, and let unfurnished apartments—the prisoner lodged with me four days—about half an hour after she left I missed my watch from the bed-head, in the front room—this is it—(looking at it.)
Primer. I had not left the house—I staid after the watch was stolen.
Witness. She had paid her rent, but had not left—she was given into custody in the house.
(The prisoner in her defence stated, that she saw a man on the stairs as she went up, and told the landlady of it, and that she never had nor ever pawned the watch.)
GUILTY . Aged 20.— Confined Three Months.
Before Mr. Baron Gurney.
GUILTY .— Death recorded.
MR. BALLAKTINE conducted the Prosecution.
DAVID PAPE . I am a carpenter, and live in Sheffield-street, Claremarket. On the evening of the 28th of May I had been to a club in Somers-town, with some friends—we got into King-street, Holborn, near upon twelve o'clock—I was with Crowl, Monday, Denton, and Fitzpatrick—I was very bad at the time in my feet, with the gout, and was leaning on Denton's arm—Crowl was rather behind us, and the others were at the top of the street/bidding one of the party good night—as we walked along we met the prisoner and some others—there was one on each side of him, two behind, and I think three more behind them—the prisoner was walking arm-in-arm—one of the three said to me, You b----, can you fight?"—I was looking down at the time—I then looked up—Crowl was a little before—they all three put themselves in a fighting attitude—Crowl then snatched my stick out of my hand, and said, "What are you going to do with my friend?"—some parties behind the three in front said, "Hit the b—down," and that party directly struck the deceased—I did not see which of them—I caught the person's arm by the wrist, as he was going to strike the deceased, and I caught the deceased's arm also, and held him by the arm, to prevent either striking, and I got hit and knocked down by the whole party altogether—the deceased was struck against the rails—I did not see who by—there was then a general fight altogether—I could not see whether he was struck more than once, for I was knocked down myself—I cannot tell to a certainty which of our party had come up at the time—there was a gas-lamp close by where I was-r-after the second attack I aw the persons distinctly, ✗ I lay on the curb-stone—I saw the prisoner—the affray continued for about ten minutes—as I laid on the curb-stone, I saw two policemen come up—I cannot tell where Crowl was while I was on the curb-stone—I got up, and asked the policeman to take the parties into custody—(the prisoner and his companions were there at the time)—the policeman refused, saying he did not see any blows struck—the next time I saw Crowl he was at the end of the street, sitting on some stones
with Denton—the policeman came up, and said we had better go home—I took Crowl home to St. Clement's-lane—he was afterwards taken to the hospital, and I believe died that very day week.
Cross-examined by MR. PHILLIPS. Q. How long after this did you see the prisoner? A. The night I gave him into custody, which was about a month ago—I had not known him before the night in question—it was at a public-house in Drury-lane I saw him—no one pointed him out to me—a party came down to a public-house where I was in Portugal-street, and stated to Monday, the other witness, that some of the party were there—I did not hear it stated—I was called out—I believe it was the ostler who told him—when Crowl snatched the stick out of my hand, he endeavoured to strike the prisoner with it—I cannot say how many people there were in the public-house when I went to see the prisoner—there were four or five in the bar, and some in the bar-parlour—I was at the inquest and Monday also—I do not recollect seeing a gentleman walking about there with a Macintosh coat on—I did not see anybody—I am sure I did not point out any person outside as the person, nor did Monday, in my presence—I will not swear that—the party consisted of three first, two next, and three behind—they appeared all to be of the same party—our party struck many blows—I struck several myself—I cannot say about the rest of the party, for I was knocked down several times—I cannot say how many other persons were knocked down—there were several—the policeman who I spoke to is not here, to my knowledge—it was pretty well all over when he came up—he had an opportunity of seeing who was on the spot.
MR. BALLANTINE. Q. Who was the tallest of the three persons who came up? A. The prisoner—I was perfectly sober, and so were all our party.
JOHN DENTON . I am a cabinet-maker, and live in Yates's-court, Clement's-lane. On the evening of the 28th of May, I was in company with Pape and others, returning down King-street, Holborn—I was walking with Pape—I met three persons coming in a direction from Holborn—I did not know any of them—one was rather taller than the others—I can hardly say the tallest man was in the middle, but I think he was—I heard very bad language—the prisoner's party spoke first—they said, You b—s, can you fight?" or, "Will you fight?"—one or the other—Crowl at that time was a few paces behind me and Pape—he said, "What are you insulting my friends, for?"—one of the party then struck Crowl, but who he was I do not know—I rather think it was the tall one—Crowl then snatched a stick out of Pape's hands, (which I thought was the bead of a window,) and struck the tall man, who I think was the man that struck him—the stick broke, and then the same man struck Crowl again, and they fell down in the road, with the man who struck Crowl on him—I then went away in hopes of finding a policeman to part them, and when I returned in about ten minutes, he was sitting down on the edge of the curb-stone or something—he appeared to be hurt—I helped him home, and saw him next day at Charing-cross hospital.
Cross-examined by MR. CLARKSON. Q. Did you see any body but the three who came up first? A. No, I did not stop long enough—I only saw one person engaged—I only saw two blows struck—it is so long age I cannot recollect whether they were all three tall men, but they were tallish—one was rather taller than the others—I do not mean to state that the prisoner was the man—I do not know that he was there at all—it appeared
to me it was the tallest man who struck, but being rather agitated I cannot say—I have not got part of the stick which was broken—there were loose stones all about, as the whole street was repaying.
COURT. Q. What sort of a stick had Crowl? A. By what I saw of it, it was a deal stick, about three feet long, like the bead of a window—I saw no other stick—Crowl was not knocked down with a stick—I consider that he fell in the scuffle, and was not knocked down by a blow—he snatched the stick out of Pape's hand after he was struck.
JOHN MONDAY . I am a carpenter, and live in Sheffield-street, Claremarket. I was with Denton and Pape on the evening of the 28th of May, returning down King-street—I stopped behind the party for a necessary purpose, and the rest went on—when I came up they were fighting—I was notable to hear any thing said—I had scarcely time to say, "Halloo, what is the matter?" before I received a blow, and was knocked down by one of the party—the prisoner was one of the party—I saw him fighting—when I came up Crowl was fighting—when the row was over he was sitting on a stone.
Cross-examined by MR. PHILLIPS. Q. Where was it you saw the prisoner when he was taken up? A. In a public-house in Drury-lane—I should say there were eight or ten persons altogether on this night—there were more of them than of us—our company consisted of five, and theirs of eight or ten—I think an ostler went with me to the public-house where the prisoner was taken—he did not point out the prisoner, to my knowledge—I will not swear it—I attended the inquest—I did not see a man outside with a Macintosh on—I bad never seen the prisoner before this night—I had been spending the evening at the Cheese public-house in Somers-town, with my friends—we had been there about two hours—I fought, and was knocked down—I did my best to knock others down, but there was so much confusion, I cannot tell whether I did or not—there was a gas-light—it was not wet—I do not think I should know any of the other people who were there.
JOHN FITZPATRICK . I am a carpenter, and live in Holies-street, Claremarket. On the evening of the 28th of May, I was in company with Monday and the others, in King-street, Holborn—I was considerably behind them—the parties in advance had met somebody, and were in contention—I did not hear any words—I saw them at a distance—when I got op there appeared a general fight—I did not see Crowl at that moment—I saw the prisoner fighting, and saw him striking at Pape—I had never seen the prisoner before—there was no light except the light of the lamps—I received a blow, and fell on my hands, my hat rolled to a considerable distance, and the person who gave me the blow, said, "This is another of the party"—just at that moment I observed Crowl fighting with a man on the other side, and when they came to the curb, they fell, Crowl undermost, and the one he was fighting with, on the top of him—that was not the prisoner—immediately as they fell, a person came from where the general fight was, rushed over, and stood over the two as they laid on the ground—Crowl and the man over him, struggled—Crowl said he was ill-using him—the person who ran over, lifted his friend right off the leased, on his legs—I cannot say who that was, but it was a strong powerful man—the deceased then endeavoured to get up—I went over and lifted him up—he complained of being ill-used, and put his hand to his side—his nose seemed swollen—I took him a distance down the street—
while we stood there he was complaining to a gentleman how he was ill-used, and the prisoner came down along with others—he was shouting, "Here they are, give it to them."
Cross-examined by MR. CLARKSON. Q. Did you see a stick in the deceased's hands? A. I think he had a stick—it was not a walking-stick, it was a small bit of deal—I did not look at it—it was about a foot long, and white—I did not see him use it, particularly—I had not seen Crowl before that night—I had not been with the party that night—I met them, and was coming home with them—when I met them, Crowl had not the stick—I had a stick, but I threw it aside on the pavement before I came up, because I was not disposed to use it—I was afraid some of the other party might use it on me—I did not throw it away that I might fight the better—I had no disposition to fight at all—I went and found it lying on the pavement, after all was over.
JOHN PROCTOR . I am a tailor, and live in King-street, Holborn. On the night of the 28th of May, I was in my house, and heard a loud noise—I threw up my bed-room window, and heard a loud altercation underneath, and on looking out I saw the prisoner and the deceased fighting—they exchanged some blows, closed, and fell over a heap of stones which had been shot down—the prisoner was uppermost—the deceased when underneath, called out to a friend, either Jack or Bill "For God's sake come to my assistance, or he will murder me—he is now biting me"—I put on my coat and trowsers, and went down into the street—they had then gone in the direction of Holborn, and the prisoner was in a stooping position, I believed him to be bleeding—there were several others there, those who had been engaged—the police at that time had come up—I did not see Crowl then—the policemen said, "Gentlemen, we cannot have this noise here, you must walk on"—the prisoner then raised himself up, and said, "You be d—d, I believe I know the law better than you, and will go when I please"—I had a view of his face then.
Cross-examined by MR. PHILLIPS. Q. You talk very positively of the prisoner, have you always been equally positive? A. No, not till my impression was strengthened by the prisoner resembling a person I know in Holborn, who I described at Bow-street—I saw the prisoner at Bow-street during the examination and before it—my impression has always been as it is now.
COURT. Q. Is your impression stronger than it was once? A. After seeing him at Bow-street I was positive he was the person—I was taken into the sitting-room, and saw him, and was certain of him at once.
WILLIAM CHARLES CALTHORP . I live in Broadway, Westminster. I was house surgeon at Charing-cross hospital on the 29th of May—the deceased was brought to the hospital that day—I examined his left side, which he complained of—I did not observe any injury, nor did I detect any—I did not observe any external marks about his person—he remained in the hospital until the 5th of June, when he died—I made a postmortem examination—I examined his body on the left side, and found the appearance of inflammation, and effusion of water or serum, and what they call coagulum, lymph—the lining of the chest was injected with blood—that was caused by inflammation, which arose from the injury—the fifth rib was broken—in my opinion that injury caused the symptoms which caused death—that injury might be inflicted by a blow.
Cross-examined by MR. CLARKSON. Q. Had you attended him from
the time he came into the hospital till he died? A. I was not his medical attendant—I received him into the hospital—the gentleman who attended him is not here—I believe Mr. Matthias saw the body—I did not observe any external marks of violence—I could not find any fractured rib before death—I did not wish to give him sufficient pain to find that out—it is a painful operation to discover it—I should ask him to cough probably, or to draw his breath hard—I did so, and that gave him pain—a fractured rib is often not detected till after death—it is very easy to detect when several ribs are broken, but it is sometimes very difficult to find a single rib fractured—there was an enlargement of the rib, and it is my opinion under all the circumstances that the fractured rib caused the inflammation, although other causes might probably produce it—there was inside the rib what is called exostosis—that is an increase of the bone, a projection internally of the bone of the rib—the bone was enlarged to the size of a small hazel nut—that would press on the pleura or lining membrane of the lungs—I think it very possible that would irritate the lining membrane—there was no inflammation of the lung itself—it was confined to the lining membrane of the lung—the affection of the lining membrane of the chest appeared recent—I found no other organ diseased—the lining membrane was very much inflamed, and sloughing had taken place—there was an effusion of water—that is very common after death, but not to large a quantity—I should say there was sixteen ounces probably—I bled him once, and he was bled by other persons—I think he was bled three times, but it might be four—his pulse might be about eighty when I bled him—I cannot remember what it was, as I did not expect to be called on to state that—Mr. Houship could tell you more particularly—he is senior surgeon of the hospital—he is not here—he was treated under Mr. Houship's directions, and prescribed for—the acts of the junior surgeons were according to the directions of the senior—there is a complaint called phlebitis, which is inflammation of the vein—it very commonly terminates in pus, and it is very commonly fatal if it is severe—I believe there was some pus in the knee joint internally—that is a common symptom in phlebitis, but not a general one—I believe he had inflammation of the arm, but I had forgotten that when at Bow-street—I cannot say whether his arm was swollen to a most unnatural size—I have no doubt I knew it at the time, but it is a long time ago—it is a very common thing for phlebitis to occur, though the lancet the person is bled with is perfectly clean—I did not bleed him from that arm—there was no inflammation in the arm I bled.
Q. Can you tell how it happened there should be considerable inflammation from bleeding with one arm, and none from the other? A. The man's health might have been worse the second time than when I bled him, and then inflammation would be more likely to ensue—a fractured rib is always a dangerous thing, but it generally does well—I suppose there was a connexion between the fractured rib and the inflammation of the pleura—a fractured rib was very likely to produce inflammation—I have had several patients who have died, and from post mortem examinations I have been satisfied their death arose from inflammation of the lining membrane of the lungs—both that and phlebitis are likely to be mortal—it depends on the strength of the disease—both are dangerous—in my opinion, the deceased certainly did not die of phlebitis—I will not swear phlebitis did not exist, but I was no aware of it.
Q. You did observe what was the commencement of it, the swelling of
the arm and pus under the knee? A. I will not swear to the swelling of the arm—I did not see that myself—phlebitis is sometimes caused by using a lancet on an inflammatory constitution—a wound in the vein is the usual cause—the man's constitution was bad—he was labouring under disease of the bones, which does not speak well for his constitution, and I believe he was in the habit of drinking—the exostosis appeared to have been formed some time—that is very likely to produce inflammation of the membrane—the circumstances attending his death are rather complicated—I am of opinion he died from inflammation of the lining membrane of the chest, but there are other causes open to its not being so—I cannot say with certainty that the inflammation arose from the fractured rib—there was no appearance of phlebitis—I cannot say how much pus there was under the knee joint, but it is not unusual to find pus in the liver and lungs—the state of the knee joint would be accounted for by suppuration—I should not think the matter in the knee joint would be accounted for by inflammation in the vein.
Q. Should you not expect to find the appearance of swelling and suppuration in the knee joint in a patient who had been afflicted with phlebitis? A. Not particularly in the knee joint—I should expect to find if in the joints—I think an injury of the knee would account for the pus—a blow would—he did not complain of any injury from blows—I have no doubt I must have seen his swollen arm, but I was very ill at the time, and a swollen arm is so common a thing in a hospital that I do not remenber it—I am not admitted a licentiate of the Apothecaries' Company, nor yet a member of Surgeon's Hall—I did not say before the Magistrate that I was an apothecary—I believe I was asked if I had received a diploma. and I might have said yes—Mr. Matthias was my colleague at the time.
MR. BALLANTINE. Q. You have stated that the deceased was of a bad habit of body? A. I should imagine so—such an injury as the one in question would certainly affect a man of that habit more than a person of good habit of body.
MR. CLARKSON. Q. Can you undertake to say that the rib had been fractured during life? A. It is most probable—I will not swear it was so—this was a very fragile rib—considering the fragility of the rib, I will not say that in. placing the body on the table for post mortem examination, it might not occur, but it is an improbable thing.
MR. BALLANTINE. Q. You have stated you desired him to cough at one time? A. I did, immediately on his admission into the hospital—that produced pain in his left side where the injury was—that would have arisen from the rib being fractured—the increase of the bone was on the broken rib—I conceive that pressure would have existed before the rib was broken to the same extent as after—the rib was not pressed in—the ends of it were in apposition—the swelling was within the rib, and close to the point of fracture—I think that would probably occasion the pain from coughing—a sound rib would be liable to produce the same effect, but a rib in this state would break more easily—the pus in the knee joint was not sufficient to cause death, unless it was a symptom of another disease, and I saw nothing which led me to believe it was so—I should have thought it was a disease of itself—I have no recollection of examining the swollen arm at the post mortem examination—inflammation of the arm might be occasioned by external violence as well as bleeding.
COURT. Q. Did you see any cause of death except the inflammation
of the lining membrane of the lungs? A. I did not—in my judgment, violence to the side of the chest was the cause of that inflammation—I mean the fractured rib—Mr. Matthias was junior house-surgeon at the same time with me, but not when the deceased came in—I do not remember whether he joined in the post-mortem examination—there were a good many people present—I have no recollection of seeing him examine the body.
MR. PHILLIPS called
CHARLES MATTHIAS . I am a member of the College of Surgeons, and am house-surgeon at the Ophthalmic Institution, in King William-street. In May last, I was one of the house-surgeons at Charing-cross hospital—I was present at a portion of the post-mortem examination of Crowl—at the time I came in the fractured rib had been removed, and the knee-joint opened—I looked at it, and there was some pus in it, which induced me to suspect phlebitis—bleeding would no doubt be likely to produce that—the arm was opened in my presence—I observed that it had been bled—I looked at the vein—it was inflamed and thickened—inflammation of the vein is very frequently followed by matter in the joints—my observation of the vein confirmed my opinion as to the disease in the knee-joint—disease of the vein is very frequently mortal.
COURT. Q. Did it appear to you that that had caused death? A. I thought so at the time, and think so still—I reminded Mr. Calthorp that he had opened the vein in my presence—I did not observe exostosis—the rib was removed before I arrived.
MR. BALLANTINE. Q. Were you a member of the College of Surgeons it the time this took place? A. No, Mr. Calthorp and I were elected at the same time—it was not my business to attend this examination, nor had it been any part of my business to attend to the patient—pus in the knee is produced by other causes than bleeding, but seeing the state of the vein, I should say this was quite satisfactory—if it had arisen from phlebitis, it would be found in the other joints as well as the knee—I did not examine to see if there was pus in any other joint—I think phlebitis caused the death of this person—I give that opinion without having seen the injury in the rib, but I was told what that was.
JANE KEY . I am a nurse at Charing cross hospital. I attended Crowl—he appeared very bad in his health, owing to something the matter with his chest, I believe—he was bled—he got worse afterwards—he complained of his arm being very stiff—I looked at it, and there was a kind of black came along the arm—it extended up the upper arm and down the fore arm—it swelled very much, and I thought he had erysipelas in the arm—I applied poultices and fomentations, and other things to reduce the swelling, but it continued inflamed two or three days—I cannot tell how often he was bled—I believe Mr. Calthorp bled him previous to the arm being swollen.
MR. BALLANTINE. Q. Did the arm continue in this swollen state up to the time of his death? A. Yes, to the best of my knowledge—it continued much the same—I observed it for some days before his death—he was attended, and every attention was paid him, it seemed much in the same state, and he grew worse.
LUCAS. I am a surgeon, and live in Argyle-street. I am now lecturer on surgery, at the North London School of Medicine—I am surgeon at a metropolitan hospital, and have been demonstrator of anatomy
at Charing-cross hospital for five years. I have heard the evidence of the medical gentlemen and the nurse—from which, in my judgment, the deceased died from phlebitis.
MR. BALLANTINE. Q. Is that from the evidence you have heard of there being secretion of pus in the knee-joint? A. No, not entirely—there is the condition of the vein of the arm, the swelling of the arm, and the unusual circumstance of his dying of a fractured rib—it is agreed by surgeons, that pus in the joints is a consequence of phlebitis; my opinion is, that the pus in the knee-joint was occasioned by bleeding in the arm—I do not consider the pus occasioned death, but it is a symptom of the termination of the disease of phlebitis, or one of the terminations—I should be of opinion that phlebitis existed when pus was only mentioned as existing in the knee-joint, but, at the same time, it would be desirable that other organs should be examined, as pus might be found in them, in the lungs, and so on, but if it was not found, my opinion is still, that the pus in the knee-joint was the consequence of phlebitis—pus in the knee-joint is the consequence of many other disorders.
Q. Supposing phlebitis was occasioned by bleeding in the arm, how long might it take to cause death? A. There have been cases of fortyeight hours, sometimes longer—a great deal depends on the state of the constitution—I mean if produced by bleeding in the arm—it runs a rapid course sometimes—I have heard the diseased rib described—I do not say that would not cause the death of a person—I have never known a case of death, in fifty or sixty cases, of fractured rib—I never knew death, but once, which was where it pierced the lung—a fractured rib to a person in an ill state of health, would be more likely to cause death—I have heard that coughing gave him great pain in the left side—that is not a symptom of phlebitis—it is a symptom of a broken rib, and also of pleurisies, and other things as well—I have heard the account Mr. Calthorp has given of the inside of the chest—I have observed as severe appearances without death being caused—I do not think the inflammation described sufficient to cause death—it might be with a person of bad habit of body, but my opinion is, that it would not, certainly, of course it might occasion death—I should think the pus in the knee could not be occasioned by external injury, because the patient would probably have directed the attention of the parties to it—a blow might occasion it.
MR. CLARKSON. Q. Why inflammation of those members might even consume them both? A. Yes—then, of course, death would follow—there is not a more artificial injury than a broken rib—my opinion is, he died of phlebitis—a blushing of the arm is characteristic of phlebitis—it occasionally arises without any fault on the part of the medial man.
COURT. Q. You have heard that the cones were found in apposition to each other—in general, where a fractured rib occasions inflammation, is it not the case that the rib penetrates the pleura? A. Yes, and causes death.
(The prisoner received a good character for humanity and propriety of conduct.)
GUILTY. Aged 22.—Recommended to mercy by the Jury.— Confined Six Months.
Third Jury, before Mr. Baron Gurney.
2922. THOMASINA ROBINSON was indicted for stealing, on the 16th of October, 11 handkerchiefs, value 2l. 10s. 2d.; 2 printed books, value 4s.; 1 towel, value 4d.; 1 purse, value 1s.; 1/2 lb. weight of tea. value 3s.; 7 sovereigns, 1 half-sovereign, 1 crown, 1 half-crown, 5 shillings, 1 groat, 1 penny-piece, and 3 halfpenny pieces; the property of John Granquest, in his dwelling-house.
JOHN GRANQUEST . I am a labouring man, and live in Bird's-buildings, Chamber-street, Whitechapel. The prisoner lived with me—she slept in the same bed some nights, and some nights not—she never passed as my wife—she got up on the night of the 15th, while I was sound asleep, and left—when 1 got up in the morning, about twenty minutes after six o'clock, I missed from my trunk my things, and a purse containing 7l. 0s. 9d.—another parse from my pocket, with a sovereign and a half in it—I am a pensioner—I had received my pension the day before.
Cross-examined by MR. DOANE. Q. How long had she lived with you? A. Five weeks—I never allowed her to act as my wife, with regard to my property—I had told her to go away three or four times, and she always begged to stop—I never told her, if she would leave me I would give her something, so that she should not be destitute—she never wore any article belonging to me—I never gave her a ring, or promised her marriage—there was an old ring, worth about 1d., on my mantel-piece—she said, "Give me that ring"—I said, "It is good for nothing," but she took it, and wore it—I have been employed by the Herne Bay Steam-packet Company five years—I am still there, and I have a pension from Government—I first met the prisoner in the street—we went into a public-house, and had some half-and-half, and then we went home—I did not ask her to go home—I did not take her home to live with me at all, but after she came into the house, she said she was locked out—she did not pawn any of her clothes to help to support me—she said all her clothes were pawned before she came to my house—she pawned a handkerchief and umbrella for me, and I had hard work to get them back—I never gave her any of these things.
JESSE TROWER . I am a policeman. On Friday, the 18th, I went with the prosecutor to No. 17, Smith's-place, Wapping, knocked at the door, and called the prisoner down—she came down out of her room—I assisted m searching the room, and the property produced was found.
(Property produced and sworn to.)
(The prisoner, in a long address, stated that the prosecutor had seduced her, and had afterwards given her the property, desiring her to provide in fare for herself.)
NOT GUILTY .
Fourth Jury, before Mr. Common Sergeant.
2923. JAMES WALTER YOUNG and WILLIAM SINFIELD were indicted for burglariously breaking and entering the dwelling-house of Thomas Fuller, at St. Luke, about the hour of two in the night of the 15th of October, with intent to steal, and stealing therein, 4 spoons, value 1l.; 2 pairs of sugar-tongs, value 23s.; I coat, value 2l.; and 1 hat, value 5s.; his goods: 1 box of instruments, value 5s.; 1 20l. Bank-note, 1 10l. and 1 5l. Bank-note, the property of Robert Southey Hill.
leaving my house all fastened except the kitchen window, which was closed—all the property stated was safe in the front parlour—I got up next morning, at a quarter to seven o'clock, and found the kitchen-window open, and all the things gone—I saw footmarks in the garden, which is on a level with the kitchen-window—I have since compared both the prisoners' shoes with those footmarks, and Sinfield's boots and Young's naked foot corresponded with them—there had been rain between the Wednesday and the Friday, when I compared them—the prisoners lived at the stable at the back of my premises, and Young said they had slept there on the night of the robbery—Sinfield was not present then—there are a very bad set of men round there.
ROBERT HILL . I am a medical student, living at Mr. Fuller's. I was called up on Wednesday morning, about half-past seven o'clock, and found my desk open on the floor—it had not been locked—my Bank-notes were taken from the cupboard—I slept in the back-parlour, and that window was open in the morning—I believe it was shut at night, but I am not certain—there was a ladder placed against it outside, which was at the other end of the garden overnight.
JAMES BRANNAN . I am a policeman. On Wednesday morning, about ten o'clock, I accompanied inspector Robinson to examine the premises, and, at the back, found two distinct footmarks, one of a shoe, the other of a naked foot—I afterwards went into the garden of No. 14, three doors from the prosecutor's, and found the print of a boot or shoe, corresponding with that in Mr. Fuller's garden—it was at the end of the mews—I went down with Robinson, and saw the prisoners and another man—Robinson asked what they were doing there—Sinfield said the other two came there to help him—I asked Young what he was, he said an engineer, working for Mr. Sherwin, in Cumberland-street, Curtain-road—Young was apprehended on the Thursday evening—I asked him what time he left the mews on Tuesday night—he said he was there along with two others, and they slept in the loft—that led me to take Sinfield—I told him the charge, and asked what time be left the mews that night—he said that was his business—on Thursday morning I took off Sinfield's right boot, and Tate brought Young to the premises—I gave the boot to Mr. Leach to compare—with the impression, which he did in my pretence, and it exactly corresponded, in my opinion—there was no particular nail or marks—here is the boot it has an iron beet—there was the distinct mark of that—I mean it might be made something like that—Young's naked foot was also compared with the impression, and corresponded.
Cross-examined by MR. PHILLIPS. Q. How many hundreds of thousands of naked feet do you believe would have fitted it? A. I cannot say—perhaps many might—I did not compare my own.
HENRY TATE . I am a policemen. I apprehended at his mother's house Lower-road, Islington—he the said he knew who I was, I was the inspector he had seen the morning before—I said no, I was not—in going along, Brannan asked where he slept on Tuesday-nigh—he said in a loft, at the back of President-street—next morning I took him to Mr. Fuller's, and compared his bate foot with the marks in mould—I cannot say they were the marks of his feet.
JAMES LEACH . I attended at the examination of the shoes and feet of the prisoners—there had been some rain on the Thursday night—the footmarks must have been made by a boot precisely of the same shape as Sinfield's—it was neither longer, shorter, nor wider—it fitted as completely as
possible—the officers made Young place his naked foot on the bed, by the side of the mark, and it resembled it.
NOT GUILTY .
2924. JAMES WALTER YOUNG and WILLIAM SINFIELD were again indicted for burglariously breaking and entering the dwelling-house of James Leach, about the hour of twelve in the night of the 15th of October, with intent to steal, and stealing therein 1 thimble, value 1s.; 13 spoons, value 4l. 10s.; and 1 pair of sugar-tongs, value 10s.; his property.
MR. LEACH. There is no other evidence in this case but the comparison of the naked foot and the boot.
NOT GUILTY .
2925. WILLIAM WEATHERSTEAD was indicted for unlawfully, maliciously, and feloniously assaulting Catherine Hall, on the 3rd of October, and cutting and wounding her on her head, with intent to maim and disable her.—2nd COUNT, stating his intent to be to do her some grievous bodily harm.
HENRY HALL . I live in Baker's-rents, Hackney-road. About seven or eight o'clock, in the evening of the 3rd of October, I was in Baker's rents, close to the prisoner's house, with some more boys at play, and heard the screams of "Murder"—we ran through a fence, looked over, and saw a quarrelling—I saw the prisoner take a poker or stick up, or whatever it was, and strike a blow athwart the bead of Catherine Hall with it—one part of it fell on the ground—it was about the thickness of my thumb—she ran out of doors, bleeding dreadfully, and fainted away, opposite the fence where it was done—we ran round and fetched a policeman—the woman bled very much indeed at the head—a doctor was sent. for directly.
GEORGE KEMP . I am a policeman. Catherine Hall is the prisoner's daughter-in-law—in consequence of information, I went and apprehended the prisoner—my brother officer told him what it was for—his wife was lying ill in bed at the time—I asked the prisoner what it was done with—the wife said, "With the poker"—I took it up, and the prisoner said, "No, it was not the poker, it was the tongs"—I took them up and said, "Why they are broken"—he said, "Yes, I broke them over her head"—in going to the station-house, he said it was done for love—and at the station-house he said it served her right, and he would be d----d if he would not do it again—the tongs were broken in half, fresh.
RICHARD FRANCIS BURTON . I am a surgeon. I examined Catherine Hall—I found a contused wound, about two inches and a half long, dividing the scalp—it had been done with a Witt instrument of some sort—the one produced would be very likely to do it.
(The prisoner, in a long defence, stated that he was intoxicated, and had been quarrelling with his wife, respecting some money, when Catherine Hall struck him, and threw a pail of water at him, and he put both her and his wife out of the house. Two hours afterwards, while he was using the tongs at the fire she rushed in, took him by the hair of his head, and pulled him back, which caused the tongs accidentally to fly up and hit her.)
EDWARD AMBROSE . I am a labourer. I believe this is a patched-up case between the doctor and the policeman, to get their fee from the Court—I saw the cut on the woman's head, and it was no more than a scrape as it might be with a pin.
MR. BURTON re-examined. The cut divided the scalp about two-eighths of an inch.
GUILTY . Aged 45.— Confined Six Months.
GUILTY .— Confined Three Months.
NEW COURT.—Monday, October 28th, 1839.
Sixth Jury, before Mr. Recorder.
GUILTY . Aged 24.— Confined Six Months.
GUILTY . Aged 51.— Confined Three Months.
GUILTY . Aged 61.— Confined Two Years.
GUILTY . Aged 21.— Confined Twelve Months.
2931. WILLIAM WRIGHT was indicted for assaulting Henry Doswell, a constable, in the execution of his office, with a certain knife, with intent feloniously to cut and stab him.—2nd COUNT, with intent to prevent his lawful detainer.—3rd COUNT, for a common assault.
JOHN WILLIAM JARVIS . I am foreman to Thomas Slatter, a hackneycarriage proprietor in John-street, Fitzroy-square—the prisoner came into his employ as a cab-driver, on the 26th of September—on the following Saturday afternoon he went from the yard with a horse and cab, and returned about eleven o'clock at night, drunk—the horse was in a very bad state—it had been out from six to seven hours, and I noticed that it had been cut about very much—I counted twenty-two cuts on the horses flank, where the skin had been broken, and it bled very much—at the first place where it stopped there was about a tea-cupful of blood upon the stones—it then went on to another place, and stopped to have the harness taken off, and there was another tea-cupful of blood—I sent for the policeman, and gave the prisoner into custody—as they were going up Mortimer-street, I was a little in advance of the prisoner, I heard a noise—I turned round, and saw him and one of the policemen on the ground—I saw the knife directly after it was taken from the prisoner's hand, while he and the policeman were on the ground.
Cross-examined by MR. PRENDERGAST. Q. You saw the knife? A. Yes, I saw them taking it from his hand—I did not see it in his hand—his wife had come up to him before—I do not know whether she applied
to him for any money—the prisoner drove for me about two years ago—the officer took the knife away from him, shut it, and put it in his own pocket.
JAMES GILLING (police-constable E 159.) At half-past eleven o'clock on that Saturday night, I was called to take the prisoner—I saw the blood a the yard in two places, and the horse was in the stable—the prisoner denied having done it—I took him out of the yard—he said he would walk quietly with me if I would let him go—I allowed him to walk by my side—when we got to Newman-street, he said he would not go any further, and threw himself back—I took hold of him—when we got to Mortimer-street, Doswell came up and took hold of the prisoner—he said he would not go any further, and if we did not let him go he would do for us—he then drew this knife from his coat pocket—I seized his arm—in throwing him down I let go his arm, and he then made a stab at Doswell's right cheek—he laid hold of his arm—we got the knife from him, and he was taken on towards the station-house—when we got to Cavendish-square, he commenced struggling again, and threw himself down—on the following morning he said he did not draw the knife to stab us, but to cut his neck cloth—it was immediately after he said that he would do for us, that he drew it.
Cross-examined. Q. Whose knuckles were in the neck cloth? A. Not mine, and I did not see any—I cannot say whether the other officer had hold of his neckcloth, or the collar of his coat—he had hold of him by the back part—the prisoner was in liquor—this is the knife—I do not know whether yon may call it a bread-and-cheese knife.
HENRY DOSWELL (police-constable E 73.) I was down Berner's Mews, and heard a disturbance—I came up, and saw the prisoner struggling—I laid hold of him—he was then very quiet—I let go his arm—he then resisted—I took hold of him again—when we got to Mortimer-street, he said, "If you don't let me go, I will do for you"—he had scarcely spoken the words before his right-hand came from his pocket, and I saw the blade of a knife—we threw him on his back, and while he was on his back he made a stab at my face, and it came so near, that the cuff of his coat came to my face—we got the knife from him.
Cross-examined. Q. He was drunk? A. He was so sober that he knew what he was about—he had been drinking—I had him by the collar, and after he attempted to stab me, I took hold of his neck cloth.
JAMES LEO BECKETT . I am in the employ of Mr. Jarvis. I saw the parties in Mortimer-street—when the prisoner got to the door of No. 43, he aid he would do for them if they did not let him go, and almost immediately I saw him with a knife in his hand, coming from his coat pocket—the officer seized his arm, and as the prisoner laid on his back, he threw his hand up with the knife in it—the officer sung out, "For God's sake help me to take the knife from him, he has made a stab at."
(The prisoner received a good character for humanity and kindness of disposition.)
GUILTY of an Assault only. Aged 20.— Confined Three Months.
Fifth Jury, before Mr. Sergeant Arabin.
MR. DOANE conducted the Prosecution.
and live in Bell-court, Gray's Inn-lane—we keep a shop in the coal and potato line. On Saturday night, the 27th of July, I went out to market a little after nine o'clock, and locked my door—I had seen Beckwith lurking about all day long—I returned about eleven o'clock, and found my husband lying on a mattress in an insensible state, and the doors were all open—I had left my husband in good health—he is fifty-five yean old—he was seen by a medical man the next day—he has never spoken since, and he has lost the use of one side.
Cross-examined by MR. JONES. Q. What is your husband's name? A. Edward M'Kenzie Meredith—he is generally known by the name of Edward Meredith—he sometimes goes by the surname of M'Kenzie—he did not take the house we live in the name of Edward Meredith M'Kenzie, to my knowledge—he did not go by the name of Mr. M'Kenzie—we have been there a little better than half a year, but never paid any rent—they seized upon us—we owed but one quarter, and they seized for 9l.
Q. Have not repeated applications been made for the rent? A. No, never one; but Mr. Fish applied for 3l. that we did not owe—an offer has not been made that if my husband would give up the house a receipt should be given him for the rent—my husband said, "If you will let us be till March, I will take all my things and go," but Mrs. Mark said, "No," he seized upon us, and took all our things, and turned out all the lodgers but one who is there now—Beckwith is the broker, who had his trained on us before, and when I saw him about, I locked my door, as I thought he was after no good—my husband had a little gout in his feet—he was not in general in very bad health—I never said that he was so bad that he could not put up the shutters, or weigh potatoes—nor that he was so ill that I wished God to take him—nor do I wish him to take his now.
Cross-examined by MR. BALLANTINE. Q. Do you know any thing of Roper? A. No, only that he helped to take the things.
MARTHA BARTLETT . I live with my mother in Bell-court, just opposite the prosecutor's. I remember the night of the 27th of July—the first I saw was Beckwith, I believe—he was putting the prosecutor's arm out—I heard Mr. Meredith say, "For God's sake let the door go, let my fingers go," and I saw that his fingers were confined in with the door—the door was opened, and he was pushed out—I saw his hand drop down, and it was all blood—he said, "They are going to murder me," he ran round, and took down one of his shutters in his little flap-door, and got in—he called, "Murder" twice, and I saw him go into the parlour, and take a chair, and set it between the parlour and the shop—I did not hear Beckwith say any thing then—they were quiet for some time, and then Beckwith came to the door, and asked a man to go and fetch Roper, who came, and Beckwith said to him, "Roper, I want you, drink"—they drank together, and went into the parlour—they were there for some time—about eleven o'clock, I saw Roper and Beckwith dragging out Mr. Meredish—Roper had hold of his two shoulders, and Beckwith had hold of his feet—they brought him out quite insensible—there was a high step at the door—Beckwith never came off the step, but he dropped Mr. Meredith's feet at the time that Roper dropped his shoulders—I said to Roper, It is very cruel of you"—he said, "What is that to you? go about your business"—Mr. Foreman came up, and gave them into custody.
Cross-examined by MR. JONES. Q. Are on a friend of the family? A. No—I never saw any thing of the prosecutor till that night, nor his wife—I am certain Beckwith did what I have described.
Cross-examined by MR. BALLANTTNE. Q. Where were you standing when you saw them drop him? A. At Mrs. M'Guire's door, about a yard distance—I had never seen Roper before—I was a total stranger to all there—I am quite certain they let Mr. Meredith drop' intentionally, and very violently.
MARTHA BARTLETT . At a little after nine o'clock that night I heard a cry of Murder, oh, my fingers," and I saw Mr. Meredith confined in the door way—I the door was then opened, and he got out—after Roper came I saw the prisoners bringing Mr. Meredith out—Roper had hold of his shoulders, and Beckwith his feet—they brought him out, and let him fall, and his head went against the stone step of the door at No. 9—I told Roper I thought he was using the man very ill, and acting very cruelly—he told me to mind my own business, and said he knew what he was doing.
PETER FOREMAN . I was passing, and saw in the court, with his head against a water-spout, and quite insensible—the neighbours told me something—I waited till a person came up—we went in, and saw Beckwith sitting in a chair in the shop—I asked him what business he had there, and whether he was a broker—he said, Yes"—I asked him if he had his warrant—he said he had left it at home—I asked him if he had a copy—he said, "No"—I asked him if he bad any authority from the landlord—he said, "No"—I said, "You are a trespasser, and I shall give you in charge"—Roper was at that time putting up the shutters—I said to him, "How came you to act in this way?"—he said, "The old man would receive rent of a woman who lodges in the house"—I gave them into custody.
Cross-examined by MR. JONES. Q. What are you? A. Agent to a gentleman—I did not know either of these parties.
WILLIAM BENFIELD WHITEFIFLD . I am the surgeon of the parish. Mr. Meredith has been under my care—he is paralysed on one half of his body, and has lost his speech—he had several bruises, and is liable to be carried off with any attack of illness.
Cross-examined by MR. JONES. Q. Have you ascertained whether he was in a bad state of health before? A. I heard from his wife that he had been gouty—he is a stout man, and apparently healthy looking—he had a slight affection of the mucus membrane, which might, very likely, have been of long standing.
Cross-examined by MR. BALLANTINE. Q. Was be not bled more than in your opinion was judicious? A. I cannot say that—if his head had been dropped with great violence on a stone, most likely I should have seen it—I examined the head, and saw no marks of it.
JOHN ARCHER . I am a policeman. I went to the house, and found the prosecutor leaning against the water-spout quite insensible—I saw Roper putting up the shutters, and Beckwith handing them to him—Beckwith said he had a warrant, but he had left it at home, and Roper said he had
acted under Beckwith's direction—in going to the station-house, Beck with said be had no warrant at all, and it was a bad job.
BECKWITH— GUILTY . Aged 50.
ROPER— GUILTY . Aged 28.
Confined Four Months.
Before Mr. Recorder.
2933. WILLIAM HAGGER and FREDERICK HAGGER were indicted for assaulting William Lawrence and James Reynolds, two of the patrol, and constables of the parish of Walthamstow, in the execution of their office.
MR. RYLAND conducted the Prosecution.
JAMES REYNOLDS . I am one of the Walthamstow police—I have been sworn in as constable of that parish. On Saturday night, the 28th of September, I was on duty with Lawrence—when I came to Marsh-street I heard a disturbance from a fight—I went to the spot and saw a great many people, and one man lying by the side of the fence as if he had been knocked down—I then persuaded them to go home—I saw Frederick Hagger—he opened his waistcoat and asked if I wanted anything—I said no, only for him to go home—I turned and told the other persons to go home—I turned again and saw Frederick Hagger had got Lawrence down on the ground, and was striking him with a stick—I went to his assistance, and Frederick Hagger struck me on the head with a stick which he took from Lawrence—he knocked me down—William Hagger then came and struck me with a stick which he took out of my hand—as I was getting up William Hagger struck me again—I tried to escape and got in a baker's yard, and they both struck me—William Hagger said, "You made me pay 50s. and now I will make you pay for it"—I called for assistance—Mr. Lilly came—I was assisted to my house, and so was Lawrence—a surgeon attended me for above a fortnight—I bled very much that night, and felt very weak from the effects of the blows.
Cross-examined by MR. PRENDERGAST. Q. Which of them had the stick first? A. Frederick—he got it from Lawrence—I had a stick also—neither of the prisoners had a stick till they got them from me or Lawrence—they were walking-sticks—we are obliged to carry them, as we go into farm-yards where there are a great many dogs—I did not strike the prisoners at all—I do not know if Lawrence struck them—I did not see the man knocked down, but they said he was—I saw him get lip and waft away—the prisoners were about forty rods from their own house—I cannot say if either of them bad his shoes off—I was told the prisoners were both dreadfully hurt, but I did not see it—I did not see them again that night, nor for a fortnight after—they were not in a bad state then—I was led home and got to bed—I did not see a cut in Frederick Hagger eye—I did not strike him at all—I do not know that I might not strike William Hagger—I had my greatcoat on—they have known me for twenty years.
WILLIAM LAWRENCE . I am one of the Walthamstow police—I have been sworn in as such, and have been so three years. I know the prisoners, and they know me—on the 28th of September I was on duty near the Coach and Horses, Marsh-street—I found a great quantity of disorderly people, who appeared to be drunk, fighting and quarrelling—I saw the prisoners there—they appeared as if they had been fighting—there was a man
knocked down just before I got up, and the prisoners were standing close by him—they were stripped, as if to fight—I spoke to them—Frederick Hagger came up to me and said, Now, you b----, what do you want with me?"—I said, "Put your clothes on and go home"—he directly struck me right and leftover my head—I had a stick, which he took away from me and struck me with it several violent blows on my leg and my arm—I bled from my leg, and am not able now to walk without a stick—I saw them both beating Reynolds—William Hagger had got Reynolds's stick—I was not able to walk home—I was taken to Reynolds's house and had surgical assistance—I received a blow on my instep and another on my leg, and my elbow is sore now—they knew I was on duty—I should think there were twenty persons collected—it was about forty or fifty yards from their door.
Cross-examined. Q. Upon your oath, did you see any fighting at all? A. Yes, I saw a man knocked down just before I got up—it was about half-past eleven o'clock at night—the prisoners were stripped when I went up—Frederick had got a small white-looking jacket on—I believe he was stripped for fighting—William was in his shirt-sleeves—his jacket was off—I am sure of that—I saw them again, about an hour or an hour and a half after—Frederick Hagger was then bleeding from his head—I did not see any blood on the other—I did not go to the prisoners' house that night—I did not strike Frederick at all—the man who was down was named Wheatly—I have seen him since—I saw him knocked down.
MR. RYLAND. Q. Where was it you saw him again? A. That night, at Reynolds's, which is about thirty yards from where this took place—I did not see them till they rushed in at the door, but I do not know how—they began fighting, and struck the sergeant and the constable—it was then they got the blows.
SAMUEL LILLY . I am a tallow-chandler, and live at Walthamstow. On the 28th of September as I was going to bed I heard a noise in the street, and thought I heard a cry of murder—I opened my window, and beard the cry repeated—I went into the street and saw a great number of people, about twenty, a great many of them using violent language—I saw Frederick Hagger beating Lawrence on his head on the ground with a think walking-stick, and kicking him, and William Hagger was beating Reynolds, who was retreating from the mob to avoid the blow—he bad his cutlass up, but did not use it—I saw Frederick Hagger come to assist his brother, who was beating Reynolds—they both beat him violently—Reynolds got over a little fence, and I went to his assistance—Reynolds's wife was clinging round William Hagger, begging him not to murder her husband—Reynolds got out of the yard, and they struck him again—I ran up and pot my hand on William Hagger—I said, "For God's sake, what do you mean to murder this poor man? I will not allow it"—I assisted them home, and sent to the station-house—they appeared very much hurt, and Reynolds was covered with blood.
Cross-examined. Q. You saw him with his cutlass? A. Yes—I did not see him cut at the man—he kept it up, and warded off the blows—I did not see him snap a pistol, but I heard him say to his wife, "Stand off, mistress," and I judge from that that he did—there is a great feeling against the police among the lower orders of persons.
was in bed, and was disturbed by a noise—I heard the cry of, "Murder'—I got up, dressed, and went amongst them—I inquired where Reynolds and Lawrence were—I went to Reynolds's house, and he was bleeding very much from the head—Lawrence appeared to be in a dying state—I staid there some time—I went up to the station-house, and found the sergeant—he and two of his men came down with me—the surgeon was there, attending to these men—the sergeant ordered me to assist in taking the prisoners—we went to their house—they were in, and we endeavoured to take them, but they made their escape out the back way—I went back to Reynolds's house, and we took James Hagger, who we thought had been engaged in this, but he was not identified—he remained there—the prisoners then rushed into the house as I was about leaving it—one had something in his hand, either a stick or a poker—they then began attacking the other policemen—Gunn was staggering from a blow he had received from William Hagger—I instantly fastened on William Hagger, and assisted in securing him—he struck, and kicked me, and resisted violently, and the other prisoner struck the sergeant right and left, and it was necessary to knock him down before he could be taken.
Cross-examined. Q. You went to the prisoner's house, and they were away? A. No, they got out at the back door—it was necessary to knock Frederick Hagger down—I was struggling with William—I did not see the superintendent strike Frederick on the face with a cutlass—I saw the blood running from his face—I did not see blood running from the head of the other—I saw him the next day—he was wounded on the head—I did not see Frederick while he was on the ground, struck with a cutlass—I saw the superintendent with the cutlass in his hand—William Hagger had not several wounds in the leg, to my knowledge—I did not see either of them bleeding from the leg—James Hagger was liberated, but he was still in the house.
MR. RYLAND. Q. Do you mean James Hagger was kept in custody? A. No—Reynolds said he was not of the party, and I was going away, and then the prisoners rushed in.
THOMAS GOODWIN . I am a sergeant of the Walthamstow police. On the night of the 28th, I was called up at half-past twelve o'clock—I and two men went to Reynolds's house and found Lawrence and Reynolds there, and the surgeon attending them—they seemed in a very exhausted state—Reynolds was very much cut on the head—I did not see any blood on Lawrence's face—he complained of his body and leg—I went to the prisoners' house, but they had escaped—I went back to Reynolds's house, and after that the prisoners forced their way into the house—William Hagger had a stick or a poker—he attacked the two constables, and Frederick struck at me a violent blow with his fist, which I avoided—they were taken after a deal of the most violent struggling—they got some hurts, which was unavoidable on account of their struggling.
Cross-examined. Q. Was it unavoidable to give Frederick Hagger the wounds with the cutlass? A. I was repeatedly struck and kicked, before I gave any stroke at all—William Hagger had a weapon when he came in, he did not use it on me—I was so immediately engaged by Frederick, that I did not see either of them strike but with their fists—I did not strike Frederick Hagger with my cutlass on his leg after he was knocked down—I struck him repeatedly with the flat part of it—his leg was cut, but I cannot say whether I cut him—before he was struck at all by me, he
attempted to wrench my cutlass from my hand, and had nearly done so, and most likely would have killed me.
JURY. Q. Who else was in the room? A. The prisoners' brother and their mother, and several other persons, who were disposed to assist them—I have a hurt on my knee, which I feel now.
THOMAS BRICKHILL . I am one of the Walthamstow police. I went with the sergeant to Reynolds's house—I was there when the prisoners came—Frederick was the first that came in—he struck me right and left—William followed, armed with something, and he struck the other constable—they kept fighting and kicking till we got them properly secured—I received several blows and kicks.
JOHN GUNN . I am a Walthamstow police-constable. I went to Reynolds's house—the prisoners forced the door—William Hagger had a stick or poker—he struck me over the head with it—it bent my hat in—he kicked me, and swore he would do me an injury—there was a shovel found on the premises—I did not see the poker after it struck me on the held.
BROOKS COMPTON . I am assistant to a surgeon. I was called a few minutes before twelve o'clock at night to go to Reynolds's house—I found him and Lawrence in a very exhausted condition—Reynolds was bleeding from a very extensive wound on the left side of the forehead, over the eyebrow—he was very faint, besides having bruises of a minor character—Lawrence was hurt very much on the right leg and on the body from kicks I dare say—his leg was very seriously injured—I remained in the house till the prisoners rushed in—William Hagger was engaged near the door-way, but Frederick Hagger made his way to the centre of the room and engaged with the sergeant—he had a very severe struggle, and attempted to take his cutlass from him—I saw Frederick Hagger struck down by a blow from a hand-cuff—lie got a cut in his leg, but I did not see how he got it.
Cross-examined. Q. He had a gash on the leg? A. Yes, a trifling one, and a serious cut on the cheek, which was rendered more serious by his not allowing it to be dressed—I attempted to dress it—it was from a blow with the hand-cuff, but the skin was broken—William Hagger had three or four cuts on the head, such as a cutlass would make—I saw the sergeant use the cutlass twice—I could not see who he struck, but I should think from William Hagger's appearance that he was struck at that time—James Hagger was in the room at the time—he was about the middle of the, room, attending to his mother—Mrs. Hagger was in a kind of hysterical state—I did not see her come there—I was there before James got there.
WILLIAM HAGGER— GUILTY . Aged 21.
FREDERICK HAGGER— GUILTY . Aged 25.
Confined Nine Months.
Before Mr. Sergeant Arabin.
2934. EDWARD WILLIAMS was indicted for burglariously breaking and entering the dwelling-house of Henry Salter, on the 19th of October, at Charlton, and stealing therein 24lbs. weight of sugar, value 16s., his property.
HENRY SALTER . I keep a chandler's-shop at Charlton. Last Friday evening, between ten and eleven o'clock at night, I was sitting in my room and heard a noise at the hatch-door—I instantly went into the shop to see who came in, and saw the prisoner leave the shop—I followed him and when I got within a few paces of him he ran into the road and dropped a loaf of sugar from under his arm—I followed and secured him—this is my sugar—(looking at it)—he must have come in at the door—I can swear it was fastened before.
Prisoner's Defence. As I was coming along a man hallooed out, "Stop thief"—I saw somebody running, and ran after him—the prosecutor came and took hold of me, and charged me with stealing the sugar—I did not drop it.
GUILTY . Aged 38.— Confined Six Months.
Before Mr. Recorder.
2935. SAMUEL POLLARD was indicted for stealing, on the 13th of September, 1 cigar-case, value 2s.; 3 cigars, value 9d.; 2 thimbles, value 2s.; 1 box, value 3s.; 2 pieces of foreign silver coin, value 6d.; 4 sixpences, 1 seven-shilling piece, 1 shilling, 4 sixpences, 24 pence, 24 half pence, and 72 farthings; the property of William Steward, in his dwelling-house; and about the hour of twelve in the night, burglariously breaking out of the said dwelling-house; and JOHN TICK , for feloniously receiving three cigars, and 1 seven-shilling piece, part of the said goods, well knowing them to have been stolen; against the Statute, &c.
WILLIAM STEWARD . I keep the Man in the Moon public-house, at Greenwich. On the 13th of September, I went to bed soon after eleven o'clock—I got up about eight o'clock next morning, and missed two shillings of the reign of George III., about four shillings in copper, four sixpences, a gold piece, and a foreign coin—I know the prisoners as living in the neighbourhood—I suspected Pollard—on the 22nd he came into the house—I called him to the counter, and suspecting he was concerned with other persons, I held out hopes of forgiveness to him if he would confess, he having denied it at first.
Cross-examined by MR. PAYNE. Q. You let him go, and had him taken a few days afterwards? A. Yes.
EDWARD AVES . I am barman to the prosecutor. On the 13th of September, I came down stairs at four o'clock, opened the door, and saw the prisoner Tick standing opposite Mr. Worth's, the butcher—he came over, lit his pipe, and said he should go down the Marshes to get some water-cresses—I saw him again about nine o'clock—Pollard was in the tap-room at five o'clock in the morning, and I told him to come out, which he did—I had not seen him come in—he came in again at seven o'clock, and I made him come out again—the house is opened every morning by the watchman—when the watchman came in to open the house, he must have gone out backwards.
two thimbles, one shilling of George III., and two coins, which I got from Pollard on Saturday or Monday morning, the 14th of September—he said he dipped his head into the mud opposite the Crown and Sceptre public-house, and the people threw the coins out at him instead of money, and the thimbles, he said were his sister's—he gave me three pennyworth of farthings, and afterwards said, "I wish you would take more farthings"—I said I did not want any—he said I should have thirteen pennyworth of farthings for one shilling, but I would not have them—he took the coin from a small tortoiseshell box.
Cross-examined. Q. What did you give him for all these things? A. Ninepence, but I did not buy the shilling—I told him it was good for nothing, and he might have it, but he left it.
WALTER SCOTT BARRY (police-constable R 196.) I received information of the robbery on the 24th of September—I met Pollard on the 28th, about six o'clock in the morning—I asked him his name—he said it was Cox—I said, "Did not you formerly live with John Tick"—he said, "I did live with him"—I said, "Then your name is Pollard"—he said, "They generally call e Pollard, but my right name is Cox"—he asked going along if I had taken Tick—I said, "No," and I did not wish him to tell me any thing without he liked.
NOT GUILTY .
EDWARD AVES . I am barman to the prosecutor. On the morning of the 24th of August, Pollard came to the bar three separate times for ale, porter, and half-and-half—the last time he came, he asked for the pan to cook some bacon—I said he must wait till the watchman came in to get it, as I could not leave the bar—the watchman came and got it for him, and I saw no more of him till seven o'clock, when he came in with Tick, and had half-a-quartern of gin, which he paid for, and gave to Tick—at eight o'clock, when master came down, 2l. of silver was missing from a shelf at the back of the bar, where it was placed to give change, if wanted—I had only left the bar to go to the cellar stairs, and I should not think Pollard could have got in and taken it in that time.
ISAAC BOND . I keep a beer-shop at Greenwich. On the 24th of August, Pollard, Tick, and another had three pots of half-and-half at my house—Pollard paid for two pots with a shilling, and I gave him 2d. out.
NOT GUILTY .
Before Mr. Baron Gurney.
MR. CHAMBERS conducted the Prosecution.
MARIA HUBBLE . I keep the Navy Arms, at Deptford. On Sunday evening, the 29th of September, near six o'clock, the prisoner John Pine, and two other men, were in my tap-room—they came in from five to six o'clock, and called for a pot of ale—their conduct was very disorderly—they all came in together—they had one pot of ale—two out of the three were very disorderly, and Pine was one of them, in consequence of which I spoke to Stevens, the policeman—after speaking to Stevens, one of the men walked out very quietly—I requested them to go out, and so did my husband—the other two stopped ten minutes in the house, and behaved very disorderly—Pine was one of those—they then walked out, and what happened afterwards I do not know.
Cross-examined by MR. CLARKSON. Q. Did Stevens refuse to come in when you applied to him? A. He did—there was no crowd or mob except the persons in our house—they were using bad language—the policeman might have got them out without further disturbance—they staid perhaps half-an-hour altogether—the police never come into our house—they tell me they are not allowed to do so—a great many of the "penny-bundle" people live about us.
GEORGE STEVENS (police-constable R 106.) On Sunday evening, the 29th of September, I was on duty in New King-street, Deptford—shortly before six o'clock Mrs. Hubble spoke to me—I refused to go into the house, and went up the street—when I was some distance from her house I heard a shouting noise—it sounded behind me, towards the Dock-yard gates—I went towards the place, and saw the prisoner John Pine wrestling with a man named Carey, opposite the Dock-yard gate, near the Navy Arms—there were several other persons there, but none connected with the disturbance—I went and asked them to go home—I addressed both of them—John Pine said he would see me d----first—I said if they did not go home I should be under the necessity of taking them to the station-house—they then commenced wrestling again, and shouting, and creating a great disturbance—Carey and Pine shouted—I did not hear any body else—they went on wrestling along the New-row—as they went along the number of people increased very much—when they got to Mr. Ody's railing there were about a hundred persons present—I went and asked them to go away quietly; if they would not I must take them to the station-house, but if they would I would not interfere with them—John Pine immediately struck me on the eye, and knocked off my hat—I immediately collared him—I said nothing to him when I did so—I had collared him about five minutes, when the deceased William Aldridge came to my assistance—during that five minutes I was attempting to get John Pine towards the station-house—I did not draw my staff at that time—Aldridge and myself both drew our staves together when he came to my assistance—John Pine was very violent, and trying to getaway from us—the persons round were very violent against me, trying to rescue the prisoner from roe, and struck John Pine twice on the arm with my staff—I did it in my own protection, in consequence of his violence towards me—he was striking and kicking me—I saw a man named Carey pull a rail off Mr. Ody's fence—Aldridge and I still continued to endeavour to get Pine towards the station-house—we got him as far as the toll-gate—the mob was increasing very rapid, and when we got to the toll-gate they were very violent indeed, throwing stones, and striking both me and Aldridge—at that time Buckmaster, another
constable, came up, and we all three endeavoured to get Pine towards the station-house—we could not succeed on account of the violence of the mob, and also of Pine, whom we had in custody—Baker, another policeman, then came up—in consequence of what the mob were doing we endeavoured to get Pine into the toll-house, but the mob placed their backs against the door of the toll-house, and swore, if we put him in, they would break the windows, and we were obliged to desist from the attempt—I did not hear Pine say any thing during this time—Aldridge and I lost our hats before we got to the toll-house—when we got to the toll-house, I heard Aldridge complain of his back, in consequence of a stone striking him on his back—the stones were still being thrown while we were there—after some time we succeeded in getting Pine as far as the Telegraph public-house—the mob were throwing stones, and shouting all the way—opposite the Telegraph I heard a stone strike Aldridge—I did not see it strike him—it appeared to strike him on the back of the head—he immediately loosened his prisoner, put his hand to his head, and exclaimed, "Oh, my poor head!" staggered a few yards, and fell—I still kept hold of John Pine—I did not observe him say any thing—I observed persons in the mob, and should know them again—I saw William Pine there—he was dose to the deceased when he fell—he was very active in the mob down to the toll-house, shouting and exciting the mob—I did not see him do any thing—I saw John Calvert there—I saw him about five minutes, not longer—that was just before we got to the toll-house—I saw the prisoner William Calvert at the toll-house—I did not see him afterwards—be was very active at the toll-house, exciting the mob, and shouting—I did not see him assault either of us.
COURT. Q. What distance was it from where you first took hold of John Pine up to the Telegraph public-house? A. About four hundred yards, as near as I can guess.
MR. CHAMBERS. Q. You had John Pine in custody all this time up to the Telegraph public-house? A. Yes—none of us used more violence to him than was necessary to get him along.
Cross-examined by MR. CLARKSON. Q. Are you ordered not to go into houses where disturbances are complained of? A. Yes, unless any thing serious occurs in the house—we can tell whether that is the case or not from to person who comes out for assistance—our orders are not to go into public-houses where there is a complaint of disturbance, to see what it is—I did not bear any disturbance when I was first asked to go to Mrs. Hubble's—the shouting, and noise behind me was of the two men wrestling—I knew John Pine before, and knew where he lived—I do not know his occupation—a great many people about there get their living by selling and chopping wood—it is a very thickly populated place.
Q. Will you swear that the mob ever interfered at all either with you or any one of the police, till after you struck Pine? A. No, I cannot swear that—I cannot swear that they did not, nor that they did—I did not hit him very hard—I did not hit him as hard as I could—I did not I look at his arm after I struck him—the mob did not cry out shame when I struck him—they rushed in and tried to rescue him—at the time I struck him, I was on one side of him, and Aldridge on the other—he struck me before I struck him—before I collared him he struck me, and he struck me after he was in the hands of Aldridge and myself—I cannot swear that he did so before I struck him with the staff—I cannot swear whether
the mob interfered before I struck him on the arm—I believe John and William Pine are brothers—the prisoners had been drinking, but were not drunk—I did not tell Mrs. Hubble if she turned them out I would soon be after them—I told her if they came out and made a disturbance it was my duty to interfere—I cannot swear to the exact words—I did not say I would be after them—it was not long after I struck Pine that Carey pulled down the rail—I did not see him use it—William Pine was about two yards from the deceased when he fell—I was close to him—he was not within a foot of him when I saw him.
MR. CHAMBERS. Q. What did Mrs. Hubble tell you? A. She said there were a number of men in her house using very abusive and obscene language towards her, and I believe her husband, and asked me to go in and turn them out, as they were very quarrelsome—I told her I was not authorised to go into the house to turn them out, unless any thing serious happened, but if she turned them out, and they made a disturbance out side, it was my duty to interfere—I put my staff into my pocket after I struck Pine—I saw the deceased draw his staff, but did not see him use it, nor did I see the other two constables use theirs.
MR. CLARKSON. Q. Did Mrs. Hubble complain that the men were riotous? A. No.
JOSEPH BUCKMASTER . I am a policeman. I was on duty on the evening of the 29th of September—I went down to the toll-gate, and found Aldridge and Stevens there, with John Pine in custody—I should think there were about four or five hundred persons there—they were very violent, some were throwing stones at the police—I passed through the crowd, and got to the policemen, and took Pine by the collar—he was very violent—when I collared him he struck me with his fist—I secured his arm, and assisted Aldridge and Stevens in endeavouring to get him to the station-house through the crowd—at that time Aldridge was bleeding from the nose or mouth—we did not succeed in getting Pine through the crowd—we endeavoured to get him into the toll-house before that, but could not succeed, and then Baker came up—we then made another attempt to get Pine towards the station-house, and, with difficulty, we got him through the crowd—on our way towards the Telegraph public-house, the mob were stoning us, throwing a flinty sort of stone—some gas-pipes had been taken up, and there were flints lying on the road—before we got to the Telegraph public-house, I heard John Pine say, "Give me a knife, get your knives out, you b—s"—that was before Baker came to our assistance, when I took him by the arm—I believe that was addressed to the mob—it was spoken loud enough to be heard by them—opposite the Telegraph I heard something strike Aldridge on the head—I did not hear Pine say any thing before Aldridge was struck—he used a great deal of obscene language going along the road, calling us b—S, and bad names—he did so continually going along—it was in a loud voice—he resisted very much—when Aldridge was struck, he said something, put his hand to his head, sidled a few steps, and fell—we went on to the station-house with our prisoner—I saw William Pine when we were a the toll-gate—he was in the mob, violently obstructing us—he placed himself in a way that we should not pass along the road—some of mob locked their arms together at the toll-gate—I did not see any staff taken out or used by any of the policemen, not till we got into Highstreet, which is a long way beyond the Telegraph public-house—it was
when we procured more assistance, and they drew their staves to keep them off from us—I did not use my staff at all-some of the stones struck me.
Cross-examined by MR. BALLANTINE. Q. You were in High-street, Deptford, when the information was given? A. Yes, about a quarter of a mile. from where I came up with Pine and Aldridge—there war a great crowd collected—I found that before I got up to Pine—It took me six or seven minutes to get to where Pine was-Aldridge was on one side of him and Stevens on the other-they both had hold of him—he struck me after I took him by the collar-Steven, had hold of him by the collar—he was struggling violently with him-Aldridge had hold of him by the left arm—Stevens hid not hold of him at the time he struck me—I collared him on the same side that Stevens was—I was struck in the breast—it was while Stevens had hold of him, that he said. "Give me a knife, take your knives out to the b----s."—those who were standing near, I should think, must have heard it—I did not see any knife taken out.
MR. CHAMBERS. Q. At the time this exclamation was used, was there a noise? A. Yes, a great noise, and the stones were flying about—I took hold of Pine's collar, as it was the first place I could get at, I did so because he was violently resisting my brother constables—I caught hold of the collar of his jacket—he had no neckcloth, and he likewise excited the mob to stone us.
COURT. Q. What did he say? A. He said, Now pelt them"—that was after Baker came.
MR. BALLANTINE Q. Was that said quite loud? A. Yes, those who were near might have heard it—I was in my uniform, and so were all the other officers.
GEORGE BAKER . I am a policeman. On the evening of the 29th of September I went toward, the toll-house at Deptford—I found John Pine in custody of three officer.—a great number of persons were assem-bled-they were making a great disturbance, and calling out. Go it—they were grounding the prisoner, and attempting to rescue him—I went toward. John Pine, and heard him say, "There is another to b—coming, if I had my knife I would stick him"—the mob were throwing stone, at the time at Aldridge and the other Policemen—I got several blows. from stones one on the back of my head, and several besides—as we were going toward, the Telegraph public-house, John Pine struck Aldridge on the back part of the head with his fist—he was very obstinate and resolute, wanting to get away from us—opposite the Telegraph public-house I saw Burke throw a stone, which truck Aldridge on the back of the head—he threw it at him, and said, "There, you b----, how do you like that?"—I should say he was not more than a yard and a half from him at the time—Aldridge went on a short distance after that—after Burke struck him I heard another stone strike him on the head, and he said, Oh, my poor heard—he went on the left-hand aide of the road, and I saw no more of him—I had seen Burke kick Aldridge three or four tune, on the back at the toll house, and I saw William Pine strike him on the back of the head with his. fist, at the Telegraph public-house, before I heard the blow-Aldridge had no hat on when the stone struck him.
Cross-examined by MR. CLARKSON. Q. Where did you come from? A. From High-street-it would not take me more than ten minutes to get up to the spot—I received a wound on the back part of my head, and
a kick inside the thigh—I seemed, after I got the blow on the head from the stone, as if I had been coming from the top of the houses—there was no blood—I should say it was about a quarter after seven o'clock when we got Pine to the station-house—there were three or four hundred people, and four policemen—Stevens, Buckmaster, and Aldridge had hold of Pine when I came up, and I took hold of him when I got up to him—I got through the mob—I was a long time before 1 could get to him—he called to the mob to throw stones, and he sometimes told them to be gentle, because the stones sometimes struck him as well as us—he told them not to hit him with the stones.
STEPHEN BROOKMAN . I am a messenger in the Victualling-yard, Deptford, and live near the toll-gate. I went out of my house on the Sunday evening, when the mob was collected at the toll-gate—two policemen had John Pine in charge—the mob were pushing and calling the police a great many bad names—Pine called them" B----b----several of the mob called them the same, and some of them said "Give it to the b----"—they did not do any thing—at that time there were only two policemen there—two others came to their assistance afterwards, and they went to take him towards the toll-house to try to get him in—somebody in the toll-house shut the door, and somebody behind the toll-house put the shutters up to prevent the windows being broken—when they found they could not get him in they took him towards the station-house, up Broom fields—I followed them about two hundred yards, and saw a man fling a stone at one of the police—I do not know who that man was—it was before they got to the Telegraph public-house—I left the crowd before they reached the Telegraph public-house—the conduct of the mob was very bad, flinging stones at the police, and calling them every thing they could lay their tongues to—the police had great difficulty in getting their prisoner forward—he would not go, and if it had not been for the mob he would have gone better—I do not know which policeman it was the stone struck—it hit him on the left side of his head—John Pine conducted himself very badly—he would not go along—they told him it would be better for him if he would go quietly—he said he would see them b----first before he would go—the conduct of the police was very good towards him—I never saw either of them strike him all the time.
Cross-examined by MR. CLARKSON. Q. At what part of the affray did you come up? A. Very near the toll-gate—I live four or five houses from the toll-gate.
COURT. Q. You say a stone struck a policeman on the left side of his head, had that policeman his hat on or off? A. Off—the man that flung was about three or four yards from the policemen—there were two policemen without their hats.
JAMES WOLVERTON . I am a timber-dealer, and live in Broomfield-place, Deptford, directly opposite the toll-gate. I saw the mob from my window—I did not hear them say or see them do any thing—I saw the policemen with the prisoner in custody, and the mob were surrounding the policemen—I merely heard the noise of the mob, but I heard no particular words spoken—I consider the policemen behaved with very great forbearance.
SAMUEL HOLMES . I live in Prospect-place, Lower-road, about fifty yards from the toll-house—I saw the mob in New-row, about fifty yards e for e it arrived at the toll-house—when I first saw it there were
about twenty or thirty persons, and only one policeman—I was attracted by a policeman running from the toll-house down the New-row—the other policeman had got John Pine in custody—he was using violent exertions to disengage himself from the policeman who had hold of his collar—I did not see either of the policemen strike him—after the two policemen had got him, the mob increased very materially—when they got to the toll-house they closed in on the policemen who had the man in custody, and, from their manner, I suppose were trying to rescue the prisoner, but the number of the mob prevented the people outside seeing what they were doing—there was a great deal of hooting and hissing, and shouting from the mob—I saw stones thrown in New-row, before they got to the toll-house—they were thrown by the mob surrounding the policemen, and evidently at the policemen—I went with the mob from where it first occurred up to the station-house—during that time the policemen conducted themselves with very great forbearance, from what I saw.
Cross-examined by MR. CLARKSON. Q. If the policemen struck any body you would have seen them? A. They might have struck while the crowd was round without my seeing—I did not see enough of them to say whether they struck any body—I saw a great deal of them—I had a full view of them at first—I was there five or ten minutes, during which time no blows were struck—I was about twenty yards from the policemen, on the road, looking at them.
FRANCIS JOHN HALL . I live on my property, and live in Broom fields, between the toll-house and the Telegraph public-house—I am one of the overseers of Deptford—I saw the mob and the policemen go by my house, with John Pine in custody—the conduct of the policemen was very forbearing indeed, and the mob were very riotous—I saw a policeman with his hat off.
Cross-examined by MR. BALLANTINE. Q. How far were you, when you first saw them, from the place where the policemen had hold of Pine? A. The policemen had hold of Pine in nearly the centre of the road, and I was on the path—I should think I saw them for something less than twenty minutes—I did not see the policemen strike Pine—I did not see a staff in their hands, nor an attempt to draw one from their pockets—their conduct was very forbearing.
WILLIAM FRENCH . I am the toll-gate keeper. I was at the toll-gate when the mob and policemen were there—the policemen conducted themselves very well indeed—I did not see them use any violence at all—the mob conducted themselves very bad indeed—I saw them insult the policemen, and trip them up a time or two, that is, trying to knock their heels up—I saw some stones thrown, but I was on duty, and was obliged to Mend to that—I saw the deceased struck several times—I saw some marks on his face, and his mouth appeared to have a very severe blow—I did not see any blood—my wife was inside the toll-house, and in the confusion, out of fear, she shut it up.
JAMES RICHARDS . I am pot-boy at the Rodney Arms public-house, in New King-street, Deptford. I was on the footpath between the toll-gate and the Telegraph, when the mob were there, and the police were taking Pine to the station-house—I saw Aldridge, the policeman, there, and Calvert and John Pine, who they were taking prisoner—before they got to the Telegraph, there were stones flying from all parts, like hail-stones, at the policemen—I saw Calvert when the mob got near the Telegraph—he was
about two or three yards off—I heard him say, "Go it, give it him," and several persons behind hallooed out, "Give it to the b----without a hat"—Woolmer was in company with me, close at my right-hand side—Calvert was then about three yards from Aldridge—I knew Calvert before, by coming to the Rodney Arms public-house several times.
EDWARD WOOLMER . I work at a wood-yard at Deptford, for me. Fletcher. I was in the road, between the toll-gate and the Telegraph, and saw the mob there—before they arrived at the Telegraph a great many stones were flying about in all parts, and the mob were saying, "Go it, give it to that b----without a hat"—I saw Aldridge without a hat—I saw stones thrown at him near the Telegraph—when I got just by the Telegraph I saw Calvert pick something up off the ground—I suppose it was a stone—I saw him deliver it out of his hand, and saw it strike the deceased under the right ear—he was about two yards from him at the time—on the stone striking him, I saw Aldridge stagger a few paces out of the road, and fall against a person's door—there were steps to the door.
Cross-examined by MR. CLARKSON. Q. Were you in company with Richards? A. Yes—I had been there about half an hour—I went from there into New King-street, not with the mob—I had been with the mob about half an hour, walking along.
THOMAS KING . I am a baker, and live at Broom fields, Deptford, about twenty yards from the toll-gate. The toll-gate is rather between my house and the Telegraph—my house is at the corner—I saw John Pine in custody of the police, I was at Wolverton's gate, between the toll-gate and the Tele-graph—he was conducting himself in a very violent manner, and was kicking and fighting at the police—there were a great many persons assembled—I heard a man, named Brooks, say to Pine, "Go quietly, Johnny, and I will bail you out to-morrow"—he did not go quietly—I saw the deceased draw his staff, but he did not use it on account of the mob threatening him, I believe—I heard them threaten him—I went about fifty yards past the Telegraph—the police conducted themselves in the best possible manner—some of the mob were threatening the police, and some throwing stones—saw many stones thrown at the police—John Pine resisted very much after he left the toll-gate.
COURT. Q. Did you interfere with any of the mob who were throwing Stones? A. I spoke to one. lad who was throwing a stone; and while doing so, another person came up, and asked me, with a great oath, what? had to do with it—I said, "Nothing"—I was prevented from interfering further from what the man said.
JAMES HAIRSINE . I am a policeman of the R division. I came up to the assistance of the other policemen, near the lower end of High-street—that was after they had passed the Telegraph—I saw the prisoners Burke and William Pine in the crowd, shouting, hissing, and making a noise—saw the Telegraph public-house about ten minutes before the affray began, and it was lighted up—there was a very strong light there—I could see any one in the middle of the road very well—it was gas-light.
CHARLES HAMPTON . I am a miller, and live at Broom fields, Deptford—on the 29th of September, on the same side of the way as the Telegraph, and within two doors of it, I saw the police with somebody in custody as they went towards the Telegraph, I heard the mob say, "Kick him down, kick him down"—I observed Aldridge without his hat at time—he was leaning on the other policeman's shoulder, and just before he
got to the Telegraph, he left him and came and sat down at the door of my house, leaning his head down, and said, "Oh dear, my head!"—I was up stairs—I went down to him and found him sitting on the steps bleeding, with his hand on his head—his staff was in his pocket—I took him into my house—Mr. Downing, the police surgeon, was sent for, and saw him there—he was afterwards taken away on a stretcher.
BETSEY WHITE . I was in Broomfield-place on this Sunday night—I saw Aldridge leave the mob when near the Telegraph—I did not see what happened to him before that—he reeled to our house and leant on the palings to support himself—he then sat on the steps of my daughter's (Mrs. Richardson's) house, where I was at the time—the street-door was open—his head did not knock the steps—he fell on the mat with his hand on his head—his head did not touch the steps—he was removed into the house—he was quite sensible from the time he came in till he went out—Mr. Downing visited him.
HANNAH RICHARDSON . I am the daughter of the last witness. I saw Aldridge come out of the crowd—he came reeling up to our door, and fell with his hand on his head on the mat of our door—his bead did not strike the steps I am sure.
EDWARD DOWNING . I am surgeon to the R division of police. I was oiled to see Aldridge at Mrs. Richardson's house on the 29th of September, between six and seven o'clock at night—at that time he was lying on the carpet down stairs—he complained of great pain behind the ear, and was bleeding slightly from the wound, which was about two inches behind the right ear—I dressed the wound, and he became faint—I gave him some brandy and water—I asked him whether he would go to the hospital—he said he would rather go home—he was taken home, which was about two miles or two miles and a half, on a stretcher—I saw him again at his own house at half-past three o'clock in the morning—he was sinking—he died about an hour and a half after I left him—I examined the body after death with two other surgeons, and I am of opinion that his death was caused by fracture of the internal plate of the skull—I opened the head—there was about three quarters of a pound of extravasated blood between the skull and the Duran mater-—I attribute his death to external jury from a blow—I think such a blow as would be inflicted by a stone.
COURT. Q. Was the skull thick or thin? A. Remarkably thin—there was a slight abrasion also on the left side of the head, and a contusion on the left eye, with ecchymosed.
WILLIAM PHIFPS . I am a police-inspector. I saw William Aldridge dead—I went to the road between the toll house and Telegraph on the Tuesday morning following, and picked up some stones, which I have here—(producing some)—these are the sort of stones which were laying there—the road had been broken up to lay down gas-pipes, and there were a quantity of stones—the Telegraph is in the parish of St. Paul, Deptford.
CALVERT— GUILTY . Aged 21.— Transported for Fifteen Years.
J. PINE— GUILTY . Aged 21.— Transported for Life.
W. PINE GUILTY . Aged 20
BURKE— GUILTY . Aged 21
Confined Two Years.
Of Manslaughter only.
Before Mr. Common Sergeant..
WILLIAM JONES . I am a pensioner of Greenwich Hospital. On the 22nd of October I was at the tap-room of Mrs. Griffiths, and was rather in liquor—there was a parcel of young men there—I got tossing, and they—I sent a sovereign out to get change—I gave Mrs. Griffiths a pocket-won book with nine sovereigns in it, to take care of for me, and there was a scribbling letter in the pocket-book—(looking at a letter)—this is it—it is signed "Mary Rumbold" and this is the pocket-book—when it was produced before the Magistrate, there was a sovereign in a hole in it.
Cross-examined by MR. PAYNE. Q. Are you quite sure as to the number of sovereigns you had? A. Yes—I am seventy years old—I got too much to drink and my senses were gone.
MARY GRIFFITHS . My husband, John James Griffiths, keeps a public-house at Greenwich. Jones gave me his pocket-book, and I counted eight sovereigns—I tied the pocket-book up again with the sovereigns in it—I carried it up into my bed-room, and put it into a chest of drawers about four o'clock—I received information in a quarter of an hour, went to the drawer, and it was gone.
Cross-examined. Q. Were there a good many people in the tap-room? A. Yes, tossing for gin—I counted only eight sovereigns—the prisoner was in the room when the prosecutor gave me the money, and followed me to the bar-window while I counted it out.
MARY RUDGE . I am niece to Mr. Griffiths. I saw the prisoner coming down stairs from the bed-room—he had no business up-stairs—I went and told my aunt directly—he went out at the street-door directly.
Cross-examined. Q. That was in a different direction from the yard, was it not? A. Yes—he came back in about ten minutes or a quarter of an hour—I am quite sure I saw him on the stairs—it was about four o'clock—the stairs lead straight to the passage, and there is a door at the bottom—I was coming along the passage when he came down, and I could not pass him—he passed me, and went out directly.
Cross-examined. Q. You told him the charge? A. Yes—he made no reply—I have known him a long time—he bore a good character.
THOMAS BEADLE . I am a labourer, and lodge at the Royal Magazine. I was in the skittle-ground the next day, about ten minutes after twelve o'clock, and under the water-butt at the bottom of the skittle-ground, I found this pocket-book—I carried it in, and gave it to the landlord—I shook it in my hand, and found there was money in it.
Cross-examined. Q. How came you near the water-butt? A. The policeman had searched the premises all round—the landlord ordered me to go and empty the water-butt, and I found the money under it.
NOT GUILTY .
ROBERT WHOMES . I am a furniture-dealer, and live at Lewisham. I saw this carpet in my shop on the 19th of September, between twelve and one o'clock—I missed it about one o'clock—I gave information, an in a short time it was brought by the officer—this is it.
ELIZA STUMP . I am the wife of John Stump. On the 19th of September, about one o'clock, I was standing at my window, and saw the prisoner standing by my shutters—he beckoned to two boys—he then crossed and took the carpet from the prosecutor's shop, and he put it in a dirty coarse apron—he was then joined by one boy, and then by another.
Prisoner. Q. Did you see me? A. Yes, and I spoke to you—I am confident you took it.
Primer's Defence. I saw two boys run and chuck this carpet down—I picked it up—this man came and said, "What have you got?"
GUILTY . Aged 16.— Confined Three Months—Three Weeks Solitary.
2940. WILLIAM THOMPSON was indicted for stealing, on the 16th of September, 38lbs. weight of cheese, value 1l. 5s., the goods of Thomas Clive Richards; and JOHN HAZARD , for feloniously receiving the same, fell knowing it to have been stolen; against the Statute, &c.
THOMAS CLIVE RICHARDS . I am a grocer and cheesemonger, and live in Trafalgar-road, Greenwich. On the evening of Monday, the 16th of September, I had about a dozen cheeses in my window—I missed one the text morning—this is a part of it—it had a mark of "R," which is still on it—on Wednesday the 18th, the policeman called to say he had got some cheese, and on the 19th, I saw it at the Magistrate's office, on the table—I examined it, but I did not see any mark on it, but I had not time to examine it fully—next day I examined it, and discovered the "R"—it was the same sort of cheese as this, and here is the "R" branded on it with an iron—I am able to swear this is the cheese I lost on the 16th.
Thompson. The Magistrate said, "Take it up and look at it"—he took it, and turned it over and over, and said, "It is a little like mine, but if it is, the mark has been cut off, and I cannot swear to it," and the foreman of the shop could not swear to it. Witness. It laid on the table—I did not torn it over and over—I did not say if it was mine the mark had been cut off it—I had no doubt it was mine—I was not sure what mark was on it, and the next day I sent a cheese up to the Magistrate to compare it with the mark.
JOHN COLKETT . I am the prosecutor's shop-boy. I saw the cheese safe on the evening of the 16th, at seven o'clock, and about eight o'clock I saw Thompson standing about the door—the cheeses were inside the shop, but the window was up—a person in the street could take it—I was in the shop from seven o'clock till ten that evening—we had a good deal of business—I know what was sold—this cheese was not cut—we never cut one when there is another in cut—we have never sold a Cheshire cheese whole since I have been there, which is twelve months.
Thompson. Q. Did you see any more college men about but me? A. I saw one more—I noticed you because I knew you by coming to my master's shop.
SAMUEL GUTTERIDGE . I live in Pemmel-court, Church-street, Greenwich, and am a labourer. On Tuesday, the 17th of September, just before dinner-time, Thompson and Charles Bosted came to my house, and my fond Bosted said, "Will you buy a bargain, will you buy a piece of cheese?"—I said, What weight is it?"—they said 16lbs.—I said, "1d.
worth of cheese is quite sufficient for me"—he said, "Will you come and fetch it out of the College?"—I said, I have no objection"—he said, "You come after dinner"—accordingly after dinner I went to No. 3 cabin, in the Duke of York's ward—I met Thompson on the stairs coming down—Bosted, who was with me going up stairs, said to Thompson, "Here is the man come to take the cheese"—Thompson said, "Go up, I will be back in a few minutes"—we went up into Thompson's cabin, and there was Hazard—I said, "I am come for the cheese"—Hazard took it off the shelves, and put it into the basket—up came Thompson, and Hazard said to him, "It is all right"—I said to Thompson, "Where am I to take this to?"—he said, "Take it out at the west-gate"—I said, No, I will go out at the east-gate"—I had a particular reason for that—I went out at the east-gate, and did not know what to do with it—Thompson then came up to me and said, "Don't you see the policeman?"—I said, "What have I to do with the policeman?"—Thompson then left me with the swag on me, and cut away, because he saw the policeman following me—he took me all round by the market, and round to the College again—the policeman stopped him—I gave him the cheese.
CHARLES BOSTED . I have known Thompson for forty or fifty years, he is an old shipmate. I met him out of the College between eleven and twelve o'clock on that Tuesday—he said, Charley, I want you to do a bit of a job for me"—I said, "Very well, I will go and do it"—I went with him to his ward, which is the Duke of York's ward—he said, "Will you have some bread and cheese?"—I said, "Yes"—I had some and some beer—he then said, "Will you take this out for me?"—I said, "No. it is against the rules of the College to take any thing out"—it was a piece of cheese he wanted me to take out, and it was very much like this—I said, "Where did you get it?"—he said, "I got it from on board a ship"—I said I knew a man of the name of Gutteridge—I took him there, and brought Gutteridge to take away the cheese.
WILLIAM SMITH (police-constable R 49.) On the 17th of September I went to the east-gate of the College—I waited there three-quarters of an hour, when I saw Gutteridge coming out with a basket containing half a cheese, followed by Thompson—they spoke together in the middle of the road—Thompson then walked on first, and Gutteridge followed him—they went by the water-side, and through several streets—Thompson turned, and looked at me—I heard him say, "There is a policeman"—he walked on quickly, and then ran—I still followed—as he was going into the College, I went and asked him if he had hired the other man, (meaning Gutteridge,) to carry the cheese—he said, "No"—I said, "Do you know any thing of him?"—he said, "No"—I said, "Come back to the man, and I said to Gutteridge, Is this the roan that hired you to take the cheese?"—he said, "Yes," Thompson then said he had, and he had got it on board a ship—he had bought it of a sailor belonging to a west India trader—he said he did not know what it weighed, but he gave 10s. for it—in going along, he said he gave 9s. for it, and at the station-house he told the inspector he gave 8s. 6d. for it—I locked him up, and went to the College with Gutteridge, to No. 3 cabin-door, in York ward—I to Gutteridge to go first—he did so, and Hazard, who was in the cabin, said to Gutteridge, "Where is he?"—I stepped up, and said, "Who?"—Hazard said he did not know—I turned down the bed, and found two
more pieces of cheese and a small piece—Hazard said Thompson had brought it there on Monday night, when he was in bed.
Thompson's Defence. I bought it of a man who had been with me on board the Britannia. In the action off Trafalgar—I gave him 10s. for it.
THOMPSON*— GUILTY. Aged 73.—Recommended to mercy.
Confined Six Months.
HAZARD— NOT GUILTY .
2941. SARAH HART was indicted for stealing, on the 4th of July, 7 yards of binding, value 4s.; 2 yards of moreen, value 2s. 6d.; and 4 yards of damask, value 13s.; the goods of Elizabeth Bertram, her mistress.
ELIZABETH BERTRAM . I am a widow, and live in Devonshire buildings, Dover-road. The prisoner was in my service as a work-woman—she went sway on a Saturday night in July, and promised to come again on the Monday, but she did not—a day or two after, I missed the binding and these other articles—these are the articles—I can swear to then—one of them has a mark on it.
Prisoner. Q. Was I not obliged to leave you, being ill—you laid this binding was new, and it is only old? A. She was ill, but I do not think that was the cause of her leaving—she went away very well on the Saturday night—this binding was not new, but it belongs to a sat of curtains.
ELIZABETH BAILEY . I am the wife of Thomas Bailey, who is a private in the Marines at Woolwich. The prisoner lodged with me, she made me a present of these things, and when she left me I missed a ring.
Prisoner. Q. Did not Mrs. Bertram say she gave me a piece of stuff? A. Yes, but not these.
WILLIAM MULLINS . I am a sawyer, and live at Adelaide-place, Woolwich. On the 28th of July the prisoner took my ready-furnished lodging—she came with a rifle-man, she married him on the 28th, and I let them a room—she lived with me till September, and then she was taken on this last charge—I missed these things, and the duplicates were found in her possession.
Prisoner. Your wife lent me these things. Witness. You said before the Magistrate, that my wife lent you the spoons, but you acknowledged pawning these things.
Prisoner's Defence. Mrs. Mullins was aware I pawned the things, and
on the following Thursday my husband was going to get the money, but he was ordered to Windsor.
GUILTY . Aged 24.— Confined Six Months.
GEORGE HARRIS (police-constable R 158.) I was at Charlton Fair on the 18th of October—I saw the two prisoners about seven o'clock in the evening, and followed them about two hours about the fair—I saw them attempt to pick several people's pockets—I saw them speaking together, and near the shows they fixed themselves close to a respectable man—Knight took his handkerchief, and handed it to Haines—I seized them, and tried to get to the gentleman, but the crowd was so great, I could not—I do not know his name—I said to Haines, "Where is that handkerchief?"—he said, "What? I have none"—I said, "I saw you take one from that gentleman"—I found this handkerchief between his shirt and his flannel waistcoat—he said, "This is mine, I bought it'
Knight's Defence. I know nothing about it—I was not in the Fair ten minutes before.
Haines's Defence, I gave 4d. for it two months before, when I was in the country hopping.
KNIGHT— GUILTY . Aged 17.
HAINES— GUILTY . Aged 16.
Confined Three Month,.
GUILTY . Confined Three Months.
Before Mr. Recorder.
GUILTY . Aged 50.— Confined One Year.
Before Mr. Sergeant Arabin.
2946. JOHN WILLIAMS, JOSEPH PICKERING, JOHN HENWRIGHT, PATRICK SULLIVAN, THOMAS GRANEY, JAMES BROOKS, JOHN CALVERT, WILLIAM SALTWELL, THOMAS FINLEY , and TIMOTHY J. ODY , were indicted for riot and assault.
GEORGE STEVENS and GEORGE BAKER identified the prisoners as active in the riot and assault, as proved in the former case, (seepage 1067; hut Brooks had advised Pine to go quietly with the police,) which was not disputed by Mr. CLARKSON, their Counsel.
BROOKS— NOT GUILTY .
WILLIAMS— GUILTY . Confined Six Months.
PICKERING— GUILTY . Confined Four Months.
SULLIVAN— GUILTY . Confined Three Months.
HENWRIGHT and the others GUILTY . Confined One Month.
Before Mr. Recorder.
2947. ELIZABETH MAYO and MARY MAYO were indicted for stealing, on the 12th of October, 6 cups, value 1s. 8d.; 4 saucers, value 8d.; 3 basons, value 9d.; 1 salt-cellar, value 1s.; 1 wine-glass, value 6d.; and 1 plate, value 1d.; the goods of Queely Sheill, their master.
QUEELY SHEILL . I live at Roehampton, in the parish of Putney. Elizabeth Mayo was in my service as dairy-maid, and Mary Mayo as cook—on the 14th of October they were about to leave my service, and their boxes were packed—in consequence of some loss of money, I sent for a policeman, named Finlayson, and had their boxes searched—I believe some cups and saucers, and other things were produced—I know nothing of these.
Cross-examined by MR. CLARKSON. Q. How do you spell you name? A. Queely—I have no other name.
JAMES FINLAYSON (police-sergeant V 13.) I went to Mr. Sheill's on the 14th of October, in Park-lane—I searched the prisoners' boxes, which were packed—I found in Mary Mayo's box these cups and saucers, plate, wine-glass, basons, piece of dimity, two pots of butter, some soap, some vermicelli, and a book, which is not claimed—Mary Mayo said they were Mr. Sheill's things, but they were given her—she did not say by whom.
Cross-examined. Q. How many other servants were there? A. Two males, and one female—Mr. Sheill's daughter is not here, nor the other female servant.
THOMAS RIDLEY . I am servant to Mr. Sheill. I know these things, they are my master's property—these cups and saucers were under my care—Elizabeth Mayo had the key of these things—they were in the housekeeper's room.
Cross-examined. Q. Were you in the service of the prosecutor when Elizabeth Mayo came? A. Yes—it is two years on the 1st of December—Mary Mayo, the daughter, came from Lady De Bue's—I do not know where the mother came from—the daughter had been there five months—I know nothing of the butter-pot, or the book, or the dimity—this blue saucer was the kitchen saucer, I know it belonged to my master—I will not swear to it—I will swear to this salt-cellar—I cannot say when I lost it—I cannot say within two months—I had only four under my care—I have not four in my charge now, only three—I missed it when I counted my glass up, which was about two months ago—I did not inquire for it—the prisoners had been going to leave for six weeks—I have no recollection of missing these cups—they have gone out of the pantry cupboard, but I cannot tell when—I did not know whether they were broken—I made no inquiry—I might have missed them six, eight, or nine months ago, I cannot say—I missed this plate about thirteen months ago—I had but two of that pattern—I made inquiry, and could get no clue myself.
COURT. Q. Some of the things were under the key of Elizabeth Mayo? A. Yes—I had not missed the glass.
NOT GUILTY .
2948. ELIZABETH MAYO was again indicted for stealing, on the 12th of October, 1 towel, value 1d.; 1lb. weight of soap, value 6d.; and 3/4 lb. weight of candles, value 4d.; the goods of Queely Sheill, her master.
NOT GUILTY .
WILLIAM BATES . I am bailiff to Thomas Brown, at Bowling-green farm, in the parish of Streatham. The prisoner was in his service—on the 4th of October I sent him to London to fetch a load of manure—I allowed one truss of hay and some corn—I gave him 4s. to pay for the manure, and 1s. to spend—the truss of hay is worth 2s. 6d.—in consequence of Richard Sparrow, my boy, making a communication to me, I sent for the prisoner on the 14th of October—I told him what the boy told me—he said he had not taken it, and then I said to the boy, "Tell the truth, whether he took it or not"—the boy said he did—the prisoner then said it was not a truss of hay, it was a little he might hold under his arm, and he sold it for a pot of beer, to the ostler at the King's Head public-house.
Cross-examined by MR. CLARKSON. Q. This is the first time you have said any thing about his selling hay? A. I said before the Magistrate that he sold it for a pot of beer—Sparrow told me this on the 14th—Sparrow had been in my service three months, but he had been two or three times previous—I had discharged him, and on his being discharged he told me this—I do not recollect one of the horses having a new shoe on—Mr. Brown was on the farm while the prisoner was there, but did not live there—I hired the prisoner weekly.
RICHARD SPARROW . I am carter's boy to Mr. Brown. I accompanied the prisoner to town to fetch a load of dung—we started about three o'clock—before the prisoner went away he got a truss of hay out of the loft, and cut one off the stack, and put them on the wagon—the one off the stack was bigger than the other—there were four horses—we stopped at the King's Head public-house at Tooting to water the horses—the prisoner put the truss he cut from the stack into the stable there—the horses had some of the hay taken from the loft to eat—we stopped at the King's Head public-house as we returned, and the horses had the rest of the truss from the loft, and the corn—when I got into the stable I saw the truss that had been cut from the stack there—it was up in the corner, where the prisoner had put it—I am sure it was the same—the prisoner told the ostler to put it out of sight—I got my dinner there—the ostler gave the prisoner 1s—we had a pot of beer there, which the ostler brought—I went out, and when I came back, I found some more beer before the prisoner, and the ostler was sitting with him—we had some gin when we left, which the ostler gave us—when I was going home the prisoner told me not to say any thing about the truss—I told Mr. Bates about this after I was discharged—I did not tell him before, because I was afraid the prisoner would leather MR.
Cross-examined. Q. Why did you think you were more likely to be leathered before than after? A. I do not know—I remember being turned away on the Monday in consequence of his complaining of me I saw, "If I get the sack you shall get the sack too"—I am between ten and eleven years old—I do not know how many days it was after the occurrence—one of the horses was shod on the road, but I do not know where—the prisoner had 4s. given him to pay for the manure, which he paid—I think the horse was shod in London—I did not see what the prisoner paid—I was a
the top, minding the three horses—I do not know that he borrowed the shilling of the ostler for the purpose of paying for the shoeing—I do not know bow he kept himself and me on the road—no one saw this second truss but him and me—it was not the same ostler that was there when I went that I found on my return—I do not know if Bates gave an ostler, named Chamberlain, into custody—there has been no hay produced.
ROBERT EMERSON (police-sergeant V 9.) I took the prisoner at Ewell—I told him it was for stealing a truss of hay, and selling it to the ostler at the King's Head public-house—I told him he need not say any thing to criminate himself, for it would be mentioned against him—he then said he supposed his master would give him seven years, that he had been in his service two years, and had never done such a thing before—that he did leave some hay at Tooting, and the ostler gave him a pot of beer for it.
NOT GUILTY .
Before Mr. Baron Gurney.
2950. RICHARD RICKETTS was indicted for feloniously assaulting James Holeham, on the 11th of October, and cutting and wounding him upon his forehead and left side of his head, 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.
JAMES HOLEHAM (police-constable M 90.) On the morning of last Saturday week I was on duty in Bermondsey-street, near Tattle-court, about a quarter to two o'clock, and saw three men and five or six prostitutes making a disturbance, quarrelling among themselves—I came up to them, and spoke to them to go away and go home—the prisoner said he would not go home, for it was raining—I told him he had not far to go, and he ought to be at home before the rain commenced—I knew where he lived—he had a flannel jacket on—he said he had a flannel jacket on, and he would not go, and another said he would not go—I turned round to speak to him, and the prisoner passed by me, down the court, and came against me to jostle against me—I saw him coming, and moved out of the way, and he fell on his back—(I had not spoken a harsh word to him, nor struck him)—I asked what be meant by that—he made no answer, but got up, and seemed very angry—I said I would have no nonsense, and if he did not go home I should take him to the station-house—one of his party tried to persuade him to go home—he stood very quiet, and then walked deliberately home—I saw him go to his house, which was about twenty yards from where I was—I am quite sure I saw him go in—while I was endeavouring to get the others away I saw him come out again, and he said, "I cannot get in yet"—I was endeavouring to arouse a female on the step of a door, and one of those who had been with him said, "Give it to him"—that called my attention to the prisoner, and I saw something in his hand, and apparently concealed up his sleeve—I asked what he had there, or what he meant—he said nothing—I moved back to get my staff out, but could not get it out, and he sprang at me, and struck me on the head with a poker which he had in his hand—he struck at me again, and knocked my hat off—I could not get my staff out—I received two blows—one was after my hat was off—here is a mark on my hat, and another on my head—it stunned me, and the blood ran down my face—after receiving two blows, I got my rattle out, gave it one spring,
then closed on him, and struck him with the rattle on the head—he then called to his companions for assistance—they closed round me—one of them struck me—I cannot say whether the third struck me or not—No. 113 came up to my assistance, and then the men were making away—the prisoner was afterwards brought to me by No. 113—I lost a great deal of blood—I went to Guy's Hospital, and got my head dressed—they wanted me to stop there, but I preferred going home, and next morning Dr. Odling, of the police force, attended me—I have been very ill since, and unable to do my duty.
Prisoner, After he struck me on the head, be knocked me down. Witness. He was not knocked down at all.
FRANCIS BAKER (police-constable M 142.) Last Saturday week, about twenty minutes after two o'clock in the morning, I was in the neighbourhood of Tattle-court, and picked up this poker, with hair and blood on it, and there was about a table-spoonful of blood by the side of it, on the ground.
GEORGE ODLING . I am a surgeon, and live in High-street, Borough. I attend the M division of police—I was sent for on Saturday morning to Union Hall, and examined the prosecutor's head—he had two severe wounds, one on the forehead, and one on the upper part of the left side of the head—I did what was necessary for him—the wounds produced a good deal of fever, symptoms of pain all over, and headache—they were serious wounds, but I did not apprehend danger from them—they might be very dangerous from an instrument of that kind—it must have been a heavy iron instrument—I think this poker was very likely to produce such a wound.
Prisoner's Defence. I live at the top of Bermondsey-street, at a butcher's shop. About half-past one o'clock in the morning I was returning home—it rained very hard—I stopped under the court, out of the wet—there were other people there—the policeman came up, and he appeared to me to be drunk—he came reeling about, and said, What are you all standing here for?"—I said, "We are standing out of the rain, as soon a it leaves off 1 shall go home"—he said, "You live down there, go along home"—I said, I have no right to go down there, I don't live there"—he gave me a shove, and said, "Go along home, sir"—I staggered and fell down, and getting up again, he shoved me down again, saying, "D—your eyes, you won't go"—he pulled something out of his breast, struck me with it, and knocked me down—I got up again, and said I would see him d—d before I would go, after being struck so—he pulled something out, and struck me again on the head twice—a young man and a female came up to me, and said, "Come away"—he went to the top of the court, and sprung his rattle—the policeman came, and I said, "I will insist on going to the station-house to tell the inspector how I have been ill-used—I went all the way to Union-street, and the door of the White Hart public-house being open, I went in there—"Good God!" said the landlord, "what have you been doing?"—I was all bloody—I said, "I am going to see the inspector to tell him what the policeman has done"—I asked him to draw me a glass of gin—he said, "Don't go to the station-house, or you will get locked up"—I said I insisted on going—he said, "Take my advice, go home, come to me in the morning, and I will see what I can do for you"—I said I would take his advice—I
was smothered with blood all over, and it was raining very hard—I asked him to draw me half a pint of beer—it was a quarter past one o'clock—he said it was rather late, it was not usual to draw beer after hours, but he would draw me a glass—I came out, crossed the Borough, came into King-street, and stood up at a doorway, as it rained hard—I had only been there a few minutes before two females came up, who they took to the station-house as witnesses—they said, "You are the young man who hit the policeman on the head"—the policeman followed them, and said, "You are the young man we want"—he took me in charge—the two young women followed, and said they knew the man who struck the policeman—the inspector asked the young women if I was the man who struck the policeman—they said they believed it was not me, but somebody else.
MARY ANN MORRIS . My husband works at Mr. Walker's iron manufactory, in Blue Anchor-street, Bermondsey. I work at slop-work—I am obliged to work sometimes all night—I came out to go into Tooley-street, to get a candle—it rained very hard, and as I came along I went under this place out of the rain—the prisoner and several more stood there—the policeman told him to go on—he said he was going—the policeman immediately took out his rattle, and struck him—then took out his I staff and hit him three times, and cut his head—he fell down—another young man and me took him up, and he went down the court—the policeman took another young man, and the prisoner went to the station-house, to see what recompense he could get for the wound, and they locked him up—this was about three minutes' walk from my house—it rained when I went out, and it came on to pour with more rain—I had got my candle, and was coming back—I had about ten minutes' walk to get to my own house, as I had to go into Russell-street, to my mother's, for the remainder of the work—I had been out about a quarter of an hour altogether.
MR. CLARKSON. Q. You knew nothing of the prisoner till this occasion? A. No, I thought it a pity he should get injured—I have seen him in Bermondsey-street—he is a pin maker—I cannot say who the other persons were—there were several other young men, and one young man, I believe, was taken up—there were two young women—I was one, and the other works, I believe, at the rabbit-skin pulling—she said she was standing there out of the rain—the policeman did not desire her to move off, nor me—he said nothing to me—it was between twelve and one o'clock in the morning—I did not see any body with a poker—a poker was thrown, but it was not by this young man, for when he lost so much blood he fell down, and I picked him up,*with a young man named Charles Roberts, who lives in Tattle-court, and goes about with mats—he did not attend before the Magistrate, nor did I—I heard nothing at all about it—I saw the poker thrown—the prisoner lives at No. 5, Bermondsey-street—I live at the end by the church, and the prisoner lives up towards Tooley-street—I have known him twelve months—here is his shirt—(producing it)—it is bloody—the young woman who washes for him gave it to me to bring up—his mother lives at No. 5, Tattle-court, and he lodges with her—he had a flannel jacket on this night—he never made any resistance to the officer, nor did any of us—the officer struck him without any provocation—I saw him draw his staff—there was another young man, named Thomas Matthews, who lives in Bermondsey-street, and works at the leather trade—I never saw him before—my husband has worked with him—the prisoner went into a house in Tattle-court, to wash the blood off his face, and then went to the
station-house, to complain—I saw him go there—he did not go any where but to the station-house and Tattle-court—I must have seen him if he had.
MR. CLARKSON called
JURY. Q. Is King-street in the road to the station-house? A. Yes; I received information from the prosecutor at the station-house—I had assisted him to the station-house with the first prisoner, and the woman who has given evidence was not near the place—I know the two women who were there—as I came from the station-house I saw the prisoner standing up under a doorway, seven or eight minutes' walk from the station-house—he stood up to let me pass him.
GUILTY . Aged 23.— Confined Twelve Months.
Before Mr. Baron Maule.
2951. RALPH SIMMONDS was indicted for feloniously breaking and entering the dwelling-house of Andrew Schwar, on the 28th of September, at St. Mary's, Newington, and stealing therein 7 clocks, value 7l., his property, and that be had been previously convicted of felony.
ANDREW SCHWAR . I am a clock-maker, and live in East-lane, Walworth. On Saturday, the 28th of September, I left my house at half-past nine o'clock in the morning, leaving a lodger there—I locked the shop-door when I went out, and put the key in my pocket—the street-door was on the latch, but they could not get at my shop without forcing the door open—I left some clocks there—I came home about seven o'clock in the evening, and found the shop-door open, and missed seven Dutch wooden clocks, with brass wheels—on the Monday after, I received a letter, in consequence of which I went to Penton-street, Clerkenwell, and got a parcel containing four of the clocks—a policeman produced some keys, one of which opened my lock.