CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
SESSION I. TO SESSION VI.
GEORGE HEBERT, CHEAPSIDE.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, November 25th, 1889, and following Days.
Before the Right Honourable Sir CHAPMAN MARSHALL , Knt., LORD MAYOR of the City of London; Sir James Parke, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Bernard Bosanquet, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Bart.; William Venables, Esq.; Matthias Prime Lucas, Esq.; Sir John Key, Bart.; William Taylor Copeland, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City; Thomas Johnson, Esq.; John Lainson, Esq.; James White, Esq.; John Humphrey, Esq.; and John 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.
MARSHALL, MAYOR. FIRST SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†) that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, November 25th, 1839.
First Jury before, Mr. Recorder.
1. WILLIAM GRIFFIFTH was indicted for stealing, on the 18th of November, 1 handkerchief, 1 yard of merino, and 1 card-case, the goods of Peter Patterson : also, for feloniously receiving 17 lbs. weight of silk, value 34l., and 860 wooden bobbins, value 1l., the goods, of Robert Graham, Junr.; well knowing them to have been stolen against the Statute, &c.; to both of which he pleaded
GUILTY . Aged 29.— Transported for Seven Years.
MR. BALLANTINE conducted the Prosecution.
JAMES DUFFEY . I keep a chandler's Shop in Ship-yard, Templebar. On Saturday, the 10th of August, the defendant was in my debt 3l. 11s. 4d.—he came to my shop about five o'clock that day, and produced this paper—(read)—"10th of August, 1839—Messrs. Barclay and Co., pay to self 9l. 3s., as advised by Messrs. Gurney and Co. "—he said, "I am indebted to you something; if you let me have 3l. on this I will call or send you an order at the beginning of the week to make up the deficiency"—I let him have the 3l., supposing this to be a genuine paper, and that there was money in the bankers' hands to meet it—he told me if I went for it on Monday, or paid it to any of my tradespeople, or at the bank, it was as good as the Bank of England—I presented it, but it was not paid—I saw Mr. Chaston at the bank.
Prisoner. Q. How many years have you known me? A. Eight or nine—I cannot say to what amount we have done business—I do not know whether it was not 10002.—it was always honourably conducted until this—you never owed me any thing before—if this cheque had been paid I should have had to return you some money—the first time you were taken before the Magistrate you were dismissed—I offered to shake hands with you—I said it was no use to quarrel, and you said, "I will enter an action, and ruin you"—the Magistrate's advice was to go to Messrs. Gurney, to see if your statement was correct, and then I went to the banker's, and there was no effects—I did not say if this money was paid I would forego the prosecution—the money was never tendered me—some one came, and said something about it, but that was after it was out of my hands—after you were committed they offered me the money, and I referred them to
Mr. Harmer—it was not tendered previous to your being committed, because I took a solicitor to the Court for fear I should commit myself.
Prisoner. The prosecutor was willing to receive his money, but the solicitor said there was 10l. for his expenses, to which I did demur.
MR. BALLANTINE. Q. What did the Magistrate state? A. He said, "If your statement is not correct you are subject to be brought up on a future day"—I took no other steps till I had written to Messrs. Gurney, and received an answer.
GEORGE CHASTON . I am a clerk in the banking-house of Robert Barclay, Bevan, and Co. I have seen this cheque—we had no orders transmitted to us to meet it—I know that by reference to the books—we have an account with Messrs. Gurney's—if an order of this kind had been received from them I must have known it—the cheque was produced to me—I referred to the advice-book, and there were no orders—I have written "NO" at the corner—Messrs. Gurneys reside at Norwich—they have no London house—we are their agents—the prisoner kept no account with us.
Prisoner. Q. How many banks have Gurney and Co.? A. About twenty-one, I believe—we have had cheques presented when there was no advice, but we do not pay them—we have paid cheques, expecting that the advice would arrive—if this had been presented as it is now I should have had a demur about paying it without the sanction of the firm, as it bas not "or bearer" on it—sometimes they put the words "or bearer" on it themselves.
MR. BALLANTINE. Q. Do you mean that they have not sent advice of this from any of their banks? A. Yes—I have taken particular pains, and referred this morning—we are daily in communication with Messrs. Gurney's, and no advice has been sent.
COLIN FORBES (police-constable F 115.) I took the prisoner into custody—Duffey was with me—the prisoner said, "Duffey, I know I owe you the money, but I will see you d—d before I will pay you"—this was at the station-house in Bow-street—he appeared very angry.
Prisoner. Q. Did you know the prosecutor previous to this? A. Yes—I have seen him about fifteen months—I did not recommend this prosecution—I did not know where you resided, or your place of business the first time I took you; I did the second—I think 1 went there to apprehend you the second time—you were not at home, I came away, and met you in Regent-street.
Prisoner's Defence. I traversed this case from last Session, thinking I should have had a witness from Vienna, but as I do not think I should have been able to produce him, I did not traverse again—I have had considerable experience in banking-houses in London for fourteen years, and I have seen similar cheques to this, which have been paid—the sum of 9l. 3s. was to have been paid into one of Messrs. Gurney's banks on my account, and if I could have brought the witness I intended, he would have stated that he told me he was going to Yorkshire, and he would pay the money into one of Gurney's banks—but I have not seen him or heard from him since September—the money is still due to me—I had been at the Docks that day tasting some wine, and I called on the prosecutor, who has known me some time by my trusting him, and I said, Mr. Duffey, give me 3l. on this, and I will call on Monday or Tuesday, and receive the balance"—I was coming home on the Monday or Tuesday, and met the prosecutor, who said, "That cheque is not paid"—I said, "It will be in a day or two; 1 have trusted the man before, and he has never deceived me"—three or four days afterwards
I was surprised by being taken up—I was irritated, and said, "How could you think of treating me in the way yon have done?"—he said he did not care, he would go on—I went before Mr. Twyford and explained the case—he dismissed the case, and in a few days I was taken again.
COURT to GEORGE CHASTON. Q. In case of money being sent from the country to London, is it customary to allow the individual to draw a cheque, or do the banking-houses give him a cheque? A. We fill up our own cheques when we receive advice, ready for the person to receive the money; but when persons live at a distance they frequently send written cheques, and we pay them.
(The prisoner received an excellent character.)
GUILTY . Aged 35.— Confined Two Months.
OLD COURT.—Tuesday, November 26th, 1839.
Second Jury, before Mr. Recorder.
GUILTY . † Aged 18.— Confined Six Months.
GUILTY . Aged 13.—Recommended to mercy by the Prosecutor.— Transported for Seven Years—Isle of Wight.
ROBERT SUTTON . I am a stock-broker—my counting-house is in Bank-buildings, City. On Saturday afternoon, the 9th of November, (Lord Mayor's-day,) between four and five o'clock, I was going along Cheapside towards St. Paul's—there came a mob down from the west towards the Mansion-house, and two men arm-in-arm stood before me, evidently to prevent my getting on—they quitted me suddenly—I fancied that my watch and chain were gone, but I felt, and found the chain had broken at the ring connecting it with the watch, and the watch was left In the fob—I said I was robbed, and the persons standing by me said, "Yes, and this is the man that robbed you, sir," taking the prisoner—I lost my gold watch-chain, seals, and key.
Cross-examined by MR. PAYNE. Q. Was any part of the procession going by at this time? A. I think not—it was getting rather dusk at that time.
ALFRED CHAMBERLAIN . I am a gardener, and live in Haman's-row, Holloway. On the 9th of November I was in Cheapside, standing near the prosecutor—I saw a man holding him, and while he was doing so I saw the prisoner tugging at Mr. Sutton's watch twice—I heard' Mr. Sutton say he was robbed—I said, "That is the fellow," and seized the prisoner—I am sure he is the person who was tugging at the chain.
Cross-examined. Q. Did you observe what became of the seals and chain? A. No, I could not see what became of them—I was quite close to the prisoner and prosecutor, but there was a great crowd and confusion, and I could not see—no seals or chain have been found—there were no persons between me and Mr. Sutton—I was quite close to him—one man was before him, and the other behind.
AUGUSTUS THOMPSON . I am shopman to Mr. Bond, a hatter in Cheapside. I was standing at the shop-door, and saw the prisoner pressing very much against Mr. Sutton, who called out that he was robbed—I immediately ran out at the side-door, in Queen-street, and at the top of Queen-street the prisoner was being brought to the station-house—I laid hold of him, and assisted in bringing him down, as the mob were trying to rescue him, by pushing against the policeman, and trying to push him away.
WILLIAM CORNWELL (City police-constable, No. 57.) I saw the prisoner, between four and five o'clock, very busily engaged in trying different people's pockets—I watched him some time till he came nearly to the side of a stout gentleman, which I believe to be Mr. Sutton—the prisoner had one hand in his pocket behind, and another hand round him—somebody sung out, "I am robbed"—I sung out, "I have got him"—I immediately received two blows on my side, was knocked down, and received a kick when I was down, and lost my staff—I got hold of my staff again, and secured him—he had something in his hand, but what it was I cannot say—there was the matter of twenty or twentyfive thieves all round Mr. Sutton at the time, who could receive any thing from him—I know them to be thieves—I have an abcess in my neck, in consequence of their treatment.
Cross-examined. Q. Do you mean to say the prisoner is a reputed thief? A. I do not know him—I never saw him before—but the parties I saw about him I knew to be reputed thieves.
(Levy Myers, of King-street, Duke's-place, Aldgate; Ezekiel Cohen, and William Beard, of Gloucester-place, Commercial-road, gave the prisoner a good character.)
GUILTY . Aged 18.— Transported for Ten Years.
NOT GUILTY .
Before Mr. Sergeant Arabia.
7. FREDERICK RALPH was indicted for feloniously receiving, of a certain evil-disposed person, 1 watch, value 16l., the goods of George Richards; well knowing the same to have been stolen; against the Statute, &c.
GEORGE RICHARDS . I am a licensed victualler, and live in Poppin's-court, Fleet-street. I had a gold watch hanging at the head of my bed—I saw it last on the 28th of October—I lost it about eleven o'clock that night—this is it—(looking at it)—I know nothing of the prisoner.
EDWARD WASHINGTON . I am a City policeman. I apprehended the prisoner on the 5th of November, at his own house in Monmouth-street, Seven-dials—he is a clothes-salesman—I found eleven duplicates on him—one
was for the watch—I asked if he had pawned a gold watch at Mr. Ashwell's—he said he had, and that he had received it from a person at a hazard, of gambling-house, at the west end of the town, bat he did not know his name, nor who he was—he afterwards said a person named Collins had given it to him, who lived at No. 60, Monmouth-street—I went there to the third floor back-room, and found a person who called herself Collins's wife—the room was very badly furnished—there was scarcely any thing in the room.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
JOSEPH HODSDON . I am a farmer, and live at Greenhill, Harrow. On the 20th of October, on going round my farm, I missed a Welsh sheep, which I had seen the day before—I had one hundred altogether, and they were right the day before—I went round the field, and in a ditch found the skin and entrails tied up together—the skin was marked "R I "—the initials of the man that brought them from Wales—I found foot-marks by the skin, and traced them about a mile and a quarter or a mile and a half—I went afterwards with the patrol to the prisoner's house—I traced the footsteps to there—the prisoner was at the door—the patrol told him I had lost a sheep, and he had come in search of it—the prisoner said he had not got any thing but what belonged to him, and he might search—I remained outside while they went in—I afterwards went into the cottage, and saw in a dish on the table the head and, legs, a small piece of pluck, and about half the loin—they were all boiled—I asked him bow he came by the meat—he said that was his business—he said he had bought it of a man who was driving a drove through to at place—I asked if he knew the meat—he said, No"—he afterwards said he did know him—that he would not tell me who he was than, but he would another day.
Cross-examined by MR. PAYNE. Q. You did not find any shoes that fitted the marks? A. No—I do not swear to mutton—it looked exactly like Welsh mutton—I gave the prisoner in charge—he was set at liberty and taken again.
MR. BALLANTINE. Q. I believe he endeavoured to destroy himself? A. Yes—he cut his throat in the cage, and when he got better he was given in charge—he lives nearly three miles from me—he never worked for me.
THOMAS BUTLER (police-constable S 41). On the 26th of October I went with Mr. Hodsdon to Spencer's house—I saw him at the door, and told him the prosecutor had lost a sheep and suspected it was brought to his cottage, as there were marks of footsteps from where it was killed to his door—he said I was welcome to come in—I did so, and found no undressed meat—there was a pot on the are—I asked what it was—he said a sheep's head—I said there was more thane that—he said, yes, there was, part of a leg—I found a head, a leg, part of the loin, and the pluck—I laid it on a dish on the table—the prosecutor said he thought it was his as it was fresh killed and small—the prisoner was put into the cage—I searched him, and his son Henry said, "Father, the last tine he took you he took your knife away, he shall not take it away this time, because you have got never a one"—I went to the cage next morning and found him lying on his back with his hands stretched out and his throat cut—I went for a doctor,
who sewed up his throat—I remained with him four hours, and then the doctor got an order for him to go into the Hendon Union.
Cross-examined. Q. Did you take the prisoner on the former occasion to which you have alluded? A. Yes, for sheep-stealing—the Grand Jury threw out that hill—he left the Union on the 9th and was at liberty till the 20th.
SIMON CROKER . I am a patrol. On the 20th October I went to the prisoner's house—he was in custody at the time—I heard Butler ask where he got the mutton from—he said that was his business—he afterwards asked him again, and he said he bought it of a man with a drove—he would not tell the man's name—I went to Hodsdon's and traced footsteps across three fields—I found the prosecutor's shepherd there, and we did not trace further than that, but found the same traces coming back again, and a dog's foot with it—I know the prisoner has a dog—I traced the step to the prisoner's back door—I found no boots that corresponded with the steps—I told the prisoner the step was traced to his door—he immediately came out and put his foot on it and stamped it out—the boots he had on did not tally with the mark, and they were quite clean and dry, and had not been out.
NOT GUILTY .
9. JOSEPH HATHERLY was indicted for stealing, on the 24th of September, 7 memorandum books, value 10s. 6d.; 48 wafer stamps, value 15s.; 38 dozen pencils, value 1l. 15s.; 7 gross of pen-holders, value 2l. 2s.; 33lbs. weight of India rubber, value 5l. 15s.; and 19 dozen carpenters' pencils, value 1l. 18s., the goods of Sir James Williams, Knight, and others, his masters.
MR. CLARKSON conducted the Prosecution.
DANIEL FORRESTER . I am one of the officers of the City of London. On Friday, the 8th of November, in consequence of directions I received, I went to the prisoner's lodging, 561/2, Pear Tree-court, Clerkenwell—he wrote me that address himself—I there found a great quantity of India rubber, black-lead, and carpenters' pencils, wafer stamps, pen-holders, and memorandum books, all new—some were in a box, some under the bed, and some in a bag (producing them)—the prisoner was not at home at the time—I found his wife there, and she permitted me to search.
AARON WILLIAM PUDNEY . I am foreman to Sir James Williams and others, wholesale stationers in West Smithfield—the prisoner was in their service, first to assist in the warehouse and afterwards as porter—he had access to all the articles dealt in by the firm—he had 21s. a week—he did not carry on any trade himself—(looking at the property)—this parcel of memorandum books I tied up on the 21st of September, when taking stock, and it has my own writing on it—these packets of wafer-stamps bear our private mark, and they are tied up as we tie them—there are twelve in each packet—they have not been sold—if they had, the private mark would have been taken off—this piece of India rubber was bought with a quantity on the 21st of October—I think this is the piece we had with the parcel, for I have looked over the parcel and cannot find it—I do not swear to it, but I think this is the piece—this parcel of pen-holders bears the mark of George Hall, one of our men—it has no private mark—I believe all this to be my masters' property—they deal in such things—it has not been missed—our stock is too large to ascertain such a loss.
Cross-examined by MR. PRENDERGAST. Q. You believe they were once in your warehouse? A. There is no question about that—we are in a very extensive
way of business, and supply shops entirely wholesale—these goods could not have been sold without the private mark being taken off—it is the invariable rule of our house to take the private mark off whenever a parcel leaves the house, and I can conscientiously swear that a parcel scarcely ever went out without that being done—I have been there twenty-two years, and never knew it not done—if a man is known not to do it, he loses his employment—we should tear the private mark off, or do the parcels up fresh—the private mark is put on by me—it is taken off because there are many people in different parts of the country who would know the mark—here are one or two look out orders besides me, and one man packs—if a person comes in to buy a small packet, and takes it away with him, we should take the mark off first—several persons sell besides me, but I can undertake to say these have not been sold, or the private mark must have been taken off—I believe no one knew where to find these packets but myself, as I did them up, and put them away—I am very seldom out, except to go to my dinner—we all leave at one time, except one, who stops to take charge of the premises—I always had a good opinion of the prisoner till this time.
MR. CLARKSON. Q. Would the private mark intimate the costprice? A. It would, and we wish to keep it to ourselves, as young men who have been with us, and have settled in the country, would know it—I never knew the prisoner purchase any of these things at the warehouse—he has no shop of his own—he is engaged at the warehouse all day—we do not allow persons in our employ to deal in the same articles.
GEORGE HALL . I am warehouseman to the prosecutors. I put the letter "W" on this packet of pen-holders, about six months ago—it is our peremptory orders not to part with goods with the private mark on them.
Cross-examined. Q. There are other peremptory orders, I suppose, that the men should come in time, and be industrious, and so on, which are sometimes not obeyed? A. Sometimes, and then punishment attends it, perhaps discharge.
CHARLES BIRCH . I am clerk to the prosecutors, and have the superintendence of the goods. I believe this property to be my master's, and do not believe it to have been sold—here is an odd lot, which I took a note of at the stock-taking, and that we should not sell—this other packet has Pudney's mark on it—it would not be sold with his mark on it—the value of all the property found is about 15l.
Cross-examined. Q. You do not mean to say that any property has been missed? A. We did not miss it till this was found.
(——Rayner, cabinet-maker, Golden Lion-court, Aldersgate-street; and Mrs. Sutton, 56, Pear Tree-court; gave the prisoner a good character.)
GUILTY . Aged 24.— Transported for Seven Years.
NEW COURT.—Tuesday, Nov. 26th, 1839.
Fifth Jury, before Mr. Common Sergeant.
10. EDWARD PACKSTON HOOD was indicted for stealing, on the 29th of October, 1 atlas, value 2l.; also, On the 19th of April, 187 printed books, value 15l.; the goods of Henry Ince and another, his masters: also, on the 19th of February, 1 printed book, value 1l., the goods of James Sherman; to all of which he pleaded
GUILTY . Aged 20.— Confined One Year.
11. WILLIAM BROWN was indicted for stealing, on the 6th of November, 1 box, value 6d.; and 1lb. weight of cigars, value 12s.; the goods of Abraham Levoi and another; and that he had been previously convicted of felony: to which he pleaded
GUILTY . Aged 20.— Transported for Seven Years.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 18.— Transported for Ten Years.
GUILTY . Aged 36.— Confined Three Months.
GUILTY . Aged 9.— Confined Three Months, and Whipped.
16. HENRY BANKS was indicted for stealing, on the 24th of October, 2 saws, value 4s.; 1 plane, value 3s.; 1 hammer, value 1s.; 2 files, value 6d.; and 1 screw-driver, value 18d.; the goods of Thomas Shelley: and 3 planes, value 4s., the goods of George Jenkins; to which he pleaded
GUILTY . Aged 16. Confined Three Months.
GUILTY . Aged 19.— Confined Four Months—One Week in each Month Solitary.
GUILTY . Aged 17.— Confined One Month.
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 22.— Confined Six Months.
RALPH CHARLES PRICE . I am a relation of Mr. Charles Price, who lives in William-street, Blackfriars. At half-past three o'clock in the afternoon of the 13th of November I was standing in the warehouse, and saw a man
whom I did not know, coming up the yard—I asked where he had been—he said, "To the stable with food for the horses"—I asked where his cart was—he said, "In the next yard"—I saw his pocket was bulky, and asked what he had got—he ran off—I chased him up and down the street—my warehouseman came out—as he was running he dropped these reins from his pocket—I picked them up, and the warehouseman caught him, took him into the yard, and sent for an officer.
Prisoner's Defence, I was drunk when I took them—I do not know whether I took them or not.
GUILTY .* Aged 23.— Transported for Seven Years.
22. RICHARD TYRRELL was indicted for stealing, on the 30th of September, 1 watch, value 10s.; 1 watch-chain, value 6d. 1 watchkey, value 2d.; 1 seal, value 2d.; 1 pair of shoes, value 12s.; and 1 pair of trowsers, value 8s.; the goods of James Johnson.
JAMES JOHNSON . I am a brickmaker, and live at Botfield, in the parish of Hayes. I left my work on the 30th of September at two o'clock—I locked up my house, and left nobody in it—I left the articles stated in it—I came back about eleven o'clock at night, and found my box broken open, and the watch gone—the door of the house was locked—I made inquiries, and heard something about a man called Black Dick—this is the watch, and these are the shoes, (locking at them,) but the trowsers I cannot find.
EDWARD CHAPMAN . I am a pot-boy. On the 30th of September, about half-past three o'clock, I was at work at a beer-shop, the prisoner said he was going home, and going to bed—he was gone half an hour—he came back, called me out of the house, and polled out a watch, and told me to keep it dark as he was going on the road—meaning, I suppose, he was going right away—I did not have the watch—I went, and told another man of it—the watch was something like this.
WILLIAM HOPPING . Chapman gave me some information about the prisoner, and I followed him, and asked him what he had got—he said, "Nothing," but after that he pulled the watch out of his pocket—I said I wanted the rest—he said he had nothing else—I gave the watch to Johnson.
GUILTY . Aged 18.— Confined Nine Months.
WILLIAM GREENFIELD . I live in Cursitor-street, Chancery-lane. I was in Chancery-lane at eight o'clock on the 13th of November—I felt something at. my pocket, which induced me to turn round—I saw Smith passing a handkerchief to Ashton, who immediately crossed the road—I laid hold of Smith—Ashton again crossed, and I laid hold of him—in the
scuffle Smith got away, and the handkerchief was thrown into the gutter—this is the same handkerchief—it is mine.
Cross-examined by MR. PAYNE. Q. Did you pick it up? A. No—a gentleman who is not here did—I am a law-stationer—Ashton came up, and collared Smith.
JAMES TURNER . I live in Horse-shoe-court. I was passing just at the time—I saw the prosecutor lay hold of Smith, and then I saw Ashton cross the road to the prosecutor, and Smith escaped—Ashton dropped the handkerchief down in the road—I am sure of that.
Cross-examined. Q. What are you? A. A porter—I was about three yards off—it was when the prosecutor seized Ashton that Smith got away—I saw the handkerchief picked up by a gentleman, who is not here—I pursued Smith, and told the policeman of it.
Smith. I throw myself on the mercy of the Court.
(Sarah Castellon, wife of a porter, in the Old Bailey, and Michael Carney, father-in-law of Ashton, gave him a good character.)
ASHTON †— GUILTY . Aged 21 SMITH †— GUILTY . Aged 19.
Transported for 10 Years.
24. GEORGE WILLIAM SMITH was indicted for stealing, on the 23rd of October, 1 coat, value 2l.; 1 pair of trowsers, value 8s.; 1 shirt, value 2s.; 1 pair of gloves, value 1s.; 1 pair of stockings, value 6d.; and 1 apron, value 6d.; the goods of William Tomlin.
LOUISA TOMLIN . I am the wife of William Tomlin, who lives in Woodland-street, Dalston. The prisoner came to me on the 23rd of October, and told me my husband had fallen overboard with a basket of bottles, and that he was waiting for a change of clothes, which he had come for—I gave him a great-coat, a pair of trowsers, a pair of stockings, a shirt, and an apron—he said my husband had laughed at him for falling over, and now he had got the laugh at him—I gave him the things, believing this story.
Prisoner. Q. What time was I there? A. About a quarter to five o'clock—I have not the least doubt that you are the man—you tied up the clothes.
WILLIAM TOMLIN . I am in the service of a bottle-merchant. The prisoner came to me on the 23rd of October, about a quarter to four o'clock, and wanted William Smith, an engineer—I was at the stable—it is about two miles from where my wife lives—I said I did not know William Smith, an engineer; I knew several Smiths, but they were gardeners—he said be wanted to put this Smith in work, and he used the sign of the Feathers, Dock-head—I did not know the prisoner before—I told him where I lived—he said Smith lived two doors from me, and said, "Don't you live at Homerton?"—I said I did, but I had removed from there—I had not fallen overboard that day—I saw him again on the 29th, coming from Lime-street to Fenchurch-street—when he saw me he ran away—I ran after him, and took him on St. Dunstan's-hill—we have not found any of the clothes.
Prisoner's Defence. I never took the clothes.
GUILTY . Aged 23.— Confined Nine Months .
25. WILLIAM TURNER was indicted for stealing, on the 2nd of November, 1 coat, value 5s., the goods of Thomas Norris; and 4lbs. weight of candles, value Is., the goods of Robert Dyet, in a vessel in a port of entry and discharge.
THOMAS NORRIS . I am chief officer of the ship Angerona, which was lying, on the 2nd of November, in the West India Export Dock, in the Thames. On the Thursday before that the prisoner came to me, and asked me if the medicine-chest wanted refitting—I said no, the ship was to be sold, and the medicine-chest was to go with the ship.
JOHN KELLY . I am apprentice on board the Angerona. About two o'clock on Saturday, the 2nd of November, I went into the cabin, and found the prisoner there—the lockers were all open, and some straw and some oakum pulled out on the floor—when I left the ship Norris's coat was on a chair, and when I came back it was on the table, folded up, full of candle grease—some of these candles were in the prisoner's hat, and some in his coatpocket—he was tipsy—I asked what he wanted—he said, the medicinechest—I asked who told him to get it—he said the chief mate told him to get the chest packed up, and all the old clothes in the cabin—as he was going away he fell down, and some of the candles fell from him—I followed, and gave him in charge—they belong to the captain, Robert Dyet—we have missed a quantity like these.
Prisoner. Q. Did you not state that I was going down the ladder when yon met me? A. No.
Prisoner's Defence. I did not know what I did till I was taken—it would have been impossible to escape detection by the gate-keeper.
(The prisoner received a good character.)
GUILTY . Aged 21. —Recommended to mercy.— Confined Two Months.
26. JOHN VALENTINE and SARAH JACKSON were indicted for stealing, on the 28th of September, 2 sheets value 5s.; 1 quilt, value 3s.; 1 pillow, value 1s. 6d.; 1 candlestick, value 1s.; 1 looking-glass and frame, value 8d.; and 8 pictures, framed and glased, value 8s.; the goods of Edmund Sacheverall.
ELIZABETH SACHEVERALL . My husband's name is Edmund, he is a brush-maker, and lives in Earl-street, Lisson-grove. On the 23rd of September Jackson took a room of mine, at No. 14, Little Church-street—I went to the room the next morning, and she promised to give me the earnest—I saw Valentine there—I called him Mr. Jackson—he lived with her as her husband—I went to the room afterwards, and saw Valentine there alone—I asked if Mrs. Jackson was at home—he said, "No"—I went two or three days after, and there was no one there at all—I examined these rooms, and missed the articles stated—I did not see the prisoner again till they were at Marylebone office—this is my glass.
Cross-examined by MR. BALLANTINE. Q. This woman came alone first? A. Yes—I do not know that they are not man and wife—Jackson has not told me so—she left the day before the week was due.
HENRY DENNINGTON , (police-constable E 128.) I took Jackson—she gave me ten duplicates, one of which corresponds with the sheet produced by Horne—I was called to take her on another charge—I took John Valentine, who was sitting at table in Cambridge-court, at the place where I
took Jackson—I went afterwards, and found seven more duplicates in a drawer—I had searched that room before, and there were no duplicates there then, but there was another woman there with Valentine—after I took Jackson to the station-house, Valentine came, and wanted to see Sarah Jackson, his wife—Mitchell gave him in charge—I took him—he was discharged, to appear the next day on this charge.
Cross-examined. Q. How came you to call the prisoner Valentine? A. He told me his name was John Valentine—I inquired, and found it to be true, and her name is Sarah Fenn—they are not married—these tickets are in the name of Sarah Fenn.
THOMAS MITCHELL . I live in Cambridge-court Jackson took a room of me—I saw this looking-glass and this petticoat, and some pictures, but I cannot tell how many were brought there by her—she said they belonged to her sister.
Jackson's Defence. I never took the lodging—the sheet was pledged by a lodger—the tickets that were found when I was gone were in the drawer when the policeman searched it—they were given me by a young woman.
VALENTINE— NOT GUILTY .
JACKSON— GUILTY . Aged 24.— Confined Nine Months.
(The prosecutor did not appear.)
NOT GUILTY .
JOHN BOURDELAIN . I am a merchant. On the afternoon of the 7th of November I was in Lombard-street, at the corner of Gracechurch-street—I had a handkerchief in my pocket—I saw it safe in the shop of Mr. Webster, who lent it me not more than seven or eight minutes before I Went to Lombard-street—while I was there I saw the policeman had two boys in custody, and a handkerchief, which I thought was like the one lent to me—I put my hand into my pocket, and the handkerchief was gone—I had borrowed it, because I had my pocket picked before of my own—I cannot swear to this, but it is very much like the one I borrowed.
WILLIAM BRITTON (City police-constable, No. 90.) I was on duty at the corner of Lombard-street. I saw the two prisoners and another boy, who got away behind the prosecutor—all their hands were down together—Bowls took the prosecutor's handkerchief—I caught two of them round the waist, and the handkerchief dropped down—I did not see Shears do any thing—Bowls was in the middle, and a little behind the other two—I had not seen the prisoners speak to each other—Shears said Bowles did not belong to him, he knew nothing about him—they both tried to get away—I got them against a post, and picked the handkerchief up.
Bowls's Defence. Another boy took it, and threw it in my face.
BOWLS— GUILTY . Aged 15.— Confined Two Months—Two Weeks Solitary.
SHEARS*— GUILTY . Aged 15.— Transported for Ten Years, to the Convict ship.
OLD COURT.—Wednesday, November 27th, 1839.
Third Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 45.— Transported for Seven Years.
GUILTY . Aged 15.— Transported for Seven Years.
GUILTY . Aged 18.— Transported for Seven Years.
32. CATHERINE PURCELL was indicted for stealing, on the 21st of September, at St. James's, Clerkenwell, 1 pearl necklace, value 30l.; 2 diamond rings, value 10l.; 2 gold chains, value 10l.; 1 gold bracelet, value 5l.; 1 cornelian necklace, set in gold, value 3l.; 2 brooches, value 1l. 10s.; pair of ear-rings, value 1l.; 1 watch, value 2l. 10s.; 1 rosewood dressing-case, value 5l.; 8 pairs of stockings, value 1l.; 2 collars, value 5s.; 2 scarfs, value 5s.; and 5 yards of ribbon, value 2s., the goods of George John Parry, her master, in his dwelling-house.
MR. CLARKSON conducted the Prosecution.
MARY PARRY . I am the wife of George John Parry, and live in Warren-street, Pentonville, in the parish of St. James, Clerkenwell. I am the daughter of the late General Brooks—the prisoner came into our service on the 7th of January—I had a sister, whose husband was abroad in February—she died on the 30th of March—I attended her up to the time of her death—she had a rosewood dressing-case containing a variety of jewellery—after her death I collected the articles belonging to her, and put them into her dressing-case—there was a pearl necklace worth about 20l., two dia-mond rings and other articles, worth altogether between 50 and 100l—Mr. Clark, the brother of my sister's husband, had sealed the dressing-case in my presence, put it into a leather case, tied a piece of red tapeover it, and I brought it to my own house, and placed it in my bed-room—I had no idea of its having been opened up to the 22nd of September, the prisoner continued in our service, and on the 22nd of September she asked leave to go out—I said, "You may go out, but don't be gone six hours"—she said she should not be gone more than five minutes—she went, taking the key of the streetdoor with her, and never returned—I did not suspect any thing till about a fortnight after—I then lifted up the case, and found the rosewood box and its contents gone—my children were aware of the contents of the dressing-case—they very often talked to the prisoner about it, and I heard her say, if she had one of the diamond rings she could make her fortune, and she would go to Ireland—I did not hear any thing of her till October, when I found her in possession of clothes which she had not when with me—I have since seen a gold watch, ear-rings, and brooch, which were in the dressing-case—this is part of the property lost—(looking at it.)
Prisoner. Mrs. Parry's sister had three boxes in the house, and I have known Mrs. Parry have keys made to open them and take out the articles.
Witness. I had keys made to them to examine them at times, in case they should be moth-eaten—there were India shawls, and other things in them.
WILLIAM SHORT . I am head constable of the constabulary of Galway, in Ireland. From information I received on the 16th of October, I went to Dunmow in that county, and found the prisoner there at her father's house—I asked if she had been in England—she said, "Yes"—I asked if she had lived with Mr. Parry—she said, "Yes"—I said some property was taken from Mr. Parry, and I was come to search the place as she was suspected—she denied having any thing—I searched the house, and found the duplicate of the watch in her possession, pawned at Liverpool on the 25th of September—I found the ear-rings and brooch in a box which she said was hers—she said she bought the brooch and ear-rings for 10s., and that she bought the duplicate of a man who went to France—I also found some new clothes—I brought her to town—I went to Liverpool with the duplicate, and got the watch—Dunmow is better than 400 miles from London—she might have got there for about four guineas.
JAMES MILLER . I am an inspector of the N division of police. On the 31st of October the prisoner was brought to me by Short—I found in her pocket this paper, which purports to be a brief of "The Queen on the prosecution of J. S. Parry against Catherine Purcell, case on behalf of the prisoner, &c. "—she told me she had got it from an attorney at Tuam gaol.
WILLIAM SHORT re-examined, Tuam would be in the prisoner's way from London to Galway—I knew the prisoner before she was married, but not since—she is a widow—her father and mother are industrious people.
(MR. CLARKSON stated that the brief contained all manner of imputations against the prosecutor.)
GEORGE JOHN PARRY . I am the husband of the first witness. The prisoner was in our service from February to September—there is no truth whatever in the imputations contained in this brief—I never took any improper liberties with the prisoner, nor did I give her the property.
GUILTY . Aged 20.— Transported for Fifteen Years.
Before Mr. Baron Parke.
33. CHARLES PARKER and CHARLES COLLINS were indicted for feloniously breaking and entering the dwelling-house of John Eastley Hearder, at St. Sepulchre, on the 25th of October, and stealing therein 2 pairs of boots, value 12s., his goods.
WILLIAM THOMAS BRYAN . I am in the service of John Eastley Hearder, a shoemaker in Skinner-street, Snow-hill—it is his dwelling-house—on the 25th of October, between six and seven o'clock, I was in the shop—I heard a window break, ran out, cried stop thief, and saw the officer stop the two prisoners, who were running—three blucher boots were found on Collins, and one on the other—Collins's hand was cut—I had seen them both in company about half an hour before—I looked at the window after the robbery, and found a hole large enough to get the boots through—it had been broken on the Tuesday night previous and shoes stolen, but it had been mended—these boots had been standing on a shelf close to the glass.
WILLIAM ARMSTRONG . I am a policeman. I heard a cry of "Stop thief," and saw the two prisoners running from the prosecutor's shop—I stopped them, and found three boots on Collins, whose hand was cut, and one on Parker.
(The prisoners pleaded distress).
PARKER— GUILTY . Aged 19. Recommended to Mercy.— Confined Twelve Months. COLLINS— GUILTY . Aged 20.
Before Mr. Justice Bosanquet.
34. WILLIAM CARROLL was indicted for unlawfully, maliciously, and feloniously assaulting John Carroll, on the 29th of October, and cutting and wounding him upon his head and forehead, with intent to maim and disable him—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
MR. PRENDERGAST conducted the Prosecution,
ELIZA CAROLINE HAWTHORN . I am the wife of Michael Hawthorn, and live in Fleur-de-Lis-street, Spitalfields—the prisoner lived in the ground floor of our house—On Tuesday evening, the 29th of October, I was in my room on the first floor—I heard a noise in his room, opened my door, and stood on the stairs, imagining he was quarrelling with the woman he lives with—I heard him say to his child, "Turn out"—I went down stairs, and saw the child run out—as I came down stairs I met the prisoner in the passage and caught him by the arm as he was striking the child, and entreated him not to strike the child, who was then gone out of the house—the prisoner was following him—he made me no answer, but followed the child, and struck him in the street—it was a dark night, and I could not tell what he struck him with—he then caught him by the shoulder, dragged him several paces along the street, brought him back again to the door, caught him by the shoulder, and threw him into the gutter facing the door—he held him by one hand and threw him down—I think the child's other shoulder came against the ground—he kept his head up—I do not think it touched the ground—I ran over, pushed him from the child, and took the child from him—I screamed loudly, which attracted the attention of persons who came round—I took the child into my own room, and found the blood streaming from his head—the child was always very dirty and very much neglected—a person took him from me and washed him—there was dirt and blood together on his head—I gave him a piece of bread and butter, and he ate it very eagerly—the prisoner told me some time before that the child was six years old—he was rather small for his age—his mother has been dead three years—it was the first time I had seen him ill-use the child—he has lived there nine weeks.
MICHAEL HAWTHORN . I was at home with my wife on the Tuesday night, and heard a noise—I went down stairs on hearing my wife scream and met the prisoner at the door—I asked why he beat his child—he made, no answer—I said he had better give him something to eat than use him in that way—the child was brought up to my room—I saw the blood running from its head—a neighbour took it from my wife and washed it—the prisoner came into the room—his woman spoke to him about it, and he made no answer—a policeman afterwards came up and spoke to him about it—he said he was sorry for it—the child was taken from the prisoner by direction of the magistrate.
GEORGE GREEN . I am a policeman. In consequence of information I went to the house and saw the child bleeding from the head freely—I saw two or three cuts in the head—I took the prisoner, and asked how he came to do it—he made no reply, but afterwards said he was very sorry for what he had done—he gave me no reason for it—he was sober—I took the child to a surgeon, and afterwards to the workhouse.
THOMAS MEARS . I am a surgeon—I saw the child at the workhouse—it was in a very deplorable state as regarded its general appearance—it appeared to have been half starved, and was labouring under scald head—there
were two cuts, one on the top of the head and the other on the forehead, and several slight bruises about the face—the cut on the top of the head was contused, as if caused by falling on some hard substance—the skin was divided—one was a decided cut and the other nearly so—the child was taken to the workhouse and put under the care of the parish surgeon—it is here to-day—I saw it a few days after the occurrence, and the change in its appearance was very remarkable indeed, it having been well fed.
Prisoner. I throw myself on the mercy of the Court—it is the first time I ever did it.
GUILTY of an Assault only. Aged 29.— Confined Fourteen Days.
Before Mr. Justice Bosanquet
JOHN NICOLSON . I am engineer on board the Princess Victoria steam-vessel, which runs between London and Antwerp. The prisoner was em-ployed on board for the last eighteen months—he was paid by bringing a bill, having it signed by the engineer, taking it to the office, and receiv-ing the money.
GEORGE THOMAS . I live in Surrey-place, Old Kent-road, and am clerk to Messrs. William Lightley and Co., ship-brokers and agents to the Antwerp steam-company. The Princess Victoria belonged to them—I have been in the habit of paying the prisoner on his producing vouchers for that purpose—I have paid him in that way ever since he was employed—on the 12th of October I paid him 4l. 10s.—he produced a certificate which I believed to be signed by the engineer—this is it—(looking at it)—it purports to be signed, "John Nicolson"—I paid him on the faith of that certificate, and on the 19th of October I paid him 4l. 16s. on a similar certificate—they were both presented to me at the office.
JOHN NICOLSON re-examined. This certificate for 4l. 10s. is in the form of those I sign, but it is not my signature—it is not at all like my writing—the certificates were generally brought to me filled up by the prisoner, and signed by me—I do not know whether the body of this is in his handwriting—this other one is signed by me, but since then it has been altered—the words "Repairing four bridges," has been added, and "41. 10s." also—when I signed it it was for 6s.
Cross-examined by MR. PRENDERGAST. Q. Do you know whether the prisoner can write at all or not? A. No, I do not—I never saw him make his mark, nor sign his name—I did not take any account of the sums I issued certificates for, but I never signed for more than 6s.
COURT. Q. Do you know whether he has done the work stated in this certificate, "Swept the flues, cleaned the bilges, and repaired four bridges?" A. I am certain he did not, except that he swept the flues—the "Repairing four bridges" has been added.
MR. PRENDERGAST called
RICHARD ROGERS . I am the prisoner's father. He never had an hour's schooling—I never know that he could read or write—I brought him up till he was eight years old, but I knew nothing of him for three or four years together—I never saw him write.
COURT Q. How was he employed? A. I hardly know which way
he got his living since he was eight years old—I do not know what he may have learnt since then.
(The prisoner received a good character.)
GUILTY of Uttering. Aged 25.—Recommended to mercy. Confined Two Years.
Before Mr. Justice Bosanquet
36. ANTONIO FARIEVENEY was indicted for stealing, on the 26th of October, at St. George, Hanover-square, 2 breast-pins, value 250l.; 2 coats, value 10l.; 11 shirts, value 8l.; 6 pairs of drawers, value 4l.; 3 pairs of trowsers, value 3l.; 15 handkerchiefs, value 4l.; 2 waistcoats, value 30s.; 1 buckle, value 1l.; 1 purse, value 1s.; 2 pieces of foreign gold coin, called double moidores, value 1l.; 5 single moidores, value 10l.; 10 sovereigns, and 1 £20 Bank-note; the property of Nicolas Santoz Suarez, his master, in the dwelling-house of Charlotte Chaplin; to which he pleaded
GUILTY . Aged 25.— Transported for Ten Years.
Before Mr. Baron Parke.
MR. CARRINOTON conducted the Prosecution.
WILLIAM GODDARD . I live at Brimpton, Berks. I had a mare in my possession on Monday the 14th of October—at six o'clock in the evening, I turned her into a meadow—I missed her next morning at four o'clock, and found the gate of the field ajar—I had shut it the night before, and put a stick through the staple—I found her in possession of Wiggins the police-inspector, on the Saturday following.
Cross-examined by MR. PHILLIPS. Q. Are you quite sure the mare you saw was yours? A. Yes.
LUKE MIDDLETON . I live at Brimpton. I have known the prisoner from a lad, and know his lather very well—his name is Robert Streatley—on Monday, the 14th of October, I saw the prisoner about a hundred yards from Goddard's meadow, about seven o'clock in the evening—I do not know whether he lived at Brimpton at that time.
WILLIAM HEDGES . I live in Burn-street, Mary-le-bone. On Tuesday morning, the 15th of October, the prisoner came to me, about ten o'clock, and asked if I had got a low-priced horse that I could exchange with him for one he had got—I said, "I have several, where is yours?"—he said, "Up in Portland-market, at Stevens's potato warehouse"—I sent him to fetch it, and he brought down a brown mare—I asked what he wanted for her—he said, 16l., that his father told him to ask that, but he had broken its knees since he left home, and therefore he considered it worth not so much—I asked what he considered a fair price—he said, 7l.—I said, "You don't mean so much as that; I think you must mean about 4l. "—he then came down to 6l.—I rose to 5l., and agreed for 5l. 10s.—in consequence of suspicion I locked the mare up, and went to Hempson, a neighbour, and made a communication to him—I took the prisoner with me—shortly afterwards I was obliged to go to Guildhall, and left them—the mare was afterwards in the hands of the police.
Cross-examined. Q. Did you see the police take it away? A. No, but I knew the mare again—I have five or six horses, but I do not think there
was above one or two in the stable—I am positive the one the prisoner sold me was in the hands of the police.
MR. CARRINGTON. Q. Did you see it in possession of the policeman? A. Yes—and it was the same mare.
JOHN NATHANIEL HEMPSON . I am a butcher, and live in Chapel-street, Edgeware. Mr. Hedges came to me with the prisoner on Tuesday morning, the 15th—he said he had bought a mare of the prisoner for 5l. 10s., and requested me to pay him the 5l. 10s. on his account, and on crossing the shop to my desk he intimated his suspicions—he went away, leaving the prisoner with me—I made an excuse to him that I had not sufficient cash in the house, and must go to Cavendish-square to the bankers to get it—instead of which I got the inspector, who came, and took him.
WILLIAM WIGGINS . I am a police-inspector. Hempson came to me—I took the prisoner into custody—after getting a few yards from the stable he said he wished to go up and see a friend, Mr. Stevens, a salesman, in Portman-market—I said he must go with me—but a few yards further he ran away—he was stopped by another officer—I took possession of the mare—the stable was broken open in my presence—Goddard claimed the mare.
GUILTY . Aged 23.— Transported for Ten Years.
Before Mr. Justice Bosanquet.
38. THOMAS GREEN, FRANCIS TAYLOR , and GEORGE KEMPSTON were indicted for a robbery upon William Townsend, the younger, on the 9th of November, putting him in fear, and taking from his person, and against his will, 1 basket, value 1s.; 2lbs. weight of mutton, value 1s.; 2lbs. weight of beef, value 1s.; 4lbs. weight of flour, value 9d.; 1 oz. weight of tea. value 3d.; 2 oz. weight of coffee, value 4d.; 1 1/2 lbs. weight of sugar, value 1s.; 1/4 lb. weight of plums, value 1/4 d.; weight of currants, value 2d.; and 7lbs. weight of potatoes, value 3d.; the goods of William Townsend.
WILLIAM TOWNSEND, JUN . I am eleven years old, and live with my mother in Dudley-street. On the 9th of November I went into the Running Horse public-house, Harrow-road, to ask one of the lodgers if he could send my mother Is., as he owed her some money—I saw all the three prisoners sitting down there—I stopped there two or three minutes, and the lodger asked me what I had in my basket—I said, "A breast of mutton and a few things"—I had brought a basket from home, and had in it the articles stated, which I had been out to get for my mother—I then came out, and the three prisoners followed me—they said they would take me to the station-house—they would not tell me what for—I said, I will step up to the station-house to see what I am to go for, I have done nothing, to my knowledge"—directly I got to the corner of the station-house Green and Taylor caught hold of me, and Kempston snatched my basket away—they ran up Park-place as quickly as they could run—two ran together and the other one walked on, and then ran too—I called "Police" as quick as I could—I met two policemen, who went up to the bridge, and saw Green and Taylor—I gave them in charge, and they were taken to the station-house—Kempston was found next morning—I saw him in the station-house, and they asked me if I knew him—I said he was the one who snatched my basket away—I am sure he is the man.
Green. Q. You said at the station-house you could not swear to me?
A. No—I said you were the one—the policeman did not tell me to swear to you.
JAMES PETERS . I am thirteen years old, and work for my father, at Paddington. On the 9th of November, at a quarter to twelve o'clock, I was coming across Paddington-green, and saw Townsend crossing the road, and the three prisoners along with him—I am-sure they are the men—two of them collared him, one on each side, and said they would take him to the station-house—he said he would go—they kept on till they came to the corner of Hermitage-street—they stopped there, and Kempston laid hold of the basket, and tore it from his arm, and they ran up Park-place—I ran to the station-house and called the police, but could not make any body hear—I then ran up Park-place—I could not see the prisoners, and as 1 came back I saw a policeman—I told him—he ran up Park-place, until we met another policeman, who said nobody had passed there—we then went to the stop-bridge, and there saw Green and Taylor coming up—they were secured, and taken to the station-house—Townsend was with us, and pointed them out before they were taken.
THOMAS JOHNSTON . I keep the Running Horse public-house. The three prisoners were in company together in my house on the 9th of November—Townsend came in with a basket, and when he went out the prisoners followed him.
HENRY DAVIS . I am a policeman. I was on duty in Harrow-road—I saw Townsend calling out—he gave me information, and I went up Park-street—I met another constable, went to the bridge, and in a few minutes Green and Taylor came up to the stop-bridge—the boy pointed them out—I took them, and told them I should take them to the station-house—they said, "We will go with you, we have done nothing "—the boy said, in their presence, they had robbed him of his basket—they said they knew nothing about it—I took them to the station-house, and there Green said he bad bold of a boy, but he was a bigger boy than Townsend.
RICHARD ROADNIGHT . I am a policeman. On Sunday morning, the 10th, in consequence of information, I looked for Kempston—I found him, between seven and eight o'clock, lying down under the stop-bridge, with two more boatmen—I knew him before perfectly well—I said, "I want you, George"—he said, "What for?"—I said I supposed he knew—he said he did not—I said, "For robbing a boy of his basket last night"—he said he never saw the boy or his basket either—in going to the station-house, I asked what time he left big-nosed Frank and Green, meaning the other two prisoners—he said lie did not know—I asked him where he left them—he said, "Against the Running Horse public-house"—I sent for Townsend—he said be knew nothing of him—I then sent for Peters, and he said that was the same man who ran away with the basket, while the other two held him.
Greens Defence, When I came out of the Running Horse public-house I saw a boy—I put my hand on his shoulder, and said, "Good night," but it was a bigger boy than that—I then went on by the Red Lion public-house—I did not go near the spot where he was.
Taylor's Defence. I walked to the stop-bridge—I said there three or four minutes by the policeman and the two boys, and they said nothing to me, till the other man came—they then said, "This is one"—he held a light up to me, and said, "I think this is one "—he said I must go to he station-house—I said I would go any where with them.
Kempston's Defence, When I came out I left them, went to the Red Lion
Public-house, and had a pint of beer, and then went to the stop to look for a job.
GREEN— GUILTY . Aged 19
TAYLOR— GUILTY . Aged 24.
KEMPSTON— GUILTY . Aged 20.
of stealing from the Person. Confined Nine Months.
Before Mr. Justice Bosanquet.
39. JAMES LEVY was indicted for unlawfully, maliciously, and feloniously assaulting William Holmes, on the 12th of November, and stabbing and cutting him upon the right side of his head and right temple, with intent to maim and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
WILLIAM HOLMES . I am a musician, and live in Little Wild-street, Lincoln's Inn-fields. On the evening of the 12th of November, a few minutes after six o'clock, I was sitting in my kitchen, by the fire-place, with the prisoner's wife, who was living with me—she had separated from her husband, and had lived with me nearly eleven months—I heard a knock at the kitchen door—I said, "Walk in," and the prisoner immediately rushed into the kitchen—Mrs. Levy caught him round the body, to prevent his coming in—I attempted to get up from my chair and approach him, and, directly I did so, he struck out his arm, and struck me in the temple with a clasp-knife, which appeared to be ready-drawn for the purpose—I had no opportunity of separating him from his wife, for the blow was inflicted the moment I got up—I had not touched him—he struck me over his wife's shoulder—he did it wilfully—it cut me an inch in length, and it bled for about three hours—I was attended by a surgeon—it was rather a deep wound, nearly to the bone—I was ill at the time—I had not been out of bed four hours from an attack of rheumatic fever—I was confined to my house in consequence of the wound—the surgeon attended me a week, both for the fever and the wound—at the time the prisoner struck me he said, "There, you——, take that; and come up stairs, and will give it you again"—he went quietly up stairs, to the iron railing in front of the house—he did not offer to strike me again—there was a light in the kitchen—the prisoner's wife went and fetched a policeman, and I gave him in charge—he had assaulted me before, and was committed from Bow-street on the 20th of August, and cautioned not to molest me again—I suppose it was on account of my living with his wife—she came to live with me voluntarily.
Prisoner. I had not the knife open—I had it in my pocket. Witness. He had no opportunity of opening the knife, he must have had it open when he came in—he was not intoxicated.
JOB BARBER (police-constable F 33.) I took the prisoner into custody—he was standing against the iron railing, outside the prosecutor's house—I saw the prosecutor in the kitchen—he was bleeding from a wound in the forehead—I could not perceive whether it was a deep wound or not from the blood and hair over it—I asked the prisoner no questions—he gave me a knife, and said that was the knife he did it with—it was not bloody—it was a clasp-knife, and was closed—in going along, he said he did it concerning the prosecutor's seducing his wife from him.
Prisoner's Defence. Mr. Holmes enticed my wife away by giving her money—I have been a tenant of his three years and a half—he sent her away while he got me out of the house—he said he would forgive me my rent, and take my things away, if I would go—as soon as he got me away he had my wife and three children back, and they have been living with him ever since—I went by on this day, and heard him playing his fiddle—
I went down to see if I could get my wife, and, directly 1 went in, he said, "Give me the poker, I will soon drive him up stairs"—my wife said, "Go along up stairs, for God's sake"—they both got hold of me, and pulled me by my collar both ways—I had the knife in my pocket, and I struck him with it.
WILLIAM HOLMES re-examined. I did not threaten to knock him out with the poker, or any thing of the kind—I was playing my violin when he came in—I did not lay my hands on him, or attempt to turn him out—I had no opportunity of doing so.
NOT GUILTY .
Fourth Jury, before Mr. Recorder,
EMMA BAKER . I live with my brother-in-law, Thomas Thorpe, at the Weavers' Arms public-house, Back Church-lane, Whitechapel. The prisoner was his barman for about nine days—on Saturday, the 26th of October, I was in the bar serving—the prisoner was also serving—I noticed something concealed in his hand, and watched him—I set him to serve a pot or two of beer, and after that he was leaving the bar—I collared him, and said, "You have something in your hand"—he said, I have not"—I forced open his hand, and there was the shilling—I took it from him, and said, "You good-for-nothing young man, and put him into the ware-house—I called my brother, marked the shilling, and gave it to him.
Cross-examined by MR. BALLANTINE. Q. Was he tipsy at the time? A. I cannot say he was sober—he made no resistance when I secured him.
THOMAS THORPE . My sister called me down to the bar, and told me what had happened—I called the prisoner a good-for-nothing vagabond, end said, "What have you been doing?"—he said, "I am in your hands, master, forgive me, forgive me"—I said, "What have you been doing?"—he said, "I have taken a shilling out of the till"—he was not quite sober, nor has he been properly so since he has been with me, but where he got the drink I could not find out—it was not at home, and I know he had no money when be came to me.
Cross-examined. Q. Are you quite sure he said he bad taken it out of the till? A. Yes—I have four tills.
GUILTY . Aged 36.—Recommended to mercy,— Confined Seven Days.
DENNIS DELAY . I am a labourer, and live in Onslow-street, Saffronhill. I lost a spade which I left in a building at No. 9, Grosvenor-square, about half-past four o'clock on the 25th of October—I saw it in the officer' possession in about a quarter of an hour—I bought it in April last, and know it well.
EDWIN BAXTER . I am a constable of the Mendicity Society. On the afternoon of the 25th of October I was in Duke-street, Grosvenor-square, and saw the prisoner go to No. 9, Grosvenor-square, take the shovel off a cask, and come out—he ran up Duke-street—I followed him, overtook him, and asked him what he was going to do with it—he said to take
it home, and it was his own—I took it from him, and said, What initials are on it?"—he said, "S. D."—I said, "It is marked D. D."—he said; "Yes, my name is Daniel O'Donnell. "
Prisoner. I took it to be my own property—I cut the mark in it myself.
(Property produced and sworn to)
GUILTY . Aged 36.— Confined Six Months.
42. OWEN FLYNN was indicted for stealing, on the 22nd of November, 4 knives, value 8s.; 5 forks, value 4s.; 2 steels, value 3s.; 3 pairs of snuffers, value 9s.; 1 candlestick, value 6d.; 1 flat-iron, value 4d.; and 1 saucepan, value 8d.; the goods of Philip Spencer Harrison.
PHILIP SPENCER HARRISON . I am an ironmonger, and live in High Holborn. The prisoner was employed as a labourer in making an alteration at the back of my premises—I lost the articles stated while the house was under repair, which had been going on about two months—they were in the front shop—the prisoner was not at my premises on the 22nd of November, nor for nearly a fortnight before, but the things might have been taken some time before—I went to Mr. Wiltshire's on the evening of the 22nd in consequence of information, and waited there about an hour—the prisoner then came in, and I gave him in charge.
JONATHAN WILTSHIRE . I am a cutler, and live in Long-lane. The prisoner came to my shop on the evening of the 22nd of November—he produced four pairs of carving-knives, two spoons, and some snuffers—I saw the prosecutor's name on the knives, which caused my suspicion—I told the prisoner to call again—in the meantime I informed Mr. Harrison, and when the prisoner returned he was given in charge.
ANDREW TWIGGETT (City police-constable, No. 159.) I took the prisoner into custody—he said he had found the things in the rubbish—that the house dog frequently brought small parcels out of the shop, and buried them in the rubbish—I searched his lodgings, and found a saucepan, a candlestick, flat-iron, and an odd fork.
Mr. HARRISON re-examined. All these articles are my property—the saucepan has a mark on the cover in my own writing—I have a house-dog, but it never carried out parcels—the things were kept on shelves much above the dog's reach.
Prisoner's Defence. My shopmate could prove that the dog used to take goods, and hide in the rubbish, and that was where I found them.
GUILTY . Aged 23.—Recommended to mercy,— Confined Twelve Months.
NEW COURT—wednesday, November 21th 1839.
Sixth Jury, before Mr. Common Sergeant.
GUILTY .— Confined Three Months.
44. JAMES HOLGATE was indicted for stealing, on the 6th of November, 110 purse-rings, value 18s. 4d.; 110 purse-tassels, value 18s. 4d.; 12 purse-bars and rings, value 12s.; 4 slides, value 6s. 9d. and 55 boxes, value 4s. 7d.; the goods of Robert Plumpton; to which he pleaded
GUILTY . Aged 16.— Confined Six Months.
GUILTY . Aged 48.— Confined Three Months.
46. JOHN HILL was indicted for stealing, on the 2nd of September, chisel, value 6d., the goods of Thomas Gifford; and 1 chisel, value 6d., the goods of Robert Gilkes ; also, on the 23rd of October, 2 gallons of varnish, value 2l. 10s.; 10 brushes, value 10s.; 90 nails, value 2d.; and 1 staples, value 1d.; the goods of Joseph Wright; to which he pleaded
GUILTY . Aged 49.— Confine 6 months.
MR. CHAMBERS conducted the Prosecution.
SAMUEL KNIGHT FORTESCUE . I am in the service of Slater and Coates, woollen-warehousemen, Wood-street, Cheapside—the prisoner was their porter. On the 6th of November I went into the ware house, and saw him behind a pile of waistcoating—he was shuffling about, and moving a piece of goods, and putting it straight at the top—I saw him then throw something under the counter—directly he saw. me he said there were three packs we expected from Manchester that morning, and I had better go and fetch the book to copy the weights—I said, "No, they must bring it in themselves"—I staid in the warehouse, and after some time I saw him take the duster, and rub down the counter—he then took some paper, and what he had got under the counter, huddled it together, and walked to the top of the cellar stairs—I asked what he had got—he said, "Nothing"—I said, "Let me see"—he fell down on his knees, and said, "For God's sake don't any a word about it, and then he showed me two pieces of waistcoating which he had got—I told him I would not stand by, and see my master robbed—he said he would make amends for it at the end of the week—I said that would not do—he immediately put on his hat, and went outside the door with the waistcoating—soon after Mr. Coates came in—these are the two pieces of waistcoating he showed me.
Cross-examined by MR. PHILLIPS. Q. Did you see him take it? A. I saw him take it from under the counter, and he took it away before my face out of the warehouse—that was after he said he meant to pay for them at the end of the week—he ought to have left it behind him—I was examined twice at the Mansion-house—I was sworn twice—I remember being at the Mansion-house on the 14th—what I said was taken down in writing, and signed by myself—I had been examined a week before—on the first examination I was merely sworn, and gave the narrative of the transaction—I do not know if any thing was taken down—I told the whole story on the first occasion—Mr. Hobler was writing—I do not know whether he wrote down what I said—I saw him write as I was speaking—I might have told him to write about the prisoner's falling on his knees—I am not certain.
FRANCIS WATSON COATES . My partner's name is Francis Slater—we carry on business as warehousemen in Wood-street. On the 6th of November, at half-past eight o'clock, I went into the warehouse—Fortescue spoke to me, which induced me to go after the prisoner—I saw him opposite Silver-street, four or five hundred yards off—I asked him what he had under his arm, and took hold of a parcel, which I found to contain two
pieces of waistcoating—I asked him what he had got—he said, "Two pieces of waistcoating," which he meant to pay for on his return from breakfast—I took the waistcoating from him, and suffered him to go—I could not see a policeman—the prisoner never returned to the warehouse—the policeman afterwards went to his lodgings, and searched, and I stood at the door—I sent a large trunk to the station-house—I afterwards examined these two pieces of waistcoating—they were like what we had on our premises—they were not cut even, or by an experienced man—the prisoner had no authority to take them.
Cross-examined. Q. How long had he been in your service? A. Nearly two years—I had a character with him, but it was not very satisfactory—he has had several things of us for his own use before—he paid for them—these are the receipts for things he has bought—he may have had other articles, but they were regularly entered, and paid for, I believe he sent his wife to me after he had gone home—I did not see her—I got the key of a trunk brought by some one, purporting to come from him—a message came for some clothes for the prisoner to go and consult a solicitor—there was no message came, that I am aware of, that he was ready to appear before me at Guildhall.
MR. CHAMBERS. Q. Was it you who refused him the clothes? A. We told him they were at the station-house.
Cross-examined. Q. Did you get any message stating he was ready to go to Guildhall on the following morning? A. No—I saw his wife when I went to his house—she said he was not at home, but would be at the warehouse the next morning.
(The prisoner received a good character.)
GUILTY . Aged 31.— Confined Six Months.
WILLIAM MACKNESS . I live with my uncle, Thomas Mackness, a baker at Shadwell. On the 30th of October the prisoner came and purchased a penny loaf—a policeman afterwards brought her back—she set down a large basket, and pretended she had lost six-pence—I leaned over the counter looking for it, and saw three loaves of bread in the basket partly covered with her apron—they are my master's loaves.
Prisoner's Defence. It is the first time I did such a thing.
GUILTY . Aged 39.— Confined One Month.
EDWARD DEDRIDGE . I am barman to Thomas Weale, who keeps the Duke of Bedford public-house, Golden-lane. The prisoner came for a pint of porter on the 23rd of October—I served her—she went and stood against a barrel—she then came for another pint and sat down—I missed
the pint pot off the barrel, and I saw her concealing something under her apron—she went out—I followed her—she was running with her hand before her—I saw her go into her house—I got a policeman, and as we were going there, we met her at the door—I asked where the pot was—she said she had taken none, she had put it on the bar—we went in and she brought one pot from under the bed clothes, and the policeman found the others—this is the pot she had been served with—I know it by the number.
Cross-examined by MR. PAYNE. Q. She could not have taken all these that morning? A. Not all at a time—she has been in the habit of dealing with my master for twelve months—we do not serve other persons with beer who live in the same house, as there are no other lodgers.
Cross-examined. Q. Did you find any money? A. No—I found nothing for melting pots—I did not take a shilling, a sixpence, and four pence in halfpence off the table.
(The prisoner received a good character.)
GUILTY . Aged 56.—Recommended to mercy.— Confined Two Months.
50. WILLIAM LEATHER , and WILLIAM LEATHER the younger, were indicted for stealing, on the 22nd of October, 1 coat, value 10s.; 2 handkerchiefs, value 1s.; one sixpence; and three halfpence; the goods and monies of James Feathers.
JAMES FEATHERS . I am pot-boy at the King of Prussia public-house. William Leather, jun., came into the tap room on the 22nd of October—he then went into the skittle ground and sat down—soon after his father came in and sat opposite—they seemed to be strangers to one another—the youngest had some beer, but did not offer his father any—soon after, an old gentleman named Mason came and spoke to the father—not to the son—I left my coat on the railings and went to clean the windows—the elder prisoner said to the younger, "Go, and fetch my pipe "—he said, "Yes, and I will fetch mine too"—he then went out, and several minutes afterwards the father followed—Mason sat down in the tap-room an hour or so—I went out to get my coat and it was gone—it had in it two handkerchiefs, a sixpence, three half-pence, and my club-book—I went to the pawnbroker's, but could see nothing of it—I went to Mason's, and as I was returning I met the younger prisoner, and said "Where is that coat?"—he said, "What coat?"—I said "That which you and your father took"—he said Hold your tongue, I will give it you"—he took me up Wilks's-place and said, "You go to No. 7, and ask my father to give you the ticket of it"—I said, "No, I shan't"—he ran off down Gifford-street—I had seen him once before.
Cross-examined. Q. There was your master, and you, and another gentleman? A. Yes—I have never found my coat, nor any ticket—when I called the younger prisoner, he put his hand before my mouth not to halloo.
SAMUEL MILHOUSE (police-constable N 142.) Between seven and eight o'clock in the evening, I heard a cry of "Stop thief," and saw the younger prisoner running from the prosecutor—I followed, and overtook him—the prosecutor charged him with stealing his coat—he said he knew nothing of it—I took him to the station-house—he told me before that his father lived in Ivy-lane—he then said he lived at No. 6, Hoxton-town, and after
that he said at No. 6, Curtain-road—I went to Ivy-lane, and found no coat there.
Cross-examined. Q. Did you take the father? A. Yes. about eight o'clock, at his own house.
NOT GUILTY .
Cross-examined by MR. PHILLIPS. Q. What do you mean by not knowing it of your own knowledge? A. I cannot tell it from the sight—I have no mark on it—I have not compared it with any lead belonging to Mr. Ponsford—I cannot swear it is Mr. Ponsford's—he has about 400 men in his employ.
GEORGE FELT HAM . I am a police-inspector. At half-past six o'clock on Sunday evening I was going through Paddington—I met the prisoner carrying this bag on his back—I said, "What have you in this bag?"—he said, "Some corn for my horses"—I put my hand on the sack and felt something bard in it—I said, "You have something besides corn"—he said, "Devil a bit"—I said, "I believe you have some lead?"—he said, "If I have, it is more than I know of—I found this lead in it.
Cross-examined. Q. Did he not tell you that if there was lead in it some one must have put it in? A. Yes, he wanted me to go to his master.
NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
ANN FEATHER . I am sister to Joseph Feather, a tailor, in Bunhill-row. The prisoner worked for us about five weeks—she did not live in the house—I discharged her on the afternoon of the 30th of October—after she was gone Foster gave me information—I followed her, and saw the prisoner waiting in Chiswell-street—I asked her if she had any thing—she said, "No"—a little girl was with her, who had got the sleeves, and the prisoner had the other property about her—this is the cloth—it is called Lama cloth—it is worth 27s—our foreman came up and took her to the station-house.
MARY ANN FOSTER . I am single, and work for the prosecutor. The prisoner worked in the same factory—she told me she had been discharged in consequence of a piece of work between her and a little girl—she told me the coat was under the form—I saw her look under the form—she wanted me to be a party concerned in the robbery—I would not—I told another female, and then I told my mistress—I went out with her, and found the prisoner—we went to the bottom of Bunhill-row, and the prisoner said she had got nothing, but afterwards she said she had done it, and was very sorry—when she was at the station-house yard she took the remainder of the coat from her pocket.
ELIZA M'NEIL . I am fourteen years old. The prisoner met me and asked if I should like to go and learn to work—I went to the prosecutor's house—she gave me a pair of sleeves to carry away—she said it was a collar
and pair of sleeves, and the must sit up all night to work at it—this is what I carried—when I got to the corner of Bunhill-row my mistress came and took the bundle.
Prisoner's Defence. The coat was given me a fortnight before, which Foster knew—she was discharged, as well as me, and she told of this.
GUILTY . * Aged 31.— Transported for Seven Years.
ROBERT DANIEL NICHOLLS . I am a furniture-broker, and live in Brookhill, Clerkenwell. The prisoner was my errand-boy between two and three months—I allowed him to receive money on my account—he ought to account to me as soon as he received it—he did not account to me on the 26th of October for 25s. 6d.—his mother called on me four or five hours after he received it, and said he had lost part of the money.
THOMAS TREVILLIAN . I deal with Nicholls—I owed him 25s. 6d.—the prisoner brought the bill on the 26th—I paid him about six o'clock in the evening—the receipt was written to the bill—I paid him a sovereign and 5s. 6d.
Prisoner's Defence. I was coming home with the money, I lost a sovereign, and was afraid to go home.
GUILTY . Aged 15. —Recommended to mercy.— Confined Three Months.
THOMAS WEBB . I am coachman to Mrs. Hutchinson. I pulled the coach out of the coach-house in Charles-street Mews, Chelsea. about five minutes before half-past two o'clock, on the 8th of November—I put my box-coat on the box while I got the horses out, and when I came out with the horses, I found the policeman with the prisoner, and my coat—this is it—(looking at it)—I have a particular mark on it that I can swear to.
THOMAS HATCHETT . I am a fly-master. I was in Charles-street Mews, washing my flys—I saw the prisoner and two other boys come down the mews—the prisoner returned and took the coat off the coachbox—he rolled it up under his arm—the other two went out at the other end of. the mews—I ran and took the prisoner, and brought him back with the coat.
GUILTY . * Aged 16.— Transported for Seven Years.
ALEXANDER HUBBARD . I am a broker, and live in Kensington. On the 29th of October, Mr. Spicer came and told me something—I went out for about two hundred yards, and saw the prisoner, who was a stranger, running—I took him with the pillow—it is mine, and was hanging outside the door.
I saw the prisoner lift something down—I told the prosecutor, and we followed the prisoner, and found the pillow on him.
Prisoner. The pillow lay on the pavement—I took it up, and went away with it.
GUILTY . Aged 25.— Confined One Month.
THOMAS SMITH . I am master and part owner of the brig Beeswing, she was lying in the London Docks tobacco-basin. We had some wine in the fore-cabin—on the 8th of November, I missed six bottles of red port, and on the 9th, I missed ten more, and three of white—the mate kept the keys of the place where the wine was—the prisoner, who is the apprentice, was left on board during the night—it was my orders that he should always sleep on board—when I missed this wine, I went to the mate's drawer, and found the key of the wine was broken—I found the lock had been taken off, and put on with small copper tacks—I went forward, and searched the prisoner's berth—I found a small bottle, with a portion of white wine, about a table-spoonfull, quite enough to say it was mine—I went further, to his locker, where no one went but him, and found some more wine in a tea-kettle—I asked the prisoner how it came there—he said it was given him—I then said there was some white wine in a bottle, in the small room—he said "No, it had gin in it"—I sent for an officer, and gave the prisoner into custody—I believe this to be part of my wine.
Cross-examined by MR. JONES. Q. Was this place locked? A. No, it was open to any person in the ship—the prisoner was apprenticed for five years—I received no premium with him—I have a son on board this same vessel—he and the prisoner have never had a quarrel, that I know of—I have always suspected the prisoner—I have never charged him before.
THOMAS SYKES . I am apprentice on board the Redport, a vessel lying near the Beeswing. The prisoner asked me to go on board his vessel—I cannot remember the day I went—we sat for about an hour on the forecastle, and then he asked if I would go in the cabin—I went with him, and he had a key that he unlocked the cabin door with—he opened the table-drawer, took a bunch of keys out, unlocked the locker, and took out some wine in bottles—I cannot remember how many—he took them down the forecastle, and opened them—I had some with him—it was red wine—I went on board again a night or two after—he went in the cabin again, took the key, and opened the same locker, and took out some wine—I cannot remember how many bottles—some of it was opened and drank—only us two were there—there were both colours—we had one of white, I know—I drank red, I did not have any white—on the Sunday there were some young men on board—there were two bottles of wine drank—they all partook of it—the empty bottles were thrown overboard—I did not throw any over myself—the prisoner afterwards came on board the Red-port, and asked if we had not any stores of cheese on board that morning—I said we had—he wanted me to take one—on the 8th of November, in opening the lock, he broke the key
Q. How old are you? A. Fifteen—I used to buy wine to drink—I have had a good deal at Oporto—I did not know the prisoner before his vessel came alongside of mine—no one was on board the Beeswing when I went on board first—I cannot recollect how many glasses I drank—I had four, I do not think I drank five—I went back to the Redport as sober as I came out of it—I think I went five or six times altogether, and drank each time—I never told any body about it, till Captain Smith asked me if I had been on board the Beeswing, and if I had drank any wine—I said "Yes"—I do not know where the prisoner was then—I saw him afterwards, and he said all that I told Captain Smith was false—there were some sailors on board on Sunday—I never saw them before nor since—I have never been charged with stealing the wine—I was never threatened to be taken up for it—I have never been charged with stealing wine before—Captain Smith threatened to take me before the Thames-police, if he found me in bad company—that was all—Captain Smith told me to tell—I did not tell him, because I was afraid of being taken up myself.
COURT. Q. You had been on board this vessel? A. Yes; and when I was taken I stated what I have done now, which is true.
JAMES SMITH . I am the prosecutor's son—I keep the key of the locker and the cabin-door—the prisoner slept on board at night—Sykes had no business to be on board our vessel—the table-drawer was unlocked—the key was on the same bunch as the key of the locker—I did not take this wine—I have taken wine out of another locker, which was decantered.
Cross-examined. Q. Have you never had any quarrel with this lad? A. No—no words or dispute—he has never threatened to complain against me to Captain Smith, nor I of him—the steward of the Redport cooked on board the Beeswing—Sykes was there on the occasion of the cooking.
Cross-examined. Q. Was Sykes present when any thing was said about the wine? A. I asked him myself if he knew any thing about the wine, and he denied it.
NOT GUILTY .
JOHN JONES , I am a publican, and live at the Crown tavern, Bayswater. My trowsers were washed and hung out in front of the bar window—I missed them on the 28th of October, about five o'clock in the afternoon—I have seen the prisoner about there—I found my trowsers at Mr. Burroughs's, and bought them of him.
JOHN LOADER . On the 28th of October the prisoner came to Mr. Burroughs's, my employer's shop, and offered to sell a pair of trowsers—they were damp—I asked how they came so—he said they were dirty, and he could not offer them till they were washed—I gave half-a-crown for them—the next morning the prosecutor came and had them.
Prisoner's Defence. I bought them.
GUILTY . Aged 51.— Confined Three Months.
HELEN MACKAY . I am the wife of Alexander Mackay, a piano-fortemaker—he lives in Little Drummond-street, Euston-square—I got into an omnibus, to go to the Bank, between two and three o'clock in the afternoon, on the 4th of November—when I got in I sat on the right-hand side, going down the New-road—I sat two from the door—the prisoner was in the omnibus when I got in—he made room for me to sit by his side—he sat the third on my right hand, on the same side—I wore my pocket on the side next to him—I had a shawl over my gown—after I had been in about two minutes I felt a touch at my pocket—I had some keys in my pocket—I felt them pressed against me—I was putting my hand to my pocket, when I felt a second touch, and the prisoner directly said to the conductor that he wanted to get out, and told him to stop—I found that my pocket had been picked, and I said "You have robbed me"—my money had been in a purse—the money was taken out, and the purse put back, and it was the putting it back that I felt—I had known it was safe not one minute before I got in—I have sometimes found the snap of the purse loose—there was in it one half-crown, six shillings, and one six-pence—I lost it all—I gave the prisoner into custody—when I detained him, another man with a cloak on, who had been sitting opposite the prisoner, left the omnibus—I was the last person that got in—I said I had lost 9s. 6d. at first, but when I counted it up, I had the odd halfpence of the sixpence in my pocket—I had 9s. exactly, I am sure, when I got in—I had this money about me before I got in, and I had 2 1/2 d. in my pocket—one of the shillings I had was a new shilling—the prisoner was searched by an officer directly he was taken to the station-house, and the exact sum that I had in my purse was found in his waistcoat-pocket—one sixpence, one half-crown, and six shillings—the prisoner said, when I accused him of robbing me, he would rather give me all the money he had on him than be exposed—he would give me 5l. if he had it—this is the money—I believe it to be the money I had—the bright shilling is among them.
Cross-examined by MR. PRENDERGAST. Q. You are not going to swear to this shilling? A. No—I had had change in a public-house about an hour before—after I counted what I had spent out of the half-sovereign, I found that I had but 9s. left—I had got some beer, and the rest I spent for bread—I lost exactly 9s.—that was all the prisoner had about him, as far as I saw—he might have more—I said I had lost 9s. 6d. before it was found, till I counted what I had—I said 9s. 6d. or 9s.—I was not certain—I bought a pint and a half of beer, and some bread out of the shilling—the beer came to 2 1/4 d—the bread was 4 1/2., and I had 2 1/4 d. or 2 3/4 d. in my pocket—I gave my husband 3d., because I might not be home when he wanted beer—I was going to see a friend at Austin Friars, and I thought of bringing some tea and sugar from the City—I sat on the left side of the prisoner—he did not move from the other side to sit by me, that I saw—he might have done so—when I charged him with robbing me, he held some silver in his hand—I did not see what pocket he took it from—he said he would give me any thing rather than be exposed, as he was a gentleman, and he had done nothing of that sort—I am certain I had not forgotten to take up my money at the public-house—I had it in my purse the minute before I got into the omnibus.
us, and sat at the end seat, quite close to ray daughter—I did not see the prosecutrix come in, but the prisoner moved, and sat by her side—he was going out, and the prosecutrix said "You have robbed me"—he said, "How dare you accuse me?"—she said "You have robbed me, I had 9s., and you have taken it out, and put my purse back again"—the thief that sat next to me had robbed me—he said he would go, and he did—I lost 8s., 24l. in cheques, and my pocket-book.
Cross-examined. Q. The prisoner changed his seat, and went and sat by the prosecutrix? A. Yes—he had taken his station on the opposite side, at the further end of the omnibus—I think the prosecutrix is mistaken in saying he made way for her to sit by him—I think he moved after she got in—there were two or three persons in before I got in—the prisoner got in by himself—he passed me—whether the other man came in with him, I do not know—when the prosecutrix said "You have robbed me," the other man went out directly—the prisoner took some money out of his pocket—he dropped some, and picked it up.
JOHN CARPENTER . I am a policeman. I took the prisoner—the pro-secutrix said she thought she had lost 10s. 6d., but she would not be sure what it was—I took the prisoner to the station-house, and found 9s. on him—I cannot swear that this is the money I took from him, as I had other money, and put it all together, but I can swear that there was one half-crown among it.
GUILTY . Aged 21.— Transported for Ten Years.
OLD COURT.—Thursday, November 28th, 1839.
Second Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 37.— Confined Six Months.
60. FREDERICK PRENTICE was indicted for stealing, on the 26th of October, 4 spoons, value 1l. 10s., the goods of Mary Ann Tollins; and 1 pair of shoes, value 6s., the goods of Moses Cohen Azareido; to which he pleaded
GUILTY . Aged 29.— Transported for Seven Years.
GUILTY . Aged 19.— Confined Six Months.
THOMAS HOLMAN . I manage the business of Mr. Alaric Alexander Watts, of the "United Service Gazette"—the prisoner was there as errand-boy, and occasionally to receive money when I was absent—he should pay money over to me immediately on my arriving at the office, but on this occasion I was confined to my bed by illness, and then he should have brought it to me at the end of the week—he never brought me any from Mr. Clayton, or Mr. Cooper—he absconded during the night of the 1st of
November, taking with him the balance of money that he had received daring the week—these sums were entered in a memorandum-book by him, but were never paid.
JOSEPH COOPER . I paid the prisoner 5s. on Friday, the 1st of November, for advertising, for which he gave me this receipt, signed by himself—(read)—"United Service Gazette. Thames Tunnel, 1 insertion, 5s. Received, F. H. Nov. 1,—39."
Prisoner. I am very sorry for what has occurred.
GUILTY . Aged 19.— Transported for Seven Years.
(There was another indictment against the prisoner.)
Before Mr. Baron Parke.
(The particulars of this case were of too indelicate a nature for publication)
GUILTY . Aged 24.— Confined Two Years.
Before Mr. Justice Bosanquet.
64. HENRY JONES was indicted for feloniously breaking and entering the shop of John Cheek, on the 8th of November, at St. James's, Westminster, and stealing therein 17 umbrellas, value 7l.; and 19 whips, value 13l.; his property.
JOHN ARMFIELD SMITH . I was in the employ of John Cheek, of the Strand, at the time of the robbery, and had the care of a shop of his in Burlington Arcade. I left the shop at nine o'clock, on the night of the 7th of November—I secured and locked it—I left every thing in its place as I went next morning, at half-past nine o'clock I met a person living in the Arcade, who gave me information—I went to the shop, and found the lock had been forced—the door was open—I went and found Mr. Cheek there, and Slark, the witness—seventeen umbrellas had been moved from the glass case, and some from the window—I found them lying on the counter, packed in a cloth-bag, and nineteen whips—the prisoner is a stranger—I saw him at the station-house.
Cross-examined by MR. PAYNE. Q. Are you quite sure you locked the door the previous evening? A. Yes—I was the last person in the shop—there are constables of the Arcade, who attend at the gates at each end at night—they go away when the day-constables come on—the lock was a small padlock, and the staple of the padlock had been forced out—the Arcade opens at eight o'clock in the winter.
WILLIAM SLARK . I am a whip-maker, and live in Burlington Arcade. On the morning of the 8th of November I went to Mr. Cheek's shop, at half-past eight o'clock, from information I had received, and found the prisoner behind the counter—the door was, to every appearance, fast, and the padlock and staple in its place—I had no idea I could get in at the door—I went and peeped in through the window—I then gently pushed the door, and the padlock fell down, and the staple with it—I went and found the prisoner behind the counter—he seemed in a confused state, but was doing nothing then—he was standing there, with the goods on the
counter which had been moved from the window—I asked what business he had there, and he gave me this paper, saying he was authorised by Mr. Cheek to fetch the goods away—I called a porter from the gate, and gave him in charge—(paper read)—"For Mr. Cheek, 52, Strand, 12 umbrellas, 18 whips, and 3 canes. Send it by the bearer. Nov. 8th,—39."
Cross-examined. Q. Did he not say he was sent by Mr. Cheek with an order to remove the goods? A. Those were the words I believe—he either said he was ordered or authorised—I cannot say whether he said he was seat with an order by or from Mr. Cheek—there are shutters to the shops, but we do not put them up, as we are well guarded—he had broken the window in getting the goods out, which caused the alarm.
JOHN CHEEK . I am owner of the shop in the Arcade. I do not know the prisoner—this paper is not my order—I never saw it till Mr. Slark sent for me at half-past eight o'clock—I went to the shop—I never gave any order or authority to any body to fetch the goods from the shop—I know the goods to be mine—they have been in my possession ever since—I found them on the counter in this bag.
Cross-examined. Q. What time does the Arcade open in the morning?
A. Seven or eight o'clock, I do not know which.
GUILTY . Aged 21.— Transported for Ten Years.
Before Mr. Justice Bosanquet.
65. GEORGE BROWN was indicted for stealing, on the 25th of November, at St. Giles-in-the-fields, 1 watch, value 5l.; 1 watch-guard, value 10s.; 1 belt, value 4s.; and 56 sovereigns; the property of William Benn, in the dwelling-house of Ann Robinson.
MR. CLARKSON conducted the Prosecution,
WILLIAM BENN . I came from America to England—the prisoner came with me—I knew him in America for about twelve months—I came here to buy carpenters' tools—the prisoner knew that, as we verbally agreed together to come over to England, and go to Sheffield, but he was to come first to London, and get money from his friends to boy tools—he knew I had money—my money was to be employed in purchasing tools, and we were to return to America. and open a shop as partners, to sell the tools—I had sixty-one sovereigns, and two or three dollars—I had a watch—the guard to it was not mine—the prisoner had it from a friend of mine, and gave it to me to put on my watch—we came from New Orleans to Havre de Grace—I kept my sovereigns in a belt which I bought at New Orleans—I kept my money in the belt round my waist, inside my clothes—the prisoner knew that—I worked my passage to England as carpenter, to save the expense—the prisoner paid his passage—after wearing the belt some time, I found it inconvenient on board ship, and gave it to the prisoner—he took care of it in his box for me for about six or seven weeks—wit was restored to me before we landed—I arrived at Southampton a week ago last Tuesday morning, came to London the same day, and went to lodge at Mrs. Robinson's, No. 22, Little St. Andrew's-street, Seven-dials, the following night—my money was then safe, and in my care—the prisoner and I occupied the same bed—on Sunday, the 24th of November, when I went to bed, I put my watch and belt, with the money, under the pillow on which I slept—I had counted the money about the middle of the week—there were then fifty-six sovereigns, and I had not taken any from
it—I was awoke a little before one o'clock in the morning—the prisoner was by my side in bed at that time, and said he had to get up to go to the back door—he got up, and did not return—I did not hear my watch ticking, and felt for it, and could not feel it, nor the money—I got up, lighted a candle, searched the bed, and my watch, belt, and money were gone—I did not get up till eight o'clock—I then went in search of a coach-office in Fetter-lane, where I had been with him on the Saturday, I believe, but I did not know the name, nor did I know my way about London at all—I come from Cumberland—I found my way to the coach-office—I believe it was the White Horse—I there found the prisoner standing, and a waiter brushing his clothes—I was not willing to expose him before the waiter, and did not speak—he made signs for me to go away, but I did not—the prisoner went through the lobby of the hotel very quickly—I pursued after him, and said "Hill, you have done me wrong in taking my money"—(I always knew him as Hill)—he said he had, and was very sorry for it—there were a great many people about, and much noise—he said" We will go into I a tavern, and have it settled"—I was going into the parlour, expecting he was following me, but when I turned round he was gone—that tavern is I opposite the other—I went out and saw him running—I pursued after him I—he turned a corner—some men were a little a-head—I called out "Stop that fellow" and then he stopped—he said "It is no use making so much fuss about the money" that I should get it again—I asked him for my watch, and he gave it to me—I told him I had no desire to hurt him in the least—he said I could not hurt him, I could not swear to sovereigns—he offered, if I would let him have 5l., he would return me the remainder of it, and half of his clothes—he had better clothes on at that time than I had, but I believe he had not a better stock—he said a friend bad one part of the money, and he would go and get it for me—he took me to a hair-dresser's shop, in Whitcombe-street, I believe—when we got there, he went in, and stopped a very short time—he said his friend was not in, and he could not get the money—we walked some distance, and went and had a pint of beer at a tavern—he then said he wanted to go outside—he came outside—I did not come out with him, but did very soon after, and I discovered that he was running along the street—I followed him into the Haymarket—he got into a cab, the door of which was standing open, and the driver alongside—he ordered him to go off immediately—I said he should not go, and after some hesitation, he came out of the cab, and said he would go to his friend again—we returned to Whitcombe-street—he went into the hair-dresser's shop—I remained outside about five minutes—he came out once, and wanted me to come in, and sit down—I refused—he went back again, and remained about ten minutes—I had seen a boy go by, and told him to send a policeman—the prisoner came out with another person, and came to a tavern—he said his friend was in that tavern, which was ten or twelve yards from Whitcombe-street—he said if I would wait, he I would go in for his friend, but I followed him in—he came out very shortly 1—a policeman was there, and gave him in charge—the policeman found on him fifty-two sovereigns and 4s
Cross-examined by MR. PAYNE. Q. How long had you been in Ame-rica? A. About two years—I have worked at Liverpool two years and a half—I have been twice to America—I was never in London before—I did not show any body the fifty-six sovereigns, besides the prisoner—when he was taken he said the money was his own—he was standing in
Whitcombe-street when the policeman came up—I was talking to him, and gave him in charge.
MR. CLARKSON. Q. Was the money all your own, or had you borrowed part of it? A. I had borrowed about two-hundred dollars, which is about 48l.—the prisoner knew that—when I got to London with him he said his friends were at Cambridge—I never saw any of his friends nor any money—I asked him on Sunday how much money he had, and he said 2s. and 2d. or 3d.
WILLIAM KENT (police-constable C 162.) About a quarter after one o'clock last Monday morning I received charge of the prisoner from the prosecutor, for having stolen 56 sovereigns and a silver watch from him—he produced the watch to me, and said it had been given back by the prisoner—I searched the prisoner at the station-house, and found on him 52 sovereigns, 4s., and a silver watch—the sovereigns were in his trowsers pockets, loose—I also found a leather case on him—he declined saying any thing before the Magistrate.
Cross-examined. Q. Was he not advised by a professional person there not to say any thing? A. He was—he did not say the money was his when I took him—he did at the station-house the moment the money was found—Ann Robinson's lodging-house is in the parish of St. Giles-in-theFields.
WILLIAM BENN re-examined I was robbed atone o'clock in the morning, and laid in bed till eight—I was a stranger in London, and did not know where to go to, and night was a very bad time to go to look after him—I sold my tool chest and tools in Havre, for twenty dollars, as it was so heavy and too much trouble to travel with—I left the ship there—I came here to purchase tools to sell for profit at the southern part of America. as there are no tools manufactured there—I meant to buy tools of the same description as those I sold, but mine were out of repair—they would have been worth 30l. if new.
GUILTY .—Aged 22. Transported for Ten Years.
Before Mr. Baron Parke.
JOHN BIDDLE . I am a letter-carrier at the Post-office. On the morning of the 28th of October I was in Maiden-lane, standing upon the canal bridge—I saw a chaise-cart coming down the lane—the horse was at a full gallop—there were two persons in the cart—the prisoner was driving and another sitting—there were some cans and mop-handles in it—when it got to the top of the bridge I observed the man who was. sitting by the prisoner, speak to him, and the prisoner laughed—I did not observe him whip the horse at all, nor attempt to stop it—I saw them get opposite the Albion public-house, and saw two men coming out of Collard's dust yard, one a little in advance of the other—they did not come through the regular gate, but a place where some palings had been pulled down—they were walking,—they stepped off the foot-path, and made a start forward to cross the road just before the horse—the foremost man succeeded in getting across—the second tried to get across, but finding he could not get past the horse, he made a swing round, when the near shaft struck him in the back—he fell forward, but in falling he caught the shaft, and was dragged several yards—the horse was in the centre of the road at the time the man was
struck, but while he was hanging on, the horse got close up to the footpath on the left-hand side of the road, which was the side he had stepped off of—just as the horse got to the foot-path, the man left go or was thrown from his hold and fell forward on his face, with his head to the foot-path and his feet in the road, lying in a slanting direction—the near wheel took him just across the hip, and passed over his back from left to right—several people ran and picked him up, and carried him to the Albion public house, and afterwards to the hospital—the cart went on a short distance, and then the prisoner stopped—I was behind the cart after the shaft struck the man, and could not see him—I did not observe him attempt to pull up before it struck him—if he had made a dead stop instead of going over the road, he could not have been run over—he might have seen the cart coming if he looked that way—he could see into the road out of the yard—when he stepped off the foot-path on the road he began to run directly—stepping off the foot-path into the road, which is a descent, gave him rather an impetus.
Cross-examined by MR. CLARKSON. Q. Was not this a coke cart? A. It might be used for coke—it was a cart to carry goods in—the road is not so wide as the generality of roads—it is a good width, for four vehicles at any rate can pass abreast there—it was a clear light day—I was behind the cart when he was struck with the shaft—not a quarter of a minute elapsed from the time I first saw the cart till the accident happened—I was about thirty yards from the cart—I do not mean to say the prisoner did not attempt to pull up—if the man had looked round, as many cautious persons will, there could not have been cause for the accident—he might have seen the cart if he had stopped and looked for it—I do not know that I have said there was no danger, and that he might easily, have seen the cart if he had looked—I say now, if the deceased had used due caution, it would not have happened.
JAMES COLLINS . I am a labourer. I knew the deceased, John Cordery—I was with him at the time of the accident—he was sober—I was going over from the gap in the paling to the Albion public-house to get a pot of beer—I did not see the cart till I was nearly a third across the road—I then saw it coming along at a rapid rate—the deceased was behind me a yard or two—I called to the driver as I crossed, and called out "Murder" to him, that he would kill some one if he did not stop his horse—he tried to stop it, and held as hard as he could—the deceased was not deaf, to my knowledge—the horse appeared coming down the hill in a rapid way—the prisoner did not appear in liquor—it was about eleven o'clock.
Cross-examined. Q. Did you see the deceased after the accident and before he died? A. Yes—I did not tell him if he had come across when I did, he would have escaped altogether—I could not tell whether the horse was running away or coming at a gentle pace, for I was frightened—I have, seen the deceased's widow since the accident—we have never said that if the prisoner had come to the Coroner, it might have been settled for a small taken sum; but last Tuesday she said the father feed a counsellor and had spent told her 6l. 10s., and if people came forward it would help to assist her—that it would look well in the eye of the public for the father to come and assisting any her with something—I said it would look well for him to do so—if the Cross deceased had stopped on the foot-path the accident would not have happened—I did not see the cart before I came off the path—I could see along the
road to the level of the bridge—I did not see the cart because I did not fix my eye upon it—I heard no noise when I was on the foot-path.
JOSEPH HARVEY . I was with the prisoner in his father's cart, who is a dealer in coke—the prisoner was driving—he was sober—the horse was going fast, at a sort of gallop—I saw the first man cross the road, but not the second till he had got near the cart—I called out "Stop" once, and the prisoner tried to stop the cart, as soon as he saw the man who was entangled with the shaft.
Cross-examined. Q. He did all he could to stop, did he? A. He did—we could not see either of the men till we got on the crown of the bridge, which is about twenty yards from where the accident happened—the horse was going at the same pace before he got there, between a trot and gallop, at between five and seven miles an hour—I saw the deceased on the pavement just before he got on the road—we called to the first, man, and he got over—the prisoner did all he could to stop the horse, and he afterwards took the deceased to the hospital—I do not think the horse was going at more than six miles an hour—it was a cart-horse.
THOMAS HUNT . I am a surgeon. I attended the deceased on Monday, the 20th of October—he died the same day—I opened his body after death—he died of rupture of the liver, left kidney, and spleen, which a cart going over him would occasion.
MR. CLARKSON called
JOHN SANDELL . I am an ink-maker, and live in Bell Isle, Maiden-lane—I assisted the deceased into the hospital—he said he did not think he should recover—it was near upon twelve o'clock—the prisoner said he was very sorry for what had happened, and the deceased said it was his own fault as well as his—that he came running to go to fetch a pot of beer with his fellow servant.
NOT GUILTY .
Before Mr. Justice Bosanquet.
MARY JONES . I keep a shoe shop in Brook-street, Ratcliffe. The prisoner came to the shop on Monday, the 28th of October, about one o'clock, and asked to see a pair of shoes in the window—I showed her a pair at 3s. 6d.—she said she could not give above 1s., and asked for a second-hand pair—I showed her a pair of boots at 1s. 2d.—she paid me 6d., saying she would call in the evening, and pay the rest—she went away, and I missed the 3s. 6d. pair of shoes directly—there was nobody but her in the shop, and a little girl, whom I have adopted—I have seen the shoes since at Mr. Fryett's, the pawnbroker—I saw the prisoner there—she said she had not taken them—she passed my door before that—I sent my girl after her, and told her she had robbed me of a pair of shoes, and pawned them at Mr. Fryett's, for my little girl had seen her take them there—she denied knowing any thing about it.
Cross-examined by MR. DOANE. Q. Had you many shoes? A. Yes—I deal in old and new things—we sometimes take deposits—she did not return to the shop about a gown—I had worn the shoes myself three or four
days before, but not fitting me, I sold them—I dare say I have a hundred pairs of second-hand shoes, but not like these.
EMMA CORNISH . I am fourteen years old, and live with Mrs. Jones. I remember the prisoner coming to the shop to buy shoes—she bought boots, and when she was gone the shoes were missed—I saw her again in about five minutes passing the door—I told Mrs. Jones, and she went after her—I saw her go into Mr. Fryett's with the shoes in her hand, about five minutes after she was at the shop—I looked through the window, and saw her put them on the counter—I ran home to tell my mistress, and did not see her come out.
Cross-examined. Q. Was it after that she came by your mistress's door?
A. Yes—by the time I got home she passed the door—Mr. Fryett's is close by us—I knew her before.
CHARLES LOCKYER . I am in the employ of Mr. Fryett, a pawnbroker, in High-street, Shadwell. The prisoner came there to pawn a pair of shoes—I saw Mrs. Jones in about a quarter of an hour—the prisoner was gone then—she came back with Mrs. Jones, who asked if that woman had pawned a pair of shoes—my master said, "Yes"—she looked at the shoes, and said they were hers—the prisoner denied having been to the shop at all—I am sure she is the person.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 30.—Recommended to mercy,— Confined Two Months.
Before Mr. Baron Parke.
68. CHARLES MILLER and JOHN JAMES were indicted for stealing, on the 25th of October, 1 lamp, value 1s.; 2 waiters, value 10d.; 2 trays, value 4s.; 2 shirts, value 9s.; 1 oil-can, value 2s.; 4 yards of lamp cotton, value 4d.; 2 pairs of stockings, value 2s.; 1 scarf, value 1s.; 1 pair of trowsers, value 1l.; 1 printed book, value 1s.; 1 gross of buttons, value 5s.; 1 flannel waistcoat, value 2s.; 1 shawl, value 6d.; and 1 bag, value Is.; the goods of Charles Smith.
CHARLES SMITH . I am a tailor, and live at Puckeridge, in Hertfordshire. On the 25th of October I was going from the Bell and Crown public-house, Holborn, to Puckeridge, between three and four o'clock—I had a bag containing the articles stated—I left it inside the booking-office, and walked to and fro in front of the office door a little way, waiting for the coach—I returned in five or ten minutes, and found the bag gone—I saw it again about two minutes afterwards—I cannot exactly say who had got it—a number of people came round the door, and the two prisoners were in custody—I distinctly saw James in custody, but not the other, at the moment—I was rather confused at the time—the bag and the articles in it are my property.
THOMAS BARNES . I was employed at the Bell and Crown public-house on the 25th of October, to look after the coaches—I am in the same employ now. About twenty minutes before four o'clock I saw the prisoner Miller go into the coach-office, take the bag out, and give it to James, who was standing at the corner of Leather-lane, about twenty yards from the coach-office, I think—Miller said, "Here, Jack," and James came to him—they walked as far as Leather-lane, and then Miller gave him the bag—I asked Aldridge, my fellow-servant, who was standing there, if the bag did not belong to one of his passengers—he said it did—I said, "There are two young men just gone up Leather-lane with it"—we followed them up
the lane, and saw them running up the lane with another, who if not here—that one struck Aldridge over the head with an umbrella—he got away—I followed the prisoners up the lane, and did not lose tight of them—when the other man struck Aldridge I sung out "Stop thief"—I called a policeman, who was handy, and gave them into custody.
Cross-examined by MR. PRENDERGAST. Q. Are you quite sure you saw Miller give the bag to James? A. Yes—I am quite sober now—I have not been drinking—I may have had a pint of half-and-half—that is all I have had, and that is three hours ago—I have had nothing since.
Cross-examined by MR. PHILLIPS. Q. Where was it you took the halfand-half? A. Across the way—I do not know the sign of the public-house—I swear I had no more—I drank it by myself, and paid 3d. for it—I have not been drinking with any of the witnesses—James was not at the corner of Leather-lane when Miller gave him the bag—he was three or four yards from the corner—I never said Miller took the bag out of the coach-office, and walked with it to the corner of Leather-lane—(looking at his deposition)—this is my mark—(The witness's deposition being read, stated "I saw Miller take the bag out of the coach-office, and walk with it to the corner of Leather-lane")—I did not state that—most likely I have drank; some gin to-day, but it was at my own expense—I had a half-quartern with Aldridge, at six o'clock this morning—I have not drank any within this last hour—nor for these two hours—I have not sworn that I had not drank with any of the witnesses to-day—I am not swearing now.
COURT. Q. You are on your oath? A. I have not taken my oath that I have not been drinking—I am quite sober now.
MR. PHILLIPS. Q. Were you drinking gin with any female to-day in any public-house in this neighbourhood? A. No—(looking at a woman)—I have not drank any gin with her to-day, nor has she paid for any for me—I have not been in her company, that I know of—I do not know her—I had about half a glass three or four hours ago—I did not pay for it—I cannot tell who did.
HENRY ALDRIDGE . I am porter to the Puckeridge coach. I saw the prosecutor put the bag into the office, leave it there, and walk away—I received information about five minutes after, and went with Barnes in pursuit—I saw James running up Leather-lane, with the bag in his possession, and Miller with him—I ran after them, and one not in custody, hit me with an umbrella across the head, which stopped me for about half a minute—it knocked my hat off—I then went on, and saw them again further up the lane—I saw James run into a yard, and get into a cart—he had the bag with him when he ran in—I went in after him, and found the bag in the yard, just inside the gates—I gave it to the prisoner—it is a coach-yard—there is no thoroughfare—the policeman took James into custody—he was in the cart—I do not know whether he was lying down or not, for directly we came to the cart, he got out, and in getting out, he fell down, and the officer took him.
Cross-examined by MR. PHILLIPS. Q. Have you been drinking with Barnes at the public-house? A. No—I drank with him once, certainly, because I drank some porter with my dinner, about a quarter to one o'clock—it was not half-and-half—I cannot afford that—he drank some porter with me—I left him there by himself—not with any female—I did not drink any gin with him then—I did in the morning, at ten o'clock, with one of the prisoner's friends—it was a man—I have not drank with
any female—the prisoner's friend paid for what we had—I had a quartern—I do not know what Barnes had—he did not drink while I was there—he has not drank any gin with me to-day—I do not consider him sober now.
MATTHEW WILCOX . I am a City policeman. I received charge of Miller, from Barnes, in Leather-lane—Barnes had him in custody—Miller had a blue bag with him, containing a piece of cloth, a pair of Wellingtonboots, a pair of soles, and a pair of upper-leathers.
Cross-examined by MR. PRENDERGAST. Q. He appeared to be carrying the bag? A. Yes—it was not very large—it could not be concealed.
JOHN ARMSTRONG . (City police-constable, No. 204.) I was in Holborn on the 25th of October—I ran up Leather-lane, when I heard of the robbery—I saw several persons running—I went into a stable-yard on the right-hand side of Leather-lane, and saw James fall out of a cart there—I took him into custody—on the way to the station-house he made a desperate struggle to get from me—I received the bag from Aldridge at the Bell-and-Crown.
MR. PRENDERGAST. Q. Do you mean to swear he had a bag in his hand when he went into the office? A. No, I do not—I mentioned it to the policeman, and the Alderman, but the question was not asked me today.
(Property produced and sworn to.)
(Miller received a good character.)
MILLER— GUILTY . Aged 20.
JAMES— GUILTY . Aged 24.
Confined Twelve Months.
First Jury, before Mr. Recorder.
GUILTY . Aged 22.— Confined Three Months.
GUILTY . Aged 21.— Confined Three Months. (The prisoner received a good character.)
71. ANN FLYNN was indicted for stealing, on the 27th of October, 1 waistcoat, value 5s.; 2 knives, value 6d.; 1 cravat, value 1s.; 1 breast-pin, value 18d.; and 2 sovereigns; the goods and monies of Michael Handley.
MICHAEL HANDLEY . I am a porter, and live in Wilmore-gardens, Kingsland-road. On Sunday night, the 27th of October, I had been to see some friends at the West, between eleven and twelve o'clock—I went to a house in St. Giles's with a woman—I suppose it was a brothel—I was drunk, so much so I did not know then what I did; but after I got into a room there were two women—I sent one out for some liquor, and the prisoner was left in the room—I suppose I fell asleep—when I awoke I found my waistcoat and neckcloth off, and two sovereigns were gone, which were wrapped up in my waistcoat, in a piece of paper with red letters on it, two knives, and a pin—I spoke to the people who came up into the room,
and while speaking to them the prisoner came up—there was nothing in my hat then, but, as I was going down stairs, my cravat and pin were have in to my hat—somebody must have dropped them in, as I am confident they were not there before.
Prisoner. He gave me the two sovereigns. Witness. I did not—I was sensible enough to know that, although I was in liquor.
Prisoner. He had been drinking all night with me and two other females in the White Lion public-house. Witness. I had not—I had two or three shillings in my trowsers' pocket—that was not gone—I gave 1s. to pay for the drink.
ROBERT WARNS . I am a policeman. I went with the prosecutor to Buckeridge-street, between eleven and twelve o'clock at night—he complained to me that he had lost two sovereigns and a waistcoat—he had a hat on, but no waistcoat—the prisoner came up stairs while we were there—he pointed her out, and I took her into custody—in going down stairs my brother officer heard something going into her mouth—he called to me for assistance—I went—he grasped her throat—I put an umbrella-handle into her mouth to keep it open, put my finger in, and pulled out a sovereign—a woman searched her at the station-house—I was not present at the time but I received 17s. 10d. from the woman—on Monday morning, as I was taking the prisoner to Hatton-garden, I said, "How came you to rob this man?"—she said, "I wanted money—I had a chance, and therefore I took the chance"—I asked her afterwards what she had done with the waistcoat—she said, "I took the sovereigns out of the waistcoat-pocket, and hid the waistcoat"—I found it in a sort of privy, not in the same house, but in another street.
JEREMIAH CAMPBELL (police-constable E 121.) I was with Warne—the prosecutor pointed the prisoner out, and gave her in charge—she denied it—in taking her down stairs, I saw her put something into her mouth—I said, "You shan't swallow that sovereign, if it is one"—she said, "I have nothing in my mouth"—I almost strangled her to prevent her swallowing it—we put the hook of an umbrella into her mouth because she should not bite, and Warne took a sovereign from her mouth—I afterwards went to No. 3, Maynard-street, where I knew the prisoner lived, searched her bed-room, and found two knives and this piece of paper under a pillow, and the waistcoat under the stairs, which the prosecutor claimed.
Prisoner. The girls who were in company with this man live in the same house as Mr. Witness. I know the prisoner, and the person that took the prosecutor into the room where he was robbed—the one he sent for the gin lives at Grout's lodging-house, at the corner of Buckeridge-street.
Prisoner. The other girls that had been in company with him were with him up stairs as well as me—I did not say what the policeman has stated.
GUILTY . Aged 24.— Transported for Seven Years.
window, and run away with them—I pursued him, calling "Stop thief, and he was stopped by Mr. Ellis, about sixty or seventy yards off—I had lost sight of him—he had a smock-frock on—I do not swear to him—he is dressed like the man—he took them with his right hand, and his back was towards me.
Prisoner. He said he was in his parlour, reading the newspaper. Witness. I was, and happened to lift up my head, and saw him taking the loaves.
Prisoner. Q. If I had a smock-frock on, why did you come up to the witness, and say the person had a frock-coat and cap on? A. I meant a smock-frock—I did not say, "Is this the man who had the loaves?" when you were stopped, I said, "This is the man"—you had a smock-frock on when you came into the shop.
JOHN ELLIS . I am a confectioner, and live in High-street, Islington. On the night of the 1st of November I was in Holloway-road, and heard somebody running behind me—I got out of the way to let them pass, and the prisoner and another man passed me—the prisoner had the loaves in his hand—I heard the cry of "Stop thief," ran after them, and stopped the prisoner, with the four loaves in his possession—he said, "What do you want with me? that is the man," meaning the man running in front of him, but I held him till the prosecutor came up—I stopped him about 100 yards from the shop—the other man had no smock-frock on—he had a cap on, and the prisoner a hat.
Prisoner. I said, "That is the man"—I saw him drop the loaves, and I picked them up. Witness. He told me that was the person they were crying "Stop thief" for, but he did not say he had taken the loaves up—he dropped them at his feet as I held him—there was no cry of "Stop thief" till after they passed me.
Prisoner. They were two and two, and when the man caught me behind they split. Witness. They were not, they were four together when they left my shop.
Prisoner's Defence. He said he was in the shop, the door was shut between the shop and parlour, he looked through the window, hearing a noise, and saw a person in the shop, dressed in a frock-coat and a cap—at the station-house the inspector said, "You mean a smock-frock, sir?"—he said, "Yes, I mean one of that sort"—at the office he said a frock-coat again, and the Magistrate said, "How long have you called these frockcoats in your country?"
(The prisoner received a good character.)
GUILTY . * Aged 23.— Confined Two Months.
GUILTY . † Aged 26.— Transported for Seven Years.
JAMES COULSON . I keep a marine-store shop, in Great Saffron-hill. On the 9th of November, between six and seven o'clock in the evening, the prisoner came to my shop, and asked if I bought copper—I said, Yes, what sort was it?"—he said he would bring it to me—he came again with part of an ingot, and I took him to the static a-house—he said on the road, that it was his own—I said I was confident it Was not—he said it was, and at last said he worked for a person in St. John-street—he would not tell me who, but at the station-house he said it was for Mr. Pontifex.
Cross-examined by MR. PAYNE. Q. Did you put any questions to him before he told you where he got it? A. I told him I knew it could not possibly be his—he prevaricated a good deal, and said he hoped I was not going to do any thing to him—he hoped it would be all right where I was going—I did not tell him I was going to take him to the station-house—he said he hoped I should not hurt him, by which I understood he meant he had stolen it—I told the Magistrate he gave me to understand Sufficiently that he had stolen it—(looking at his deposition) this is my writing—it was read over to me—I told the Magistrate he prevaricated a good deal—(The witness's deposition being read, stated, "I at once took him to the station-house, and on the way there he Said he had stolen it. ")—hey took my deposition down short.
THOMAS RAWLEY . I am gate-keeper in the service of William Pontifex and others, coppersmiths, in Shoe-lane—the prisoner was in their service—I believe this piece of copper to be their property—I have a piece of the same bar from which it was taken.
Cross-examined. Q. How long has he been in the service? A. About seven months—he would have been apprenticed to them last Thursday week, if this had not happened—we had five years' character with him—he was very much noticed, and sent out eight or nine times a day on errands—the bar was given out by Donoghue to make sugar spades for the West Indies—the piece found does not match with it, but it is of the same bar—a bar is twelve or thirteen feet long.
THOMAS DONOGHUE . I know the piece of copper which Rawley has, it is off the same bar as the piece Bradley the policeman has, but he is not here—I had divided the bar, on the 9th of November—I saw the prisoner there between four and five o'clock—the part the prisoner took is the piece with a flaw—I saw the same copper produced before the Magistrate by the policeman—it would have to be re-melted.
(The prisoner received a good character.)
GUILTY . Aged 17.—Strongly recommended to mercy.— Confined One Month.
Mr. PAYNE conducted the Prosecution.
ELIZABETH PALLETT . I am the wife of Charles Pallett, an egg-merchant, and live in Bloomsbury-market—the prisoner is my son, and lived with us. On Saturday, the 26th of October, he was at home—this snuff-box is my husband's—it was in the second drawer in the scrutoire—I saw it safe about half-past two o'clock in the afternoon, and I missed it about five o'clock—I accused the prisoner of taking it—he denied it.
CHARLES BAKER . I am shopman to Mr. Benton, a pawnbroker in High Holborn—this snuff-box was pawned at our house by the prisoner, on Saturday, the 26th of October, about four o'clock, for 12s.—I am certain he is the person—I never saw him before—he was about three minutes in the shop—I asked his name and address, he gave "William Pallett, lodger, 4, Bloomsbury Market," which is his true address and name.
ELIZABETH PALLETT re-examined. My husband has lost his reason since this unfortunat eaffair—I did not know the box was at the pawnbroker's till I saw it at Hatton-garden—it had been seen in the prisoner's possession, and I gave him in charge—the drawer was not locked—I am sorry to say he is acquainted with bad company, which is the cause of it—he has been apprenticed to a person, and twice fitted out to sea—I have no children but him—my object is, if possible, to get him from his bad associates—I do not know that my husband ever allowed him the use of this—there was snuff in it sometimes, and sometimes not.
NOT GUILTY .
NEW COURT.—Thursday, November 28th, 1839.
Fifth Jury, before Mr. Common Sergeant.
76. THOMAS WILLIAMS was indicted for stealing, on the 30th of October, I basket, value 3s. 6d.; I yard of baize, value 1s.; 15 loaves of bread, value 12s.; and 3lbs. weight of flour, value 8d.; the goods of Thomas Turner; to which he pleaded
GUILTY . Aged 38.— Confined Two Months.
RICHARD ADAMS . I am porter to Mr. George Jones, an auctioneer. On the 14th of August a lady's gold watch was brought to me by Mr. Benjamin's boy—it had an enamel of a female's head at the back, and a row of pearls round the rim, and the enamel was broken a little—I locked it up, as we generally do, till about three o'clock in the afternoon, when I took it out and put it behind the counter, and covered it over—I went to look after it the same afternoon, and missed it about five o'clock—it has been since found at Mr. Archbutt's—it is not here.
Cross-examined by MR. CLARKSON. Q. Do you know that it was on the 14th? A. Yes—I said I thought so, but I know it by referring to a memorandum—it was brought by Benjamin's boy, who is not here.
rooms to be sold, and on the 15th I was informed it was stolen—it was a flat gold watch, with a lady's head set round with pearls—my boy who took it to Mr. Jones's is not here—I went afterwards to Mr. Archbutt's shop, and he showed me the same watch—in about a week afterwards Mr. Jones gave me the money to redeem the watch, as it was worth more than it was pawned for—I have parted with it since.
Cross-examined. Q. Where did you get it? A. I bought it at Debenham and Store's sale-rooms—I cannot tell when or what I gave for it.
JOHN ARCHBUTT . I live in Bridge-road, Lambeth, and am a pawnbroker. I took the watch in of the prisoner on the afternoon of the 14th of August—I asked him whose property it was, he said his wife's, and I think the remark was made by him or me, that what was his wife's was his.
Cross-examined. Q. When Adams first saw the watch did he know it?
A. He did not know whether it was the watch or not—Mr. Benjamin afterwards saw it—he brought me a note from the auctioneer, and had the watch.
NOT GUILTY .
JOHN WICKS . I am in the employ of Robert Debenham and another, of King-street, Covent-garden. On the 1st of November I saw this coat hanging on a peg there—I hung it up myself, about twenty minutes past one o'clock in the day—it had a ticket on it, "Lot No. 121. "—I did not miss it till two o'clock the next day—this is the coat.
Cross-examined by MR. CLARKSON. Q. When you saw it again had it he ticket on it? A. It had not—it is a black frock coat—we had perhaps a hundred coats—I cannot tell how many black frock coats we had—know the coat, as on the last day of October I had picked it out to try on a large man, and it was rather too small for him—on the morning of the 1st of November I picked it out again to try on another man, and it was too large for him—I do not know that I ever took more notice of a coat—it has inside pockets, which a frock coat very seldom has—it was bought by a man of the name of Hendry, and we were obliged to return the money—it was sold for 2l. and the duty was 2s.
GEORGE CHAPMAN . I am a pawnbroker, and live in Tottenham-court. road. On the 28th of October I sent goods to Debenham and Storr's to be sold, and amongst them a black frock coat, which I believe to be this.
Cross-examined. Q. Is there any thing about it to enable you to swear to it? A. From the general appearance of the coat, the buttons, and a trifling difference in the shade of the cloth inside.
NOT GUILTY .
was at their auction-room on the 12th of November—I received directions to watch the prisoner, and when I got on the form, 1 saw him with a coat on his left arm, attempting to fold it up—as soon as he saw me, he fixed his eye on me, and passed into the crowd—I gave information.
Cross-examined by MR. CLARKSON. Q. What are you? A. A porter—there were three or four hundred persons there—I did not hear the prisoner bid.
JOHN WICKS . I am in the employ of Messrs. Debenham and Storr. I was in their auction-room on the 12th of November, about three or four o'clock in the afternoon—I received information from Robert Hicks—I passed along, and saw the prisoner drop this coat off his arm—he ran by me—I picked the coat up directly, and looked up at the peg, where he had pulled it from—there hung the string and the ticket, and the buttonhole of the coat is torn out—I took the prisoner at the end of the room—we gave him in charge.
(The prisoner received a good character.)
GUILTY . Aged 46.— Confined Six Months.
JAMES CALVERT . I work for my father, George Calvert, who lives on Islington-green. On the 1st of November, I went with a range to Brunswick-place, Ball's Pond-road, in an iron truck—when I took the range into the house, I left the truck drawn up to the curb-stone—this was about a quarter before nine o'clock—I was away about twenty minutes, and when I came back it was gone—I went to the station-house, and while I was there I heard a truck going past, I went out, and saw Henry Dyer with the truck—it was then about twenty minutes after ten o'clock.
EDWARD LOW (police-constable N 114.) I was in St. Paul's-terrace, and saw the two prisoners putting the truck over the posts at the end of the terrace—they saw me come up, and William Dyer said, "Policeman, will you give me a fill over the posts?"—he said he would give me a glass of gin—I gave them a lift, and asked who the truck belonged to—William Dyer said it belonged to him, that he came from Rotherfield-street, he was going to the floor-cloth makers, to get some floor-cloth, that the other person was a young man he had hired to help him with it to his house.
Cross-examined by MR. CLARKSON. Q. Did you state at Worship-street that he said the truck belonged to him? A. Yes—it was about half-past nine o'clock at night when I saw them—I saw William Dyer again at half-past one o'clock, he said he had fallen into the river—he asked where his brother was—I said I would take him to the place where he was, and took him to the station-house—he appeared to be drunk.
NOT GUILTY .
81. THOMAS EVANS was indicted for stealing, on the 14th of November, I bag, value 1d.; I brooch, value 4s.; 1 buckle, value 5s.; 2 sovereigns, and 2 half-sovereigns, the property of Laura Matilda Gason, from her person.
MR. CLARKSON conducted the Prosecution.
LAURA MATILDA GASON . I am single, and reside with my mother in Lincoln's Inn-fields. On the 14th of November, I was walking in High-street, Bloomsbury, towards Oxford-street, at a little after five o'clock—two young men came up to me, and one of them, which was the prisoner, came from behind me—he asked me the way to St. Giles's-in-the-east—one of them had a Mackintosh on—I did not notice the other—I did not give the prisoner any answer, but I drew back from him, and I found that the string that confined my bag was loosened—I was not aware at that time that there were more than two persons together—when I saw them they had hold of each other's arm—it was when I drew back, that I felt the string of my bag loosened—it was on my right arm, and twisted round my wrist—I looked at my arm immediately, and my bag was gone—no part of the string remained on my wrist—the two persons were then on my lefthand side—I should imagine the person who took my bag must have been behind me—I imagine it was cut from my right arm—I had in the bag a purse, containing two sovereigns, two half-sovereigns, and some silver, a brooch, a buckle, and some other things—on observing that my bag was gone, I went up to the prisoner, and said he had taken my bag—he said he was surprised at my saying so, as he was quite innocent—as I was speaking, he stepped some paces from the pavement, and across the way—I saw him stopped—his companion passed on towards Oxford-street—my bag was produced to me yesterday, but none of the money was in it.
Cross-examined by MR. DOANE. Q. You were walking alone? A. Yes—I never noticed these persons till the prisoner spoke to me—I went from Lincoln's-inn-fields, up Little Queen-street, into Holborn—I felt the string of my reticule loosened, and at that moment it was gone—I was alarmed—I am not aware that I screamed—I think I did not—I had a shawl on—I think I can say that none of the ribbon remained—I looked at my wrist, and I neither saw my reticule nor the string—it had been twisted once round my arm—it was not torn from my arm with violence—my notion is that it must have been cut—it was dusk, not dark.
MR. CLARKSON. Q. When you went to the station-house, did you take any of the string with you? A. No.
ELLEN GORMAN . I am single, and live with my aunt, in May's-buildings, Down-street, Piccadilly. On the day stated I was in Holborn, nearly opposite Turnstile—I observed three young men walking arm-inarm, the prisoner was one of them—the prosecutrix was walking before them—I observed the three persons looking all over the lady's person—they sometimes parted, and went before, and sometimes behind her, and looked at her—she did not notice them, but I did—I first noticed them near Turnstile—they went on in the direction the prosecutrix did till they got to the timber-yard, nearly opposite St. Giles's church—I then saw two of them go before the lady as if they were going to speak to her, and the third one stopped at her side on her right hand—I did not hear what they said, but when the two went before her, I observed the third one stoop down, and cut the lady's reticule—the prisoner crossed the road—his companion went straight on towards Oxford-street, and the one that had the bag ran towards Holborn—I did not cry out, nor did the lady, but I observed her speak to the prisoner—I saw Young catch hold of the prisoner—he took him into a shop, and I observed the policeman who came up pick up a piece of black ribbon from the prisoner's shoe—I observed the prisoner
have something about his mouth—Mr. Young said, You are swallowing something"—the prisoner smiled, but said nothing.
Cross-examined. Q. Where do you live? A. At No. 6, May's-buildings, Down-street, Piccadilly—I have lived there about two months since I have been out of place—I was in place at King's-cross, and at Goldensquare—I was in Holborn, very near to Turnstile, nearly opposite Lincoln's-inn—I have been down that Turnstile once—I do not know whether it leads to a dead wall—I never noticed the wall, but it was nearly opposite that Turnstile which is a long straight passage—they kept on the same side of the way—the two persons who spoke to the lady were in front of her, and the third, who was engaged in cutting the reticule, was on her right side—I then saw the lady speak to the prisoner.
THOMAS YOUNG . I live in Marshall-street, Golden-square. On the 14th of November I met the prosecutrix at the corner of Plumtree-street, Holborn—she was going towards the church—I saw six persons about her—the prisoner was one—I think two of them were full-grown men, and the other four boys—I only noticed three in particular—one of them was about the prisoner's height, and he had a cape on the same as the prisoner had—they were walking in a very confused manner, sometimes before, and sometimes behind the lady, and then they were in conversation together——they were walking rather fast—I had a child which I was leading, and from what I saw I suspected the persons, and took the child up in my arms that I might follow them more readily—I was about six yards behind the prosecutrix when I heard her cry out—I went, and seized the prisoner, who had got off the curb, and was going to cross the road—I should think he had got about six yards from the lady—I pulled him against the cutler's shop—he put his hand into his pocket, and swallowed something, which I could not prevent on account of having the child in my arms—the police-man came up, and the prisoner was taken into the shop, but I did not go in—I had observed his companions separate—I could identify two of them if I saw them.
JOHN CRISPINRAWLEY . I am inspector of the E division of police. I was at the station-house on the 14th of November—there is a bar in the room where we receive prisoners, behind which they are placed, and the person who gives the charge come through the bar into a room—I observed the prosecutrix come in, she passed about a yard from where the prisoner was standing—after the charge was taken the prisoner was taken to the lock-up place, and after that I observed a piece of black ribbon on the floor, about half a yard from where the prisoner stood—the prosecutrix had to pass to go into the room, and again as she came out—the ribbon laid about halfway between where the prisoner stood and the prosecutrix passed.
JOHN WILLIAMS (police-constable E 31.) At a quarter past five o'clock that evening I was passing down High-street, and I saw Young had hold of the prisoner'—I took him into a cutler's shop—I found on him 21/2d. and a comb, and a Mackintosh hung across his arm—I removed the Mackintosh from his arm—I then went to feel down his trowsers, and picked up this piece of ribbon from the toe of his shoe—the prosecutrix was then sitting on a chair, two yards from him.
Cross-examined. Q. But you all went in together? A. The prosecutrix went in first—the lady of the shop was in there, and the witness was at the door—I did not hear the lady of the shop say, "Here is a piece of ribbon the lady has dropped. "
BRIDGET HART . I am nine years old, and am the daughter of John Hart, who lives in Clark's-buildings, St. Giles's. On Thursday, the 14th of November, I picked up a bag over the area of No. 3, Clark's-buildings—there was a pencil in the bag, and two little round things—I took the bag up stairs, and it was given to my father.
GUILTY . † Aged 18.— Transported for Tap Years.
MR. PRENDERGAST conducted the Prosecution.
WILLIAM HOUSEMAN . I live in Abbey-road, St. John's-wood. On the 7th of November I was sitting with my family, and heard a noise in the hall—I went there, and my cloak was gone—it was brought back by my son in about ten minutes.
GEORGE VERNON HOUSEMAN . I am the prosecutor's son. I heard a noise in the hall, and my father's cloak was missing—I went out to call the policeman, and as I returned I met the prisoner with the cloak—I asked him whose cloak be had—he said, "It is mine"—I said, "Let me look at it"—he flung it in my face and ran off—it is my father's cloaklooking in the hall I observed the foot-marks of a person without shoes stockings—when the prisoner was taken he had no stockings on—he had shoes on, and when they were taken off, his feet were very dirty.
Prisoner's Defence. I picked up the cloak, about forty yards from where witness met me.
GUILTY . Aged 32.— Confined Six Months.
JOHN PATERSON . I am warehouseman to Richard Lewellin, and two others, Manchester warehousemen, Wood-street, Cheapside—the prisoner sold goods fur my employers on commission. On the 28th of September he asked me for a piece of print for a shipper or merchant to offer as a sample of a lot—he had had patterns previously—he returned, and said he had shown the print to the shippers—I gave him a piece of twenty-eight yards, and after be had it I inquired who it was for—he said it was for Dunsford and Turner—he was to take an order for the goods—I meant to them to Dunsford and Turner—he did not come back to bring me the money—he ought to have left the print at Dunsford and Turner's, or to have brought me the money, if they had bought it—he did not bring back the goods—he came back on several occasions after—I asked him when the sale was to take place—he stated that Dunsford and Turner's agent or agents in Manchester were purchasing for them at the time, and they were waiting to receive an account of what goods their agent had purchased—some few days after the 28th of October, he not having come for some time, I went to Dunsford and Turner's—when I caught the prisoner I asked him what he had done with the goods he had—he refused to give any account of them—I sent for a policeman, and gave him into custody—the goods are here now—these are what I gave him to sell.
Cross-examined by MR. BALLANTINE. Q. How long had you known the prisoner? A. Three or four months—I have known him as a commission agent, from his own representation—I believed him to be so; he had shewn me goods for another house, which goods I afterwards saw at that house—I treated him as a commission agent in that transaction—I did not buy any goods of him—I trusted him with goods because I thought fit to do so—on a previous occasion he came and had patterns, and effected a sale, and had the commission—he afterwards had other patterns, and he said these shippers wanted other goods—I considered him selling goods for us—I considered he was receiving a commission for what he did for us—he was in no other respect a servant of my masters—I do not know whether he was selling goods for other persons—I had known him some time previously—I parted with these goods on a supposition that he had been an agent acting for other houses—Dunsford and Turner were the persons that would have been debited, but there has not been any goods sold—this piece was sent as a sample of a lot—I delivered the goods to him.
GEORGE WILLIAM DUNSFORD . I am in partnership with Mr. Turner—we are merchants, and live in White Lion-court—I cannot swear to the prisoner, but my impression is that I have seen him—I did not authorise him to get any goods from Messrs. Lewellin for my inspection or for samples—he has never brought to me twenty-eight yards of printed cotton—I never purchased or received any from him—there are many persons call, and I cannot say whether he may have called—if there had been any purchased at our house I must have known it—I do not know Messrs. Lewellin.
Cross-examined. Q. You have frequently persons bringing patterns to be looked at? A. Yes, and until I had seen them I should not make a purchase—we do not order the goods, we go to see them—my partner is not here—I had three clerks then.
WILLIAM CLOAKS . I am in the service of Samuel James Wood, who is a pawnbroker in St. John-street—I produce twenty-eight yards of cotton—I was at the Mansion-house—I made no deposition—I took this in on the 28th of September—(I cannot swear to the prisoner, I believe it was him)—in the name of William Brown, 27, Pitfield-street, Hoxton—this is the duplicate.
WILLIAM COLLYER (City police-constable, No. 89.) I was bound over, but made no deposition—I produce the duplicate of this cotton, which I found on the prisoner—it is the corresponding duplicate to the one produced by the witness Cloake—it is dated the 28th of September.
MR. BALLANTINE to JOHN PATERSON. Q. If you had not known the prisoner before, and before trusted him with patterns, and had transactions with him before, should you have trusted him with this piece of cotton?
A. Certainly not.
COURT. Q. He was to take this for a sample? A. Yes, he was to have brought it back or left it at Dunsford and Turner's—he told me who it was for, I think, the very next day.
NOT GUILTY .
JOHN PATERSON . On the evening of the 4th of October, one of the warehousemen told me something, and a few days after the prisoner called and stated to me that be had had a piece of print that day which
he had got for Messrs. Dunsford and Turner—my suspicion being aroused that all was not right, I gave him into custody—this it the piece of print—it is the property of my employers, Messrs. Richard Lewellin and Co.—I had seen the lot—I cannot speak to this one print.
NATHANIEL GOODMAN . I have made no deposition—on the 4th of October the prisoner came to the warehouse, and asked for a piece of goods to show to the same parties that he had had them for before—he did not name who, I knew he bad the goods for a shipper—he put his hand on this piece, and said, "I want one of these"—I took and threw it down on the counter—either he or one of the young men took it up, and I saw the prisoner leave the ware-room with it.
Cross-examined by MR. BALLANTINE. Q. You had known him before? A. I had seen him in the warehouse before—this was between three and four o'clock in the afternoon.
BENJAMIN MITCHAM . I am shopman to Mr. John Walton, a pawnbroker, in Aldersgate-street. 1 produce this piece of print—it was pledged by the prisoner on the 4th of October, in the name of William Burn, 27, Pitfield-street.
Cross-examined. Q. Might he not have called at your house, and shown it, and your partner refused to take it in, and he gone away without your knowing it? A. Oh, certainly.
GUILTY. Aged 34.— Judgment Respited.
85. JOHN SAMUEL WEST was indicted for stealing, on the 1st of November 73 yards of printed cotton, value 42s. 4 shawls, value 3l. 9s.; 140 yards of ribbon, value 2l. 10s.; 27 yards of merino, value 2l. 14s.: 10 pairs of gloves, value 15s.; 36 pairs of stockings, value 2l.; 140 yards of canvas, value 3l.; 144 buttons, value 1s.; 144 hooks-and-eyes, value 6d.; 108 reels of cotton, value 15s.; 1400 yards of tape, value 1d.; 3lbs. weight of pins, value 8s. 3d.; 144 laces, value 6d.; 20 balls of worsted, value 6d.; 2 shawl-handkerchiefs, value 4s.; 28 handkerchiefs, value 14l.; 22 yards of cambric, value 30s.; and 9 yards of muslin, value 14s.; the goods of Thomas Castle and others, his masters; to which he pleaded
GUILTY . Aged 23.— Confined One Year.
MR. PRENDERGAST conducted the Prosecution.
SAMUEL COOK . I am foreman to Mr. James Stones, who keeps the Brecklock-arms public-house, Camden-town. On the 2nd of November I saw he prisoner at the house, in company with Barker and Jones—they were drinking together—they left about half-past ten o'clock at night, and the next morning I missed two geese, three ducks, and eight fowls—I discovered two heads of ducks, and some blood, and a quantity of feathers within a few yards of the place where the poultry had been—I went for policeman, and tracked the feathers from Mr. Stones' house to the prisoner's house—as we were going towards the prisoner's, we met him and
Barker—I went to the prisoner's house, and went up the stair-case—I saw the prisoner, through the staircase-window, deposit out of his pocket a parcel under two boards in an unfinished shed at the bottom of the garden—I went and asked what he had put under the boards—he said, "Nothing"—I took the parcel up, and asked what that was—he said he knew nothing about it—I. then searched the house, and in the kitchen found one fowl stripped of its feathers, and the head pulled off—I looked under the stairs, and found this goose's head, and a parcel of feathers—after that we found a duck thrown over the wall close by the prisoner's house—we found this knife in his trowsers' pocket, at the station-house—it appeared as if it had blood on it—I said, "That is Mr. Stones' knife"—the prisoner acknowledged that it was, and that he had broken it in eating some pie at Mr. Stones', the day before.
Cross-examined by MR. PHILLIPS. Q. Did you know him before that night? A. I did not—to the best of my knowledge he had frequently been there, but I did not know him—I could not swear he was sober when I saw him at the door at half-past ten o'clock—the heads of the ducks that were found, correspond with the heads of those that were lost—I had no marks on them—this is the head of one of the geese—it is white—the heads of geese are grey in general—here is one leg which I know, as one of the claws was torn at the time Mr. Stones bought it—they were alive, and shut up at five o'clock.
MR. PRENDEROAST. Q. You have some feathers here, are they the feathers of your fowls? A. Yes, and the feathers which I found in the parcel under the boards, were the feathers of one particular fowl.
(The prisoner received a good character.)
GUILTY . Aged 53.—Recommended to mercy.— Confined Two Months.
WILLIAM ALLEN . I live in Sloane-street, Chelsea, and am a cheese monger—the prisoner was my errand-boy. On the 9th of October I sent him, between eleven and twelve o'clock, with some cheese and bacon to Mr. Tripper—they had been paid for the night before.
JOHN EATON (police-constable S 193.) I took the prisoner—I asked him if he lived in Sloane-street—he said no, but on the way to the station-house he said, "I was sent to Eaton-mews with the things, and a boy named Jack Payne met me, he persuaded me to take them to White Lion-street, and we sold them for 1s. 6d."
GUILTY . Aged 15.—Recommended to mercy— Confined Five Days and Whipped.
88. EDWARD LANGTON was indicted for stealing, on the 31st of October, 4 pewter-pots, value 4s., the goods of Brice M'Gregor; I pewter pot, value 1s. 9d. the goods of Daniel Harris; and I pewter pot, value 1s., the goods of Thomas Higgins.
Guards. These four pint-pots are mine—I do not know when they were lost.
Prisoner's Defence. I was in great distress. I found these pots bent as they are now.
GUILTY . * Aged 27.— Confined Six Months.
89. GRENVILLE HUGH WILLIAM FUZZENS was indicted for stealing, on the 9th of November, 2 shawls, value 1l.; 2 scarfs, value 8s.; and 1 handkerchief, value 1s.; the goods of Elizabeth Collins; and Shirt-front, value 6d., the goods of John Fuzzens; and MARY ANN NORRIS , for feloniously receiving 2 shawls, part of the said goods, well wing the same to have been stolen; against the Statute, &c: to which FUZZENS pleaded
GUILTY . Aged 1Q.— Transported for Seven Years—Isle of Wight.
ELIZABETH COLLINS . I am a servant out of place; I lodge with a woman in Molyneux-place. Fuzzens's father lives in the next room to he—Ilost the property stated from my box, which I kept in Fuzzens's kitchen—these two shawls are mine.
Cross-examined by MR. CLARKSON. Q. You had known Mr. Fuzzens or some time? A. Yes, and the room being small, I put my box into his room.
JOHN FUZZENS . I am a policeman, and am the prisoner's father. The prosecutrix's box was in my room—I missed my boy and the property—I was in search of him from the Saturday till the Monday—I found him at a house in Providence-place—I asked how be could be such a bad boy as to break the box and take the things, and what he had done with them—he said he had sold them to a woman at a shop in Shouldham-street—I gave him into custody, and went with him and the constable to the house where he pointed out the prisoner Norris as the person who bought the things of him—I asked Norris where the things were that she had bought of the boy, and I think she asked if they were stolen—she went up stairs, and fetched down the largest of these shawls—I asked her what she gave him for that—she said 1s. 6d.—I then asked where the other was—she called a little girl, who brought her down this other shawl—I asked what she gave him for that—she said 1s.—I asked how she could boy shawls of much greater value than what she gave for them of so young a boy—she said she did not know the value, that she asked him his address, and he said he lived in Molyneux-street, that his mother was very much in discress, and wanted something to get a dinner for Sunday—bat his mother is lead.
Cross-examined. Q. How long have you had reason to believe this boy has been bad? A. Ever since he was eight years old, he is now eleven—I have tried every means to reclaim him—I have had him twice before the Magistrate—my wife has been dead ten months—I live in the room I
did when she died—I did not hear the Magistrate say they ought to go out of the door and settle it—Norris keeps a wardrobe shop.
NORRIS— NOT GUILTY .
Fifth Jury, before Mr. Sergeant Arabin.
90. GEORGE TAYLOR and JAMES TAYLOR were indicted for stealing, on the 28th of October, 1 spade, value 2s. 6d.; I mattock, value 2s. 6d.; and 39lbs. weight of iron, value 1s.; the goods of Thomas Tubb.
WILLIAM JAMES BUDD (police-sergeant S 1.) On the 29th of October I met the prisoners in High-street, Camden-town, about half-past ten o'clock—George was carrying this old iron, and James carrying this mattock and spade—I followed them till I got assistance—George then had the tools, and James the iron—I then asked what they had got and George answered, "It is my own"—I said, "Perhaps it is, but you will tell me where you brought it from"—he said from Mr. Fennell's, at Highgate, where he had been at work, digging potatoes—I said, "Do you use such tools as these in digging them?"—he said yes, and he had been at work there two days—I said I did not believe there was such a name—he then said he had forgotten the name, and said he found the tools in a ditch—they gave me their true address.
Cross-examined by MR. HORRY. Q. Have you inquired whether there was such a person as the person they say they worked for? A. I have, and could not find such a person—they had this iron in a sack—the place I met them at is one way to Highgate.
Cross-examined. Q. When did the policeman come to you? A. On the Thursday, I believe, and I had used the spade on the Monday—these pieces of old iron were in the stack-yard—I missed some of them on the Wednesday morning.
G. TAYLOR— GUILTY . Aged 23.— Confined Three Weeks.
J. TAYLOR— NOT GUILTY .
91. WILLIAM FAULKENER was indicted for feloniously receiving, on the 18th of October, of an evil-disposed person, 400 pamphlets, value 30s.; and 40lbs. weight of printed paper, value 10s.; the goods of Richard Jeremiah Clay; well knowing them to have been stolen; against the Statute, &c.
RICHARD JEREMIAH CLAY . I am a printer, and carry on business on Bread-street-hill. I had seen the prisoner once, and I believe no more—I have found a great many pamphlets, and this description of papers, and I judge by that that I have lost them.
Cross-examined by MR. PRENDERGAST. Q. You had a great quantity of waste? A. Yes—we have no refuse, as we have no cutting press—I employed Mr. Meyrick, and he employed the prisoner—these pamphlets are mine—they were printed many years ago—they are probably not; worth more than waste, but they are not what we call waste—I print for various publishers, and what they do not take remains with me, and is my property—this is good waste, and is useful to me in various ways for setoff sheets.
Mr. Clay asked mo to clear away his waste paper—I gave the prisoner leave to go and take it in my name.
Cross-examined. Q. Were you to pay any thing for removing it? A. No—the person I succeeded in business paid for it, but Mr. Clay gave me the paper for clearing 7it away—I have had a trouble to prevent things being taken which were not waste—the lads came from Mr. Clay's for bags to put the waste in at the office, pamphlets and other things have come down in the bags, and I have taken them out myself.
GEORGE BROWN . I am in custody, and I am in the employ of Mr. Clay—the prisoner took away the waste for a length of time—about three months ago he complained of its being so bad, and asked me if I could not make it a little better—I gave him a little of what we call better waste, and he put them in the bags himself.
NOT GUILTY .
JOHN MOORES . I am a farmer and live at Harefield, in Middlesex. On the 1st of November I had been to London, and on my way home I met the prisoner at the Horse and Groom public-house at Uxbridge, about a quarter before ten o'clock in the evening—I knew her before, as she had been hay-making for me last summer—she asked me to give her something to drink—I gave her and her companions a glass of peppermint and took one myself—as I was coming out at the door, the prisoner caught bold of my left arm and said, "Come along, I want to speak to you—she led me about six yards, then gave me a twirl round, and got my purse out of my breeches pocket and ran off—I said to my boy, "Run boy, run, she-has got my purse"—I had 2l. 5s. in ray purse—she ran round by the market-house, and the police-man afterwards took her—I have never seen my money again, nor the purse—it had been in my right-hand breeches pocket—I did not give it her at all. nor attempt to take any liberties with her.
WILLIAM ROBINSON . I work for Mr. Moores—the prisoner had worked for him as a hay-maker—I was at the public-house when this happened—the prisoner said to my master, "John Moores, you owe me for a day and a half's work"—my master said, "No, I paid you every thing"—we went from that public-house to the Horse and Groom public-house, and the prisoner came and said, "Will you give me something to drink?"—my master said, "I am going to have a pint of beer, and you shall have part of it"—we went, and instead of having beer, we had some gin and peppermint—we drank it—as we came out, the prisoner came and said to my master, I want to whisper to you,"—she took him about six yards, turned him round, and drew the purse out of his pocket—I saw it in her hand as she was running off to the market-house.
CHARLES FINCH . I live at Uxbridge. I was there on Friday night, the 1st of November—I saw the prisoner take the purse out of the prosecutor's pocket—he hallooed out, "Run boy, run, the girl has got my purse"—she ran away—I went and told the policeman where she lived—we went to her house and took her.
Prisoner's Defence. I never robbed him, there were two other women came out at the same time.
GUILTY . Aged 37.— Transported for Ten Years.
JOHN BARTHOLOMEW . I am an upholsterer, and live in Gray's Inn-road—the prisoner had been some time my porter. I found a pound and three quarters of horse-hair in the stable on the 1st of November—it ought not to have been there—I marked it and left it—the prisoner had access to that stable, and as he was going that evening, I called him back, and asked him if he had any thing upon him—he said "No"—I said I thought he had, and he had better go with me to the station-house, and on the way he asked me what I thought he had got—I said, "Horse-hair"—he said, "If I confess, will you forgive me"—I said, "No"—I took him to the station-house, and found this on him.
Prisoner. This is not horse-hair, it is goat's-hair. Witness. It is a mixture of horse and goat's-hair—in the trade it is called horse-hair—I did not give the officer any thing.
Prisoner's Defence. My wages not being sufficient to keep me, I had a small business of my own, and went on the 1st of November to a factory and purchased 13/4lb. of curled goat's-hair, but it being dinner hour, I had not time to take it to where I had a sofa to repair—I took it to the prosetor's and kept it there till I went home—my mother has been to the prosecutor, and he said he was sorry for what be had done, as the hair was not his property.
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Six Months.
THOMAS HILL . I am a cab driver. On the 6th of November I left my cab in Lambeth-street, near Flying-horse-yard—when I returned in about ten minutes, the coat which I had left on the box was gone—my wife went and succeeded in finding it—this is it—(looking at it.)
ANN HILL . I am the prosecutor's wife. I went down Rosemary-lane, and as I returned to the end of the Minories I met the prisoner with the coat—I knew it by the lining—I let him pass—I then saw the cuffs and knew it—I took him by the collar and struggled some time, but I never let him go till he was in the hands of the officer.
Prisoner's Defence. I was sitting at home at a quarter before eight o'clock—a young man asked me to go and sell it for him—I was going and met this woman—the other man went away.
GUILTY . Aged 20.— Transported for Seven Years.
95. JOHN BROWN and WILLIAM SMITH, alias Giles , were indicted for stealing, on the 25th of October, 3 shirts, value 5s.; one pair of stockings, value 1s.; one frock, value 1s.; and one pair of drawers, value 1s.; the goods of Jonathan Jaques.
CHARLES HAGAR . I am a policeman. On the 25th of October I was in Limehouse between eight and nine o'clock, and saw the two prisoners and another person together—I noticed them coming up the street—I knew them before—I was about to speak to them—they turned up New-street
saw me following them, and ran—I west down another street and met them—I caught Smith and he dropped a shirt by his side—he said he had been down to wash—I then took him into a shop, and found the stockings in his pocket—Brown had then ran away—I found him the next night—I am quite positive he is the person—I should think they were a mile from the prosecutor's.
MARY ANN JACQUES . I am the wife of Jonathan Jacques—he lives at Blackwall—these are our property—I lost them from the yard at the back of our house—there were three shirts—two of them are Wet, and a pair of drawers. Smith's Defence. I bought the shirts and stockings in Ratcliffe Highway.
BROWN*— GUILTY . Aged 20.
SMITH*— GUILTY . Aged 17
Transported for Seven Years.
RICHARD ENSELL . I keep a linen-draper's shop in Broad-street, St. Giles's. On the 26th of October a person gave me information—the prisoner was not a yard and a half from the shop at the time—I looked at her cloak, and saw a bulk under it—I staid for a minute for a policeman—when she saw she was observed, she threw this calico down by the rails at the window—I took it up and took hold of her—it had been on a chair at the door.
Prisoner's Defence. I was coming up Drury-lane, and picked it up by the window.
GUILTY . Aged 29.— Confined Six Months.
WILLIAM RADBURN . I am a lighterman, and live in London-street, Ratcliffe. I have known the prisoner about two years—I have occasionally employed him for steering the craft up and down the canal—I was at the Rose and Crown public-house on the 29th of September—the prisoner came in with another man afterwards—while I was passing to go out, the other man held me, while the prisoner took my money out of my pocket—he took four shillings and one sixpence—I called the landlord—I held him—in five or six minutes the man who were with him got away—they threatened to punch my head for interfering with them—I accused the prisoner of robbing me—the landlord came—I kept the prisoner—the landlord searched him—he said he had no money, and none was found on him.
WILLIAM MOORE . I am pot-boy at the Rose and Crown public-house at Cambridge-heath, Hackney. I was in the tap-room, and saw the prosecutor near the door coming out—the prisoner and his companions stopped him, and made a sort of hustle—as soon as the prosecutor got away, he called out to the landlord, and told him he had been robbed—While he was telling the landlord I saw the prisoner take something from his mouth, and give it to the other man—I told my master, who sent me for a policeman—when I came back the other man was gone.
went and told the prisoner—he denied it—I told him to take off hit things—I could find no money—my servant called me out, and told me something—I said I would search the other man, but he sprung from me, and said he would search the prisoner himself—he put his hand down to his right-hand trowsers' pocket, and I heard some money jink—I said, "I hear the money jink," and he took out 3s. 6d., threw it on the table, and said, "There is the money"—the other got away, and the officer came and took the prisoner.
Prisoner's Defence. I went in and sold an article for 2s. 6d.—the prosecutor was there larking—he shoved me on the fire, and I shoved him on, there was a crowd altogether, and then the prosecutor said, "You have robbed me of 4s. 6d."—I said, "I will be searched"—I gave them 2s. 6d., and then he came and took 3s. 6d. from my trowsers.
GUILTY . Aged 25.— Confined Three Months.
HUGH WILLIAM RUEL . I am a refiner, and live in Broad-street, Bloomsbury. About six o'clock in the evening of 5th of November I was in Holborn—I had a handkerchief in my coat pocket—I felt it go from my coat pocket—J turned round, and. saw the prisoner crossing the road—I went after him, and charged him with taking my handkerchief from my pocket—he said he had not, but a boy had—I took his collar—he let the handkerchief fall—I took it up, and gave him into custody.
Prisoner's Defence. I was crossing the road, and dragged the handkerchief with my foot.
GUILTY .* Aged 20.— Transported for Ten Years.
CHARLES SMITH . I keep a shop for Mr. Philip Spencer Harrison, in Victoria-road, Pimlico. We had a boiler on the 9th of November—the officer came and asked me if I had lost it, and I then missed it—this is it.
Prisoner's Defence. I was going to purchase it—I took it up, and the lid fell off—I was intoxicated.
GUILTY . Aged 28.— Confined Six Months.
(There was another indictment against the prisoner.)
100. GEORGE THOMPSON was indicted for stealing, on the 14th of November, 2 knives, value 2s. 6d., and I teapot, value 2s., the goods of George Richardson; and that he bad been before convicted of felony.
GEORGE RICHARDSON . I keep a shop at Kensington. I had some knives and teapots in the window on the 14th of November—they were safe at seven o'clock in the evening when I went out, and when I returned between ten and eleven o'clock the articles stated were gone—I found them and the prisoner at the station-house—I do not know him.
JOHN EVANS . On the evening of the 14th of November I was going up High-street, Kensington, and saw the prisoner take the things out of the prosecutor's window—he came out, and gave something to another boy, and they all ran towards London.
Prisoner. Q. Did you see me take the teapot? A. I saw you take down the guard, and take the things from the window—there was another boy outside, and you came to him.
PATRICK HAMMERSLEY . I am a policeman. I took the prisoner about half-past eight o'clock that night—he was in company with two others—I found these two knives on his person, and I found the teapot the next morning close to the spot where the prisoner was taken, within the railings of Hyde-park.
Prisoner's Defence. I had been to Kingston fair, and as I returned I met two boys—I got talking to thorn, and when I was taken I was twenty yards a-head of them—they came running after me, and showed me the knives—I took them in my hand to see what was the value of them—the boys ran away, and the policeman took me.
GUILTY . Aged 14.— Transported for Seven Years—Convict Ship.
OLD COURT.—Friday, November 29th, 1839.
Third Jury, before Mr. Sergeant Arabin.
101. GILES COLLETT was indicted for stealing, on the 29th of August, 72 knives, value 4l.; 48 forks, value 2l.; I bottle-jack, value 9s.; 12 spoons, value 4Is.; I bell-pull and crank, value 1s.; and one brush value 1s.; the goods of John Prowse, his master; to which he pleaded
GUILTY . Aged 34.— Transported for Seven Years.
GUILTY . Aged 23.— Transported for Seven Years.
GUILTY . Aged 23. Recommended to mercy.— Confined One Month.
104. REBECCA BECK was indicted for stealing, on the 3rd of November, 4 sovereigns, the monies of Richard Pearce, her master; also for obtaining 3 sovereigns by false pretences: to both of which she pleaded
GUILTY . Aged 17.— Transported for Seven Years. (Recommended to the Penitentiary for One year.)
ADOLPHUS DURIEU . I am a tallow-chandler, and live in Drury. lane. The prisoner was my candle-maker—his wages averaged 20s. week—I missed small sums out of my till from time to time in consequence of which I marked twenty-four penny pieces, and twelve halfpence, and put them into the till, about eleven o'clock on the night of the 11th—next morning I went into the cellar where he was at Work, I said some money had been taken from my till during the morning, and it
must have been taken by him or his boy—he said his boy had not been into the shop—I said I supposed he would allow me to look into his boy's pockets—he turned them out, and he had none of my money—I then asked to look at his, and he presented me with a penny and a halfpenny—the penny I immediately recognised to be one I had marked—I had called two policemen to the head of the stairs, and directly I saw it was my penny, I said, "Halloo, come down"—I saw the prisoner go to a tub of tallow, and put something in—I gave him into custody, and he was taken to the station-house—I searched the tub afterwards, with the policemen, and six penny-pieces and two halfpence were found, all of which I had marked.
Cross-examined by MR. PAYNE. Q. What is the mark? A. My initial D, with the point of a pen-knife—the till was locked—none of the halfpence were taken out of the till and placed on the counter—I locked the till, and laid the key in the drawer, a place I supposed only known to ray confidential men, whose business it is to look at the till in the morning—I had not paid any of the marked money away—the prisoner is married, and has three children—he lived with me fifteen or sixteen months, and before that with Mr. Davis, of St. Martin's-lane, for two years—I had a good opinion of him.
Cross-examined. Q. Did you see the prisoner go to the tub? A. He was standing at the tub at the time he was taken.
GUILTY . Aged 39.—Recommended to mercy.— Confined Six Months.
Before Mr. Baron Parke.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
SARAH BAILEY . I am the prisoner's sister—my husband is a shoemaker, living in York-street, St. Luke's. On Monday afternoon, the 18th of November, the prisoner came to our house about four o'clock—when I came down stairs I went into the room where he was—I was very much alarmed at his appearance—he put his hand out, and gave me the key, and said, "There is the key," three times—he then appeared almost choked, and said he was a murderer—he got up and asked me to come and see, several times, and he put my bonnet on, and took me round the waist, and said, Come and see," again—we went out—he was walking with a very firm step, with my brother John, till we got to the middle of St. Luke's madhouse, where the pavement was—(my brother John and his wife had come out with him besides me)—he then rushed from my brother John, came and seized me by the hand, walked a few steps further, and then looked round for my brother again, and when we were both together, be plunged his arms out again, and said, "A murderer"—I was very much alarmed at his appearance then, and called a coach—we all got in, and got out near Chapman-street—the prisoner and his wife lived in Chapman-street—when we got out he went up one street and down another, as though he wanted to go in, and did not like to—I had the key—they were talking about half-and-half, or something.
Q. Was the door opened? A. I waited, and I thought I should have fallen down in the street, and I went into Mrs. Hawes's, the green-grocer's—I at last went into the prisoner's house—I got to the door first—I tried to
open the door, but could not—my brother William then tried, and he could lot—I think my brother John opened it—I then went in—I found the deceased, my brother's wife, in the house, on the floor—her christian name was Elizabeth—I felt about, but I could not see where she was—I got hold of her hand, and felt it was warm and stiff, and I asked if I should fetch a doctor—the prisoner then seemed very much agitated, and said, "Oh, she is dead," three times—I could not stay any longer—I got out of the house.
Cross-examined by MR. RYLAND. Q. When he told you he was a murderer you did not believe him, I believe? A. No, I did not—I said, "No, you never can be," or something to that effect—I was very much alarmed by his general appearance, his head looked such a size—I was unwilling to go with him at first—I did not believe it was so—he pressed me to go.
Q. Did he appear, during the whole time you were with him that day, like a man in his senses? A. He did not, he was a distracted man—I have seen him and his wife very much together—I lived with them for three years—he appeared very fond of his wife when sober, and when he was drunk too, unless he was aggravated to passion—his general conduct to her was kind and affectionate—I have seen him very much aggravated—mostly his distracted times were when he has expected her home, and she has not come home till the middle of the night—he has been waiting, expecting her to come home, and when she did not come home he would go out and get drunk—he appeared to me to be rendered very unhappy by her conduct—they were both given to habits of drinking—I have seen her in a state of intoxication many times—I have seen her strike him when in that state, and my brother came one day and told me she had attempted to cut her throat—I had never seen her do so—when she has struck him he has most times borne it patiently—he used to say she could not hurt him—he was a man who, when he was ill, would never say he was ill.
Q. Do you know of his ever having fits, falling fits? A. The deceased told me that he had one fit, I saw him in one—the doctor said it was a fit of apoplexy, at one time, and he bled him—that was when I lived with them, I should think five years ago—that was not when he fell on the fender, that is many years ago—I do not know whether that was from a fit—I cannot say how long ago that is, but I should think it is fourteen years.
MR. BODKIN? Q. What is his trade? A. A hair-dresser—he attended his trade down to the time of this unfortunate affair—he used to shave people, and dress and cut their hair.
JOHN LEES . I am a brick-maker, and live in Broad-yard, Lower-road, Islington—the prisoner is my brother—Sarah Bailey is my sister. Last Monday week I was engaged in removing some things of hers, to her house in York-street—between three and four o'clock in the afternoon, I was in the back-parlour of her house with my brother-in-law, Benjamin Bailey—the prisoner came in, took Bailey by the hand, kissed him, and said he was a murderer—he did not say of whom—he said nothing more than I have said—he produced a rope from his pocket, but said nothing, and he produced the key of his door to his sister—he lived in Lower Chapman-street—he did not say what he produced the key for—we then accompanied him to the coach-stand in St. Luke's, and went in a coach to Chapman-street, with my wife and sister—he wished us to go with him the coach stopped before we came to his house, in a street in Chapman
street—I cannot say who paid for the coach—I know the Chapman's Arms public-house, kept by Pedder—the prisoner and I went into the Chapman's Arms public-house, and the women went over to the green-grocer's—the Chapman's Arms is not far from the prisoner's house—the prisoner called for a pint of half-and-half and a pipe of tobacco, and I had a pipe—I did not believe what he had said, that he was a murderer—he was not sober then—he appeared drunk when he came to me—I did not rely on what he said—he and his wife were both in the habit of drinking, and when drunk were very quarrelsome and very passionate—I cannot say how long we staid at the public-house—it was not half-an-hour—I did not smoke my pipe out before we went away—I do not recollect whether I saw Kaines—after being in the public-house a short time, the prisoner took the half-and-half into the tap-room or parlour, I do not know which, and I went out to see for my wife and sister—they were over at the green-grocer's—I did not hear any conversation with any body in the public-house—I do not recollect whether Kaines was there—when I went to the greengrocer's I left the prisoner in the Chapman's Arms—I went with my wife and sister towards the prisoner's house—my sister had the key—she tried to open the door, but could not, and I unlocked it—we all went in but my wife—she came in in a few minutes, but could not stay, and went back again—this was between four and five o'clock—it was the shop-door I opened—the shop was dark—when the door was opened my sister felt about—I do not remember her saying any thing—I could not discern any portion of the body of the deceased, it was too dark—the prisoner fetched a light—he had not come to us from the public-house—when we came from the green-shop he was coming out of the door, and we went down together—he went to fetch a light, and returned with one—when he brought the light, I discovered his wife lying on the floor of the shop, dead—I was agitated, and did not take particular notice of the body.
Cross-examined. Q. When he said he was a murderer, you did not at all believe him? A. No—I am his own brother—I did not consider him a man at all likely to commit such a crime—he appeared very much distracted—he is no better than a madman when he has been drinking—he appeared to have been drinking—when I discovered the body of his wife, I told him, if he had done it, to resign himself, not knowing who had done it.
Q. Did he. say any thing on that? A. He began to sing and whistle—I was only absent from him a few minutes when I left him at the public-house—when I went there again, I saw him coming out, and he went with me towards his own house—I have not seen him and his wife much together—she was given to habits of drinking—they were both given to it—I never knew that she kept bad hours—all I have stated is true, and I cannot say any more.
GEORGE FRANCIS KAINES . I am a book-binder, and live in Lower Chapman-street, St. George's-in-the-east—I am no relation to the family. On the Monday afternoon in question I was at the Chapman's Arms public-house, about five o'clock—I saw the prisoner there—I knew him before—he came in with his brother, the last witness, while I was standing there—he accosted me by name, and asked me either to give him some tobacco, or had I got any tobacco—I said I had not, but I would fetch him some—I was receiving some money at the house—it is a corner house—the prisoner passed me, and was about to go out at the other door—he
had come in at one, and was going out at the other—this was not a minute after he spoke to me about the tobacco—his brother caught hold of him by both collars of his coat, and said, "Bill, you shall not go, you are a murderer, you hare murdered your wife, and his brother said the Almighty required him for something—but the rest of the sentence I lost—the prisoner said nothing to that—I looked at him, and saw he was very agitated, and very pale—he must have heard what his brother said—when I looked at him, I noticed some blood on his shirt collar, and one of his hands was covered with blood—I cannot remember which hand, as I did not notice—it was not spots of blood on his shirt-collar, but as if it was a smear with the thumb, or something—when the brother took hold of him by the collar, I asked the brother if it was so—he seemed agitated, and said it was, and that his wife laid dead on the floor of the shop—he said that in the hearing of the prisoner—the brother appeared very much agitated—the landlord of the house was about to send one of his sons for an officer, and I intimated to him, by a nod of the head, that I would fetch one—I went immediately to the prisoner's house, and found two females standing on the step of the door, crying—I believe it was the two witnesses—the door was shut at that time—I brought a policeman to the public-house, and when I got there the prisoner and his brother were gone—the landlord gave me some information, in consequence of which I went after the prisoner, towards his own house—I passed through the Rein Deer public-house in Richard-street, into James-street, and found the prisoner towards the Commercial-road end of the street, walking in a direction to the Commercial-road, which is in a direction from his own house—there was no one with him—I and the policeman went up to him—I said to him, "Where are you going?"—he said, "I am going up here"—I said, "Come along with me"—he turned round to come with me, and the policeman laid hold of him—he said he did not want any policeman, he would not go with a policeman—I said, "Come with me, you and I will walk together," and him and me walked arm-in-arm to the station-house, the policeman sometimes behind, and sometimes by the side of us—he went with me quietly to the station-house after that conversation—after he was searched, I went back to his house, and saw the body of the deceased lying on the floor, close to the back door, with her head to the fire-place, quite dead, and appeared to have been dead some hours, two hours, I might say, for she was quite cold—the inspector was there before me—I was not acquainted with the deceased.
Cross-examined. Q. Had you known the prisoner some years? A. Yes—I should say six or seven years, being in the neighbourhood—I never heard of his being subject to fits—he was given to drink occasionally—he did not appear exactly sober on this day, but he was not so bad as I have often seen him—he seemed quite calm, except the excitement from drink—he appeared excited from drink—he did not make the least resistance to coming with me—I was present when he was first taken before the Magistrate—he was taken very ill there in a kind of fit, and was bled very copiously by a surgeon—that was on the Tuesday.
JOHN LEES re-examined. Q. After you discovered the dead body of the prisoner's wife, did you go again into the Chapman's Arms public-house, to your recollection? A. I was agitated, and do not know what I did or said—I was sober—I had not had any thing to drink.
sister-in-law, Sarah Bailey, on Monday, the 18th—I was up stairs when the prisoner came there—I came down shortly afterwards, and saw him—I cannot say the words he said, I was so agitated—he said he was a murderer, but did not say who he had murdered—I accompanied him and my husband and sister-in-law to his house—we all went out together—we were not able to go in at first—my sister went in, but I stood at the door.
Cross-examined. Q. Had you known his wife long? A. Yes, from a child—I know they were both given to drink, both quarrelsome, and both very passionate—she was in the habit of staying out late at night, against his will—I have seen him made very unhappy by her doing so.
Q. Have you seen him do, or attempt to do, any thing to himself when he has been acquainted with her conduct? A. I have not been acquainted with him to be much with him.
MR. CLARKSON. Q. Had you seen any thing of the deceased on the 18th of November, before you saw her dead? A. No.
JOHN LEES re-examined. Q. Try and recollect what took place after you had been in the house—do you recollect going to the Rein Deer public-house? A. Yes, the prisoner went there with me—he went out, and I followed him into the Rein Deer—he called for a quartern of gin—I do not know whether he drank any—I did not, and do not think he had any—he went into the back garden of the Rein Deer—I followed him—he afterwards went into the Chapman's Arms public-house—I do not know who was there, nor what I said or did.
Q. Did you say, in the presence of your brother, what had been done? A. I do not know what I did say, I was so agitated—I do not recollect my brother saying any thing to me about the state I was in—we had a scrummage together in the Chapman's Arms—I do not know whether he struck me or not—I believe the landlord parted us—he then went out of the Chapman's Arms, and I stopped in, and did not see him any more till he was in custody of the policeman—when I discovered the dead body of his wife I saw a rope hanging to the ceiling—there was a hook in the beam of the ceiling—I saw the policeman take the rope down, and think there was a noose at the lower end of it—I cannot recollect whether any thing was said in the prisoner's presence about that rope.
ROBERT TAYLOR (police-sergeant H 19.) I was at the station-house on the Monday evening, and remember the prisoner coming there with Kaines, and Cook, a policeman—Kaines said, in his presence, that he had murdered his wife—the prisoner did not say any thing at that time—I did not ask any questions then—I afterwards laid hold of his hand, and turned up his sleeve—the constable pointed out some blood on his shirt-collar, on the right-hand side—I asked if he had cut his head—that was the first blood I saw—he said he had not hurt his bead at all—the blood on his shirt-collar appeared quite fresh—I also observed blood on three fingers of his left hand, and a cut on the little-finger joint—the blood was on the edge of the fingers, and there was a spot of blood just on the bend of the hand—I should say the blood had not come from that wound on the little-finger joint, the cut was not sufficient—the blood had dried on his hand—I examined his right hand—there was nothing on that—I found no wound about his person, but the cut on his finger—I asked him how his finger came hurt—he said, he had fallen out of a cab on the Thursday previous, near St. Luke's Hospital—it appeared to have been recently done—he then
pulled off his coat, and said, "I will show you"—he turned up his shirtsleeve on the right arm, and there appeared to be an old hurt on the elbow—I said, "This is what you mean was done on the Thursday"—he said, "Yes"—I did not notice any blood on his dress at that time, but next morning I noticed, on the leg of his trowsers, a sort of small spot of congealed blood, rather streaked—I could not say whether that was recent—nothing was said between me and him about that—when he was brought to the station-house he appeared to have been drinking, and was very much excited—I did not know him before.
WILLIAM NORMAN . I am an inspector of the police. About half-past five o'clock on Monday afternoon I was at the station-house in Denmark-street, and, in consequence of information, I left the station-house to go to the prisoner's house—as I was going I met him in custody—when I got to the house I saw the deceased lying with her head towards the stairs, and her face towards the back-door—she was lying on her side—I observed her throat—it appeared to be cut, and I found a razor lying on her right-hand side, open—there is blood on it now, and it is very fresh now—I immediately sent for the surgeon—I looked round the room, and observed a piece of rope in the front part of the room—the end was tied to a bit of a staple, which goes into a beam across the ceiling, and a sort of noose, broken—the noose was about six feet from the ground—I could have stood under it without touching it—there were a couple of chairs in the shop, I think—I cannot say whether they were near to the rope, because the people were all there when I got there—I have another rope, but I know nothing of that, only the Coroner's Jury wished me to take care of it—it is a new rope, and does not appear at all connected with the one first produced—one is new, and the other old—the new rope was produced before the Coroner—I took down the rope I found hanging in the shop—the noose appears to be broken—Mr. Garrett came about ten minutes after I got there—the body was not moved till after he came.
COURT. Q. Did you observe a pool of blood near the body? A. I did, just where the head lay—I did not observe any marks of blood on the walls, or any where else in the room—the blood was not dry at the time I saw it—it was congealed—it would leave a mark if fingers were put into it—it was rather congealed, but it would mark a person's fingers if they came in contact with it.
JOHN LEES re-examined, Q. When the prisoner came into your house did you see any thing of a rope? A. He produced a rope—I believe this is the rope (the new one)—he pulled it out of his pocket—he did not say what he was going to do with it—I did not take any notice how it was tied.
ELIZABETH FRASER . I am a widow. I lived next door to the prisoner and his wife, in Chapman-street—I knew them for a year and a half before this occurred—I saw the prisoner and the deceased on the Monday this happened, between nine and ten o'clock—they were passing my window, walking together—they appeared quite sober at that time—I did not see any thing more of her till I saw her dead—I saw the prisoner again, about three o'clock, or a little after, the same day, coming from his own door—he appeared to me to fasten his door—I had been told something about his wife being ill, and I said to him, "What is the matter with Mrs. Lees?"—he said she was very ill, that she had taken some strong acid; I think he said strong acid—I repeated the question, and he said strong acid the
second time—I said, How have you left her?"—he said, "Something better, I am going in quest of a neighbour to sit up with her"—I had no more conversation with him, he went away from his house—he did not appear exactly sober—before I spoke to him, I saw he had a key—he appeared to me to take it from his door—I thought he put! it in his righthand pocket—I saw no more of him till he was in custody—there is a cupboard in my front parlour, next to his shop, the door of which generally stands open—when that door is open I can distinctly hear what passes in his shop if I pay attention—that door was open just before I saw him leave his house—I had heard a sort of rumbling noise in his shop, between two and three o'clock—it was a heavy kind of a noise, but I keep a school, and the children being present, I could not exactly say what it was—I did not hear any screams—the conversation between me and him lasted a very short time—he appeared to be in a great hurry to get to the person he spoke of—he was with me a minute and a half or two minutes—when he turned his back, I noticed that his coat was rather dusty, but not particularly, such dust as I should imagine came from a wall—I do not know the colour of the wall of his shop—the dust appeared a dirty sort of a colour, as if his back had been rubbed against a wall that was old—I saw Mr. Garrett, the surgeon, go into the prisoner's house before three o'clock—I thought the noise I heard was about half-past two o'clock, but I saw Mr. Garrett previous to that—I cannot say exactly how long before, it might be twenty minutes—I did not see him come out again.
Cross-examined. Q. Do you know who had caused Mr. Garrett to go there—had you seen the prisoner shortly before that? A. No—I did not observe whether there was any mark of blood about the prisoner's person when he was talking to me—he was generally a very quiet inoffensive man, and he appeared very partial to his wife indeed—I had frequently seen them together—she indulged in drink very much, and her conduct was very violent to him when in liquor—I never saw him return it—he bore it very patiently—I know she absented herself at late hours of a night, and I have seen him very much hurt and excited at it—he expressed his regret very much at her absence—he appeared very much affected in his mind at her absence—he said he should be a very happy man if she studied his domestic happiness—he was the worse for liquor when I had the conversation with him on the day in question—there was nothing else which attracted my attention at that time.
MR. CLARKSON. Q. You have said she was given to drink, was he given to drink too? A. He was—they were frequently together in liquor, but he was very quiet when so—I never saw him otherwise—the last time I saw her violent was some time back, I cannot exactly say how long—it was in the very warm weather, at the time she was absent from him, about six months ago—I cannot exactly say how long she was absent—he says it was two or three weeks—I do not know of her being absent, except from what he told me—I do not know of any violence of hers, except from what he told me, nor of any excitement or grief of his at her absence, except from what he told me—I had not any opportunity of seeing whether she was a nervous woman—she was of a courageous disposition, I should say, because I have heard her say he should never conquer her—that was when she left him in the summer-time—she did not come to me before she went away—she came to me before she came back to live with him, during the time of her absence—it was very shortly-before
fore she returned—I did not know of her going away before she went—I did not know from the prisoner where she went to—they had no children, that I know of.
THOMAS CLARK . I am a hair-dresser, and live in John's-row, St. Luke's. I know the prisoner—he came to me between a quarter-past three and four o'clock, on the afternoon in question—my house is, I should say, about two miles from his—it would take about three quarters of an hour to walk—when he came into the shop, my wife stood there, and by his terrible state of mind, she seemed alarmed by him—she called out, "Clark, Clark," three or four times—I ran directly from the back room to the shop, and I could see him through a window—he held out his hand—I think it was the right, but I do not rightly recollect—I ran and laid hold of his hand, thinking he meant to shake hands, and said, "Bill, what is the matter?"—all he could do, was to shake his head—I could not get a word out of him—not till he shed a few tears—he then unbuttoned his coat, and told me to take the "Dispatch" out of his breast coat-pocket—I put my hand into his coat-pocket, and said, "Bill, I can't And the Dispatch, and I pulled out a rope—it might be like this new rope, but it is now undone—it was new rope, coiled up, and tied round as it would be when it was bought—I threw it on one side—I thought he meant the "Dispatch" newspaper—he said, Give me that handkerchief, Tom, which you took out of my pocket"—I really cannot say for certain whether he was drunk or sober—I should think he had been drinking a little—when he said, "Give me the handkerchief," I said I had not taken one—he said, "Torn, you have"—I said, "Bill, I have not"—he said, "Never mind, give me up your apron, or lend me your apron," I do not know which—I gave him my apron up, and he wiped his eyes—I threw the rope on one side, because I was alarmed for his safety—I thought he meant to hang himself—he held out his hand, and said, "Good bye, Tom, I am going to my mother"—I had thrown the rope on the window-board—he saw it, and would have it back again, and I gave it to him—he went away with it—I felt alarmed for his safety, and sent my wife to follow him to see if he went to his sister's where his mother lives—it is about one hundred yards from my house—I never saw him in such a state before—I had seen him tipsy before, but never in such a state of mind.
COURT. Q. Did you see any blood on his shirt or hand? A. I did not—I did not take sufficient notice of him—I cannot say whether there was any or not—I had enough to do to see his countenance—my impression was that he was deranged, from his appearance, conduct, and conversation.
THOMAS BOOTH STOW . I am a coal-merchant, and live in Cannon-street-road. I am not related to the prisoner—I know the Golden Lion public-house—it is about two hundred yards from the prisoner's house—I saw the prisoner there on the Monday this happened—to the best of my recollection, it was between two and three o'clock—I speak from memory—it was after my dinner—I think it was nearer to three o'clock than two—I cannot say whether it was before or after three o'clock—there was a man named Staples there, in conversation with the prisoner—we were in front of the bar, standing there—we all three came in together—the prisoner had come to Staple's shop where I was, about a minute before I went to the Golden Lion public-house—we went there to get some drink—the prisoner proposed it—he appeared a little intoxicated when he came
to the shop at first—when we got to the public-house he said his old woman was dead—Staples said, "Nonsense, Bill"—he said, "So help me, G—, she is dead, I am sorry for her, she was a good one"—he wished Staples to go and see her, and he said, "Who do you think is with her? Rhoda Hall"—Staples did not go, or make any observation—we came away directly—the prisoner said she had died of delirium tremens—he had been to Dr. Cordy and Dr. Garrett, and they were going to make a postmortem examination of her—nothing more passed, to the best of my knowledge—he left to go to his own home, and we left to go to the shop—I had seen him at other times, after he had taken a little drink—I did not observe any thing different in his manner on former occasions when he had been drinking, to what I observed on this.
Cross-examined. Q. Have you frequently seen him when he appeared to have taken liquor? A. Yes—I believe it produced a considerable effect upon him generally, in his manner and language.
RHODA HALL . I keep a green-grocer's shop at No. 9, Lower Chapman-street, St. George's East. I knew the deceased—she was twenty-eight or twenty-nine years of age—she was very hasty at times, and passionate—I knew her and her husband nearly seven years—she was in the habit of drinking sometimes, and he also—I saw her alive in his house on this Monday from about a quarter before two till about half-past two o'clock—she was up stairs in the first floor sitting-room—(the house is only one story, two rooms up stairs and one down)—she was ill, apparently getting out of an hysterical fit or a fainting fit—as far as I know she was sober—Mr. Lees had sent a boy for me to come to her—I did not at that time find any wounds or bruises, or any blood about her—I passed through the shop to go to the room she was in—I did not observe any rope in the shop—I did not look at the ceiling—I went quickly through the room, and did not look—the prisoner was in the lower room when I went—he appeared to be kind and attentive to her at that time—I conversed with her in his presence—she cried, and then seemed better after—the prisoner came up stairs while I was there, and asked her if she was better—she said, "Yes"—he asked her whether she would go to bed—she appeared quite in her senses, and was very quiet—I asked her if I could get her any thing, and if she would take a little broth—she said she thought she could—I offered to go for it—I asked her whether Mr. Lees had illused heir—she said, "No"—I asked if they had been quarrelling—she shook her head—when I first went into the house the prisoner told me to go up stairs to Betty, he did not know what was the matter with her, he thought she was dying—that was the first remark he made to me when I went in—he was standing against the fire-place in the shop—when I went up stairs I found her lying on the floor, with a gown laid on the floor underneath her—she had a gown on besides—after I went up he followed me, and got a pillow to put her head on—he went away while I remained up stairs, and left the house—I saw Mr. Garrett the doctor a few minutes after—I opened the door to him—she was better before Mr. Garrett came, and she walked down stairs into the shop—I did not observe any rope in the shop when I came down—I remained in the shop some minutes with her and Mr. Garrett—he felt her pulse, and asked her questions which she answered quite rationally and calm—I went away leaving Mr. Garrett there, but before I went away I opened the door to Mr. Cordy, another medical gentleman—he brought some medicine—I left while Mr. Cordy and Mr. Garrett were speaking together about the medicine, and never saw her alive afterwards—
if there had been a rope hanging in the shop I think I must have seen it—the shop shutters were open at that time, but there was a high linen blind which was blue, but was faded—that was always there—I did not see the prisoner again till I saw him in custody—I think he had been drinking when I saw him at the house.
Cross-examined. Q. Is the blind always there? A. Yes, I believe it is nailed up—I should think it was about a quarter to two o'clock when the boy came for me, for when the bell was ringing two, Mrs. Lees observed to me that it was two o'clock—I left her, I think, near half-past two o'clock, leafing Mr. Garrett there.
Q. Was there any spirits introduced while you were there? A. There was a little in a glass, and a little in a bottle standing there—she drank a little of it once only, and I drank a little, and the prisoner drank a little, all out of one small glass—there was about one-third of a quartern altogether there.
MR. CLARKSON. Q. Was any quantity taken by her enough to disorder her intellect? A. No—the prisoner offered it to me first—I took a little, and he offered it to her—she took a little and said, "I have left you part of it"—he took the rest—he seemed very kind while I was there.
HENRY BERRECLOTH . I was at the Golden Lion public-house, in Cannon-street-road, on the Monday in question, and saw the prisoner there with Stow and Staples in conversation together—it was from half-past two to half-past three o'clock, as near at I can guess—I cannot speak nearer than that.
MARK BROWN GARRETT . I am a surgeon, and live at No. 3, New-road, St. George's in the East—I knew the deceased—I saw her for the first time on Monday afternoon, the 18th of November—about ten minutes after two o'clock I received a message to go to the house—I got there about a quarter past two o'clock—I was detained some time knocking at the door before I could get in—Hall let me in, and the deceased came down from up stairs—I found her in a nervous condition, and after a little conversation with her, she had two distinct hysterical attacks—as if she had been excited—she was perfectly rational and decidedly sober—she continued under each attack from two to three or four minutes—women are much subject to hysterics—it will arise from any exciting cause—either violence in the conduct of the person attacked, or from violence or quarrelling of any body else—the soon recovered—while I was there Mr. Cordy's brother brought some medicine—the latter part of my conversation with the deceased was with regard to a pain she felt in her back—the prisoner was not present—she assigned a cause for that pain—I inquired of the gentleman who brought the medicine, the composition of it, by her desire—it was an effervescing mixture, a draught calculated to quiet her and tranquillize the system—in my judgment, she did not require any thing else—there was nothing at all in her conduct or in her answers to my questions which denoted to me that it was unsafe to leave her by herself, nor any thing to denote that she was not perfectly self-possessed—she came down to me in the shop—I was in the shop ten minutes or. a quarter of an hour—if there had been a cord suspended to a beam there I should have observed it—I did not observe it—I had opportunities of observing, being by myself some time—the place the cord hung from was afterwards pointed out to me by the officers,
and I should say it could not have escaped my attention—the prisoner came in while I was there—I knew him before—I knew his person—he had been drinking—I observed no excitement about him beyond what might be the result of taking drink—when I came away I left the prisoner, the deceased, and Mr. Cordy's brother in the shop—the prisoner did not administer any medicine to her in my presence—I think he went to fetch a cup for her to take it in—I was remunerated for my attendance by the deceased, in the prisoner's presence—the prisoner was present when she desired me to examine the medicine—her object was, as I had been questioning her as to her symptoms, and knew more of her state than the gentleman who had not seen her before, she wished me to ascertain whether it was proper for her to take—she appeared to be alive to the propriety of taking care of herself—she was particular about my examining the medicine—after I got home, I received another message from the inspector of police, at half-past five o'clock—I proceeded immediately to the house—I found a great many persons outside the house, and in the room besides—I saw inspector Norman there—I saw the body of the deceased between the foot of the stairs and the door leading into the yard—she was with her face fronting the door—her knees were drawn up, the left arm under her body, and the right lying on the body—on examining the head and face I found a considerable number of wounds, they were on the face and neck and head—there were eight in number, and with one exception they all partook of the character of incised wounds—that one was rather a stab, a puncture, a contusion—it was not exactly a bruise—the largest, the deepest, and most important of the incised wounds was on the left side of the neck—that incision measured four inches at least in length and two inches in depth, but not all the way, more in the centre of the wound—in that incision all the principal and main arteries of the left side of the neck with the veins and nerves were totally divided—the windpipe was severed through, with the exception of a small portion at the posterior part—in my judgment it was a mortal wound, and death would ensue in a very short time—a querter of an hour, perhaps, or twenty minutes—the arteries on the right side would have carried on the functions of life for a short time—she was a slight spare woman—immediately above this large wound was another, as if there had been a previous attempt—it was parallel with it and merely dividing the skin, merely superficial, and of no importance at all—the next wound of importance was on the lower lip—in that incision the upper part of the lower lip was divided through—the wound took a curved direction to the left—it went right through the upper part of the lip, and was to the extent of two inches and a half—there would have been considerable hemorrhage from it, and it divided important arteries—it was a deep wound—the next was on the right side, opposite the other, on the same lip—it divided the skin and a portion of the lip and took a straight direction—that was not mortal—the fifth was on the right side above the lip on the cheek—that incision was merely cutaneous—the sixth incised wound was opposite the right eye—that incision extended through the skin and some considerable portion of the muscles and flesh, aid took a straight direction—it was about an inch and a half or two inches in length, and about half an inch in depth—the seventh was behind the right ear—it was a short but deep incised wound—it extended to the bone, which is rather prominent just there—I should say it was half an inch deep, that I also consider an incised wound—the eighth was on the right cheek, that was deep and partook of the character
of a punctured wound—it was far different to the others, and in the infliction of which there must have been some considerable force used—it went to the bone—it slanted off a little at the side of the bone—it did not penetrate into the mouth.
Q. Look at the instrument which lies before you; with regard to the first wound you speak of, is that razor such an instrument as would have inflicted such a wound? A. Decidedly so; the other wounds about the left cheek, the lower lip, and the back of the ear, might also have been inflicted by such an instrument, and on reflection, I have thought that the wound on the right cheek would correspond with this part of the razor—(pointing it out)—I understand what is called jobbing with a knife—that wound was not done with a job of a sharp instrument, but I think it must have been done with the upper part of the razor, from its appearance, and the direction it took—I do not think it could be done with the heel of the razor—the wound was not of that shape.
Q. In your judgment could those wounds be inflicted on the deceased by herself? A. Decidedly not—according to my judgment the large wound commenced at the back part of the left side of the neck—the body was lying on its left side.
Q. What is your reason for saying the wounds could not have been inflicted by the deceased herself? A. Judging from the position of the deceased, lying on her left side, with her left arm under her body, corresponding to the wound in the throat, with an immense quantity of blood on the floor, the manner. in which the razor was found, and knowing her previous constitution, and after the infliction of those wounds on the face, in my opinion it would be impossible to inflict that on the throat—assuming that the wounds on the other part of the face had been first inflicted, I consider it impossible she could inflict that large wound on the throat, they were of such a serious extent—she would not have power to inflict that on the throat—there would have been considerable hemorrhage from the one on the lip especially—assuming the wound in the throat to have been first inflicted, it would have been quite impossible for her to have inflicted the others—the blood would have been so great it would have immediately exhausted her.
Q. Looking at the nature of the wounds, the quantity of blood, and the position of the body, can you undertake to say with certainty whether or not those wounds must have been inflicted while she was on the ground? A. They were; especially the wound on the neck—supposing her to have inflicted the wounds on the other part of her person, and fallen from exhaustion, I should say it would be impossible that she could inflict the larger one when on the ground—the prisoner had not applied to me for a post mortem examination of his wife's body—there was no appearance of delirium tremens about her on my first visit, nor any appearance afterwards which could account for it—I did not in any way give the prisoner to understand that she had died of delirium tremens, nor say any thing about it.
Q. Look at that old rope; supposing it to have been suspended in the shop, is it possible or probable that that rope would have given way with the prisoner's weight, supposing he had attempted to hang himself with it? A. If he had been suspended with all his weight on the rope, I should say it would have given way, but there is another mode of strangling by being on the ground—I should say if his weight was hanging on that rope, it
would have given way—I cannot say whether the same consequence would have taken place if the deceased had put herself in that rope.
Q. Regard being had to the state you found her in at a quarter-past two o'clock, was she a woman, in your judgment, who about three o'clock would have been able to make any successful resistance to an attack? A. She appeared quite incapable at my visit to her, for even in common conversation she had two hysterical attacks, but not knowing her general constitution, I cannot answer—I do not think she was in a state to have used sufficient violence to inflict the wound on the cheek, which must have been inflicted with violence.
Cross-examined. Q. With regard to the possibility of the wounds being self-inflicted, I observe, you hesitated before you gave your answer; did that arise from any doubt on the subject? A. Not at all—I certainly give it as my perfect conviction, that it would be impossible for her to inflict all the wounds herself—I consider it impossible a person could inflict wounds on the neck and face, from the nature of the wounds and their extent—after the seven on the face, it would be impossible to inflict the one on the neck, and after inflicting the one on the neck, it would be impossible to inflict the other seven.
Q. Supposing she had possessed herself of a razor, and was preparing to use it, either on herself or the prisoner, and a struggle to take place between them, he trying to get it out of her hands, in such a struggle, might those wounds have occurred? A. Not those about the face—I should say it was impossible they could have taken place incidentally in a struggle—my reason for saying it would be impossible to inflict the seven wounds after the one in the throat, or that one after the seven, is because there would not be sufficient strength—life might remain, but not strength to inflict a wound—when I saw her in the morning in hysterics I told her it was very slight, and I need not stay—it was then she mentioned the injury to her back—she said she would tell the truth, and mentioned how it happened—she told me she had jumped out of window the week before to avoid her husband—I do not think she said what time it was—I understood her to say it was to avoid her husband—she did not say he had tried to prevent her getting out—she said nothing more—the prisoner had been drinking—strong mental excitement will sometimes present an appearance in a person very much resembling intoxication, but I had another proof of intoxication, the fetid from his mouth—half a glass of gin would not have produced that, unless he was in the habit of taking spirits—in a person of intemperate habits that might appear if he had drank a small quantity—I heard that he and the deceased and Hall had taken a small quantity of spirits before I came.
MR. CLARKSON. Q. Could you gather from his speech, as well as other things, whether he had been drinking? A. He did not address me particularly—my impression decidedly was, that he had been drinking—the deceased told me that she had jumped out of the up-stairs window—it was at that time she said she would tell the truth.
COURT. Q. Did you observe any marks on the deceased's neck, as if there had been a rope round it? A. I did not.
MR. RYLAND called
MART LEES . I am the prisoner's mother. I lived with him for about four years after his marriage, and I have been frequently to and fro to their house since, nearly down to the time of his wife's death, about two months
before it—she was given to getting drank, and he also, latterly—both drank very hard, and were very passionate and very aggravating—I have known her go away from her home—I remember one Sunday morning he expected her home on Saturday night, she did not come home, and he went out, I think, and got drinking—on Sunday morning he came home tipsy, and asked where Betty was—I endeavoured to tell him she would be home presently—his sister and I persuaded him to go to bed, and after that his sister went out to go to church—I was in the adjoining room, and thought I heard a noise down stairs—I went into the room where I had left him on the bed, and he was gone—I went down stairs, and he was sitting in the corner of the shop—he cut his forehead with a rusty knife—we had put every thing away, because when in that state he used to attempt to lay violent hands on himself—he attempted to lay violent hands on himself on that occasion—I had put every thing away, fearing he would do so.
COURT. Q. Were you in the habit of doing that when he was drunk or sober? A. When he was drunk.
MR. RYLAND. Q. Do you remember his having a hammer in his hand on one occasion? A. Yes—he was drank then, and his wife was away from him at that time—she was in the habit of going home to her mother's of a Saturday, and sometimes did not come home till twelve or one o'clock, and then came home very disorderly—sometimes she would stop out all night or two nights together, and he was distracted the whole time—after we got all the edged-tools away he got hold of the hammer to dash his brains out—I took hold of his arm, and he dropped the hammer and sat down—I cannot tell how lately I had seen him before the 18th—they behaved very kind to each other when they were sober, and when drunk altogether so passionate.
MR. CLARKSON. Q. How long has your son been given to drinking? A. From about eighteen or twenty years old—he was led into gay company, was led from one step to another, and he has had many cute and blows on his head—he was married in 1835—he is 33 now—I did not see him cut his forehead with the rusty knife—it was done when I went down—I took a cloth and washed it—the blood ran down his face—I did not see whether the knife was bloody—I saw the knife, but did not notice whether there was blood on it—I did not send for any doctor—I washed his head, bound it up, and persuaded him to go to bed again—the bandage remained on his head the whole of that day, and the next—I think this was about two years ago—that is the nearest I can tell—I know his forehead was cut, because it was bleeding, and he had got the knife in his hand—he kept the shop where he lives now—he did not shave people for nearly a fortnight sometimes—he was not able—when he was able he shaved people as before—he shaved people three or four days after he cut his head—the occurrence about the hammer was not long after that—that was at his own house—my daughter, Mrs. Bailey, was not living with me at the time—he was going to strike himself on the head with the hammer—he lifted it up to his head, and I pulled it down—that was not on a Sunday—I do not know whether he shaved any body that day—I did not put him into confinement, nor apply to any body to confine him—when he was not drank he could attend to his business as usual—the last time I saw his wife was about a month before I heard of her death—she had not jumped out of window at that time that I know of—I did not live with her—I never heard of that before—this is the first time I have heard of it.
Q. When will you undertake to say you last saw his wife drunk? A. I have not lived with them to see, not these three years—I cannot recollect when I last saw her drunk, or in a violent passion—I have seen her frequently, but cannot recollect the time—she was a very slight, thin woman.
Q. When you say she went away from him, did not she go to her mother's? A. Yes—I have been there to inquire for her, but not lately, it was about a year and a half ago—I used to live at Dalston—I do not know whether she gave her husband's ill-treatment as a reason for staying away.
ELEANOR M'KENZIE . I am single, and live in Virginia-court, near the prisoner's house. I remember the day the prisoner's wife was found dead—I was passing their house at a quarter after one o'clock that day, and saw the prisoner and his wife—the prisoner was standing by the door, and the deceased inside—he said, "Eleanor, Betty is mad"—I said, "Is she? she is often mad"—she might be about two yards off, and must have heard it—she came and caught him by the collar, and hit him several times on the head—he did not return the blows, but went in—I have known them some time—his general conduct towards his wife has been very well indeed.
MR. CLARKSON. Q. When he was outside the door, had he his hat on? A. Yes—she hit him with her doubled fist on the side of his head—it did not knock off his hat, or produce any blood—it did not do him any injury that I know of—I cannot say what she did it for, but the moment he repeated the words, she flew across the floor, and immediately struck at him—he was standing on the step of the door—there was nobody with me, nobody was by but me that I noticed—I did not attend before the Coroner—I knew of the inquest—it was held at the Golden Lion public-house, Cannon-street-road, not many yards from my house—I did not see the deceased jump out of window—I heard of it a day or two after—the prisoner was in liquor when I saw him standing at the door, and the deceased was also in liquor—it was at a quarter past one o'clock—I have seen her drunker than she was then, but she was three parts drunk—she was so drunk that I noticed it—I could see it by her coming across the floor—she did not stagger as she came across—she came across very quick.
Q. Did she speak like a drunken woman? A. I did not distinctly hear what she said—she hesitated in her speech a little, as if she was in drink—I noticed that at the time.
Q. What is your business? A. A waistcoat and jacket-maker—I am not married, I live with my mother—I have seen the deceased more in drink than she was that morning, but I noticed, the moment I saw her, that she was intoxicated—I found that out by her appearance—her hair was hanging down her shoulders, and she looked to me in liquor—her clothes were not dirty—her hair was in curls, and they were all dishevelled—she appeared quite wild and frantic—I live about eighteen yards from their house, but our house lies at the back—I have sometimes heard noises there.
Q. When were you first told to come here as a witness? A. On Wednesday—Mr. Bailey told me to come, and I believe a minister—that was the first I heard about it—I did not state what I had seen till then—I might have mentioned it—I mentioned it to my mother and sister when I came home, after seeing it, and I believe they are the only persons—they are not here.
Q. How did Mr. Bailey and the minister hear you knew any thing
about it? A. They were sent to, I believe, to be informed—I was not close enough to the deceased to smell her, nor to the prisoner, but I could see they were both in liquor—I have often seen them in liquor—sometimes they would be sober for a month, and sometimes drunk for two or three days or a week, or more—she was always drunk when he was—they were always drunk together—he was a very quiet-tempered man when he was drunk, not at all passionate—she was very violent—he bore it all meekly, and did not get in a passion at all—sometimes at the last he would, but not without occasion—she was a strong powerful woman, not a slight thin woman—she was slim, but I believe she was strong, by her appearance—she looked like a strong woman.
Q. How often did they get drunk? A. Ever since they came into the neighbourhood we have noticed them, but for the last three years we have been acquainted with them—I do not visit the prisoner's mother, or Mr. and Mrs. Bailey—I visited the deceased sometimes—she never complained to me of the pain in her back—I did not see her after she jumped out of window, not till that morning—I did not attempt to pacify her—I certainly know that she was in the habit of being violent and striking him—I did not like to interfere, and walked on—she did not say any thing to him that I heard—if she had I must have heard it.
THOMAS JEALOUS . I am a carpenter, and live in James-street, which is near the prisoner's house. I have known him and his wife about seven years—I have seen them together a good deal—when he was sober and steady he was always very comfortable with her—he tried all he could to make her comfortable—as far as laid in his power he did for her—I have seen him the worse for liquor—she was very much given to drink—she used to ill-use him very much when she was intoxicated—I have seen her ill-use him—he never returned it—I remember the day she was found dead—I passed their house that morning, about twenty minutes or half-past one o'clock, as I was going home to dinner—I went inside the door, just on the step, as the prisoner called me in—the prisoner and his wife were in the shop—he asked me if I would fetch her sister—he did not say what it was for—it was merely in a joke, as I understood—I said, "You don't want your wife's sister"—he asked me to come in, I said I should not, and his wife said, "If yon stand aggravating me I will throw something at you, and smash your brains out;" and made use of a very bad expression at the time.
Q. Was he aggravating her? A. In joke, but they had both been drinking, I am certain.
MR. CLARKSON. Q. Did you see inside the shop? A. I did—I did not see any rope hanging up—she was not very drunk—she was intoxicated—he was very drunk—I am certain that she was drunk—knowing them so well, I could tell from her appearance and the way she spoke to me—she said, "Jealous, never mind what he says; he is always aggravating me" if the door was closed, I could tell by her voice whether she was intoxicated or not, I could tell from her voice and the way she spoke—she could not speak plain—she stammered—I could not see whether she staggered, for she stood by the bottom stair, and was holding by the hand-rail—she had neither bonnet nor cap on—nothing but a comb—she had a hind comb, which secured her hair—her hair was not at all hanging down her shoulders—I believe I was first told on Thursday that I was to come here as a witness—I cannot say exactly who told me—I do riot know that any body told me particularly—Mr. Cracknell was the first that spoke to me"—he
is in the coke trade—I believe Mr. Watson took down my evidence yesterday morning—that was the first time I gave my evidence—I was not before the Coroner—I live close to the Red Lion public-house, where the inquest was.
JOHN CURTINDALE . I am a baker. I live next door to the house the prisoner occupied, and am his landlord—I have known him and his wife seven years last September—I have seen them together a good deal at times—his general conduct to her was very good, when sober—they were both given to drink—she was very aggravating when they used to come home—I have frequently heard him accuse her of being in bed with other men and a good deal of conversation—there is a very thin partition between our two houses.
MR. CLARKSON. Q. When were you told to come here as a witness? A. Two or three days ago, about Tuesday I think—his friend Mr. Bailey came and his relations—it is about eighteen months or two years ago that I heard him charge her with being with other men—I have heard it more than once, but that was the last time—they were a loving couple when sober, and when one was drunk, the other was drunk—they both went out together, and got drunk—she was a slight made, thin woman—not strong and powerful, but she was always the master of him when they quarrelled—I have been told so by the neighbours—his mother has been in and said she could not live with them any longer, they were so quarrelsome and used such aggravating terms, and I have heard it from her own tongue.
Q. Now, within the last six months what have you heard her aggravating him about? A. I cannot call to mind—I remember her jumping out of window—I heard her fall—I did not go to her assistance—I went to the prisoner—she ran down the street—the prisoner appeared drunk—that was four days before the murder—they broke the partition between the yards, and I went in to speak to them about it.
Q. Did not she on that occasion complain that it was the cruelty of her husband which made her jump out? A. I did not see her then—I saw her afterwards—I did not have any conversation with her about jumping out of the window—I went in about having my yard mended, and the prisoner was breaking the shop windows—when they were drunk they were both violent.
MR. RYLAND. Q. Before you heard her fall out, had you heard anything going on? A. No—several people were looking at the house—it was a long time before she did jump out—she stood on the sill of the window some time first—I did not see the prisoner at that time—he was inside.
MR. CLARKSON. Q. You are landlord of the Chapman's Arms public-house? A. Yes—I was at home on the Monday in question—I saw the prisoner at ray house after five o'clock that afternoon when Kaines was there—his brother was with him—he called for a pint of half-and-half and two pipes of tobacco—I knew him very well, and knew he was in the habit of drinking hard at times—he was not quite sober when he called for the beer—he had been drinking—I did not give him the beer—he called for it, but did not drink it—he gave it away—I did not serve him—I did not see it given to him, nor see him with it—my son served him with it—I saw him with the tobacco—he went out of my house—he did not sit down in the parlour,
Nor in the tap room to my knowledge—he had the beer at the bar—he gave it away to a man named Forster—I saw him go out of the bar—I did not see him endeavour to escape—I do not think he went out at the same door as he came in at—I saw his brother with him, and he told him he was a murderer, in my presence, and he must give himself up—the prisoner did not try to run away—he attempted to strike his brother—I believe his brother was sober—I had not seen the deceased that day—his brother and he did not go away together—the prisoner went first—he went by himself—his hat came off at the bar—I went to put it on his head, and said, "Lees, come with me," and said to his brother," This can't he possibly true"—I went out with the prisoner, that he should not strike his brother—I said to Raines, "If this is true he ought to be secured, look for a policeman"—I let him go out—I did not keep him—I had no one at the bar—my son had gone out of the bar, and I was obliged to remain.
MR. RYLAND. Q. You did not believe his story? A. No—I advised a constable being sent for, but did not choose to take him myself.
GUILTY .— Death.
Fourth Jury, before Mr. Sergeant Arabin.
107. HENRY MILLER was indicted for stealing, on the 30th of October, at St. Mary Matfelon, Whitechapel, 8 sovereigns, 6 half-sovereigns, 4 crown-pieces, 24 half-crowns, 40 shillings, 38 sixpences, 3 groats, and 1 5l. Bank-note, the monies of George Bose, in his dwelling-house.
MR. PAYNE conducted the Prosecution.
MARY ANN BOSE . I am the wife of George Bose, who keeps the King of Prussia public-house, in George-street, Whitechapel. The prisoner was employed by us as a jobbing carpenter—we went into the house about three weeks before we were robbed—the prisoner came on Monday, the 21st of October, to fix a bedstead—while he was in the house, I went to my bed-room, and found a box in which I kept money with the lock forced, and the screws almost out—this was three or four days before the robbery—I went down to the prisoner, who was at work in the club-room, and said it was very strange, the screws were forced, and I was in the habit of keeping my money there, and I should remove it—he said, "If I was you, I would"—I said I would put it into my drawer, which I did—after that, I went to a drawer in my bed-room, to get change for a sovereign, while the prisoner was at work in the room—he saw me go to the drawer—I locked the drawer, as usual—on Tuesday, the day before I missed my money, I found all my money safe at ten o'clock in the morning—the prisoner had finished his work in the house on the Monday, the 28th, and left his tools behind him—he had no business there on Tuesday, but he came between eleven and twelve o'clock, and asked the servant for his tools—I saw him in the house—I saw him come down stairs, while we were dining in the parlour—he had no business up-stairs at all—I had some drawers in an upper room, which had not been put into the chest, and there were locks on all of them—having just moved, we did not put the drawers in their places, they were lying about, and after the robbery I missed a lock off one of those drawers—the same key opened all the drawers—when I went to my drawer, on Wednesday, the lock had not been forced—it must have been opened by a key—I lost a 5l. note, 11l. in gold, and 7l. in silver—I have two small children, and one servant—it was a very serious loss, for we had saved it to pay our brewer.
Cross-examined by MR. HORRY. Q. They were common locks? A. Yes—ours is a public-house—we have two or three foreigners lodging in the house, but they had nothing to do up-stairs—the prisoner was first employed on Monday evening, to take down a bedstead—he was apprehended on the Wednesday week following—I at first kept my money in a box in a room above my bed-room—I employed him to put up a partition in the club-room, to make a bed-room by the side of the club-room—my drawer, and every thing was then moved to the firstfloor room—he was parts of several days doing the partition—I cannot say what day it was I found my box forced—it was near the middle of the week—I brought the money down stairs, and put it into my drawer in the room he had parted off from the club-room—the drawers were standing in the club-room, and he helped me into the room with them—I had left two of the drawers loose in the room above—the drawer with the money in it was locked—I had no difficulty in opening it—the other two drawers were afterwards brought down, and put into the chest—I mentioned the circumstance about the box before—the money was in the box from the time we went in till I removed it—I kept the box locked, and I kept the key in my possession—the prisoner knew I had money there, he saw me go up and down stairs for change—I suppose he must have known there was money in the box—if he shook it he would have heard the money rattle—I did not open it before him—I did not keep the club-room door locked, as he was at work there—I locked the drawer where the money was—I left the bed-room door a-jar—it was a sliding partition.
MR. PAYNE. Q. Had the foreigners access to the bed-room? A. No, they lodged in the room above the club-room.
MARY BURKE . I am the prosecutor's servant I recollect the prisoner being employed to work in the house, which he finished on Monday the 28th—he left his tools behind him—he came on Tuesday to fetch them, and I saw him coming down stairs—I had not seen him go up stairs—he had no business there—I was in the parlour—he came to me, and asked me to give him his tools, which were in the bed-room—I went and got them, and gave them to him in the club-room—the bed-room door opens into the club-room—I left him there—in the evening I went into the club-room, and found the tools still on the table, where I had left them—he had not taken them away—I saw mistress in her bed-room about ten o'clock on Tuesday morning—I went into the room for change for a half-sovereign, and she gave me the change out of the drawer—the money was then safe.
Cross-examined. Q. What time did he come for the tools? A. Between eleven and twelve o'clock—I cannot swear it was not twelve o'clock—we had not dined, we dined about an hour after—we do not always dine at the same hour, but we dined that day between twelve and one o'clock—it was not between twelve and one o'clock that I saw him—if he had gone into the bed-room he would have seen the tools—he came down, and asked me for them—I know it was ten o'clock that I had the change, because mistress was not up—she did not keep the club-room closed, and the bed-room door was unlocked sometimes—we had four or five Germans lodging in the up-stairs room for about a fortnight.
GRACE LACKIE . I am the wife of Stewart Lackie, and live in the Minories. On Friday, the 25th of October, between eleven and twelve o'clock, the prisoner came to our shop with a lock, similar to the one produced—(looking at one)—and asked if I had any keys that would fit—
I tried all the keys I had—he asked if I had any others—I took a small bunch of keys out of my pocket, and one of them would nearly fit—I told him I could make it fit in a short time—he said he could not wait any time, he was in a particular hurry—he was dressed in a dark fustian jacket and trowsers, or dark cloth trowsers—I am quite sure he is the person—I went to the door to look after him,, and his knees turned in a particular way—I knew him again directly I saw him coming out of the lock-up house.
Cross-examined. Q. Are you quite certain he is the person? A. I am sorry to say I have been obliged to swear several times I am certain of him, or I should not have sworn now—it was between ten and twelve o'clock, as near as I can tell—we do not have many people come to have keys fitted—we keep old keys—I only saw him just while we had the conversation—it is a common lock—I have never said it was between twelve and two o'clock that he came—it was between ten and twelve o'clock, as near as I can guess—I cannot say exactly the hour.
GEORGE BOSS . I keep this house. The prisoner was employed to work there—I missed a lock off one of the drawers—this is it—any key that fitted this would unlock the drawer in which the money was kept—they were all alike—I did not see the prisoner on the Tuesday—some Germans were residing in my house, but they had no access to my wife's bed-room.
Cross-examined. Q. Did you tell your wife you missed the lock? A. No, not before the robbery was committed—I bought another lock two days or a week before, to put on one of the drawers—I cannot exactly say the day I bought it—it was the week before the robbery.
MR. HORRY called
THOMAS WOOD . I am a pewterer, and live in King-street, Commercial-road East—I have known the prisoner between four and five months, and have employed him—he worked with me on Friday, the 25th of October, from half-past ten o'clock in the morning till ten o'clock at night, in Lambeth-walk, where I had a job—we went there together from my house, at half-past ten o'clock, and got there before twelve—we left work at. ten o'clock, and the man that employed us kept us in his company till about eleven o'clock—we parted at eleven.
MR. PAYNE. Q. How do you know it was Friday, the 25th? A. Because I had to complete the job by Saturday, as the house was to open then—he had been at work for me about a month before—he was not with me every day that week—I am a little master-pewterer—he works for me when he has nothing better to do—I made a memorandum of the day he worked with me—it is at home—I can write enough to make a memorandum of the day of the month and week, and to make out a bill—I do not know what trade the prisoner is—he can work at carpentering, I believe—I have had a very short acquaintance with him—Mr. Byng employed me to do this job—it was to cover a counter-top with pewter—the prisoner assisted me—I did not promise him any particular sum for doing so—he ad had 3s. 6d. a day before—I got about 1l. by the job—I hired the prisoner to carry the metal for me, and then said he might as well stop the day—I gave him 1s., and have not seen him since to pay him the other.
COURT. Q. Do you always keep a memorandum of every thing you do? A. Not of every thing—I remember making one of the 25th, because, not being a good writer, I copied it again before I made a perfect one—I was subpoenaed here by Mr. Hall—I do not know whether he is the prisoner's lawyer—he asked me if I remembered what day I had done the job on, and I said the 25th—he did not mention the 25th to me.
THOMAS BROWN . On the 25th of October, I saw the prisoner at No. 2, Lambeth-walk—he came to assist Wood to do the counter of the public-house—they got there before twelve o'clock, and were there the whole day till nine or ten o'clock at night—I went out about nine o'clock.
COURT. Q. Did you keep a memorandum of it? A. No—I cannot swear to the time—I can swear it was before twelve o'clock, because the workmen left for dinner—it was about twelve o'clock—he was employed there during the whole of the day, in fact he did not leave for dinner—I have seen the lawyer, and had some conversation with him, and had something to drink.
MR. HORRY. Q. Did the lawyer tell you what to say? A. No—I did not know the prisoner before.
MR. PAYNE. Q. Who paid for what yon drank, the lawyer or yourself? A. I believe it was the prisoner's brother—I believe among all the witnesses to day, the drink amounted to about 2s.—I have drank about a pint and a half of beer to day.
THOMAS BROWN . Jun. I am the son of the last witness. I saw the prisoner at No. 2, Lambeth-walk, about half-past eleven, or between that and twelve o'clock, on the 25th of October—I know the time, because we all go to dinner at twelve o'clock, and I know it was the 25th, because it was the day before the house was open—that was the day as far as----
MR. PAYNE. Q. As far as what? A. I made a mistake—I was going to say as far as my recollection serves me.
MR. HORRY. Q. Did you see the prisoner during the whole day? A. I did—I saw my father and Wood there—they left work at eleven o'clock at night—my father and I lodge there.
COURT. Q. Where did the prisoner come from? A. I do not know—I believe he came from Prescott-street—I was subpoenaed by Mr. Hall, the solicitor—that was the first intimation I had of this—it is five or six days ago—I first saw Mr. Hall in Prescott-street—the gentleman belonging to the house in Lambeth-walk, had a house in Prescott-street, and I was there—he told me of the robbery.
WILLIAM LUKIN . On Friday, the 25th of October, I saw the prisoner at Lambeth-walk, working there, assisting the pewlerers—I first saw him between eleven and twelve o'clock—I was at work there—I live in Frances-street—I know it was the 25th, because on Saturday night they opened—I saw the prisoner all the day, till eleven o'clock at night—Mr. Hall sent me a note to come here.
GUILTY . Aged 18.— Transported for Ten Years.
EDWARD PRICE . I am a grocer, and live in Pancras-vale, Hampstead-road. On the 28th of October, this sugar was taken from my shop, between nine and half-past eleven o'clock—I mentioned it to the policeman, and he brought the prisoner to me with the sugar.
CHARLES PERRY . I am a policeman. I stopped the prisoner about two miles from the prosecutor's shop, carrying the sugar on his shoulder, in paper as it is now—I asked where he was going to take it—he said some man in the street gave it him to carry a little way—he neither knew the man, nor where he was—he could give no description of him—I took him to the station-house, and found the owner.
Prisoner. I was walking along the street—a man came up, and asked me to carry the parcel—I did so—the policeman came up, and I suppose the man ran away, for I could not see him when the policeman stopped. Witness. I saw nobody running—I stopped a quarter of an hour to see if any body came.
GUILTY . Aged 17.— Whipped and Discharged.
NEW COURT.—Friday, November 29th, 1839.
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 30.— Confined Six Months.
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 16.— Confined Six Months.
GUILTY . Aged 20.— Confined Nine Months.
NOT GUILTY .
THE HON. MR. SCARLETT and MR. ELLIS conducted the prosecution.
REBECCA WARNER I keep the Grapes' public-house, in Rose-street, Covent-garden. On the 29th of October, between one and two o'clock in the morning, the prisoner came in with others—he called for a quartern of gin, which came to 4d.—he gave me a crown-piece, I gave him 4s. 8d., and put the crown-piece into the till—there was not another crown there—the prisoner went away—something occurred afterwards, which led me to examine the crown—I saw it was bad—I put it into the till again—the prisoner came again in the course of twenty minutes—I cannot say whether he wanted half-a-pint of beer or some 1 liquor, hut he gave me another crown-piece, which I discovered was bad—I said, "This is another bad crown-piece"—I called my waiter to go and take him—I recognized him to be the same party—he ran away, and was brought back by the policeman—I marked the two crown-pieces, and gave them to the policeman.
Cross-examined by MR. HORRY. Q. Yours is a night-house? A. No,
I very seldom keep open so late—the reason was we had persons there that we could not get out—there might be half-a-dozen persons coming in and out—I know Jane Smith—I just let her look at the crown-piece, but she gave it me back—it did not pass from her hand to the waiter—I think she gave it back to me—that was the first crown-piece—shortly after that she went away—I did not tell the policeman that the prisoner was not the man who uttered the first crown—the minute I said the second was bad he ran away—I had only a few shillings and sixpences in my till beside—the prisoner had gone before I gave the crown-piece to Smith.
WILLIAM CLARK (police-constable F 129.) I was in the street on the morning of the 29th of October—I received a hint to take the prisoner—I took him to Mrs. Warner's, and received from her these two crownpieces—she marked them—I found on the prisoner a shilling, a sixpence, a penny, and a good crown-piece—I first saw him about a dozen or fourteen yards from the public-house—a woman, whose name I do not know, said to me, "That is the man that gave a bad crown-piece at Mrs. Warner's"—I then watched him, and saw him go back to the house—there were two men with him—when he came out the second time I took him.
Cross-examined. Q. When you first went in, did not you and Mrs. Warner go into the parlour together? A. No, she was at the bar—I took the prisoner into the parlour to search him—I know the house very well, it is very well conducted.
MR. JOHN FIELD . I am inspector of coin to the Mint. These crownpieces are both counterfeit, and cast in the same mould—the one found on the prisoner is good, and is not the same impression as the bad ones.
GUILTY . Aged 21.— Confined Twelve Months.
WILLIAM WELLS . I have a corn-warehouse in Shoreditch—Bygram was in my employ—Draper was in the employ of Cousins, of Cheshunt—he used to come to my premises in Plough-yard, adjoining my warehouse, to fetch dung—Bygram had the sole control of the corn in the warehouse, and what was pitched in the stable.
ELEAZAR MEADOWS . I am coachman to Dr. Whitaker, in Shoreditch. I live at No. 12, Plough-yard, opposite the prosecutor's premises—I have observed Draper taking dung from the prosecutor's premises, and I have sold him dung—on the 2nd of November I saw Draper taking dung from the prosecutor's premises, and a man was assisting him—I was washing my master's carriage at the time—Draper had not dung enough to make a load, and he applied to me—I noticed Bygram bring a sack from the prosecutor's stables—he put it in the tail of the wagon, and Draper took it up to the top of the wagon, and put dung over it—it seemed to be full, and as heavy as a sack of oats would be—Bygram then returned to the stable—I afterwards gave information.
Cross-examined by MR. BALLANTINE. Q. What time of day was this? A. I can say safely it was between nine and twelve o'clock, because I go out at twelve o'clock—I had seen Bygram before, and I am certain of him—if the sack had been full of any thing but oats, it would have appeared heavy—I saw Bygram bring it out of the stable-gates, which are two or
three yards from where they took the dung up—the gates lead at once into the stable.
NOT GUILTY .
JOSEPH WHITE . I am a labourer, and lodge in Old Cock-lane, Bethnal-green. On Tuesday, the 12th of November, I accompanied Draper to load some dung at a yard in Shoreditch—and after we had done that, I saw Bygram bring a sack of corn from some where—I cannot say where—he pitched it by the side of the cart—Draper asked me to lend a hand with it, and I did—it appeared to me to contain oats—I had my hand on the sack, and carried it into the art—it was put into the fore part of the cart, and Draper covered it over with a tarpaulin—I then went with the two prisoners to a public-house, and we had a pot of beer—I there saw Draper give Bygram something, but I cannot tell what—before I saw Bygram, Draper told me he was going to take some comfor the horses.
Cross-examined by MR. DOANE. Q. Did he not say, "A little corn for the horses?" A. Yes—I was taken up—I never saw the inside of the sack—I am a labourer, and go about the country—I have been used to ploughing—I have not been used to handle sacks a great deal.
Q. Have you not said it might have been empty sacks in it? A. It was not empty sacks—they were on the top of the dung—I said I could not swear it was corn, because I did not see the inside—I was sworn before the Magistrate—I told the clerk that the sack might have contained empty sacks, for aught I knew.
ELEAZAR MEADOWS . I saw the dung loaded on the 12th of November, and while Draper was loading the dung, Mr. Wells showed me one of the nose-bags which had his name on it—I did not see Bygram that day.
Cross-examined. Q. There was no difficulty in seeing the name? A. No, I saw it very plainly—I cannot tell whether it was made out of an old sack—the nose-bag was on one of the horses in the team driven by Draper.
ALFRED SADLER . I am foreman to Mr. Wells. Bygram had charge of the corn in the stable—my master's sacks have his name on them—I missed one sack of corn from the stable on Tuesday, the 12th of November—on the Monday fifteen quarters had come in—on the Tuesday there ought to have been eleven, and there were but ten and a half—I cannot say whether one of the sacks was missing—they were fifteen quarters of a particular sort, and four of them went out—the horses were not feeding on that corn at all.
Cross-examined. Q. Did you see these fifteen quarters come in? A. Yes.
Bygram. There were four quarters, and a-half drawn up—they were not sent out, but drawn up, and six and a-half of another sort were mixed with them, and then five quarters of the mixture went out—the boy who was there can give the same account Witness. I am quite sure that only four quarters were drawn up, and not four and a half—I was there, and gave the order.
all the corn in the stable—in consequence of information, and my foreman finding the deficiency, I gave the prisoners in charge.
BYGRAM— GUILTY . Aged 23.
DRAPER— GUILTY . Aged 51.
Transported for Seven years.
MART ANN ROWLAND . I am the daughter of William Rowland, who keeps a grinder's shop in Cross-street, Church-street, Bethnal-green. On the morning of the 13th of November, I was in a room adjoining the shop—I heard a chinking of money, and went into the shop directly—I saw the prisoner coming from behind the counter, I caught hold of him, and asked what business he had there—I do not recollect that he made any answerhe got from me by struggling—I followed him outside the shop, and caught him again—there was another boy outside, to whom he attempted to give what be had got in his hand, but I was too close to allow of that—I laid hold of the prisoner, and he dropped four shillings—a little girl who was going by picked them up, and gave them to me—I took the prisoner in, and gave him into custody—I noticedthat the till was drawn out, and the prisoner came from the end of the counter, where the till was—I thought there had been about 6s. 6d. in it—I gave the four shillings to my father, who gave them to the officer.
Prisoner's Defence. I was going to my dinner—this witness ran out of the shop, and caught me—I had not been inside.
MART ANN ROWLAND re-examined. There was another boy, bigger than the prisoner, outside—I am certain it was the prisoner who was in the shop, and whom I took hold of, and who dropped the money—I caught him again before he had got off the step.
GUILTY .** Aged 12.— Transported for Seven Years—Penitentiary.
118. EMMA BRADLEY was indicted for stealing, on the 3rd of November, 1 purse, value 1s.; 1 sovereign, two half-sovereigns, two half-crowns, and 7 shillings, the property of William Walter Clare, from his person.
WILLIAM WALTER CLARE . I am in the employ of Mr. Lowden, a linendraper, in Crawford-street I met the prisoner in Oxford-street about two o'clock in the morning, on the 3rd of November—she put her hands into my trowsers—she first put one hand in, and then the other—the pockets of my trowsers are inside the flap—on her withdrawing her hands, I missed my purse—I taxed her with it—she denied it, and produced a purse, which appeared to be empty, and some keys—she crossed the road, and went away—I afterwards found her at a public-house—as she was going to the station-house, the officer asked herabout some keys, and she said a gentleman had taken them from her an hour before—I was sober.
Cross-examined by MR. HORRY. Q. Where had you been? A. I had come from York-street, where I had been in fact all day—I had been drinking—it was a lodging-house, where some friends of mine were—there was one female there—I had no opportunity of giving the prisoner any thing—I had not offered her any thing—we were standing together about five
minutes, doing nothing but talking—I did not ask her to take me home with her—I would not swear that I did not—she showed me some keys, and I took them out of her hand—I did not say, "I can go home myself"—I did not ask her to go up a court—I was taxing her with robbing me for, perhaps, a minute or two—a policeman passed at the time—I did not tell him to takeher—I was not going to give her any thing.
SOPHIA NOBLE . I am the wife of a policeman, and am searcher of females at the Marylebone police station. The prisoner was brought in about three o'clock in the morning—I said I must search her—she said, "What for?"—I told her she was charged with robbing a gentleman—she said; Me charged with robbing a gentleman, the wretch has robbed me of my keys "—I found a purse in her bosom, and one sovereign, two half-sovereigns, one shilling, some copper, and three duplicates—she said a friend had met her that evening, and given her 3l., and she had spent part of one sovereign with some girls.
JOHN ROACH (police-constable D 116.) The prosecutor applied to me at the end of Wimpole-street, about half-past two o'clock—he told me he had been robbed in Oxford-street—I crossed over the road, and asked an officer if he had seen this gentleman with a female, and from what he told me, I Went to the Fox public-house, in Oxford-street, and found the prisoner sitting with a man and woman—I said I wanted her for robbing this gentleman—she said she knew nothing of it—I asked if she knew any thing about any keys—she said her keys had been taken from her by a gentleman—and at the station-house she said these keys were hers—I asked if she had any money—she said, "Only some halfpence," which were in her hand.
Cross-examined. Q. Did he appear to be detaining her at all? A. He was not, they were talking in a friendly way—in an hour and a quarter after, I saw the prisoner in the station-house.
WILLIAM WALTER CLARE re-examined. I recollect seeing this purse, which was found on the prisoner, in her hand—it is not mine—it appeared to me to have nothing in it, but I did not have it in my hand—my purse has not been found—I never saw it in the prisoner's hand—I had not met any other woman whom I had been familiar with—I had seen my purse about half-an-hour before I met her—I had merely been walking down Oxford-street—I was in search of a bed—my purse could not have fallen from my pocket.
Cross-examined. Q. How came you to see your purse? A. I had taken it out at a public-house in Oxford-street, where I was inquiring for a bed, and had sixpenny-worth of brandy-and-water—I cannot say what distance that was from Stratford-place.
JOHN ROACH re-examined. The prosecutor told me he had lost 3l. or upwards—he did not say what coin it was—he said it was in a green purse, and he did not care so much for the money as to take the person—I know the house where he says he asked for a bed—it is the Victoria public-house—it is at the corner of the next street to Stratford-place—it would not have taken him mere than a minute or two to walk from there to where he says he was robbed—he was not drunk—he was sober enough to know what he, was doing.
NOT GUILTY .
GEORGE COPE . I am a stone-mason, and live in Exmouth-street, Hampstead-road. On Monday night, the 11th of November, I met the prisoner in Hampstead-road—she accosted me—after a little conversation she went with me to my lodging—there was a young man in the room, who lodges there—there was only one bed in the room—the prisoner got into the bed with me—we left there at six o'clock in the morning, went to a public-house, and then to a coffee-shop—she left me about one o'clock—I told her I had to go to Marylebone police-office to meet a friend—I missed some money on Tuesday evening—the last time I saw it safe was in a public-house, where I was with my friend, about half an hour after I left the prisoner—I then joined her again at Marylebone office—she then had a cloak on, which she had not in the morning—we went to a public-house—I saw her pick up a fourpenny piece in the street, and she paid for a quartern of gin with it—we went to another public-house in Rathbone-place, and went to a variety of public-houses, and after that I missed my money—when I saw it I had three sovereigns, one half-sovereign, two half-crowns, and three shillings—I have found none of it—both of us got very drunk, and the prisoner sent for a cab—I felt in my pocket for money, and it was all gone but some halfpence—I had not seen it after one o'clock—I told her I had lost my money, and she must have taken it—she laughed, and made some reply—I told the caiman to stop, and call a policeman, which he did—on the way to the station-house the prisoner delivered me a key which had been in my waistcoat pocket, where my money was—I do not think my money had tumbled out—I was not down on the floor or on the seat—I might have fallen asleep—there was some money found on her.
Prisoner. Can you say that I had any of your money to buy my cloak? A. No.
SOPHIA NOBLE . I am the wife of James Noble. I live at the station-house—the prisoner and the prosecutor were brought in quite drunk, on the night of the 12th of November—I searched the prisoner, and found in the pocket of her gown one sovereign, 2l. in silver, lid. in copper, and a bad shilling—her pocket was drawn up out of the gown, and put into her bosom—I took her into a little room, and began to undress heir—she told me to hold my hush, and keep it in the dark—she said, "I have got his money; if you will hold your tongue, and keep it till the morning, I will make you a handsome present, and give you a sovereign"—she said she had been twenty-four years on the town, and had taken many a 10l. note, and put in between the soles of her shoes, and she howed me the place—it appeared to be made on purpose—she has got the shoe on now—there is a vacant place to put it in; and she said, "I bought this cloak out of the vagabond's money, and I gave 15*. for it"—she was very tipsy.
WILLIAM TAYLOR . I am a cab-driver, I was in Tottenham Court-road—I took up the prisoner and prosecutor in Sutton-street, at half-past five o'clock—the prisoner put a cloak in my cab, and asked me to have something to drink—I said I would have a drop of bitters—she told me to take care of the cloak—I said, "It is all right"—I drove up part of Tottenham Court-road, and she looked out, with no cap nor bonnet on, and told me to drive to a public-house, where she would have some brandy-and-water—I
went to the corner of Goodge-street, and they had sixpenny-worth of brandy-and-water—I then went on, and when I stopped she was going away—I said, "You can't go"—she said, "You must drive me to Mary-street, Hampstead-road," and she would not pay me till I got there—we went down Wigmore-street—the prosecutor looked out, and said he was robbed, and told me to call the first policeman, which I did—he would not take the charge out of the cab—I then took them to Marylebone office—the prisoner said, "What did you bring me here for?"—I said, "The gentleman says you have robbed him"—she said, "No, it is in the cab, or else you have got it," and I went to get a candle, and they searched the cab all over, but did not find it.
WILLIAM TOOLE (police-sergeant D 5.) I was in the outer yard of Marylebone office about seven o'clock in the evening, and was called by a cabman who said a man was robbed by a woman—I searched the cab, and found no money—I saw the prisoner putting her hands to her bosom, and then I gave charge of her to another constable—she was taken, and the pocket and money taken from her by Noble.
Prisoners Defence. I met the man between twelve and one o'clock on Monday night—he asked me where I was going—I said, "Home"—after about a quarter of an hour he invited me to go to his apartments—I agreed—we went to a back parlour—after I got into bed, I thought I felt somebody drawing the clothes, and there was a person in the bed—I said, "Is this your wife?"—he said, "No; it is a young man that sleeps very sound; he will not. annoy you "—I said, "If you will give me 20l. I would not stay in this room "—I got up, and sat on a chair—I told him to go out, we went to a public-house and had some gin. and-water, and then to a coffee-shop—we *hen went to another coffee-shop in Drummond-street, and then into another public house, then to a coffeeshop, and had a cup of coffee—I told him I wanted to go to Tottenham-court-road, if he would wait, which he did—I went and bought my cloak, and gave 10s. 6d. for it—when I came back to the coffee-shop he was gone—I went to Rathbone-place, and waited—he did not come—I then, went to Marylebone office, and he was there, but had changed his clothes—he told me to stop for him, as he thought his friend would be liberated, and then we went to several public-houses—in the course of the evening he gave me some money, and I put it into my pocket—what it was I cannot say.
GUILTY . Aged 38.— Transported for Ten Years.
ANN REDMAN . I am wife of Robert Redman, and live in Edward street, Regent's Park—the prisoner lodged with me in a ready-furnished room—she came alone on the 30th of September, and staid four weeks—I missed a tablecloth—she went out in the evening and did not pay—the man who lived with her went out that morning.
Cross-examined by MR. BALLANTINE. Q. Did she come alone when she took the lodging? A. A friend of mine, who lived in the same street brought her to me, and about a week after I saw a man whom she told me
was a cabinet-maker—he lived with her—I missed my tablecloth on the 28th of October.
NOT GUILTY .
MATILDA HILBERS . I live with William Dunt, my uncle, in Ogle-street, Marylebone—the prisoner took a lodging of my aunt—I believe this blanket to be my aunt's—it was lost on the 6th of November, when the prisoner had been there about twenty minutes.
Cross-examined by MR. BAI. LANTINE. Q. You cannot be positive to this being your aunt's? A. I believe it is.
GUILTY . Aged 21.— Confined Three Months.
THOMAS GOOD . I am shop-boy at Mr. James Aldous' sale shop in London-street—on the 11th of November I was at the door between eight and nine o'clock in the morning, when the prisoner came to the door and took up a set of brushes, put them under his coat, and walked away—I ran after him—he threw them at me, and struck me in the eye—I laid hold of him till a man came and took him—the brushes were picked up in the street—these are them—(looking at them.)
THOMAS COOPER (police-constable C 141.) I took the prisoner, and produce the brushes—he said he did not take them, another boy took them, and ran away—he was asked at the station, and said there was no one with him.
Prisoner's Defence. I know nothing of them.
GUILTY .* Aged 15.— Confined Six Months.
MARTHA RIDLER . I keep a lodging house in Dyer's-buildings, Holborn. The prisoner was my servant—on the 19th of November I went to bed between eleven and twelve o'clock—some time after, I heard a noise in my room—I had left my pocket on a chair by my bedside, and put my things over it—the prisoner came up in the morning about six o'clock very quietly and stood at the foot of thebed—the curtains were partly drawn—she then went down—when I got up my pocket was gone from the side of the bed, where 1 had left it, and was at the bed foot—I missed from it two sovereigns and a shilling—I asked her what she did in the room so early in the morning, and she said she had not been there—I said I had lost something, but I did not say what—she denied that she bad been in the bed-room, and then she confessed she was in the room, and had taken two
sovereigns and one shilling—I asked her what the bad done with it—she said she had thrown them down the privy—on looking there, nothing was found—it could not be searched—it is twenty feet deep—I did not make her any promise or threaten her.
Cross-examined by MR. PAYNE. Q. How much money was in the pocket? A. Nine sovereigns, a 5l. bill, two shillings, and one sixpence—I am quite sure the prisoner came into the room in the morning—it was light enough to see her—she had no cap on—I did not see her do any thing—I was wide awake—a friend was sleeping with me, who is here—the prisoner walked as if she had no shoes on—after some talk she said she had taken this—I did not say that if she confessed she should not be punished—Mrs. Cook was there—Mr. Ward came in after—I held out no promise to her, nor did any one—she came from Ireland, and had been with me about five months—she was rather alarmed when the policeman came.
WILLIAM COURTENEY (City police-constable, No. 15.) I took the prisoner—she made the same communication to me as to the prosecutrix—I went to the privy, lighted a piece of paper, and threw it down—there was no appearance of any thing, but the depth was very great.
Cross-examined. Q. Did the prisoner seem frightened? A. She seemed rather agitated—she said she had thrown it down—Mrs. Ridler and Mrs. Cook were there—I do not know whether Mr. Ward was present—nothing passed in my presence amounting to a threat or promise.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Three Months.
WILLIAM GLASSCOCK (police-constable T 61.) Between seven and eight o'clock in the morning on the 11th of November, I saw the prisoner: in Star-street, Paddington, five or six miles from Willesden—I stopped him asked what be had got in the rush basket which be had—he said, "Poultry"—I asked him where he was going to take it—he said to Smithfield market, and that he had brought it from Mr. Tanner's, at Harlesdengreen—I found in the basket five fowls, some of them were warm—in one of his pockets I found two more fowls, and one fowl in another pocketfound on him some lucifer matches—he said then that he meta man on the road, who asked him to bring them to London.
Cross-examined by MR. PAYNE. Q. Are you quite sure he mentioned the name of Tanner and Harlesden-green? A. 0Yes—that is to the left of Willesden-green—you go up the Harrow-road to both of them—the fowla were all dead—those in the basket were warm—that might have been from their being closely shut up, or being but a short time killed.
CHARLES WEIRE . I am a servant to Mr. John Elmore, who lives in the parish of Willesden. The prisoner came to me on the 10th, in the farm-yard, and asked if I could give him a job of work—I said I should want two men on the Monday, that I should see Mr. Elmore in the course of the day, and if he came on the Monday morning I would set him to work—I saw the hen-house all safe that night, and on the Monday morning I opened the door, and sent a man in to let the fowls out—they all flew out so fast I could not count them, but I knew I had lost some—I saw eight fowls at the station-house on the Tuesday, and they were Mr. Elmore's.
Cross-examined. Q. You have got a largo stock of fowls? A. Yesthere were more than fifty—Mr. Elmore bought ten chickens—he picked out two of them, and told me to take particular notice of them, and not to let them be killed—they were to be kept to breed from—we might have had them about three months—I fed them every day, and those two were amongst those that were found on the prisoner—one of them was a white hen all but two or three little black feathers, and there might he a spot of black round its neck, and one of them had black legs—I am quite sure I saw them at the station-house and 1 missed them.
GUILTY . Aged 22.— Confined Six Months.
JOSEPH SANDERS . I am a cooper. On Saturday, the 9th of November, I was passing the prosecutor's shop about half-past ten o'clock in the evening, and saw the prisoner coming out of the shop with the shoes—I asked where he was going—he said, "Go on, go on"—I took hold of him, led him to the shop, took the shoes from him, and delivered them in at the shop.
GUILTY . Aged 15.— Confined Three Months.
126. BENJAMIN SPUNDLEY was indicted for stealing, on the 13th of November, 5 planes, value 8s. 6d.; 1 saw, value Is.; 1 oil-stone, value 1s.; 3 chisels, value 2s.; 1 hammer, value Is.; and one rule, value 1s.; the goods of Josiah Barnes: 2 planes, value 1s. 6d.; and one screwdriver, value 1s.; the goods of George Wingrove: 4 planes, value 6s.; one saw, value 1s.; 1 lock, value 2s.; and 1 sack, value 4s.; the goods of Matthew Hooker: and that he had before been convicted of felony.
GEORGE WINGROVE . I live in Edmund-street, Battle-bridge, and am a carpenter. I have. known the prisoner some time—he worked in Mr. Matthew Hooker's shop in the Chalk-road, where I worked—on the night of the 13th of November I left at eight o'clock, and locked the door—the next morning, at six o'clock, I found the tiles had been taken off the roof of the work-shop, and the lock of the door broken from within—I missed some tools of mine, some of Mr. Hooker's, and the sack which was Mr. Hooker's, had been in an adjoining shed.
WILLIAM PERRIN (police-constable E 49.) I met the prisoner at half-past ten o'clock at night, on the 13th of November, with this sack of tools—I followed him to Leigh-street, and stopped him—I asked what he had got—he said some tools, which he was going to take to his master's—I asked where—he said, Just round here"—I went with him a few yards, and then I asked how far it was—he said, Half a mile"—I took him to the station-house, and found in the sack these tools, which the prosecutors have identified.
prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person.
GUILTY .— Transported for Seven Years.
JOHN CURLEY . I am shopman to George Turner, a silversmith in Long-acre. About eight o'clock on the night of the 30th of October, I was at the door, watching my master's goods—I saw the prisoners come there—Martin took down a silk umbrella which was hanging at the door—Allen was with him at the time—when he had taken it, they walked away together—Martin did not ask the price of it, but put it partly under his coat so as to conceal it—Allen could see what he did—I called my master, and we went after them—I caught Martin, and my master caught Allen, who got away—Martin tried to get from me, but my master assisted me in securing him—this is the umbrella—it is worth 15s.
Cross-examined by MR. PHILLIPS. Q. Where was Martin standing when he took it? A. By the shop door—it could be reached from outside.
GEORGE TURNER . I live in Long-acre. In consequence of an alarm from my boy, I saw the prisoners outside my shop—they were walking armin-arm—I took the umbrella from Allen—he broke from me—I then seized Martin, and brought him back.
CHARLES HENRY BAGNELL (police constable F 31.) About eleven o'clock that evening, I took Allen in Drury-lane—I told him I wanted him—he said, "What fort"—I said, "Do you know any thing about an umbrella?"—he made no answer.
EDWARD MABB (police-constable F 114.) I produce a certificate of Allen's former conviction, which I got at Mr. Clark's office—(read)—he was convicted of stealing a walking-stick from Mr. Turner, the present prosecutor.
Transported for seven years.
128. JOHN BALL was indicted for stealing, on the 28th of October, 1 brush, value 8s. 6d. the goods of James Simmons: and 1 brush, value 3s. 6d., the goods of Thomas Rayment: and that he had been before convicted of felony.
RICHARD SYER . I am a labourer. I was at work at some houses in Hyde-Park gardens, on the 25th of October—some white-wash brushes were missed from the stable of No. 16, there, and the next day 1 found two brushes concealed under some lime in a stall—I was placed to watch them, in a cistern over the stall where the brushes laid, and about six o'clock in the evening the prisoner came, and looked at them—he closed them up again, then wiped his hand, and walked away—I still kept watching, but no one came—on the Monday morning, the 28th, I was watching again for some time, when I was called out, and in ten minutes or a quarter of an hour, Mr. Allen came and told me the brushes were gone—these are them—(looking at them,)
Cross-examined by MR. BALLANTINE. Q. Do you know them? A. Yes—they were lost from a little room over the stable—one of them is
James Simmons's, and the other Thomas Rayment's—I saw the prisoner come and put his hand in the lime—he did not seem surprised at finding the brushes—he stopped, and seemed to listen, wiped his hand and went away.
JAMES SIMMONS . I went to get my breakfast on the 28th, and heard Mr. Thomas, the clerk of the works, say, "There he goes "—I ran down and saw the prisoner—Mr. Thomas stopped him, and took these two brushes from him—one of them is mine, which I had missed.
Cross-examined. Q. Were they kept together? A. No—one was in one room, and the other in another—they were missed at one time.
GUILTY .— Transported for Seven Years.
Sixth Jury, before Mr. Common Sergeant.
CAROLINE SMITH . I live with Mr. Joseph Erhart, a confectioner in the Strand—the prisoner was his errand-boy—on the 13th of November I gave him a sovereign to get change—he did not bring back either—I saw no more of him till he was in custody.
Prisoner. You did not give it me—you laid it on the pewter, and when I came up, you said, "Never mind, I will do without the change now."
Witness. I am confident I gave it into your hand, and you left the shop with it.
Prisoner. If Mr. Erhart was here, he would tell you that she was down stairs at dinner at the time. Witness. It is no such thing.
Prisoner's Defence. I did not take it—I went away because my master made me take some dust out and do some extra work—I met my master the next day, and he did not take any notice of me.
GUILTY . Aged 15.— Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
RICHARD TWEEDY . I am foreman of the tobacco warehouse in the London docks. On the 14th of November, the prisoner was employed in that warehouse—as he was leaving that evening, I took him into a place and searched him, and found about 2 lbs. of tobacco concealed up his back under his jacket—he took a knife and cut a rope-yarn that was round his body, and the tobacco fell down—I asked if he had any more about him,
and he said so help him—he had no more; but I found about 1/2 lb. of tobacco in his shoes, and Kemp found some more on him—he had been at work on tobacco of a similar description—he told the gate-keeper that distress had driven him to it.
Cross-examined by MR. PAYNE. Q. Where else had he any? A. On his shoulders and his legs—he had not-lost a day's work for the last three months—from the 1st of November, he had 2s. 4d. a day, and previous to that he had 2s. 6d.—I have heard that he has a wife and family.
(The prisoner received a good character)
GUILTY . Aged 30.—Recommended to mercy.— Confined Six Months.
131. WILLIAM COUPLAND was indicted for stealing, on the 16th of October, 13lbs. weight of mutton, value 8s. 6d.; and 3/4 lb. weight of pork, value 6d.; the goods of John Brooks Pain, his master: and SARAH COUPLAND , for feloniously receiving the same; well knowing the same to have been stolen; against the Statute, &c.
JOHN BROOKS PAIN . I keep a butcher's-shop in Lambs Conduit-street. The male prisoner was in my service—on the 16th of October, I went with a policeman to No. 6, Boswell-court, to a room occupied by the female prisoner—I then went with the officer to the station-house—he showed me some mutton and pork, which I believe to be mine—I compared them with some meat at my shop, and they corresponded.
ALFRED WALKER (police-constable E 43.) I stopped the female prisoner in Boswell-court—she had a leg and shoulder of mutton, and a piece of pork—she said she had some mutton, which she got at Newgate market.
NOT GUILTY .
132. WILLIAM COUPLAND was again indicted for stealing, on the 13th of October, 17lbs. weight of beef, value 9s.; and two meat-cloths, value 2s.; the goods of John Brooks Pain, his master; and SARAH COUPLAND , for feloniously receiving the same; well knowing the same to have been stolen; against the Statute, Sec.
JOHN BROOKS PAIN . The male prisoner slept at my house in general, but sometimes he slept out—the female prisoner is his wife—we have ascertained that—I went to their lodging in Boswell-court on the 16th of october, and found a round of beef and these cloths—I have no doubt they are mine.
Cross-examined by MR. PHILLIPS Q. How long do yon suppose the beef had been in salt? A. Two or three days—I know it was in the shop on the 12th—I have five men and boys, and they all sell—the money is handed to me or to Mrs. Pain.
COURT. Q. To your knowledge, have you ever sold or booked any meat to the prisoner? A. Never.
when he was at the station-house, where he got it—he said he had bought it of a man in Whitechapel.
Cross-examined. Q. How long had it been in salt? A. It might have been seven or eight days.
NOT GUILTY .
133. SARAH COUPLAND was indicted for stealing, on the 6th of April, 1 shift, value 1s.; 3 bedgowns, value 6s. 6d.; 2 petticoats, value 7s.; 2 sheets, value 10s.; 2 pillow-cases, value 4s.; 1 tablecloth, value 4s.; 1 napkin, value 6d.; 1 veil, value 30s.; 1 apron, value 2s.; 1 cap, value 2s. 6d.; 1 sampler, value 6d.; 1 shirt, value 7s.; and 1 slide, value 2s.; the goods of Robert Harbridge, her master.
ELIZA HARBRIDGE . I am the wife of Robert Harbridge, a butcher, in Grove-terrace, Brompton. The prisoner was in our service, and left on the 13th of July—I missed various articles before she left, but I had not exactly missed these till she had left—I missed one article before she left, which was a black lace veil—I cannot say what month it was in, but my mother was staying with me, and the first night she came she missed her veil—the prisoner did not visit me after she left—these articles are mine.
Cross-examined by MR. PHILLIPS. Q. Was William Coupland in your service? A. Yes—he left before the prisoner—she left me on the Saturday, and they were married on the Monday—I have seen him in the shop after she left—her name was Sarah Hackland.
WILLIAM CHRISTOPHER YOUNG . I am a pawnbroker at Brompton. I produce a number of articles pawned at different times, some in the name of Smith, and some in the name of Coupland—the last I took in was on the 24th of July—I believe the prisoner was the person who pawned them—on the 6th of April, two sheets, and two pillow-cases were pawned, but I did not take them in.
NOT GUILTY .
CORNELIUS DONOVAN . I live in Holy well-street, Strand, and am a winemerchant. I put an advertisement in the paper for a servant—the prisoner came as such, on the 11th of November, and gave a reference to the matron of the Westminster Hospital—I went down in the kitchen about six o'clock, and asked her if the matron could be seen then—she said, "Yes "—I went up stairs, and was preparing to go to the hospital, when I heard the balldoor close—I went down, and found the prisoner was gone—I missed my cloak, which I had seen safe that morning—this is it—(looking at it.)
FELIX HILLER (police-constable E 122.) I was on duty on the 12th of November, in Regent-street, and took the prisoner in charge for another felony—she had a bundle—I asked what was in ft—she said, a cloak that she had bought in Petticoat-lane—I found this cloak in it.
Prisoner. I bought it six months ago in Petticoat-lane.
GUILTY . Aged 25.— Transported for Seven Years.
JOHN SMART . I am a tailor, and live in Castle-street, Whitechapel. I had a jacket, waistcoat, and trowsers hanging up by the door, inside my shop—I saw them safe at half-past ten o'clock, on the 22nd of November, and missed them about half past eleven o'clock—these are them—(examining some,)
THOMAS COLLINS . I keep a public-house in Rosemary-lane. I have seen the prisoner several times come to my house with his brother, who is bigger than him—on the 22nd of November, about twelve o'clock, the prisoner was fitting on a suit of clothes in my tap-room—I said, "I doubt you stole them"—he said he had given 12s. 6d. for them—soon after, he told some person in the tap-room where be took them from—I went to Mr. Smart's, and gave information—the prisoner was taken in my tap-room, in my presence, with the articles—he begged pardon, and said he hoped they would forgive him.
JOHN MADDEN (police-constable H 161.) The prisoner was given into my custody, about a quarter past one o'clock on the 22nd—I found these clothes on him.
GUILTY *** Aged 18.— Transported for Seven Years.—Convict Ship.
GEORGE GILBERT WATSON . I am in the service of Mr. John Weaver, an eating-house keeper in High-Holborn. On the 14th of November I put one shilling into the till, which I had just taken of a customer—there was nothing in that part of the till but a bag—there was some copper in the other part—I shut the till and went into the street, to speak to a person about some repairs which were doing to the house, and on my return the prisoner was leaning over the counter, with the till half open, the bag in his left hand, and the shilling between the thumb and fingers of his right hand—I collared him, and asked what business he had with the bag—he said he did not know—I asked what he did with the shilling—he said, after some hesitation, that he wanted change for a shilling—I gave him into custody.
Cross-examined. Q. Is your master here? A. No—there was no mark on the shilling, but being no other in the till, I am positive it is the same—it is a shilling much worn—I was not absent more than five or six minutes—I was speaking to a person next door—I did not see the prisoner go in—when I went in his back was towards me—if any one had gone in then, they would not have been served in my absence.
Cross-examined. Q. How long was the witness with you? A. Three or four minutes—I was at work next door—when I took the prisoner he said he wanted change for a shilling—he waited quietly till the policeman came.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Six Months.
137. HENRY SULLIVAN was indicted for stealing, on the 9th of November, 1 basket, value 2s.; 1 shawl, value 4s.; 1 pair of boots, value 2s.; 1 handkerchief, value Is.; 2 gloves, value 6d.; and 40 walnuts, value 6d.; the goods of Elizabeth Mary Cork.
ELIZABETH MARY CORK . I am single, and live in Jamaica-level, Bermondsey—I keep a stall in Covent-garden. On the 9th of November I had this basket and its contents—I put it under the bench in my stand—I saw it safe between four and five o'clock in the morning—the porter brought it to me again in about half an hour—this property is mine—(looking at it.)
GEORGE CLARKE . I am a porter at Covent-garden. I was standing in James-street, and saw the prisoner with this basket—I watched him, and saw him hide it behind a stable-door—I took the basket—there was a book in it, with the name of the owner—I left the basket at the public-house, in care of the bar-man—I took the book out, and went to Mrs. Cork's with the prisoner—and while I was at her stand he got behind, and tried to run off—1 pursued, and gave him into custody.
Prisoner. I am not the boy you took it from. Witness Yes, I saw you plain enough.
Prisoner's Defence. I was going along, and the witness said, "You are the boy that stole the basket"—he did not see me put it down—he took me to the woman, and then I was going away, and he gave me into custody.
GUILTY .* Aged 15.— Transported for Seven Years—Convict Ship. (The prisoner had only been discharged from the House of Correction two days for stealing candlesticks.)
OLD COURT.—Saturday, November 30th, 1839.
Second Jury, before Mr. Sergeant Arabin.
GUILTY .* Aged 17.— Transported for Seven Years.
GUILTY . Aged 17.— Confined Two Years.
GUILTY . Aged 49.— Transported for Seven Years.
PHILIP HANBURY, ESQ . I am a banker. On Friday evening, the 27th Of November, I was in Wych-street, Drury-lane, about twenty-five minutes to eleven o'clock, and felt something at my pocket—I turned round and found my handkerchief in the prisoner's hand—I took hold of him, waited till a gentleman came up, and gave him in charge—this is my handkerchief—(looking at it.)
Prisoner. It was not me—two young men pushed me against the gentleman—I saw them take the handkerchief. Witness. I saw him with it in his hand.
GUILTY . Aged 22.— Transported for Ten Years.
WILLIAM ABRAHAM SOAR . I am shopman to Richard Hudson Telfer, hosier in New-street, Covent-garden. On the 21st of November, at half-past ten o'clock in the evening, a gentleman bought a handkerchief off a piece, and three remained—while I was engaged in getting him something else, the prisoner came and asked for a pair of socks, and what was the lowest price—I said 6d. to get rid of her, as I thought she was not after any good—she had a child with her—I was getting several things for the gentleman, and while I turned my back, she must have taken the handkerchiefs, for I missed them directly the gentleman was gone—the gentleman gave her 6d. to purchase a pair of socks, out of charity—she went out—I gave information to the constable who brought her back with them in about five minutes—these are them—(looking at them.)
GUILTY . Aged 28.— Confined Three Months.
Before Mr. Baron Parke.
GUILTY . Aged 19.— Death Recorded.
GUILTY . Aged 19.— Death Recorded.
Before Mr. Justice Bosanquet.
145. ELIZABETH PARKER was indicted for stealing, on the 13th of November, at St. Clement Danes, 1 cloak, value hi.; 1 coat, value 1l. 10s.; 4 waistcoats, value 3l.; 2 pairs of trowsers, value 1l. 15s.; 1 shirt, value 5s.; 3 handkerchiefs, value 4s.; 1 pair of spectacles, value 12s.; 1 eye-glass, value 8s.; and 1 pair of bracelets, value 8s.; the goods of Charles Molloy Westmacott, in the dwelling-house of Edward Stammers :—also for stealing, on the 9th of October, 1 gown, value 4l.; 2 waistcoats, value 2l.; 1 cloak, value if; and 1 handkerchief, value 8s.; the goods of Charles Molloy Westmacott, in the dwelling-house of Edward Stammers :—also for stealing, on the 20th of April, 1 cruet-stand, value 7s.; 2 spoons, value 5s.; 1 cruet-frame, value 1l. 10s.; and two curtains, value 8s.; the goods of Edward Stammers, her master:—also for stealing, on the 19th of February, 5 blankets, value 1l. 13s.; 5 decanters, value 1l. 2s.; 2 tumblers value Is.; 3 pillows, value 3s.; 2 saltcellars, value Is.; 2 curtains, value 3l. 12s.; 1 quilt, value 5s.; 3 sheets, value 3s.; 1 bolster, value 5s.; 1 spoon, value 10s.; 1 watch, value 12s.; 2 tablecloths, value 7s.; 2 pillowcases, value 3s.; and 1 looking-glass and frame, value 10s.; the goods of Edward Stammers, her master: to all of which she pleaded
GUILTY .— Transported for Seven Years on each of the two first indictments.
JOSEPH M'GREGOR . I am a policeman. On the 13th of November I was on duty in the parish of St. Clement Danes, a few minutes before twelve o'clock at night, and observed the prisoner standing at the door of Edward Stammers, No. 100—it is a double house—No. 99 is adjoining to it—in consequence of what she said to me, I went into the house, and went up to the second floor—she opened the door, and I found the room full of smoke—I staid there about half an hour—I had opportunities during that time of looking at different parts of the room—I did not find any part of the house burnt—I found a chair and a chest of drawers, but no part of the house on fire.
HENRY CARTER . I am a fireman to the County Fire-office. I went to this house, No. 100, next morning at eleven o'clock—I went in and examined the room—I found a small portion of the flooring next to the hearth charred, just scorched, or burnt in a trifling way—I have no doubt it had been on fire—in a red beat, but not in a blaze—I could tell that by the wood being charred and burnt a little—that might possibly have been done previously, by ashes falling on the floor—I cannot say when it was done—it was no depth—if it was a quarter of an inch in the wood, it was as much as it was—I did not examine to see how deep it was.
NOT GUILTY .
Before Mr. Baron Parke.
147. ELLEN BROWN was indicted for unlawfully, maliciously, and feloniously assaulting Mary Ann Stevens, on the 11th of October, and cutting and wounding her in and upon her head, left eyebrow, and left side of her face, with intent to kill and murder her.—2nd COUNT, to maim and disable her.—3rd COUNT, to do her some grievous bodily harm.
MART ANN STEVENS . I am a widow. I lodged in the same room with the prisoner, in Salmon's-lane, Nelson-court, Limehouse, for about three months—on the afternoon of the 11th of October, she hit me with her closed fist, first on the eye, and then asked me for 6d., which she had lent me—I put my hand into my pocket to get it, and she hit me with a quartpot on my right eye, called me a b—w—, and said she would take my life—she was not intoxicated—she had never told me to go away from the lodging, but she wished me to go—I had four blows with the quirt-pot over my head, and one over my eye—it was a pewter-pot—I bled very much, and tried to getaway, but she shut the door, and fastened it, and I threw myself out of the window—the room is on the ground-floor—after giving me two wounds with the quart-pot, she put her hand on my neck, and threw me down on the bed, and struck me twice with the quart-pot while I was on the bed—when I threw myself out of window, she followed me, and hit me as I was going across towards a person's door to save my life—she hit me with her fist when I was out of doors, and chucked a bucket full of water alongside of me—the policeman then came to my assistance, and I gave her in charge—Catherine Downey came in at the time she began to jaw me, and went out again—she told the prisoner to keep quiet, but she said she would not, she would take my life away—I had not had any quarrel with her, except about the 6d.—she did not give me time to give it to her—it was in halfpence—Idid not strike her at all, nor
had I done so before this day—the bed not demanded the 6d. of me before that day—I did owe her 6d. I had no quarrel with her about my having a man in bed with me—she made a charge of that kind, but it was not true, and if I was dying the same minute, I would say the same words—she bad quarrelled with me very much the night before about my child who had eaten a bit of meat which was left at dinner.
EDWARD THOMAS ROE . I am a surgeon. On the 11th of October the prosecutrix was brought to the London-hospital, between five and six o'clock in the afternoon—she had several wounds on the left-side of her head, and the upper and back part of her head—they were wounds of a serious description, and were dangerous—there were two on the left-side of the head, of nearly equal size, about an inch and a half long, dividing the flesh from the bone—they were such wounds as might be made with a quart-pot—she is not yet discharged from the hospital—I do not consider her perfectly out of danger now—she was not senseless when she came in, but she seemed stupid—she seemed to have been drinking, but was not in liquor—her breath smelt of liquor.
CATHERINE DOWNEY . I live near the prisoner—I went to her house on the 11th of October, about a quarter to three o'clock, to ask after her sick child—I heard her ask Stevens for 6d.—Stevens said she had not got one—she said, "Let me have it, I pawned the sheet off my bed to get it for you—I must have it"—Stevens put her hand into her pocket, brought out some halfpence, counted 6d., and said, "There it is, and you shan't get it"—the prisoner then got up, and got hold of her hand to get it from her—they were both holding by it—I put the child into the cradle, came out, and saw no more of it till I saw Stevens lifting up the window, and coming out, all over blood—I saw no quarto-pot used.
MART GEARY . 1 saw the prosecutrix falling out of the window—she was all over blood—the blood was flowing from her head, and her clothes were bloody—the police was sent for, and the prisoner was taken into custody—I had previously heard them quarrelling in the house for a long time—I heard the prisoner say to her several times, that she would have her life or her sixpence—the prisoner was not intoxicated.
WILLIAM BEASLEY . I was going along Salmon's-lane, Limehouse, on the afternoon of the 11th of October, and saw the prosecutrix—she had blood as low as her waist—none of her features or her clothes could be discerned for blood—I saw the prisoner taken by the policeman—she resisted very much—she was in a great passion, and said he should not take her—I was called on to assist him—I went in, and she was in the act of stabbing the constable with a knife—I laid hold of her by the wrist, and prevented her—she did not appear the least in liquor.
Prisoner. His evidence ought not to be taken—he is a broker—he never saw any thing of the matter—he can say what he likes when he is paid for it. Witness. I am a fishmonger—my father is a broker, and I occasionally assist him.
HENRY HUTTON . I am a policeman. I heard the cry of "Murder," and went up—I found the prosecutrix at the end of the passage or court where the prisoner lives—her clothes were off down to the waist, and completely covered with blood—I could not discern a feature, and the blood was running off down to the ground—the top of her gown was torn down as far as the waist—I went, and took charge of the prisoner—she resisted violently, and locked herself in her room—I forced the door, and called for assistance—she escaped after I got her out, and concealed herself under a
bed in another person's house—when she came out, she seized a knife from under a table—Beasley, who I charged to assist me, caught her by the wrist—she repeated two or three times that she would kill the prosecutrix as soon as she came out—on the 19th of October, after the examination at the hospital, as I was taking her to Clerkenwell prison, she said she was not the least sorry for what she had done, and if she had killed her she should not have been the least sorry for it—she said when she came out she would make her pay her what she owed her—on the Friday previous to the last examination, she said in the cell, two or three times, that she would kill her.
Prisoner's Defence. My husband has been fourteen weeks in the hospital—I have nothing to live on, but what I get myself by washing, and have three children to support—I took in this woman out of charity, and had her for three months—she paid me nothing—I sent her to market, and gave her 2s. worth of things—I had lent her some clothes to pawn—she was giving me the money on Monday, I told her to keep it till Friday, when I wanted it to take to my husband—at three o'clock 1 asked her for the 6d.—she clapped her hands to her * *, and told me to knock it out—I said I would compel her to give it to me—she said, I won't give it to you"—I got hold of her hand—she fastened her hand on my head—I hit her, and her head came against the door, and that made the two wounds—she kept the 6d. and cried out" Murder" and every thing—she had drank something, and bled at the nose—I do not deny hitting her in the nose, but nothing else than with my hand—I never said I would take away her life—I was in a passion, certainly.
MARY ANN STEVENS re-examined. I used to work in a garden, and at times follow the market, for a living. I am certain she struck me with a quart-pot, and threatened to take my life—I did not fall on the edge of the door—I did not strike or pull her at all—I defended the blows off my head.
CATHERINE DOWNEY re-examined. I did not see the prosecutrix strike the prisoner at all—I saw them pulling each other about for the 6d. one trying to get it, and the other trying to keep it—I never saw her give her a blow.
GUILTY . Aged 40.—Of an Assault only— Confined Seven Months.
Before Mr. Justice Bosanquet.
148. JOHN BIRD was indicted for feloniously breaking and entering the dwelling-house of Louis Kyezor, on the 22nd of November, at St. Martin-in-the-fields, and stealing therein 1 watch, value 2l., the goods of David Myers.
DAVID MYERS . I am a watchmaker and silversmith, and live at No. 389, Strand, in the house of Louis Kyezor, my brother-in-law—he does not live in it—nobody lives there but myself and a lodger on the third floor—I do not rent the house, but carry on the business for my brotherin-law there—it is his property, and the house also—I have the care and charge of all the property to do as I think proper with. On Friday, the 22nd of November, I came out of the parlour into the shop, at about half-past five o'clock in the evening—I went to attend to the shop, having called the boy in, to get his tea—when I got into the shop I saw a man's hand through a pane of glass, with a watch in his hand—the glass had been cut by some person about a month back, but that did not make it
loose in the least, it was completely firm, and there was do aperture—when I saw the hand through, the hit of glass was taken completely out—the pane is about twenty inches long, it is common glass—the hole was at the upper corner—I instantly ran out, and saw three persons as close as they could stand together—the prisoner, who is the one I perceived with his hand through the hole, gave the right-hand man something, and the prisoner and the man on the left, turned towards Southampton-street, which is only one door from my house—the man on the right crossed the road into the Strand—I followed the prisoner five or six yards from my door, and when in the act of taking hold of him, the policeman was coming up, and J gave him in charge—he was between us, the policeman coming towards him, as I was following him—I had seen the pane of glass safe and perfect within ten minutes, or a quarter of an hour—the watch cost my brother 2l. 12s. 6d.—I did not miss any thing else at the same time, as I had not an opportunity of looking—there are three gas-lights in the shop, by which I could distinguish any body walking on the opposite side of the way even—I saw the prisoner's face distinctly, to know him again, even if he had no jacket on—I have not the slightest doubt of him—I have not found my watch.
Cross-examined by MR. HORRY. Q. Are yon responsible to your brotherin-law for what you buy and sell? A. Most undoubtedly I am—I buy and sell for him as well as myself—it is all one—I am not a shareholder with him—I am supported by him—I take what I think proper out of the till, or do as I think proper with any thing—I give him all the profits—he pays me nothing, but I live in the house—I am maintained from the profits of the shop—I have a few hundreds of my own—I do not take any thing for myself out of the profits—my dinner is sent from his table, and the servant at home gets my breakfast—he is Mr. Kyezor's servant—he allows me to take what money I like from the till, not for my maintenance, but if I wanted money for any use he would not find fault with it—he never goes to the till himself to my knowledge—he takes my word for every thing—I tell him what I do—he would not object to my keeping any of the profits if I pleased—it has not been agreed that I should do that—the stock is put into my possession to do the best I can with—he does not look after me—if I was to make away with 1l. or a guines, and said, "Brother, I have done so and so," he would say, "Very well"—there is no account kept between us—I took possession of the stock nearly twelve months ago—I was to do the best I possibly could for both him and myself, and the family—there is not the least agreement between us—nothing has passed about my taking any share in the business—he allows me to do what I like with the stock, but I never take any of the profits—I sup with him every night, if the weather permits—he is a silversmith and jeweller, and lives in Tottenham-court-road—I buy and sell the stock at times, and sometimes he buys things and sends them to the shop—when I sell them I put the money into the till—he took this as a branch shop, on purpose that I should be able to assist the family—there have never been any losses in this shop—I have never had any bills to make up—I owe nobody a fraction, nor does he—supposing there was a loss I should go to him to make it up—it is a single-fronted shop, and the stock is worth close upon 3000l.—a great part of it is in the window, which is nine or ten feet long—the stock consists of plate and watches—the shop—door was open on this night, but not the passage-door—nobody standing at
the door could see me coming from the parlour—there is a very brilliant gas light just opposite the shop—the moment I got out at the shop-door the three men turned round to go away, and the centre one was very quick—I did not catch hold of one of them—there was only a bit of glass removed—it was large enough for me to get my hand through, and take a watch.
WILLIAM PAYNE . I am a policeman. I was on duty on the 22nd of November, about half-past five o'clock in the evening, and coming down Southampton-street I met the prisoner running, and the prosecutor following him—the prosecutor gave him in charge—it was just at the corner, at the second house in Southampton-street—the prisoner was between us—Myers charged him with stealing a watch—the prisoner said nothing—I took him back to the prosecutor's, and searched him, but found nothing on him.
Cross-examined. Q. You did not find his band cut? A. I never examined it—the gas was lighted, and it was dusk—the prosecutor's house is in the parish of St. Martin-in-the-fields.
DAVID MYERS (re-examined.) I never prosecuted any one before—my brother has—I have no interests in the profits, nor any right or claim on the property—I do it for the family, as I have enough of my own—the house is two doors from Southampton-street—it joins the corner-house—I apprehended the prisoner about ten yards from the door—there are two lights in the window, and one behind the counter—the window lights threw a light on the prisoner's face—the countenance of any body at the window could be discerned—there is a sash inside the window—I should have to look through two squares of glass to see him.
(David Evans, of Tavistock-street, Bethnal-green, gave the prisoner a good character.)
GUILTY . Aged 18.— Transported for Ten Years.
Before Mr. Baron Parke.
150. JOHN HENRY and JAMES TAUNTON were indicted for a robbery on Jabez Poulson, on the 1st of October, at St. John the Evangelist, Westminster, putting him in fear, and taking from his person, and against his will, 1 watch, value 1l.; 3 rings, value 1l. 5s.; 1 sovereign; 1 shilling; 1 sixpence; 2 pence, and 4 halfpence, his property.
Mr. Carrington conducted the Prosecution.
JABEZ POULSON . I live in Whitcombe-street, Leicester-square, at Mr. Saphill's, who married my sister—I am a working jeweller, in the employ of Brown and Kay, manufacturing jewellers, Tavistock-row, and have been nearly eight years in their employ. On Monday, the 30th of September, I was walking to my lodging from Brown and Kay's, between seven and eight o'clock in the evening, I think nearer eight, and saw the prisoner Henry—I stopped to look at some books at a shop in St. Martin s-court, and he came up and remarked on the cheapness of them—I said, they were so—I put the book I had in my hand down, and walked on to Leicester-square—he walked with me as far as my own door, and then wished me good night—he had followed me and entered into conversation—on the evening of the 1st of October I had just come from my own house to go out for a walk after business, about half-past eight o'clock—I was passing down my own street, and at the corner of James-street Heny came up to me and said, "How do yon do, sir?"—this was about four houses from my own house—I acknowledged the compliment and walked on—he followed, and entered into conversation with me—I went down
the street towards Charing-cross, and passed on through Charingcross past the Horse-guards—he still continued walking with me—I kept straight on down the street towards the front of Westminsterabbey, not Parliament-street, hut the street on the right hand side—I went on down Dean-street, and when we got down Dean-street, near the corner of Peter-street, he seemed suddenly to recollect himself and he remarked that a friend and himself were going to open an eating-house, that the men were at work on the premises, and be would go and see how they got on, and would I go with him—I went with him to No. 66, Peter-street, as I have since ascertained, it was about the middle of the street—when we got to the door, he took a key from his pocket and opened the side door in the passage close to the street door—he went in first, I did not follow him immediately—I did not intend to go in, but he turned round and asked me to step in, which I did—the moment 1 had stepped in, he closed the door and seizing me by the collar, said, "Now you are in my power"—there was a candle burning on a little shelf in the corner in the shop, which was under repair—there were workmen's tools there—I said, "What do you mean?"—he said, "I will show you what I mean; let us see what you have about you"—I struggled with him to get loose—he said, it was of no use, he would call the police, and give me in charge for unnatural practices, if I attempted to make the least noise—he then tore open my waistcoat and trowsers, turned my pockets inside out, and took from my trowsers' pocket 1 sovereign, 1s. 6d., and some halfpence—at that moment 1 heard footsteps in the passage, and a man's voice call out "Henry"—Henry did not answer, and I heard footsteps go to the back of the house, and I saw Taunton throw open a sash-window, and come into the place where we were—I am certain he is the man—Henry was about removing my watchguard from my neck at the time he 'came in—it was a black ribbon—Taunton said, "Holloa. Henry, what have you got there?"—Henry replied, "Oh, it is all right, a regular b---"—after that Henry proceeded to take the rings from my fingers—I resisted him rather faintly, I confess, for I was in great trembling and fear—Taunton then said he would fetch in the policeman, and give me in charge—Henry said, Oh, never mind, let him go, we have got all we can"—he let go of me, and I then made my way into the street, and got home as well as I could.
Q. At the time the property was taken from you, were you or not put in fear by the conduct of the prisoners? A. I was, decidedly so—I am quite certain the prisoners are the two persons—I did not give information to the police, from the great dread I had of the charge they threatened to bring against me if 1 did—that was the only reason—it was from nothing more than the dislike of having my name mixed up with the imputation.
Cross-examined by MR. PAYNE. Q. When did you have Henry taken?
A. On Wednesday, the 16th—Taunton was taken after that—I was present when he was taken by Cooper—I found him in his shop—it is an eating-house—it is the same place I was at—it was undergoing repair at the time I was there first-all I saw of Taunton, was during the tine he came in at the window, and till I got out—I am positive the words Henry used were, "It is all right, a regular b—," they are too fully impressed on my mind to forget them—I am quite positive they were the precise words—I have not strengthened my recollection at all since they were apprehended—I never said it was to that effect, to my recollection—I gave the words repeated by the prisoner—I am quite confident of the words—it—was six weeks afterwards that I first gave an account of the words he used—I did:
not make a memorandum of them—I am quite certain Taunton said he would give me in charge—I have always been quite sure about that—I was very much confused and agitated—the door of the room could not have been fast, for directly I put my hand against it, it opened outwardly—I did not say he locked the door—I said he closed it—that has always been my opinion—I struggled with Henry before Taunton came in—we did not make much noise, except the noise of our feet—it was after that that Taunton came in at the window—I never saw Taunton from that time till he was taken into custody—he never came to me, nor asked for any thing—I had never seen him before, to my knowledge.
COURT. Q. Do you know whether Henry lives in the same place? A. I do not know, but I ascertained after he was apprehended, that he lodged at the Horse and Groom public-house in Bedfordbury—there was light enough for Taunton to see what Henry was doing, and he did see it—he was coming in at the window at the time Henry was taking my watch from my fob—he saw him take the rings from my fingers—he took a gold mourning-ring from the little finger of my right-band, a wedding-ring, and another ring from the little finger of my left-hand—Henry afterwards told me his friend had the money, and he only had what he could make by pledging the watch and rings—he also said he knew what he was doing was very wrong, and he knew very well I could transport him for it, but he did not care for that, he had no friends, nor any character to lose, and he had no trade.
Q. How came you to make this charge afterwards against the prisoners for robbing you at this house? A. By his coming to my employer's house, and demanding money—that induced me to make the circumstance known to my employers.
Henry. The witness speaks false—did you not lock the door yourself when you went into the room? Witness, Certainly not.
DAVID COOPER . I am a policeman. I took Henry into custody by the advice of my superintendent, on Saturday, the 16th of November—I also went and took Taunton—I found him at No. 66, Great Peter-street—I have known the house for above twelve months—it was open as an eating-house, when I took Taunton—he had opened it about nine weeks—I told Taunton what I took him for—I took him to the station-house in Newway, Westminster—I did not at any time tell him it would be better for him to confess, or worse if he did not—he denied the charge—he said he did not know Mr. Poulson at all—Poulson was with me at the time—I then took Taunton to Bow-street station-house—he then told me he recollected the gentleman, and seeing him at his house with the prisoner Henry, that he heard a noise in the room, and went and tried the door, and found it fast—that he entered at the window, came into the room where Poulson and Henry were, and he said he (Taunton) used threatening words, but he did not Bay who to—that was all he said—he said nothing more to me about Henry or himself—he did to Mr. Hall.
Cross-examined by MR. PAYNE. Q. When you went to him, and told him what you wanted him for, did not he say he was very willing to go with you? A. Yes, I did not think of that before—I did not know this house as an eating-house before the Sunday—I knew the house, because I had lived there twelve months ago—I do not know how long it has been an eating-house, but the prisoner said he had kept it about nine weeks—the name of Taunton was up over the window—he denied all knowledge of the charge before the inspector, but at the next station-house he said he recollected
him again—he did not say, but be did not threaten the prosecutor, he said he used threatening words, but be did not say whether it was to the witness or the prisoner.
COURT. Q. Just recollect what you have said before the Magistrate, that he did Dot threaten last witness? A. He told me be used threatening words, and that I told the clerk at the office.
MR. PAYNE. Q. Did he say those threatening words were not to the prosecutor? A. He did not say who—I made a memorandum of the conversation in a book, which I have at home—I did not put down the words, only the day of the month, and the hour I apprehended him.
MR. CARRINGTON. Q. What parish is Peter-street in? A. In the parish of St. John.
JABEZ POULSON re-examined. The man whose voice I beard in the house, crying out "Henry," was outside the door, in the passage, I believe—I do not know that be tried to get in at the door—I cannot say for certain whether be did—I beard his voice near the door—I do not know whether the door was fastened in any way, outside or inside—I had no difficulty in getting out.
WILLIAM SAPHILL . I am in the employ of Messrs. Brown and Kay. I saw the prisoner Henry at Messrs. Brown and Kay's on Friday evening, the 15th of November—he inquired for Saphill—I said my name was Saphill.
(The prisoner Henry, in the course of a very long defence, stated that the prosecutor first accosted him at a picture-shop, went with him to a public-house, where he (Henry) lodged, and had a pint of ale and some cigars; the prosecutor then requested him to take a walk with him, which he did; he showed him where he lived, and on the following night he again met the prosecutor, by his (the prosecutor's) appointment, and he treated him with some oysters; he (Henry) then saying he wished to see the house in Peter-street, where he had lodged the prosecutor took his arm, and accompanied him there, and not being able to open the door himself, the prosecutor opened it; there was no light in the room; the prosecutor said, "Never mind, I do not want one," but he (Henry) procured one; the prosecutor then locked the door, and made an improper proposal, and upon his seizing his shirt and threatening to coil a policeman, he entreated him to let him go—the prisoner Taunton, who belonged to the house, then came to the door, and inquired what was the matter, but could not get in, as the door was fastened; he came through the window, and wanted to go and call the police, but the prosecutor again imploring to be let go, he (Henry) at last consented, and he went He also stated, that he called upon the prosecutor about a week after, for the loan of 1l. which he had promised him; he gave him Is. 6d., and promised to meet him the following night, and give him a sovereign, which he did, and as soon as he had put it into his pocket, he was taken into custody by the policeman,)
JABEZ POULSON re-examined The first night I met him was at a bookshop—I did not go with him to any public-house that night—I did not drink any ale, or smoke any cigars with him—I walked with aim from the book-shop to my own door, (that is all that passed on the 30th)—I did not appoint to meet him the following night, but be saw me at the corner of James-street, in Whitcombe-street—I walked on alone till he joined me—I was out for a walk—I did not go with him to any oyster-shop—I did not treat him with any oysters before I got to the house in Great Peter-street—we went straight along King-street to Peter-street—we did not stop any where—I had never been in the house, No. 66, Peter-street, before, nor even in the street before.
Q. How came you to walk with a perfect stranger to you? A. I cannot account for it—I had no object in view—when I got to the house the street-door was open—I did not open the side-door, nor did I lock it—there was a candle already lighted when I went into the room—it was on a little shelf in the corner—nothing whatever of an indecent nature took place between us—my shirt was not out—Inever had the key of the door in my hand—the next time I saw the prisoner was on Friday evening, the 15th of November, and when I saw him he told me not to be frightened, he only wanted a little money, seeing I was agitated, I suppose—I gave him a shilling and some halfpence, to get rid of him, after be threatened to bring up the man from Westminster, who would make me—I do not know of his ever having been to Mr. Saphill's—I told my master of this the day after he had been to me—I went voluntarily with him—I had no acquaintance with Taunton before this night.
Henry. Q. When I had hold of your shirt, did not you promise me some money? A. I did not—it was my trowsers pocket Henry had hold of, not my shirt, the pockets being all turned out—when Taunton came into the shop Henry was holding me by my pockets turned inside out—I did not make a noise, in consequence of the horrid threats made use of—I was afraid of the horrid charge—I certainly should have returned with a policeman if it had been a common robbery.
MR. PAYNE called
ELIZABETH GRIFFIN . I belong to the cook-shop. Taunton was in the concern two months—I knew him before for two years and a half—I understood him him to be honest, and was induced to risk money with him to open the shop—he was acquainted with my husband before his death.
COURT. Q. How long had you taken possession of No. 66, Great Peter-street? A. On the 9th of October—it was being fitted up for I think a fortnight before—that was done at my expense—Taunton lived there a few days before I went—there were none of my goods there on the 30th of September—I cannot potitively say whether Taunton was living in the house on the 30th—the shop was shut up before I took it—Taunton superintended the workmen there—he fitted it up himself—there were lodgers in the upper part of the house at that time—we had the whole house—the lodgers left on the 8th of October—I do not know of any acquaintance between the two prisoners—I have seen Henry at Taunton's lodging before this, but did not know him—I have seen him at the door of his lodging.
(Henry Lee, quill-dresser, No. 19, Greville-street, Hat ton-garden; and Emily Smith, widow, No. 23, Guildford-street, Southwark; also deposed to Taunton's good character.)
HENRY— GUILTY . Aged 28.— Transported for Fifteen Years.
TAUNTON— GUILTY. Aged 37.— Judgment Respited.(The Jury found that Taunton was aware the robbery was to take place, but that he did not know that the property was to be taken forcibly from the person.)
First Jury, before Mr. Common Sergeant.
o'clock in the evening, I went there to watch—I waited at the foot of the ladder till the prisoner and another came down to leave work—I requested the prisoner to show me what he had got in his bag, and in it was part of the lead produced, which is mine—he had no business there—he had brought it down from the roof—he was not going to leave the job that night.
Cross-examined by MR. HORRY. Q. Was not one Jones, a plumber, with the prisoner? A. Yes, the prisoner was his labourer—Jones produced some lead from his pocket—I sent for a constable, but none came for some time, and I let them both go—we have not seen Jones since—the prisoner called next morning for his wages—he said what he had done was by Jones's direction—the bag and tools were Jones's, not the prisoner's.
BONFIELD BRYANT . I saw Jones put a piece of lead in the bag, and two pieces into his pocket—the bag laid on the lead flat—they were going to leave work that night, and the prisoner brought the bag away—he must have seen Jones put the lead into the bag.
NOT GUILTY .
JOHN NEWMAN . I am a baker, and live in Goswell-street. The prisoner was five weeks in my service—he received money from my customers, which he should pay to me directly he returned—I discharged him on Saturday, the 26th of October—I afterwards went with an officer to him, in Toms-buildings, Somers-town—I said, "I suppose, Ton, you know what I have come for?"—he said, "No, master, I do not"—I said, "I think you must"—the officer then spoke to him—if be has received 3s. 4d. from Mrs. Stacey, of Faun-street, he has not paid it, nor 2s. from Pilcher, of Bridgewater-square.
GUILTY . Aged 18.—Recommended to mercy.— Confined Six Months.
152a. WILLIAM WOODWARD and MARGARET NOLAN were indicted for stealing, on the 5th of November, 1 pair of stockings, value 1s.; 18 sovereigns, and 2 half-crowns, the property of Arthur Hodson, from his person.
ARTHUR HODSON . I am an inmate of West Ham Workhouse. On the 5th of November I went to the Green Dragon public-house. Bishopsgate-street, and received 18 sovereigns and 18s. 6d. there, between twelve and one o'clock—I put the sovereigns in a bag in my left hand pocket, and wrapped the silver in a bit of rag, and put it in my right hand pocket—Iwent into a cook-shop to get a bit of dinner, and met a woman there—I gave her a bit of pudding, and after dinner went to get a pint of beer—I went to Hen-row, Mile-end-road; and at last to Blue-gate-fields—I there found the prisoner Woodward—I wanted a lodging, and asked him for one—I am certain he is the man—I went to his house—my money was in my pocket I am certain when I went there—I went to bed there—I do not know the time—I went to sleep for a short time, and Woodward went down stairs and left me—there was nobody else in the room I was put into at first, but he brought me down from the second floor to the first floor, where there was a fire—I was dressed then—he undressed me—there was a woman: in the first-floor room—I said very
little to her—I did not see her hardly—I should know her again—it was not Nolan—I did not know Woodward before, but I had been rambling about, and did not know where to go—between six and seven o'clock in the evening, I believe, I missed my money and asked him for it—he told me he would take care of me and money and all—that was after I had told him I missed it—he then went away—I stopped there a bit, and got a policeman at last—I have never got my money.
Cross-examined by MR. PAYNE. Q. Did you go alone to Woodward's house, or did the woman you gave the pudding to go with you? A. I fell down against his door, and he came and picked me up—I was the worse for liquor—I did not see the woman I gave the pudding to there—I could see a little—I did not see the female prisoner at all in the house.
GEORGE PAVITT (police-constable K 260.) On the night in question I was coming along Back-road about nine o'clock, and heard the two prisoners quarrelling together a very little way from St. George's-fields—I heard Woodward say to Nolan, "Where is that money you have planted"—she said something, and then Woodward hit her in the face, and she called," Police," and I took them both to the station-house—I asked her about the money—she said there was a man at her house lodging there, and Woodward had got nine sovereigns from him—he was present, and said, "I had nine sovereigns, I put them in the drawer, and the drawer was broken open"—I went to the house to see if I could find the prosecutor, but could not—I returned, and Woodward went with me to the house—I went up stairs and found the prosecutor there before the fire, and a woman along with him named Mary Parker—I asked him if he had lost any money—he said, "Yes, eighteen sovereigns"—we searched the house, but could not find the money—Woodward and the prosecutor went down to the station-house together, and Woodward said to him, "Don't make any noise about the money, I will make it up to you"—I returned to the house again—I could not find any money, but I found a pair of stockings, which the prosecutor identified, in a drawer down stairs—the prosecutor said, "That is the man that took my money, he took my money from me"—Woodward said, "I know I did, and I put it in the drawer, but it is gone"—Woodward's house is a lodging-house for sailors—Nolan lives with him as his wife—I went to several places and to a beer-shop in Blue-gate-fields, and asked if any money was left there—they said no—Woodward asked the landlord if his wife had left any money there, he said no—we went to the Angel, he asked if his wife had left any there, they said no—she had bought a bonnet for 1s. 6d.
Cross-examined. Q. Where were you standing when you heard the quarrel? A. On the other side of the road—she gave him in charge—the first I heard was Woodward say, "Where is the money?"—Nolan did not speak first—I heard Nolan say to Woodward, "You have robbed me of nine sovereigns which the man left in my care in the house"—that was the first beginning of it, and after that he accused her of it.
COURT. Q. Did you hear her say "I have planted it?" A. Yes.
DANIEL DERRIG . I am a police-sergeant. The prisoners were brought to the station-house—I heard Woodward say to Nolan, "What a pretty mess we shall be in if the old man comes up and says he has lost the eighteen sovereigns that he had this morning"—she afterwards told me that when quarrelling in the street, Woodward had scratched her bosom, and taken five or six shillings from her.
Cross-examined. Q. Where did you overhear this conversation, in the
cell? A. No, outside in the office—they could see me—they did not speak it openly, they retired to a corner, but I overheard them—I did not draw near to them to hear—they spoke loud enough for me to hear—one was accusing the other, and they were wrangling about it—he was sober—she had been drinking.
GEORGE PAVITT (re-examined.) I heard Woodward say he had put the money in the drawer, and the drawer was broken open; but it was not broken open at all—he showed me the drawer, I unlocked and examined it—it was not damaged or broken open at all.
Woodward. When you tried the drawer, the top had been wrenched down—this knife was lying on the top—I took it off and put it on the table—the drawer had been opened with that knife. Witness. The drawer was shut and locked, and I unlocked it—it did not appear as if a knife had opened it.
JOSEPH SAUNDERS . I keep an oil and colour shop in High-street, Shad well. On the night in question, Woodward came to my shop, and bought two shoe brushes and a few trifling articles, which came to 2s.—he gave me a half-sovereign.
(The prisoner Nolan's statement represented that the prosecutor came to their house very much intoxicated, in company with a female with whom he went up stairs; that Woodward saw them up, and afterwards came down, unlocked a drawer and put something in, but what she did not know; he afterwards went out with the female for about two hours, and on his return accused her (Nolan) of having taken, the money from the drawers, of which she was quite innocent, not knowing any thing about it, or what he had put there.)
(The prisoner Woodward's statement was that the prosecutor, who was very drunk, gave him his purse, containing 9 sovereigns, 2 half-crowns, 1s. 6d., and 7d. in halfpence, to take care of; that he put it into one of the drawers, which he locked; he then went out to get some supper, and on his return, the prosecutor wanting his money, he found the drawer broken open, and the money gone; he immediately accused Nolan of taking it, and on her denying it, he followed her till he met a policeman, when she was searched, and 4s. 6d. only found on her; that the female who was in company with the prosecutor had been with him all day; that she had been to a great number of public-houses with him, and had said he had plenty of money a bout him.)
ARTHUR HODSON (re-examined.) I cannot exactly say what time It was that Woodward had my money—it was about seven o'clock, or between seven and eight o'clock—he said he would take care of it for me—I am quite sure I did not take out any gold after I received it, before I went to the prisoner's house—I did not want it, for I had some silver in my righthand pocket, wrapped up in a bit of rag.
Woodward's Defence. When he came to my house, I was standing at the door—a woman picked him up twice—he was tipsy and could not walk—I helped her up with him the third time, and she begged me to bring him into my house to have a cup of tea and put him to bed—she said he was her father—I took him into the house and sat him down—he would not have tea. but she begged me to get him up to bed, which I did—he
could scarcely undress himself or stand—I undressed him—she said she had been with him all the day to different public-houses; he had a good gold bit of money and I need not be afraid of his paying—she showed me a ring which he had bought her for 14s.—I said, "Before you go out of the room I wish to see what money he has about him"—it was a good while before he could find any—at last he found a bag in his pockets—he gave it to me, and I shook out 9 sovereigns, 2 half-crowns, 1s., and 7d—I looked at ft and said, "It is right enough" and I would take care of it for him—he gave me a half-crown to fetch a pint of rum, which I brought, and he gave us both some—the rest stood in the chair when he awoke—he laid awake about two hours—I came up and looked at him—he looked almost dead—I came down and said, "That man looks very ill indeed, you had better Come up and look at him"—the woman said, "No, it is only through drinking hard all day"—I went up afterwards, and asked if he wanted any thing—I said, "Your money is right, down stairs in the bag," and when he found what was in it, he said, "That woman must hate taken it"—I put the money in my drawer, and when he asked for it, it was gone—I had several people in the house, down stairs, where the drawers were—I made a row about it, and two Women went down the Highway—I went to look for a policeman, but could not find any—I inquired at a house if any money had been changed, but could not hear any tiling of it—Nolan had 6s. 6d. in her bosom, and that was all—I hate had 120l. since the 20th of May, which the female prisoner had left her by relatives, and we laid out 20l. in goods—I have been 36 yearn in the service of King George and William the Fourth—I have only lately come to London from Portsmouth—nothing of the kind ever happened in my house before—we came to London on account of having this money left us, and it is not settled now—it is impossible he could have brought 18 sovereigns into my house when he was along with that woman all day, treating her to the belt of every thing.
ARTHUR HODSON re-examined. Q. Before you went into the room, had you been with any woman? A. I saw a woman coming down the street—I had not been with her particularly—I treated her with part of a pint of beer in Mile End-road, but I had not put my hand into the pocket where my money was at all, nor had she.
Woodward. Q. Did you not fall asleep in a public-house by the side of her? A. No.
NOLAN— GUILTY .
NEW COURT.—Saturday, November 30th, 1889.
Sixth Jury, before Mr. Recorder.
GUILTY . Aged 26.— Confined Three Months.
154. ANN RICHARDSON was indicted for stealing, on the 9th of November, 1 shawl, value 5s.; 2 gowns, value 1l.; and 1 ring, Value 14s.; the goods of John Williams: 2 shawls, value 15s.; 1 gown, value 15s.; 2 petticoats, value 4s.; 1 handkerchief, value 3s.; and 1 necklace, value 1s. 6d.; the goods of Phoebe Nicholls: to which the pleaded
GUILTY . Aged 18,— Confined Six Months.
155. MARY THORNHILL was indicted for stealing, on the 20th of November, 1 gown, value 15s.; 2 caps, value 2s.; 1 pair of drawers, value 1s.; 1 basket, value 1s.; 1 night-gown, value 6d.; 2 cups, value 3d.; and 4 saucers, value 3d.; the goods of Eliza Bishop: to which she pleaded
GUILTY . Aged 25.— Confined Six Mouths.
156. WILLIAM TURNER was indicted for stealing, on the 21st of November, 1 pair of trowsers, value 20s.; 1 pair of shoes, value 8s.; and 1 waistcoat, value 2s.; the goods of James Hall: to which he pleaded
GUILTY . Aged 19.— Transported for Seven Years.
157. MARY SMITH was indicted for stealing, on the 20th of October, 1 sheet, value 1s. 6d.; 1 pillow, value 1s. 6d.; 1 holster, value 2s.; 1 counterpane, value 1s. 6d.; and 2 blankets, value 2s.; the goods of Ann Ayres: also, on the 22nd of November, 1 sheet, value 2s., the goods of Mary Ann Dacosta: to both of which she pleaded
GUILTY . Aged 18.— Confined Six Months.
158. JOHN WINTER, DAVID PRICE , and RICHARD CAREY , were indicted for stealing, on the 7th of November, 1 coat, value 10s.; and 1 cloak, value 10s.; the goods of Thomas Haines: and that Carey had been before convicted of felony.
JOHN EATON (police-constable S 193.) On the afternoon of the 7th of November, I was in Tottenham Court-road, in plain clothes—I saw the three prisoners in company together—I walked down Howland-street, and to the comer of John-street—there was a gig standing at a door in Howland-street—I saw Price and Carey go towards the gig—Winter stood at the corner of John-street, two houses off, and had a view of what the other men did—they stood near the gig for two or three minutes—a cart came along which hid them from me for a moment, and as soon as it had passed, I saw Carey come away from the gig with something in his hand—he went into John-street, and gave it to Winter, Carey and Price were close together, near the gig—they went away together, and Winter went down John-street with it—I went after Winter—Price and Carey went in a different direction—when be got to the corner of John-street, at the comer of Pitt-street, he gave a whistle—I saw him put the coat on his back—I followed him to Upper John-street, stopped him, and asked what he was going to do with the coat—he said he was going to take it to the public-house—a man had asked him to carry it for him—I asked what public-house—he said he could not tell me the sign, and I took him to the station-house—I afterwards saw Price at the corner of Heaton-court, Crawford-street—he went up Heaton-Court, and hallooed up at one of the windows—Carey came down into the court to Crawford-street—they went under a door-way there, and pulled off their coats—I followed them into the Edge ware-road, till I saw another constable—I took them both—Price said, "What do you Want of me?"—I said, For the coat you took out of the gig"—he said he knew nothing about it—I took them to the station-house.
Cross-examined by MR. HORRY. Q. Was any one else passing the gig at the same time? A. I did not see any one—this happened at half-past four o'clock.
THOMAS HAINES . I am a publican. This coat is mine—I lost it from a gig which was standing at a door in Howland-street, between four and five o'clock—the officer did not give me notice till the following morning—I also lost a cloak, which has not been found—I was in the house about four minutes.
Winter's Defence. A young fellow met me, and asked what road I was going—I said, "To Paddington"—he said he was going that way, and lent me his coat—he said, "You may put it on."
Price's Defence, I know nothing about it.
WINTER— GUILTY . Aged 24.
PRICE— GUILTY . Aged 20. Transported for Seven Years.
CAREY— GUILTY . Aged 22.
159. LOUIS JEAN LE MAINE was indicted for stealing, on the 17th of September, 41 forks, value 22l.; 22 spoons, value 6l. 15s.; 1 napkin, value 2s.; 2 towels, value 2s.; and 3 knives, value 2s. 6d.; the goods of Thomas Metcalfe.
MR. BALLANTINE conducted the Prosecution.
ASHLEY JOHN WALDRON . I am butler to Thomas Metcalfe, Esq., of No. 24, Fitzroy-square, and have been so for sixteen years; I have the charge of his plate. I have known the prisoner fifteen or sixteen years—he is a schoolmaster, and a teacher of languages—on the 9th of March last I employed him to teach me French, and he was teaching another person in the house reading, writing, and arithmetic—I used to take my French lessons in general in the butler's pantry—the plate we had in daily use was kept in a drawer in the pantry, and during the day that drawer was not locked—the prisoner was there twice a-week—between May and September, several articles of plate were missing—on the 7th of November, Stannard made a communication to me while I was in the kitchen, and in consequence of that I requested the prisoner to walk up stairs—I said to him, "Le Maine, you have been taking my master's property"—he said, Do you suppose I would do such a thing?"—I said I was sorry to suppose it, but from the information I had, I was obliged to think so—he said, "If you suspect me, search me"—after a fork had been found on him, I begged him to confess that he had taken the things, and what had become of them, so that we might be able to get them so that we might be able to get them back again, and put them in their back again, and put them in their place—I said if he would tell me where they were, that we could get them back, and nothing further should he said about it—I placed 4l. into his hand, to go to a shop to get some of the property back—I appointed a friend to go with him knew nothing of it—I put my hand up to her throat, and she spat out two shillings and a halfpenny—I kept my hand to her mouth till we got to the station-house, and then found four shillings more in her mouth.
three years. On the 7th of November I was in the butler's pantry, the prisoner came in while I was there—I was learning arithmetic of him—I had my back turned at the window, cleaning the lamps, and heard the forks rattle in the tray—I made a communication to Waldron.
ROBERT MARCHANT . I am a silversmith, and live in Oxford-street. I know the prisoner—I first saw him on the 31st of May—on that day he brought two forks to my shop, and asked me to buy them—from their having a crest on them, I said, "It is not usual to buy articles with a crest on them"—he said, "Why?"—I said, "For fear they should be stolen"—he said, "I will satisfy you," and he gave me his card, "M. Le Maine, teacher of languages, No. 74, Wardour-street"—I said that was quite sufficient—I put the forks into the scale, and bought them for 12s. 6d.—I put them in the window and sold them—I have here two tea-spoons, which I bought on the 7th of August, but I cannot say whether I bought them of the prisoner—here is a plated fork, but I do not know when it was brought, or whether it was brought by the prisoner—the plate had a talbot's head on it.
COURT. Q. Is there any thing left that you know yon had of the prisoner? A. No, the two forks I speak of were silver, they were desert-forks—I gave 4s. 9d. an ounce for them—that is the price of silver—I sold several of them at 4s. 101/2d. to melt, as they would not sell in the window, being old-fashioned.
ISAAC JACOBSON . I am a silversmith, and live at No. 322, and No. 126, Oxford-street. I know the prisoner—I produce one plated fork, and one silver fork, which I bought of him three weeks ago, I cannot say to the day—they had the talbot's head on them—I bought one dessert fork, which had a similar head on it, and I bought six forks which had no engraving on them—the prisoner afterwards came, and said had I got the things he sold me—I said there were two in the window—he went away—Mason came and said, would I take the money back, and give him the forks, which I did.
Cross-examined. Q. Can you recollect when you bought this fork? A. I cannot recollect, I think it is about a month since—we have many forks—I put this fork in (he window with the others—there is no mark on it—it is second-hand—I can only distinguish this from others by its having the maker's name, and we have no other of that name—we always notice the name—I am quite sure, I looked at these initials at the time I bought it—we might have had others of the same maker's name at that time, and lave sold them since.
WILLIAM HOOKER (police-constable D 130.) On the 17th of November I went to the prisoner's lodgings, No. 74, Wardour-street—I found him at home, and told him I was an officer and I had a warrant against him for felony—he said, "It is what 1 expected," and turning to Waldron, who was with me, he said, "But it is not according to promise"—I said I must search him—I found on him a sovereign and a half in gold, and some silver and copper—I took him to the station-house, and went back to his house—I found a number of linen articles, and one napkin marked T. M. No. 15, three knives and one fork, and one knife has a crest on it—on the following
morning the prisoner said it was a bad job, and he wished me to communicate it to his son.
WILLIAM MASON . I am a batter, and live in Carburton-street I know the prisoner from seeing him with Waldron—I was present on the 7th of October when the prisoner was searched—I went to Jacobson's shop in Oxford-street with the prisoner—I found there two forks, one silver and one plated—they had the crest on them—the prisoner saw them—he did not make any remark on them—I purchased them of Jacobson by Waldron's wish—Jacobson said he got them from the prisoner, in his presence, and the prisoner did not deny it—he took me to Jacobson's—I went to Marchant's, but the prisoner would not go in with me.
GUILTY of stealing the napkin, the knives, and two forks.
MR. BALLANTINE conducted the Prosecution.
GEORGE STANNARD . I am footman to Mr. Thomas Metcalfe. On the 7th of November, the prisoner was in the butler's pantry—I heard the plate jingle in the basket—there had been eleven forks in the basket—I made a communication to Waldron.
ASHLEY JOHN WALDRON . I am butler to Mr. Thomas Metcalfe. On the 7th of November, in consequence of Stannard's communication, I charged the prisoner with stealing my master's property—after some time he pulled the leg of his trowsers up, and produced this fork from between his boot and his leg—it is a plated fork, and has my master's crest on it.
GUILTY . Aged 48.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
161. WILLIAM THOROGOOD was indicted for stealing, on the 19th of November, a quarter of a pound of cigars, value 2s. 6d., the goods of Henry James Jones; and that he had been before convicted of felony.
HENRY JAMES JONES . I keep a tobacconist's shop in St. John's Square, Clerkenwell. On the evening of the 19th of November, I was in the parlour behind the shop—I saw the prisoner in the shop with his hand in the window—he took a bundle of cigars, which weighed about four ounces—there were about 40 in the bundle—I charge 2s. 6d. for them—he left the shop with them, and I followed, calling "Stop thief"—the prisoner was taken in the next street, and brought back to my shop—on the way back I found the cigars scattered on the footpath in the court which he had run through, in the same direction in which he had run—these are the cigars—they were tied up in a bundle, with a ribbon—the tie has not been found.
JOHN ARCHER (police-constable G 150.) I was in St. John-street, and heard a cry of" stop thief"—I stopped the prisoner, who was runnings—I found the cigars in the court through which the prisoner ran.
EDWARD PARFITT . I am a jeweller, and live in Clerkenwell Close. I saw the prisoner in the prosecutor's shop, about six o'clock in the evening—I saw him put his hand in the window and take the cigars away—I immediately followed him, crying "Stop thief"—tine policeman took him—I followed the prisoner up Jerusalem Court—he turned and threw down something, and when we came back with the policeman, I pointed out the spot, and the cigars were discovered scattered on the stones.
JOHN WITHERFORD (police-constable A 22.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—(read)—the prisoner is the person who was then tried and convicted.
GUILTY . Aged 10.— Transported for Seven Years.
162. GEORGE SMITH was indicted for stealing, on the 8th of September, 1 boiler, value 16s.; 32 lbs. weight of beef, value 17s.; 8 lbs. weight of mutton, value 10s. 4d.; 7 lbs. weight of ham, value 7s. 6d.; and 1 coat, value 5s., the goods of Thomas Baker.
THOMAS BAKER . I am a butcher, and live in Burton-street, Walworth. On Saturday, the 7th of September, the prisoner came to town in the same wagon with me from Barnet fair—I met him there—he assisted me on my arrival in town in taking my things into Favell's livery-yard at Islington—I did not allow him to remove any of these things afterwards—I missed an iron boiler and some joints of meat, and a coat—the boiler contained beef, mutton, and ham—he had taken these things these the night before—I missed them the next day.
Prisoner. I assisted you at Barnet fair in building your booth, and to get away without paying your rent—you were obliged to put your things in a coal wagon—I went to Favell's, and asked permission to leave them till next morning, as my own property, and next morning I fetched them with an intent of coming to your house, but on the way I met a person, and got intoxicated, and whether that person took. them or not, I cannot say. Witness. I had not run away—I brought the things in a coal wagon—the prisoner was not a partner with me in any way—we did not mention any name when the things were left, only he assisted me in taking them—it was his thought to take them there.
JOHN ALBAN . I am ostler at Favell's yard. On the Saturday night after Barnet fair, Baker and the prisoner brought a number of things there, and left them—on the following morning the prisoner came, and said be came from Mr. Baker, who was with him when he left the things—I got the things, and lifted the boiler and its contents on his back, and he went away—I did not see the coat—Baker's name was not mentioned when the things were left.
JURY. Q. Did you know Baker? A. No—I was at the top of the yard, and he asked me if I could accommodate them with a place, as the coalwagon could not take them any farther.
GUILTY . Aged 28.—Recommended to mercy by the Jury,— Confined Six Months.
163. JOHN KELWAY was indicted for stealing, on the 14th of November, 7lbs. weight of tobacco, value 28s.; and 1/2 lb. weight of cigars, value 6s.; the goods of William Stockbridge.—2nd COUNT, stating them to be the goods of Abraham Ketch field.
ELIZABETH STOCKBRIDGE . I am wife of William Stockbridge, a tobacconist, in Upper Whitecross-street. On the 14th of November I sent a parcel, containing tobacco and cigars, to the Flower-pot public-house, in Bishopsgate-street, to be sent to a gentleman at Southgate—I afterwards saw the same parcel in the possession of a constable—the direction on it is in my husband's hand-writing.
ABRAHAM KETCHFIELD . I drive the Southgate coach, and live at Southgate. I received a parcel for Mr. Fletcher, a grocer at Southgate—it was put into the boot—I afterwards saw it in the possession of a constable—I had taken it in the morning, but the coach did not pass the place, and at the end of my journey I told the man that Mr. Fletcher would send for it—he did not, and I was bringing it back to London, not aware that it was in the boot, the boot was fastened with an iron catch and key, but not locked.
GEORGE KEMP (police-constable M 82.) On Thursday night, the 14th of November, about six o'clock, I was on duty in the Kingsland-road. I saw the prisoner and another boy in company—I watched them about twenty minutes—I saw the Southgate coach pass towards town—they ran after the coach, and got up behind—I followed as far as I could, but could not overtake the coach—I thought I saw them get down, and go down a turning—I went another way, and met the prisoner with this parcel—I asked what he had got—he said, some linen that he was going to take to Hackney-road, and then he said he had it from Mr. Rogers, a linen-draper in Chiswell-street—I took him to the station-house, and found it contained tobacco and cigars—it was tied up in this handkerchief, which does not belong to the parcel.
Prisoner's Defence. As I was coming along I saw the parcel lying down—I took it up, and was going to take it home, to see if I could find an owner.
GUILTY . Aged 16.— Transported for Seven Years.
JOHN JEANES (police-constable B 142.) I saw the prisoner in Rochester-row—I stopped her—she produced this quart pot from under her shawl—she said distress drove her to it, and it was the first she ever stole.
GUILTY . Aged 18.— Confined One Week.
JOHN WESTCOTT . I am a plasterer, and live in Harford-street, Somerstown. I was passing Euston-square, on the evening of the 26th of No-vember, between five and six o'clock—I saw the prisoner with a piece of wood under her apron, coming away from the unfinished houses—I followed her, and gave notice to the policeman, who took her.
GEORGE KINGMAN WHEELER . I am foreman to Mr. Thomas Cubitt, and superintended the buildings in Euston-square—I know this piece of wood by the number that is on it, and the sash which it belonged to—it was in the passage of the house the door of which was not fixed.
Prisoner's Defence. I picked it up in Russell-square—I had not been in any of these empty houses.
GUILTY . Aged 50.— Confined Six Months.
JACOB HURREN . I am a cheesemonger, and live in Worship-street. On the night of the 14th of November, I was in a parlour adjoining my shop—I saw some person come in, and on getting up, I found he was gone—I missed a piece of cheese—I saw a person running towards Windmill-street, and pursued him—my cheese was brought back—the prisoner was stopped—he begged to be forgiven, and said it was his first offence.
WILLIAM COTTER . I live in Red Lion-court, Saffron-hill. I was looking at a picture-shop in Worship-street, and heard a cry of, Stop thief"—I turned, and saw the prisoner running along close by me—a gentleman laid hold of him, and the prisoner dropped the cheese about twenty yards from Mr. Hurren's shop—I took it to the shop.
JOSEPH THOMSON . I live in Gee-street, Goswell-street. I was in Windmill-street—I heard a cry of "Stop thief"—the prisoner was running towards me—I seized, and detained him till the policeman came and took him.
GEORGE SHERRIFF (police-constable G 180.) I found the prisoner in the custody of Thomson—I took him to the shop—he said it was his first offence, and he hoped the prosecutor would forgive him—I found a sixpence and 41/2d. on him, and a box of lucifer-matches.
Cross-examined by MR. CLARKSON. Q. Was the sixpence a bad one? A. No—I do not know that there were two letters on it.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy— Confined One Month.
CHARLES SAFFREY . I keep the Sluice House public-house at Hornsey. On the 16th of November, I left my coat in a cart opposite a shop in High-street, Islington—I was absent four or five minutes—on my return I saw the prisoner and another boy with the coat between them, at the side of the cart—they appeared to be feeling in the pockets—I took it from them—I am sure the prisoner had hold of it—I took him to the station-house—he denied that he had taken it—there was nothing in the pockets.
Prisoner's Defence. The prosecutor came and said, "You have stolen my coat"—I replied I had not.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Two Months.
WILLIAM COCKERELL . I am a general-dealer, and live in New-Pye-street, Westminster—I rent No. 4, which I let out in lodgings. I employed the prisoner to look after my property and the lodgers—she slept there—I missed a sheet from her bed, and a blanket from another bed—I asked her where they were—she said they were all right—I gave her into custody—some duplicates were found on her, two of which were for my property—my wife had absconded on Sunday night, and taken with her 60l.—I made this discovery on the Tuesday after.
Prisoner. I asked yon to lend me 2s. on the Friday morning. Witness. You asked me for 10s., and I said I could not lend money in that manner.
DENNIS DEVINE (police-constable B 61.) I took the prisoner. I asked if she had any duplicates—she said she bad not—I found two of these articles—she said she was authorised by the prosecutor's wife to pawn them.
WILLIAM COCKERELL re-examined. She had been employed by me upwards of a month—I do not think it probable my wife would have authorised her to take the things—I think she was a little in the conspiracy with her—a female lodger went off with my wife.
NOT GUILTY .
169. WILLIAM EDWARDS was indicted for stealing, on the 12th of November, 1 spoon, value 4s., the goods of Henry Pope and another, his masters: and DYONESIUS TREGEAR , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
Cross-examined by MR. FLOWER. Q. Are you sure it is yours? A. It bears our initials, and is marked like the others that we have.
ANDREW DOWN . I am in my sixteenth year, and am errand-boy to Mr. Harrison, of Drury-lane. I live in Cross-court, Broad-court, Long-Acre—I was sitting at the door of my roaster's house, and saw the prisoner Tregear passing with a gentleman—he came across the way—I asked him who that was across the way, if that Was his father—he said, no, it was a gentleman that he had been to sell a spoon to, that Edwards gave him—Edwards came up, and told Tregear to run away—he said no, he should go home to his father, and take the silversmith to his rather—I called Edwards back, and asked where he had got the spoon—he said he had taken it from his master—he then went away—Edwards came to me after that when I was shutting up my master's shop, and told me Tregear was taken into custody.
Cross-examined by MR. DOANE. Q. Had you known Tregear? A. Yes—we used to live neighbours—when Edwards told Tregear to run away, he said he would not—he asked Tregear if it was all right, and Tregear said he did not know.
GEORGE TYLER . I live in Holywell-street, Strand, and am a watchmaker. On the 12th of November Tregear brought this spoon to my shop—he offered it for sale and said it belonged to his father—I detained it, and said if his father would come he should have it—he returned with a
note—I said I would go with him to his father, and as we were going he told me he would not be a minute—he went across and spoke to Andrew Down—I waited for him, and then went with him to No. 19, Prince's-street, Drury-lane—he told me to go up stairs to the second floor and there I should find his father, as he wanted to go into the yard—I said I would wait for him—I then went with him up one pair of stairs—he refused to go any higher, and I gave him into custody.
Cross-examined by MR. FLOWER. Q. When he crossed the road did you keep an eye on him? A. Yes—I did not see any one come up to him—I think if Edwards had come up and spoken to him I should have seen him—I was watching Tregear, considering he was in my custody.
GEORGE MILLER (police-constable F 26.) On the 14th of November Tregear was given into my custody, and this spoon—I apprehended Edwards at his master's in Chancery-lane the next day—he told me he had done a very bad thing—that he had taken the spoon, it was his master's, and he was very sorry for it, but Tregear had persuaded him.
Cross-examined by MR. FLOWER. Q. Are you sure that these were the words he used? A. Yes—they were words that struck me to be something like a confession—to the best of my recollection they were the words—I think I can be positive they were.
COURT. Q. Did you say so before the Magistrate? A. I think I did.
(The prisoners received good characters.)
EDWARDS— GUILTY . Aged 14.
TREGEAR— GUILTY . Aged 15.
Recommended to mercy.
MARY GUTHRIE . I am a widow, and keep a butcher's-shop in Brunswick-street, Blackwall. On the 15th of November, about six o'clock in the evening, I went up stairs—the shop door was shut, but not locked—I came down in about two minutes and missed two pieces of meat from the window—the door had been pushed open.
Cross-examined by MR. DOANE. Q. Was it fastened with a latch I A. No, a lock, but a push would open it.
JOHN WILLIAM TILBURY . I live in Globe-yard, Blackwall. I was in Brunswick-street about six o'clock in the evening—I saw the prisoners there with a cart with onions—they stopped the cart opposite Mrs. Guthrie's shop—they went to her shop with two bunches of onions in each hand—Gevaux pushed the door open—they both went in and Gevaux brought out something under his coat—they went to the cart, lifted up a sack, and put it in.
Cross-examined by MR. PAYNE. Q. Who lifted the sack up? A. Gevaux—he got into the cart, and then covered it over with the sack.
CHARLES HAGAR (police-constable K 271.) A little after six o'clock on the night of the 15th of November I went in pursuit of two men with a cart of onions—I saw the two prisoners with a cart in High-street, Poplar—I said I wanted to look in their cart, and Francis turned the tail-board down, and I saw the meat under the sack—I then said I wanted him—he first said the cart was his, and then he said it was his brother's—I walked a few yards down the street with them, and then Gevaux said he would not go any further—I got assistance and took them—Francis then
said, "I did not take any meat"—at the station-house Gevaux said he saw it on the ground, at the step of a door, and a dog gnawing it.
Cross-examined by MR. PAYNE. Q. Did you say to Francis, "How did you come by that meat in your cart?" A. Yes, and he said he did not take it—it was folded in the sack—there were 4lbs. of it.
(The prisoners received good characters.)
GEVAUX— GUILTY . Aged 20.
FRANCIS— GUILTY . Aged 10.
Confined One month.
JOHN COOPER . I keep a public-house in High-street, Islington. On the 23rd of November the prisoner was there, about twelve o'clock—I missed a glass—she was stopped, and the glass found on her—this is it.
JAMES FOX (police-constable N 196.) I stopped the prisoner in Liverpool-road, about thirty or forty yards from the prosecutor's—I asked if she had a glass belonging to Mr. Cooper—she said she had not—I put my hand to her bosom, and found the glass concealed—this is it.
Prisoner. My husband was drunk—we had had three half-quarterns of rum—I followed him out with a glass full in my hand. Witness. I saw no husband—she was walking up the road.
GUILTY . Aged 50.— Confined One Month.
JAMES CLOWTING (police-constable D 156.) On the night of the 19th of November I was on duty in Boston-street about seven o'clock—I saw the prisoner with this hock of bacon covered with a piece of black silk—I stopped him and asked him what he had got—he said, a piece of bacon which he bought at a shop in the street below—I asked him to come and show me—he came with me about 100 yards—he then threw down the bacon and ran away—I called after him, and saw him stopped—I brought him back—he said another boy took it, and gave it him to carry home.
Prisoner. A boy that was with me said, "If you will carry this a little way I will give you a few halfpence," and just as I turned the comer of Boston-street I met the policeman—the boy said, "Tell him I bought it," and then he ran away. Witness. I saw another boy walking five or six yards before him, but I did not see him have any thing to do with him—as we were going to the station-house the prisoner said he could show me where the boy lived, but he did not know his name—he did not say any thing about what was to be done with the bacon.
GUILTY . Aged 13.— Confined One Month.
HENRY ELLIS . I am shopman to Thomas Moger, of Whitecross-street, a cheesemonger. On the 22nd of November, a little before twelve o'clock, the prisoner came up to the window, and took a fowl from the stall-board—I ran out and laid hold of her—she dropped it, and I took it up—she had
got a little way past the door, and was carrying it—it belonged to my roaster.
Prisoner. I did not take it.
GUILTY . Aged 16.— Confined Fourteen Days.
JOHN DANIEL JEFFCOAT . I am shopman to Mr. Charles Ade and his partners, linen-drapers, in Oxford-street. On the evening of the 26th of November, the prisoner E. H. Tuff came to the shop and asked for a quarter of a yard of print—I served her, and she paid me 2d. for it—one of my employers took her down to the end of the shop and gave her a few pieces for patch-work, which were found on her—as she was leaving I observed she had something in her pinafore—I followed her—she turned round Charles-street, and was there joining the other prisoner, whom I had first seen two or three yards from our shop, where she could command a view of our shop—they joined, and walked together to Charles-street, and there E. H. Tuff took from her pinafore a worsted shawl, which she folded, and put round the other prisoner's shoulders, and the other pulled it to—I took them back to the shop—they both attempted to escape—this is the shawl—it is ours—it is worth 11s.—it has our private mark on it, and was taken from the middle of the shop.
THOMAS BURNS (police-constable F 140.) I was called in, and took the prisoners—I found on Charlotte Harriet Tuff a pot of anchovy paste, a piece of Saxony cloth, and a locket, which we have found no owner for.
E. H. TUFF— GUILTY . Aged 12.— Confined Six Months.
C. H. TUFF— GUILTY . Aged 16.— Transported for Seven Years—Penitentiary.
WILLIAM LAWRENCE . I live with Mr. Stacey, a fishmonger, in Grosvenor-row, Pimlico. On the 23rd of November, I saw Savage at the corner of Mr. Richards's shop, and Hunt was standing facing my master's, about four yards from Savage—I saw Savage take a black pudding from a plate at Mr. Richards's shop and give it to Hunt—they went away together—I ran after them and took the pudding from Hunt—I brought him back.
ELLEN RICHARDS . I am the sister of George Richards, a pork-butcher, in Grosvenor-row, Pimlico. I saw the prisoners outside the window—I gave Hunt in charge—this pudding belongs to my brother—it is worth bout sixpence.
WILLIAM WISDOM (police-constable B 108.) I took Hunt—I told him what he was charged with—he said he had received it, but Savage had taken it—I afterwards took Savage—he said, "I took it and gave it to Hunt."
HUNT— GUILTY . Aged 12.
SAVAGE— GUILTY . Aged 10.
Confined One Month.
* See page 134.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY .— Confined Three Months.
JOHN LANGIN . I am a Smithfield drover. On Tuesday, the 19th of November, I met the prisoners (I had seen Bull before)—I gave them something to drink at Cow-cross—I had ten shillings loose in my pocket—I spent some of it in treating them—we then went to another house in Holborn—they asked me there to treat them again, and I did to six pennyworth more rum—I had then 8s. left—Bull then asked me if I would allow her to wrap up my money in a bit of rag—I gave it her, and saw her wrap up some money, which I thought was mine, and I replaced it in my pocket—we then walked as far as the end of George-street, St. Giles's, and on leaving them there I found I had seven farthings and one halfpenny, in place of my 8s.—I immediately ran back to the end of George-street, and round the corner I saw them actually dividing the money—I accused Bull of giving me seven farthings and a halfpenny in place of my 8s.—she said, "I wrapped it up and gave it you"—she ran across the street—I called the policeman and gave her into custody—I then ran after Stollery, who bad run away—she was taken—six shillings and a halfpenny were found on her, and two shillings on Bull.
Bull. When you saw me first you asked me for a bundle you had left at the soup shop or else in Farringdon-street—Stollery saw a man with a bundle outside—she asked him where he got it—he said he picked it up, and she said, "I know a poor fellow who has lost it"—he gave it her—she brought it in, and there was a shirt and a handkerchief in it, and you said it had cost you eight pots of beer to get it. Witness. No—I said it had cost me one pot—Stollery brought the things in.
Stollery. I did not have any of your money—I stood aside when you went with this woman, and was to give her 2s.—you left us at the corner, and told us not to go away. Witness. I deny all that—I did not strike them—I gave them in custody, and Stollery was in the act of swallowing the money when she was taken.
JOHN WELLS . I am a policeman. About half-past one o'clock in the morning of the 20th of November I heard a cry of "Police" in Broad-street, St. Giles's—I ran and found the prosecutor and the prisoners—he said they had robbed him of 8s.—I saw Stollery running across the road—I took her and said, "Where is the man's money?"—she said she knew nothing of it—I put my hand up to her throat, and she spat out two shillings and a halfpenny—I kept my hand to her mouth till we got to the station-house, and then found four shillings more in her mouth.
Stollery's Defence. The money I had was my own—my husband works very hard in Thames-street—I know nothing about the prosecutor's money.
BULL— GUILTY . Aged 26.
STOLLERY— GUILTY . Aged 28.
Transported for Seven Years.
GUILTY . Aged 23.— Confined Three Months.
WILLIAM RICHARDS . I am foreman to Andrew Mann, a general dealer, who keeps the Windsor Castle public-house at Pimlico. The prisoner was in his employ as a plumber—this lead was taken from a house—the prisoner had access to it—when he left work on the 19th of November I suspected him, and asked him if he had not got something that did not belong to him—he denied it—I took him back to the house and found this lead concealed in the waistband of his trowsers—here is 29lbs. of it—I have compared it with some lead on our premises, and it had been cut from it.
Croat-examined by MR. PHILLIPS. Q. Have you any private mark on it? A. I have on the piece it was compared with—I have not had any quarrel with the prisoner—I never told Mr. Reece that I would give him a lift.
MR. PHILLIPS called
JAMES Rates. I am the prisoner's father-in-law—I know Richards, I have heard him express himself hostilely towards the prisoner, I have heard him say that if he could he would give him a lift.
COURT. Q. How long ago is that? A. It may be three weeks—I believe they had not had any quarrel except about the time of their coming to work in the morning—the time for plumbers is seven o'clock, and the foreman would insist on his coming at six o'clock.
JURY to WILLIAM RICHARDS. Q. Has not Mr. Mann a great number of men? A. Yes, they go on his premises to take goods to work—the prisoner was about sixty yards from the Windsor Castle public-house—it was on Tuesday—I did not see my master till the next morning, and he wished me to give him in charge—I did not take him up till the Saturday after.
COURT. Q. Was he not regularly on the premises after the Tuesday? A. I did not see him—I was not on the premises.
NOT GUILTY .
180. MICHAEL HODGES was indicted for stealing, on the 19th of November, 1 watch, value £1 15s., the goods of Edward Clark; and BEN AMIN PETTIGREE , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
EDWARD CLARK . I live in Punderson-place, Bethnal-green. The prisoner Hodges lives next door to me, his mother keeps a green-grocer's shop—I had my watch safe on the 19th of November, I did not miss it till the 26th—it had been in the drawer in my parlour—Hodges bad access to my house—I did not see him after I lost the watch till he was before the Magistrate—I found part of the watch at the station-house.
JOHN MIDDLEDITCH . I am a watch-maker. On the 19th of November, Pettigree came and offered the broken plate and case of this watch for sale, he gave his name, "John Pettigree, 5, Rhode-alley, Brick-lane"—he said he had found it—I said the plate of it was battered—he said he had bitten it to ascertain if it was gold—I detained him.
Pettigree to the station-house, and found on him part of the works of the watch—he said that Mike Hodges gave it to him and he was outside—I went out and he pointed Hodges out to me, Hodges ran away—I went and took him, and brought him back—Pettigree said in his presence that he gave it him—Hodges did not deny it, but said he picked it up in Bethnal-green-road.
HODGES*— GUILTY . Aged 13.— Transported for Seven Years—Convict-ship.
PETTIGREE— GUILTY . Aged 16.— Whipped and discharged.
BENJAMIN LUCRAFT . I am a cabinet-maker, and live in Mansfield-street, Kingsland-road. On the 20th of November, I was at the Dun Horse public-house, Kingsland-road, about half-past ten o'clock at night, I had two 5l. Bank-notes in my pocket—I called for a pipe of tobacco, and took one of the 5l. notes from my pocket in mistake, thinking it was a bit of paper—I broke it in two, and gave one part of it to the boy to go to the fire to get me a light—he did so, and I could not light my pipe with it—I then gave him the other part of the note, he took that to the fire, and then he said it was part of a 5l. note—I directly put my hand to my pocket, and found I had taken the note in mistake—I took the part of the note and gave it to a man named Reynolds—he saw what number it was, and gave it to me again—I was looking to see the number, and the prisoner who was sitting there came across the room and said, "I can read, I can tell you the number"—he made a grasp at the note, took it out of my hand, and put it into his pocket—I took hold of him and there was a noise—the landlord came in and sent for an officer—I gave the prisoner into custody—the note has not been found.
Cross-examined by MR. CHAMBERS. Q. The prisoner was almost as tipsy as you, was he not? A. I think he had been drinking—it was the upper part of the note that was left—I tore it lengthways—the part that was left had not the large "five" on it—I am sure it was one of my 5l.—I took notice of the number after the boy brought it back.
WILLIAM PARNELL . I am the pot-boy—the prosecutor gave me a piece of paper to light his pipe with—I gave him a light, but before he had lighted his pipe, the paper was consumed—he then gave me another piece of paper—I took it to the fire, and saw it was a note—I took it back, and gave it to the prosecutor—he showed it to Mr. Reynolds, who gave it him back, and then the prisoner came and snatched it out of his hand.
Cross-examined. Q. You do not know whether it was a real note or a flash note? A. I do not—I saw the picture at the top of it, and that led me to look at it—I took it back, and Mr. Reynolds took the number of it—the prosecutor was rather intoxicated—the prisoner did not run away, he sat down by, the prosecutor after he had taken hold of him.
JOHN BLYTHE . I was at the Dun Hone public-house—the prosecutor gave Parnell a piece of paper to light his pipe—he took it to the fire, and saw what it was—I saw the number on the note—the prosecutor gave it to Reynolds, who looked at it and gave it him back—the prisoner came and snatched it, and put it into his pocket—they sent for an officer—they found some pieces of paper on the prisoner, but no note—there were five men and a woman and child in the room—the prisoner was a little fresh.
THOMAS PETER REYNOLDS . I was at die Dun Horse public-house—I saw the boy give the prosecutor back a piece of paper, which was the top of a note—I asked to look at it—it was No. 29499—the prosecutor then took it again—the prisoner came and snatched it from him, and put it in one of his pockets—I advised him to give it up, supposing he did it from a joke—the prosecutor took hold of him—there was a man: and a woman very near the prisoner at the time—I believe the prisoner was drunk—I had seen him there two or three times before, and he was a well conducted man.
NOT GUILTY .
WILLIAM BALL . I am in the service of Robert Chayards, who lives at Westminster, and keeps a livery-stable—the prisoner has been there occasionally to see a person who works in the yard—I saw him there on the 6th of November—I was in the loft, but he did not know that I was there—I saw him take these stirrups and leathers from a saddle—he was walking away with them when he was stopped by the officer, and these articles found in his pocket—they are my master's—we had lost things repeatedly before, which caused me to watch.
GUILTY . Aged 30.— Confined Three Months.
RICHARD WARREN DYER . I keep a grocer's shop in Mary-street; Stepney. On the 15th of November, about half-past five o'clock, the prisoner entered my shop under the pretence of purchasing a halfpenny-worth of string—I showed him several sorts, and no kind seemed to suit—while I turned my back to get some, he put his hand in my weight box, and took out the brass pound weight—he went out, and joined two other boys—I followed him to several other shops—a shopkeeper detained him—I stepped over and took him—I do not know what became of the weight—the other two boys had gone off—while the prisoner was in my shop, the other two, who were outside, kept saying, "Thicker, thinner," and so on, and the prisoner said, "D—n the string altogether, it won't do."
Prisoner's Defence. The string was not thick enough—about twenty minutes after I went to another shop, and there they had not any thick enough—I said, "I will keep the halfpenny till I get another"—then this man came and took Mr.
RICHARD WARREN DYER re-examined. I saw him take the weight—he passed it to the others who were at the door—I should have taken him then, but I wished to take the others—he passed the weight while I was turning to get the string—my quarter of a pound scales were on the counter—he took the beam and rattled it, then dropped the beam, took the weight, and passed it out.
GUILTY .* Aged 13.— Transported for Seven Years—Convict Ship.
STACEY † pleaded
GUILTY . Aged 52.— Transported for Seven Years.
JAMES LONG . I am servant to John Brown, on Harrow-hill—I saw his ducks all secure on the 7th of November, about half-past five o'clock—I locked them up in the duck-house, in the farm-yard—the yard is paled all round, and the duck-house was locked—I went next morning, about half-past six o'clock; the duck-house was broken open, and 21 ducks gone—there was a duck and a drake which I knew well and can swear to—I saw them again about half-past ten o'clock, and knew them—the prisoners are labourers, and live about a mile and a half from us—I traced the foot-steps of two men from the main road to the duck-house and back again—a sack had been taken over the pales and left a mark—here are the heads and feathers of the two ducks that I can swear to—(examining them.)
THOMAS DUGGAN . I am a horse-patrol—I heard of this, and went to Stacey's house—I found the two prisoners sitting by the fire eating herrings—I said I wanted them for sheep-stealing—Stacey said, "You are welcome to search my house"—I went to the bed-room door, and saw 15 ducks tied in bunches and hung up—I said to Stacey," Where did you get these geese?" (which I thought they were)—he said, "They are not geese"—I then found they were ducks—he said he had bought them at Brentford, but he did not know the person he bought them of—I said, "Should you know him again?"—he said, "I don't know that I should"—I also found a shoulder of mutton and some fat on a shelf—there have been several sheep lost in the neighbourhood—I then handcuffed the prisoners and brought away the ducks—I sent for Long, and he identified them.
WILLIAM MOORE . I am a potato dealer—I keep a horse and cart, and live at Sudbury—I saw the two prisoners come out of Winfield's house, about half-past twelve o'clock in the morning of the 8th of November, and saw them come back again from Mr. Brown's way about half-past one o'clock—Winfield had got a heavy load on his shoulder—when they came right opposite my door, I went out and spoke to them—I first judged the load to be a sheep, but when they came to me I saw it was not a sheep, but could not swear what it was—it was in a sack.
WINFIELD— NOT GUILTY .
MICHAEL KEATING . I am a seaman, and lodge in King-street, Towerhill. On the evening of the 25th of November, I had been paid off from the Hercules, Queen's ship, at Sheerness, and took 6l. 10s.—I came to London and went to the White Swan public-house, between nine and ten o'clock that evening—the prisoner came in, I had never seen her before—she asked me for something to drink—I said I wanted nothing to do with her; but she stopped and I told her she might drink out of my pot—I drank rather too freely, and all I remember is, that I found myself next morning in the watch-house, my tin case was gone, and my sovereigns which had been in it.
WILLIAM GLAZIER . I am a policeman. I saw the prisoner disputing with a cab-man about his fare, about two o'clock in the morning—the cab-man demanded 1s.—the prisoner put her hand into her bosom, and said she had lost it—I heard something jink in her bosom—I asked her what it was—she said it was his discharge (pointing to the prosecutor who was drunk in the cab, and asleep)—I took from her this tin-box, and found it contained three sovereigns and a seaman's discharge—I took her to the station-house, and she was asked by the sergeant if she had any more—she denied that she had, and said he had given it her to take care of—she was told she would be searched—she then said she had five shillings—she took down her stockings, and two half-crowns and a shilling dropped from her.
Prisoner's Defence. We had been drinking in several houses—he gave me the tin-box to take care of—I did not know that there was any gold in it—the silver was my own—I put it into my stocking because I had no stays on.
NOT GUILTY .
WILLIAM JACKSON . I live in John-street, Golden-square. On the 26th of November I met the prisoner coming out of the house with this screen—I went in and spoke to my sister, I then followed the prisoner, and asked him about the screen—he at first said it was his own, and then, that a man gave him a pot of beer to carry it to repair—this screen is mine and my brother's.
Prisoner's Defence. A man gave me a pot of beer to take it to No. 24, Wild-street.
GUILTY . Aged 34.—Recommended to mercy.— Confined One Month.
OLD COURT.—Monday, December 2nd, 1839.
Third Jury, before Mr. Recorder.
SARAH CORDWELL . I keep a pawnbroker's shop in Exmouth-street, Clerkenwell. On the morning of die 11th of November the prisoner came and bought a waistcoat for 4s. 3d.—I left him in the shop while I got some paper to wrap it up in, and on returning, gave him the waistcoat—as he went to the door, I looked at the window, and missed a solid gold seal, worth 2l.—I saw him in Easton-street in about half-an-hour, and asked him if he had bought a waistcoat of me—he said "Yen"—I said, "I have missed a seal, and have reason to believe you have got it"—he said, "I have not"—I laid bold of him—a great struggle ensued, and he dragged me through a passage into a yard, and into a stable—I there saw him throw the seal from him—he struck me several times, but I kept my hold—a mob collected, and he got from me—I afterwards went to the stable with, the constable, who found the seal in my presence—I found the prisoner afterwards at work at his master's, who keeps a coalshed.
JOSEPH GREENGRASS (police-constable G 90.) The prosecutrix gave the prisoner into my custody—I conveyed him to the station-house—I went with her to the stable, and found the seal wrapped up in a bit of rag
in a corner of the stable, under some hay—I met the prisoner in Easton-street, about twenty minutes after ten o'clock, and took him.
(Property produced and sworn to.)
GUILTY . Aged 19.— Confined Six Months.
EDWARD TIMSON STORR . I am a plumber, and live at No. 4, Little St. James-street, Westminster. A little before eight o'clock in the morning, on the 19th of November, I left my house, crossed over the road, and saw the prisoner stooping down on the step of my door, as if tying her shoe—she had a handkerchief in her hand, which she threw over a quart-pot which stood at the door, and went away with it—I followed, and asked her what she had in her basket—she said she had nothing—I found the quart-pot covered over with a handkerchief, with the name of Jenkins on it—I took her to his house, which is close by.
Prisoner. I was taking it home to the first public-house. Witness. She had passed the public-house, and was going towards the Park—I could not be mistaken in her—I never lost sight of her at all.
WILLIAM LATHAM (police-constable C 130.) I received charge of the prisoner at Mr. Jenkins's house, and took her to the station-house—I found two pots in her pocket, and on in her basket—one belonging to Mr. Jenkins, and two to another publican.
Prisoner's Defence. I did not intend to steal it.
GUILTY .* Confined Six Months.
THOMAS FREGO . I am a bookseller, and live in Charlotte-street, Fitzroy-square. On the 14th of November, I had two printed books safe in my shop, and missed them on the 16th—these are them—(produced)—I did not miss them till the policeman produced them—they were taken on the 15th.
FRANCIS FRYER (police-sergeant E 15.) I stopped the prisoner in Bedford-street, Tottenham-court-road, on Friday, the 15th of November, at three o'clock in the afternoon, about two or three hundred yards from the prosecutor's—I found these two books concealed under his coat—he said he was going to sell them for a man who stood at the corner of Percy-street at the time, but I had seen him cross from that corner with two boys behind him, and as I stopped him the two boys ran away—there was no man there at all.
Prisoner. There were no boys with me—the policeman did not go to look for the man, he only turned his head. Witness. I had seen him before, and seen the corner of the street, and am certain he had not been in communication with any one.
NOT GUILTY .
the Sun and Punch-bowl public-house, High Holborn. On the morning of the 19th of November, I was cleaning up the tap-room, and the prisoner came in with another person—there were a great many pots before the tap-room fire—I saw the prisoner talking to the other man, and then go out—I suspected, and followed him to Newton-street—when he saw me he ran away—I ran after him, stopped him, and asked if he had any pots—he said he had not—I asked him to let me look at his hat—he was very loath to let me—I took it off, and found a quart-pot in it, and in his pockets two pint-pots—he said, "Pray let me go this time. "
Prisoner. There was a gentleman in the tap-room, reading the newspaper—I said, "Let me look at the paper, I wish to see an advertisement"—I saw the witness peeping into the tap-room—I went out, and the gentleman came out, and opposite Southampton-street, he gave me the quart and one pint-pot. Witness. The prisoner came out first—I went after him, and while I was following him, the other ran away with more pots than the prisoner had.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Three Months.
191. GEORGE WEBB, THOMAS ANDREW USHER , and JOHN SAVAGE were indicted for feloniously breaking and entering the dwelling-house of Charles Wilks Williamson, on the 22nd of November, at St. George's, Hanover-square, and stealing therein 25 cannons, value 12s., and I toy watch, value 1s., his goods.
CHARLES WILKS WILLIAMSON . I keep a brush and turnery shop in Grosvenor-row, Pimlico, in the parish of St. George, Hanover-square; I occupy the whole house. I examined my shop-window on Saturday morning, the 23rd of November, between seven and eight o'clock, and found a square of glass broken, and twenty-five toy cannons, and one toy watch taken from it—there was a sufficient aperture to admit a boy's hand—seven of the cannons were iron, and eighteen brass—they were quite close to the glass.
CHARLES CHISLETT . I live in Lower Sloane-street, with Mr. Carter; I know Usher and Savage. On Friday evening I met them and Webb, who I did not know before, and a boy named M'Kee, in Lower George-street—we went up Grosvenor-row together, and looked in at Mr. Williamson's shop—Webb asked for a knife—Savage gave it to him, and he cut the putty out, broke the glass with his thumb, put his hand into the window, took out some cannons, and put them into his pocket—Savage then took out some, and they ran away into Union-court—I did not see Usher put his hand in—he was looking in at the window—I followed them—Usher went home—he had some cannons—I do not know who gave them to him—I ran after the prisoners and M'Kee to Union-court, and said I would tell—Webb said, "Tell," and then he gave me a cannon, and Savage gave me a cannon, and they gave M'Kee a cannon a-piece—Savage then said, "Let us come and hide them in White-stiles"—they went through the George public-house—I went with them, and M'Kee gave me his cannons, and went home—Savage dug one hole, and I dug the other—he put some cannons into the hole, and I threw down mine into the hole, and covered them over—I gave one of the brass cannons to Wells the same
evening—I saw the constable next morning, and pointed out to him where the cannons were—some were found there—I went to Webb's house, and found a big cannon under the water-butt—I went to Usher's first, and found him at home—he said at first that he did not have any thing, and then he said he did, and pulled some cannons out of his pocket—there was a watch on the mantel-piece, and his mother tried to hide it—the policeman had come, and asked me where the cannons were, and I told him.
Savage. He came and called me, and said he knew where there were some cannons, and he put his hand into the window himself.
SAMUEL M'KEE . I live in Turks-row. On Friday evening, the 22nd of November, I saw Webb and Chislett in George-street—we went to Mr. Williamson's shop—Webb asked Savage for a knife—he scraped the putty off the window, and Usher broke it—Webb took some cannons out, and Savage took a large one out—Usher looked on—I did not see the watch taken out—Savage gave me one cannon and Webb gave me another—I gave them both to Chislett directly they gave them to me—I did not go to bury them—I went straight home—I did not tell of their breaking the window—I knew the prisoners before, except Webb.
JOHN BARMAN . I live in White Lion-place, Chelsea. On Friday night, the 22nd of November, I saw Usher by our door—he asked me to buy a cannon, which I did, and was to pay him on Saturday night—he said he picked it up by the barracks—my father and I took it to the officer next morning.
JAMES BRADLEY . I am a policeman. I apprehended Webb on Saturday, the 23rd—I told him the charge—he denied it—I was about to search him, and he threw a small brass cannon on the floor—he said the other prisoners who are now in custody were all together—I went and apprehended Chislett and charged him with it—he denied it at first, but afterwards said there was a quantity of cannons buried near White-stile—he went and took them out of the ground—I went to Usher—he denied it, but I found three cannons in his pocket, and while I was searching him, his mother shifted a toy watch off the mantel-piece—Chislett said she had put it under the water-but—I found it there—Usher said they were all together.
WILLIAM WELLS . I live in Lower Sloane-street. I met Savage, Webb, and Chislett on Friday evening, about a quarter after eight o'clock—I knew them before—they gave me a cannon each—I did not know till next morning where they got them—I chucked them away, because I was afraid I should get into trouble about them.
(Property produced and sworn to.)
(The prisoners received good characters.)
WEBB— GUILTY . Aged 11
USHER— GUILTY . Aged 10
Recommended to mercy.— Confined One Month.
*SAVAGE— GUILTY . Aged 10.— Confined Two Months.
*See page 125.
192. JAMES CASEY and GEORGE WELCH were indicted for burglariously breaking into and entering the dwelling house of Charles Ryan, about the hour of two in the night of the 22nd of November, at St. John, Wapping, with intent to steal, and stealing therein 2 pairs of boots, value 10s. 6d.; I hat, value 2s. 6d.; and 1 handkerchief, value 3d.; his property.
about two o'clock on Saturday morning, the 22nd of November, my attention was called to the house by a man passing by—I got up, and found the two prisoners in his custody in the front yard of my house—he was a seafaring man, I do not know his name—he is not here—he kept them there till I got down—I saw a hat, two pairs of boots, and a handkerchief lying in the yard near the prisoners—I asked them how they came there at that hour—they made no answer—I shut the gate and sent for a constable—when I went to bed at ten o'clock the night before I saw the articles safe at the foot of the bed where I sleep—I fastened my room door with a latch—I did not lock it—there was a spring lock on it—it could be opened outside by turning the handle—there was no force used to that door—the door of the house was locked—there is a wall round the yard—a person getting over the wall could not open the street door without pulling the lock back—it had a small lock—it opened by turning the handle—it was not locked with a key—it was a latch—it could be opened outside by the latch—I have known Welch's father twelve years—he lives next door to me—he is a very honest man—I found the key of the kitchen door in the yard, which was in my bed-room over night, lying on the window—it opened my kitchen, but that was not disturbed at all.
JAMES RUDDIPATH . I am a policeman. On the night of the 22nd of November I was called in, and the two prisoners were given into my custody—I found an oyster knife, a handkerchief, and three snuff-boxes on them—the hat and two pairs of boots stood in the yard—I found the handkerchief on Welch—he had no shoes on, and when I returned, I found his shoes in the adjoining yard—I gave them to him at the policeoffice—he said he lived next door.
(Property produced and sworn to.)
CASEY— GUILTY . Aged 10.
WELCH— GUILTY . Aged 10.
193. JAMES CASEY and GEORGE WELCH were again indicted for burglariously breaking and entering the dwelling-house of John Henry Robson, about the hour of nine in the night of the 22nd of November, at the liberty of the Tower, with intent to steal, and stealing therein, 32 boxes of matches, value 2s., and 3 snuff-boxes, value 4s., his goods.
JOHN HENRY ROBSON . I am a tobacconist, and live in Postern-row, Tower-hill. On Friday night, the 22nd of November, about a quarter before ten o'clock, I noticed a piece of glass broken in a pane in my shop-window, which was safe at half-past nine o'clock—it had been puttied about six months—the glass was taken out, and three snuff-boxes and thirty boxes of lucifer-matches taken—my house is in the liberty of the Tower—I have the shop, parlour, and two bed-rooms—the house is divided into two shops—the landlord does not live there.
JAMES RUDDIPATH . I am a policeman. I apprehended the prisoners at two o'clock in the morning—I found two snuff-boxes on Casey, and a snuff-box and oyster-knife on Welch—they said they had found them opposite St. Katherine Dock-gates—I found a few lucifer-matches on Casey, I think.
Welch's Defence. We did not take them.
CASEY— GUILTY . Aged 10.
WELCH— GUILTY . Aged 10.
Transported for Ten Years—Convict Ship.
194. WILLIAM LEWIS was indicted for feloniously breaking and entering the dwelling-house of Ann Hazlewood, on the 11th of November, at St. Pancras, and stealing therein two paintings and frames, value 10s.; 11 shirts, value 3l.; 4 petticoats, value 12s.; 3 shifts, value 9s.; 4 collars, value 4s.; 2 table-cloths, value 6s.; I toilet-cover, value 1s.; 1 basket, value 9d.; and I habit-shirt, value 3s.; her goods: and CECILIA LEWIS, alias Johnson ; and JEMIMA DORSETT , for feloniously receiving the said goods, well knowing them to have been stolen; against the Statute, &c.
ANN HAZLEWOOD . I live at No. 4, Milton-place, Euston-square, St. Pancras. I rent the two parlours—the landlord does not live in the house, nor any body belonging to him. On the 11th of November, at about a quarter to nine o'clock at night, I was down in my wash-house, and a person called my attention to the street-door being open—I had left it shut at seven o'clock, and left all the articles stated safe in the parlour—I had not locked the door, but closed it after me—it would not open without turning the handle—when I came up I missed all the articles—the linen was in a basket, wet, having just been washed.
ROBERT MOORE . I live in the same house with the prosecutrix—I left the house about a quarter to eight o'clock, shut the street-door after roe, and tried it outside—it was fast—I returned about half-past eight o'clock, and found the street-door open—I went down to the prosecutrix and told her—I staid three or four minutes in the passage—I saw nobody, and then I closed the door—the prosecutrix came up, and missed her things.
GEORGE COLLIER (police-constable E 38.) On Monday evening, the 11th of October, soon after nine o'clock, I was with Sergeant Pocock, near Cromer-street, and saw a man go into a house there with a basket on his shoulder, it was not the male prisoner—I had noticed Jemima Dorsett, for nearly an hour before the man came, watching at the street-door of No. 31, Cromer-street, looking out at the door, up and down the street—it was about ten minutes after nine o'clock when the man went in with the basket on his shoulder, or head—he held it with both hands—the prisoner Dorsett spoke to him, and both went into the house together—it is full half-a-mile from the prosecutrix's—the man came out in about halfa-minute, and crossed directly over to me and Pocock—we both ran away, and when we got down some steps into a court, Pocock called out, "George, come back, it is no thoroughfare"—we went there to conceal ourselves—we returned in a few minutes, and saw the man Dorsett, who is not in custody, standing talking at the same door with Jemima Dorsett and another man—he said, "I heard Pocock's voice, I can swear to it: I heard him say, 'George, come back, it is no thoroughfare;' I know Pocock's voice; it was his voice; it is no go; they think I have got swag, but they shan't have it;'"—Dorsett must have heard this—he ran up Cromer-street, leaving Jemima Dorsett, and she went in-doors, into the same house—we made the best of our way to Maiden-lane, Battle-bridge, and saw the prisoner Dorsett pass us with a large bundle under her cloak—we watched her to Ashby-street, Somerstown, (we went to Battle-bridge, suspecting they would come there)—she
knocked at the door in Ashby-street, and went up stairs—the came out in about five minutes—I stopped her, and asked what she had done with the bundle she had under her cloak just now—she said, "I have left it at my sister's"—while I was talking to her, I saw the prisoner, William Lewis, and the man not in custody, who went into the house in Cromer-street with the basket—Lewis saw me, and crossed over to me—the other made his escape—I gave Lewis into the custody of another policeman, and went with Jemima Dorsett and Pocock to No. 22, Ashby-street, where, in the second-floor, front room, I found the prisoner, Cecilia Lewis—I know she lives with William Lewis by seeing them together before—I asked her what she had done with the bundle her sister had left there—she said she had not received any bundle from her sister—I turned up the bed, and between the bed and sacking found these two pictures—Pocock found a bundle in the room—Cecilia Lewis said, "How dare you look at that bundle? don't open it"—she went to snatch it from him, saying it was filthy linen, not fit for him to look at—he opened it, and it contained nine linen shirts, and other things, wet—I left them in custody and went with the male prisoner—I took him into a chandler's shop, and found in his coat pocket, a bag containing eleven skeleton keys and some lucifer-matches—I have since been to the prosecutrix, tried the keys to the outer door, and two of them open it—when I returned to my brother officer, the prisoners were down in the street, and Jemima Dorsett said that was not the bundle she had taken to her sister.
Cecilia Lewis. Q. Did not I say I had opened one bundle that my sister brought, and put a blanket on the bed? A. No, you did not—there was no bundle in the room but this—she denied receiving any bundle at all.
Dorsett. The bundle I took was tied up in a shawl. Witness. I found no shawl.
Lewis. Q. Did you hear me speak to Dorsett, or see me in Cromer-street? A. No.
THOMAS POCOCK . I am a policeman. I saw Collier watching—I saw Jemima Dorsett standing at the door of No. 31, Cromer-street, a long time, and I saw William Lewis go into that house—Collier was behind me and could not see him—it was about ten minutes after nine o'clock—Jemima Dorsett was standing at the door at the time, and a man named Dorsett, who is not now in custody, immediately followed with a basket on his shoulder—I afterwards saw the man Dorsett come out and go up Cromer-street—he crossed over towards us—Collier and I immediately ran down the court; Collier was first—I called out," There is no thoroughfare, George"—we returned in a few minutes, and saw Dorsett at the door of 31, Cromer-street—soon afterwards we went up towards Battle-bridge—we crossed the fields, the quickest way to Ashby-street, and in a few minutes saw Jemima Dorsett pass us with a bundle under her cloak—we watched her to No. 22—she came out in two or three minutes, and Collier stopped her and asked what she had done with the bundle she took to that house—she said, "I left it at my sister's"—just at that moment Lewis and the man Dorsett came down a court into the street—the man Dorsett ran away and Lewis made a stop—I went up to the room—Catherine Lewis was sitting in a chair, with her shawl and bonnet off—I found a bundle of linen in a cupboard—she came there and caught hold of me, and said, "I dare, you to touch my dirty linen"—Collier said, "Open it"—it consisted of
nine wet shirts, two shifts, and other property—we took Jemima Dorsett into the room, and while Collier went out to search Lewis, Dorsett said, "That is the bundle I brought here"—I am sure she said so—she afterwards said it was not the bundle, it was another; but there was no other bundle in the room—there was One dirty shirt and a dirty gown in the room besides.
Catherine Lewis. Did not I say it was not the bundle my sister brought?—she had left it at the door, I had opened it, and taken a blanket out and pat it on my bed, the shawl and dirty mattress and other things I put in the cupboard. Witness. It is quite false—she said nothing of the kind to Mr.
William Lewis. I entered the house full ten minutes before Dorsett, and inquired for him, but he was not at home.Witness. It was not half a second before Dorsett went in.
WILLIAM WINSBURY (police-constable E 138.) I went into the house No. 31, Cromer-street, and found two sheets, two petticoats, a table-cloth, a toilet-cover, a shift, four collars, and a basket, in a dust-hole.
Catherine Lewis. Q. Did you find these things, or did the landlord's boy? Q. The boy told me where they were—I pulled them out of the dust-hole myself—I found part of the linen in the basket, and part secreted among the dust—I know these are the things I found.
COURT Q. Can you distinguish what was found at Dorsett's, and what was found at Catherine Lewis's? A. Yes—they have been kept separate.
ANN HAZLE WOOD re-examined. This basket is mine, and all the articles in it—here is ray name on this—I know the pictures—they hung in my room over where the basket was—I am in no business at all—I hare only been in business since last March—I have been living with my son—I rent the rooms myself—I am a widow.
William Lewis's Defence. About a quarter-past nine o'clock I was going down Gray's Inn-road, and met Dorsett—he said he was going to Mr. James, and asked me to accompany him there—I said, "Yes"—going along, before we got to Mr. James, I saw the two officers standing opposite—I crossed over to them, and lost Dorsett all in a minute—I crossed and spoke to them; had I been guilty, it is not likely I should have done so.
Catherine Lewis's Defence. I found these things in a court in Tottenham-court-road, and asked my brother to carry them home, as nobody owned them—I asked him to put them on his shoulder, and take them home—he said he would—I meant to go in-doors—he said Dorsett and his sister should not know any thing about it—he put them in-doors, and instantly told her to go out to take a bundle of linen to my sister, in order to get her out—when she was gone out, I went in with the pictures—I afterwards went home to my own place with the bundle and the pictures; but the prisoner Dorsett knew nothing of it at all; she did not see me with the bundle—it is very hard that she suffers.
Jemima Dorsett's Defence. About half-past nine o'clock my husband came in with a basket on his shoulder—I asked what he had there—he seemed very cross, and I did not ask him more—I went with the bundle to my sister, containing a blanket, a pair of stockings, a shawl, and other things—when I got there she was not at home—I came down stairs, and went out—I returned again, and knocked the door, and said, "Will you allow me to leave these dirty things at my sister's door?"—they said, "Certainly," and I left them—I came down, and as I was going towards home
Collier called me, and asked if my husband had been in company with Chapman King—I said I did not know—after some hesitation, he said, "What have you done with that bundle?"—I said, "I have taken it to my sister's"—he had me taken there, and then I found my sister at home—the bundle I took was tied in a shawl—it had been opened, and the bed made—I was anxious to get the bundle there, as it is a furnished lodging, and the blanket did not belong to her—she had lent it to me.
GEORGE COLLIER re-examined. The bundle was as much as she could carry—she had got about twenty yards from the house, when I went and found Catherine Lewis in the room—I think she could not have come in after Dorsett went there, as Dorsett was about five minutes at the house—I believe there was an old gown lying on the bed, and an old shawl in the corner, but nothing like that I saw Dorsett carrying.
Witness for the Defence.
JOHN QUAINER . I am a weaver, and live at No. 4, Red Lion-row, Walworth. I have known the prisoner Dorsett nine or ten years—I never knew a blemish in her character—I live a long way from them now, but. twelve months ago I lived very dose to them—I know her husband—I know he is her husband—they were married at Shoreditch church, I think, my wife was present at her marriage, but I was not—they always lived together as man and wife.
WILLIAM LEWIS— GUILTY . Aged 22.— Transported for Fifteen Years.
CECILIA LEWIS— GUILTY . Aged 18.— Transported for Ten Years.
DORSETT— NOT GUILTY .
HENRY PENNY . I manage a boot and shoe-shop for James King, in Chapel-street, at the corner of the Liverpool-road. On the 15th of October I lost a pair of boots—these are them—(looking at them)—they are our manufacture—they were never sold.
EDWARD ROPE . I am shopman to Daniel Button, a pawnbroker in Battle-bridge. I produce a pair of boots pawned by a woman on the 15th, of October for 8s.—I have seen the duplicates which I gave the person, in the hands of Collier.
GEORGE COLLIER . I am a policeman. I took the prisoners into custody on another charge, on the 11th of November—I searched Dorsett's lodging, No. 31, Cromer-street—the house is occupied by her husband and herself—I found a quantity of duplicates in various places in the room, and these duplicates among them, and these six keys.
NOT GUILTY .
(There were other indictments against the prisoner, upon which no evidence was offered.)
196. JOHN ADAMS was indicted for stealing, on the 25th of March, 5760 yards of galloon, value 18l.; also for stealing, on the 6th of November, 720 yards of galloon, value 2l. 5s.; the goods of Thomas Cordell Newbury, his master: to both of which he pleaded
GUILTY . Aged 23.— Confined Twelve Months.
197. HANNAH ROGERS was indicted for stealing, on the 7th of November, 1 veil, value 1s.; 1 table-cloth, value 3s.; 1 handkerchief, value 2s.; 1 scarf, value 5s.; 2 towels, value 2s.; and 4 1/2 yards of lace, value 1s.; the goods of James Whittle Mead, her master.
ANN MEAD . I am the wife of James Whittle Mead, and live in Upper Southgate-street, Paddington. The prisoner came to live with us as servant on the 24th of September—I was constantly missing articles, and among others, those named in the indictment—on the 7th of November I spoke to her, and she acknowledged taking a veil, some lace and ribbon—I called in an officer, and she delivered these articles from her box—I had given her a cap, and she took the ribbon and trimmed it with it—there were three or four yards.
JAMES EAGLES (police-constable T 115.) On the evening of the 7th of November I was called in to Mr. Mead's house—the prisoner delivered to me a veil, four pieces of lace, and a ribbon, which she took from her box—she said she took the linen out of a cupboard, and the veil out of her mistress's drawers.
MRS. MEAD re-examined. She denied having the things till I went to her late mistress's, I then called in the officer, and she acknowledged it.
(Susan Blomfield, of York-street, Westminster, the wife of a carpenter, gave the prisoner a good character.)
GUILTY. Aged 17.— Judgment Respited.
JOSEPH JOHNSON . I keep a shoe-shop in Tottenham-court-road. I heard a ticket fall, on Friday evening, the 8th of November—I went to the door and missed six pairs of shoes—I saw the prisoner running, five or six doors off, and took him—he was charged by a boy with having taken shoes—he said he did not—they were tied together—the string was taken with them.
CHARLES BENNETT . I am an errand-boy to Mr. Kyezor, Tottenham-court-road, next door to the prosecutor. On Friday afternoon, the 8th of November, I was at my master's door—I saw the prisoner come to our door, where another boy stood, give him the shoes, and he ran away with them—the prisoner walked behind—Mr. Johnson came to the door, and I pointed him out—the shoes have not been found.
Prisoner's Defence. I was not running, I was looking in at the next shop.
NOT GUILTY .
WILLIAM BRISCOMR . I live with my father, George Briscomb, who keeps a clothes-shop in Grosvenor-row, St. George's, Hanover-square. This pair of boots are mine—I missed them from a nail hanging on the door-post, at four o'clock in the afternoon, having seen them safe at half-past three o'clock—I had seen the prisoners looking in at the shop-window together about three o'clock.
GEORGE JOHN RESTIEAUX (police-constable E 49.) On the 5th of November, at a quarter before ten o'clock, I saw the prisoners at the corner of Church-street, in Buckeridge-street, St. Giles's—Taylor was about a yard behind Frome—Frome said, "Go back, black." which is a term for a constable coming—Frome ran so fast I could not secure him, but I took Taylor with these boots in a basket, I found a pair of scizzors in it—Taylor said, a strange man had given him the basket to take down the second turning and then the first turning, and he would meet him—I asked him if Frome was the man—he said, "No"—About an hour and a half afterwards, I apprehended Frome in a lodging-house, took him to the station-house, and Taylor said he had not seen him since twelve o'clock that day, but I had seen them together—I found a knife in Frome's pocket, and the scizzors were in the basket—there was a piece of string that joined the two boots together, and it appeared to have been cut—I found 1s. 3d. on Taylor, and 1s. on Frome.
(Property produced and sworn to.)
Taylor's Defence. A person employed me to carry the basket, he gave me 6d. and was to meet me at the corner of Church-street, but before I got there the policeman took me—I told him the same as the man told me—he found the scizzors in my basket—I know nothing of the other prisoner.
(The prisoner Taylor received a good character.)
TAYLOR †— GUILTY . Aged 17.
FROME †— GUILTY . Aged 17.
Confined Twelve Months.
NATHAN SOLOMON . I am the prosecutor's son—I was in his house on Tuesday the 5th of November, between six and seven o'clock—I missed a tea-caddy—the one produced is it, I know it by a private mark of my own—it has a sugar-basin to it—it was taken off the steps of the door—I had seen it safe about a quarter past six o'clock.
GEORGE JOHN RESTIEAUX . I am a policeman. On the evening in question I saw the two prisoners in Church-street, St. Giles's—Frome passed me and I seized Taylor—Frome said, "Black, go back black" and then ran away—I found the tea-caddy in the basket, with the shoes tied in an apron—he gave me the account I stated in the last case.
Frome's Defence. It is quite false that the scizzors were in the basket, they were in my pocket.
TAYLOR*— GUILTY .
FROME— NOT GUILTY .
201. JAMES THOMPSON and HENRY SIMPSON were indicted for stealing, on the 31st of October, 5 1/2 yards of printed merinos, value 3s. 6d.; and 9 1/2 yards of printed cotton, value 6s. 6d., the goods of Jonas Binns; and that Thompson had been before convicted of felony.
JONAS BINNS . I am a linen-draper, and live at Kensington. I lost a morine gown-piece, and some cotton, worth 1l. together—I saw them safe on Thursday morning, the 31st of October, in my window, within reach of a person standing on the top step of the door—I missed them about eleven o'clock.
ANN BINNS . I am eighteen years old—I live with my father. On the 31st of October Thompson came into the shop about eleven o'clock, and asked for some thread—I had none of the right colour—I missed the property shortly after—I should not like to swear to Thompson, but feel confident it was him.
THOMAS SWAIN (police-constable T 130.) On Thursday, the 31st of October, I saw the prisoners in Brook-green-lane, Hammersmith, about twenty yards from each other, coming in the direction from the prosecutor's house—they had each a bundle—I went up to Thompson, and asked what be bad there—he said he bad got a gown, and was taking it to his mother's—I turned round and saw Simpson run away with the other bundle—I sent somebody after him—I found on Thompson this gown piece.
JOHN JONES . I was in company with Rice, a constable, on the 31st of October, about one o'clock, in Brook-green-lane—I saw the prisoner. Simpson running from a hedge—a man named Price ran after him, and took him, in my sight—I went over the hedge, and found this gown-piece wrapped up in this towel—it was just over the hedge, where the prisoner had run—he said he got it near the turnpike at Nottinghill.
(Property produced and worn to.)
THOMPSON— GUILTY . Aged 16.— Transported for Seven Years—Convict Ship.
SIMPSON— GUILTY . Aged 14.— Confined Six Months.
THOMAS JEAKES . I am a builder, and live in Little Russell-street, Bloomsbury. I have known the prisoner a few years, and have occasionally employed him to go on errands for me—he owed me a debt—I partly paid him money for errands, and partly wrote it off against the debt—I have occasionally sent him with money to a person named Geary—the prisoner came to me on the 6th of November, and asked me if I had any money to send to Geary—I entrusted him with six sovereigns, eighteen shillings, and three halfpence—he knew where to take it—he went off with the money, and spent it.
Cross-examined by MR. PRENDERGAST. Q. In what way did you employ him? A. In writing out agreements for me occasionally—I paid him by the job—I should not have employed him except he owed me some money—I had given him 5s. to go to Islington the day before—I made no agreement with him—he lived in the Colonnade, about a quarter of a mile from me—I sent to him two or three times before he was taken—they brought me back word that be had spent all the money, and wanted to repay me—when I went with the policeman and took him, I asked what he had done with the money—he said he was very sorry, he had spent every farthing—I did not ask him if he had any thing to give me—he wanted to work it off, and said he would pay me in two or three months' time.
(The prisoner received a good character.)
GUILTY . Aged 29.—Recommended to mercy.— Confined Six Months.
Fourth Jury, before Mr. Sergeant Arabin.
CHARLES SNELLING . I am shopman to William James Smellie, a pawnbroker, in Farringdon-square, Somers-town. The prisoner came to our shop on the 18th of November, and inquired the price of several articles, but bought nothing—about ten minutes after she left, Mr. Griffiths' young man brought the cape of a gown, which I knew to be my master's, and one which I had left the prisoner looking at while I went to the other end of the shop—I went with him to Mr. Griffith's, and saw the gown and the prisoner.
THOMAS FIN EG AN . I am shopman to Mr. Griffiths, a pawnbroker, in ossulston-street. The prisoner came to pledge this gown—I asked how much she wanted on it—she said 6s. and that she had it out on Saturday night before for the same—I saw a pin in it, and suspected it was stolen—I detained the prisoner, and sent a young man to Mr. Smellie's shop, who claimed the gown.
(Property produced and sworn to.)
Prisoner's Defence. I was standing in the shop about a quarter of an hour waiting for my tarn—a woman came in and told me to move alongside, and asked me to hand her the gown—I did so, and then this man came, and said I had taken it.
(The prisoner received a good character.)
GUILTY . Aged 35.— Confined Three Months.
WILLIAM GOFTON . I am in the employ of John Matthews and another, Pawnbrokers, in Nichol-street, Gray's-inn-lane. On the 18th of November, about a quarter to five o'clock, I was in the shop looking through the window—I saw the prisoner in. the act of taking something—I went round the counter, and saw him with a pair of boots in his hand—he must have taken them off a bar in the shop—I followed him about two hundred yards, came up with him, and told him I wanted him—he said he could not come—I told him he must come—he began to scuffle and fight, but 1 got fast hold of him, and took him back to the shop—he dropped the boots in the scuffle—these are them—(looking at them.)
Cross-examined by MR. PHILLIPS. Q. Did you see the prisoner in the shop? A. No, outside—the boots were hanging inside—there is a mark on the sole which I know them by—I missed them on my return.
GUILTY . Aged 15.—Recommended to mercy.— Confined Six Weeks.
JOHN EDWARDS . I am a cheesemonger, and live in High-street, Camden-town. On the 14th of November, near one o'clock in the day, the prisoner came to my shop—he asked for nothing—I had reason to suspect him, and ran after him—I caught him eight doors off with the bacon in his hand, and gave him in charge of the policeman.
ALLEN HORATIO GARMAN . I am a policeman. I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—"I was a witness at the trial—he is the person who was then convicted—I took him and his brother. "
GUILTY . Aged 18.— Transported for Fourteen Years.
GUILTY .— Confined One Year.
NEW COURT.—Monday, December 2nd, 1839.
Fifth Jury before Mr. Common Sergeant.
207. CATHERINE FILKINS was indicted for stealing, on the 20th of November, 1 clock, value 10s.; 2 paintings and frames, value 10s.; 1 umbrella. value 6s.; 1 shift, value 2s.; and 1 petticoat, value 1s.; the goods of Ann Stevens; to which she pleaded
GUILTY .— Confined Three Months.
208. ANN MALEY was indicted for stealing, on the 25th of November, 2 petticoats, value 2s. 6d.; 2 gowns, value 5s.; 1 shawl, value 1s.; 1 cap, value 6d.; 1 shift, value 6d.; 1 bonnet, value 3s.; the goods of Patrick Maley; to which she pleaded
GUILTY. Aged 15.— Judgment Respited.
GUILTY .— Confined Three Months.
GUILTY .— Confined Three Months.
JOSEPH BIGGS . I am foreman to Benjamin William Thorold, and live at East Acton. I have seen two trusses of hay produced—it is my master's—we have lost such—it is from the last rick that was put up—there is dock and thistle among it.
Cross-examined by MR. PAYNE. Q. Who does this belong to? A. To the old gentleman who is down at his farm in Lincolnshire—Mr. Birch does not deal with him—I do not know that the old gentleman's name is
Benjamin Hart Thorold—the name of Benjamin William Thorold is on his carts—I had a hay-binder there—I should like to know what has become of him—he was suspected of being concerned in this robbery—I have made no attempt to find him, the officer has—Mr. Birch had a horse at grass for seven weeks on my master's premises.
THOMAS DUGGAN . I am a horse-patrol. In consequence of information, I went, between ten and eleven o'clock in the morning, to Mr. Birch, who keeps the Green Man public-house, at Harlesdon-green, where the prisoner was ostler—I found him in the stable—I told him I was going to apprehend him for stealing hay from Mr. Thorold—he said no person saw him steal any hay—in a short time Biggs came—there were three trusses in the stall in the stable—Biggs pointed out two of them—he swore to two of them being his master's, he would not swear to the other—the hay was taken from near Harlesdon-green, a quarter of a mile from where we found this.
Cross-examined. Q. Have you kept it? A. Yes, I took somebody else, from information I had received, but not from Biggs.
ANNE BROOKS . I live at Harlesdon-green—I have known the prisoner some time—about a week before he was apprehended, I saw him take a truss of hay from the bottom of Mr. Thorold's rick at Harlesdon-green.
Cross-examined. Q. You did not go before the Magistrate? A. I went after he was taken—the hay-binder was present when he took this—I was at home—I could see quite plainly, it was the middle of the day.
MR. PAYNE called
JACOB. BIRCH . I keep the Green Man public-house—I have known the prisoner two years—he has been in my employ ten months—I know old Mr. Thorold—his name is Benjamin Hart Thorold—his son's name is Benjamin Walter Thorold—neither of them are named Benjamin William—I received this bill from the son, Benjamin Walter Thorold, which I had for a horse grating on the old gentleman's property—the bill says "To Benjamin Hart Thorold. "
JURY. Q. What means had you of ascertaining the old gentleman's name? A. His son told me his name was Benjamin Hart, and he took up the name of Thorold.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Nine Months.
212. FREDERICK SABLE was indicted for stealing, on the 10th of June, 49 bookbinders' tools, value 3l.; likewise, on the 2nd of September, 3lbs. weight of millboard, value 9d.; 1lb. weight of leather, value 7s.; 12 sheets of printed paper, Value 3s.; 8 books of gold leaf, value 2s. 6d.; the goods of Thomas De la Rue and others, his masters; to both of which he pleaded
GUILTY .—Recommended to mercy.— Confined One Year.
MR. BALLANTINE conducted the Prosecution.
THOMAS YORK . I am a lath-render, and live in Ann's Place, Hackney-road. I went to the prosecutor's yard, which near the Regent's Canal, Limehouse, on the 8th of November, between seven and eight o'clock in the morning, and purchased a quarter of a fathom of lath-wood of the prisoner—it came to 4l. 10s.—I paid him 4 sovereigns in gold, and ten shillings in silver.
Cross-examined by MR. PRENDERGAST. Q. This was quite an ordinary
transaction? A. Yes—I paid the 4l. 10s. between seven and eight o'clock in the morning—nothing particular occurred.
Cross-examined. Q. You were with him? A. Yes—I am not York's servant—I am a cow-keeper and carman.
DANIEL ROGERS . I am a lath-render, and live in Bethnal-green. On the 18th of November I purchased one-eighth of a fathom of wood of the prisoner, and paid him 2l. 5s. for it—Skinner carted it for me.
Cross-examined. Q. What time was this? A. Half-past seven o'clock in the morning—the yard was open—there were many other persons there—I have been here before—I get my living honestly.
Cross-examined. Q. Are you always carman to this yard? A. No—I cart lath and fire-wood for these two men—they used to work together, but they have parted since—I saw money on both these occasions.
CHARLES FREDERICK DADDEN . I am clerk to Boulcott and Cadman, timber merchants. The prisoner was their foreman—it was his duty to sell lath wood in the morning before the clerks came—if he effected a sale, and was paid, it was his duty to give the money to me when I came to the counting-house—on the 8th of November the prisoner handed 2l. 5s. to me for one-eighth of a fathom of lath, which he had received from York—he accounted for no more money received from York that day.
Cross-examined. Q. Have you got your book here? A. Yes—there were other things sold by him that morning—here are two other entries by him that same day—I know he had not paid Mr. Boulcott this money, because he was in the country—his name is Joseph Crew Boulcott.
MR. BALLANTINE. Q. It was the prisoner's duty to account to you? A. Yes—if he did not account to me, he should to Dalton.
Cross-examined. Q. How many clerks are there besides? A. Only us two, and the two partners—no mistake is ever made in the entries.
CHARLES FREDERICK DADDEN re-examined. The prisoner did not account to me for 2l. 5s. on the 18th of November from Rogers—it is not entered at all—if I receive money I enter it, and if Dalton receives it he does.
Cross-examined. Q. Does the prisoner make any entry? A. No—no notes of delivery are given—the note of delivery is a note from our counting-house—he generally tells us if he has sold any thing.
(Edward Robinson, tailor, Queen-street, Ratcliff; Daniel Palmer, lighterman, Butcher-row, Ratcliff; John Skinner, coal merchant, Narrow-street, Ratcliff; John Skelton, mast-maker, Shad well; Benjamin Venables, Lighterman,
cliff; John Hone, coal and potato merchant, and John White, master lighterman, George-street, Ratcliff; gave the prisoner a good character.)
GUILTY Aged 40.— Transported for Seven Years.
214. WILLIAM HOOKER was indicted for stealing, on the 11th of November, 1 canvass rapper, value Is., and 25 yards of woollen cloth, value 21l. 17s. 6d. the goods of Richard Worster and others; and MARY HOOKER and HARRIET HOOKER , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.: to which
W. HOOKER pleaded GUILTY Aged 13.— Confined Three Months.
M. HOOKER pleaded GUILTY Aged 42.— Confined Nine Months.
H. HOOKER pleaded GUILTY Aged 28.— Confined Six Months.
215. MARY FITZGERALD and CHARLOTTE EVANS were indicted for stealing, on the 15th of November, 1 pair of trowsers, value 4s., the goods of Daniel John Steward; and that Fitzgerald had been before convicted of felony.
DANIEL JOHN STEWARD . I lost a pair of trowsers, on Friday, the 15th of November, from the right-hand side of my shop in Royal Hospitalrow, Chelsea. I saw them about half-past two o'clock—these are them—(looking at them.)
MARTHA GRANT . I am servant to the prosecutor. About four or five o'clock that afternoon, the two prisoners came and asked for a pair of shoes—I showed them a pair—Evans said they did not fit her—she wanted la larger pair, and was to have them by Saturday night—she went away, and said she would call and let us know whether she would have them—they both came back in about half-an-hour, and said we were to make the shoes, and if they did not come for them, I was to take them to No. 7, George-street, in the name of Jones—these trowsers were there when they came, and directly they went the trowsers were missing—I went to George-street, and they did not live there—in about three-quarters of an hour I saw them go by—I went and called them in, and gave them into custody.
ANN FRANKLIN . I live in King's Arms-yard, Ebury-street, Pimlico. On the afternoon of the 15th of November the two prisoners came down the yard, about five o'clock, and sent a young lad in to call out my journeyman—he went out and did not return till about seven o'clock—I then gave him his tea. he went out, and I did not see him again till he was in custody—I went and found these trowsers under his bed—he is still in my employ—he was liberated at Queen-square Office—he had not been out all day before they came.
Fitzgerald's Defence. We went out;—this young woman said she would buy a pair of shoes—we went in and ordered them—we then went back to pay off some money, and the young woman said there would be no occasion if she would be sure and call—the said she would—we came out, and in half-an-hour or three-quarters of an hour we went by again, and she called us in—in an hour and a half the officer came and said the trowsers were found by two sweeps—we said we were glad of it—one of the sweeps was taken and discharged.
FITZGERALD— GUILTY Aged 18.— Transported for Seven Years.
EVANS— GUILTY Aged 19.— Confined Six Months.
JAMES HARMAN . I am apprentice to Robert Watt, of Exmouth-street, Clerkenwell. On the 27th of November the prisoner offered two aprons to pledge—she did not appear to be drunk—she laid them on the counter, went back about three yards, and asked the price of a shawl—I said, "Ten shillings and sixpence"—she held it up some minutes, then let it fall, and I saw the scarf in her hand—the foreman came up, and took the pledge from her—she then went out—we followed her, and told her she had something which did not belong to her—she said, "They are not yours, they belong to a person of the name of Cosgrove"—the foreman took the scarf from her, and at the door he took the cape from her—this is the property—(looking at them)—they are my master's.
Prisoner. I was very much intoxicated—I know so more of the scarf than a child.
Prisoner. It was my first time of being intoxicated, and shall be my last.
GUILTY Aged 32.— Confined One Month.
STEPHEN COOPER . I keep a toy-warehouse in Crawford-street. On the 23rd of November, at a quarter past six o'clock, the prisoners were brought to my shop—I examined and found I had lost six combs—these are them—(looking at them.)
ROBERT HOARE (police-sergeant D 12.) I saw the two prisoners at the prosecutor's—Paine was pushing the door open, and before I could get across I saw Paine run out of the shop—Corbett was covering him when he went in—I took these combs from Paine, and took the prisoners back to Mr. Cooper—I found on Corbett a top and a counter, and on Paine a box of skittles and a money box.
Corbett's Defence. I met this boy, who asked me to go with him—we stopped looking into the shop, and I went on and called him—he would not come, and the policeman took us.
PAINE— GUILTY Aged 11.
CORBETT— GUILTY Aged 16.
Confined Nine Days and Whipped.
JOHN COOTE (police-constable D 41.) About five o'clock in the evening of the 25th of November, I saw the prisoner running down Portman-square with something under his arm—I followed and stopped him, and asked
what he had got—he made no reply—I took this pot from under hit arm, and asked what he was going to do—he said to get some oil in it to take to Bayswater, for a gentleman whose horse had fallen down and thrown him out of a chaise—I said it was a queer thing to get oil in a quart pot, and asked him where he was going to take it to at Bayswater—he said to No. 9, but he did not know who lived there—I took him to the station-house—in going along, he said he would give me any thing I liked if I would let him go, as it would ruin his character—at the station-house he said he had worked for a person named Tubb, a milk-man, in the New-road—I took a half-sovereign from him and a letter.
Cross-examined by MR. PRENDERGAST. Q. Did he not tell you that he had picked up the pot to get the oil in? A. Yes—I went with him by the Magistrate's order the next morning—he took me to No. 9, Bayswater, where the accident had occurred, as he said—I rang the area bell, and asked if the prisoner had been there to carry a quart of cream—the footcalled the maid servant—she said he bad brought some cream there—asked if they had seen or heard of any accident, or had any horse that had been injured—they said no—the prisoner said the gentleman gave him he half-sovereign.
NOT GUILTY .
ANN GARDNER . I live at Chelsea. I married the prisoner on the 6th of July, 1837, at Paddington-church, in the name of Thomas Russell—I am sure that is the truth—I know his father when I see him—I did not go with his father any where—I did not go to his father's house—I with the prisoner two years and a quarter.
Cross-examined by MR. PHILLIPS. Q. How long bad yon known him before you married him? A. Seven or eight months—I was then living in service at Mr. Barrett's, in the New-road—he had been in the habit of visiting me there at all hours and seasons—I did go out with his father, did not go to his father's house—I got acquainted with the prisoner, is coming to the house of a cousin of his.
Q. Did yon see any of his friends before your marriage? A. I do not now whether they were his friends or not—they said they were—I saw his sister, as she said she was, several times, through a young man living were who she knew—she told roe the prisoner was her brother, and that he had got a wife living—but when I put this to him, he always said he was a single man—he always said he was not married.
Q. Did not his sister remonstrate with yon for encouraging his visits, when was a married man? A. Yes—but how did I know she was his sister?—a woman called on me, who said she was his wife, but how did I know she was so?—that was about three or four months before I married film.
THOMAS MERSER . I am parish-clerk of Thames Ditton, in Surrey. I produce the register of marriages, at that church—on the 23rd of June, 1834, there was a marriage between Thomas Russell, bachelor, and Ann Stevenson, spinster—the prisoner is the man who was married—I know Stevenson—I saw her alive last Monday, at Marylebone.
TIMOTHY WELLS (police-constable V 83.) I apprehended the prisoner at Brentford, on the 19th of November—he was at home with his first wife and two children, as he represented—I took him on a warrant, for deserting his second wife and one child—she was in the family way again, and she had become chargeable to the parish—he denied that he had a second wife.
MR. PHILLIPS called
MARY ANN RUSSELL . I am the prisoner's sister—I called several times on Ann Gardner, to tell her my brother was married, and brought his wife to convince her of it—I was before the Magistrate when the prisoner was examined the first time—Ann Gardner did not deny that she knew he was married—she said he told it her himself; and when I went to her, she said she knew he was married—I was not present at his second marriage.
COURT. Q. Have you seen your brother since 1837? A. I am not always at home, but he has been backwards and forwards at my father's the whole time—I have been to his house—he was living with his first wile—I know he has been backwards and forwards with Ann Gardner for the last two years, but not the whole time with her—I have never been to that house.
NOT GUILTY .
220. MARY SMITH was indicted for stealing, on the 25th of October, 1 basket, value 10d.; 1/4 oz. weight of tea. value 1d.; and 1/4 lb. weight of butter, value 3d.; the goods of Michael Gard, from the person of Mary Ann Gard.
MARGARET GARD . I am the wife of Michael Gard, and live in Fulwood's-rents, Holborn. At four o'clock, on the afternoon of the 25th. of October, I sent my daughter with a basket, to buy some tea and butter—she was brought back by a policeman—some time after I went to Baldwin's-gardens, and on my return I met a young lady with my basket—it contained the articles stated.
MART ANN GARD . I was sent out with a basket to get some tea and butter—the prisoner came up to me, she sent me to some places, and when I came back she was gone—she had the basket—I am sure she is the person—she was dressed in a blue apron, a shawl, and a bonnet—this is the basket'
JANE EMERY . I am the wife of John Emery. I keep a clothes-shop in Hole-in-the-Wall passage—about six o'clock in the evening of the 25th of October, the prisoner came and offered this basket for sale—I had no change, and desired her to leave it—she said it was her own.
GUILTY Aged 33.— Confined Three Months.
GUILTY — To enter into his own recognisance to keep the peace.
GEORGE ORDWAY . I am a butcher, and live in High-street, Whitechapel. Last Saturday night, between eight and nine o'clock, I was standing outside my shop, and saw the prisoner take a breast of mutton off my
board—he put it under his jacket, and went away—I followed, and took it from him.
Prisoner. A man with me gave me 1s. 2d., and told me to go and buy a bit of meat—I bought it, but I don't know where. Witness. I saw him take the mutton from my board.
GUILTY Aged 33.— Confined Two Months.
RICHARD GOODWIN . I live in Leader-street, Shad well-market, and sell beer on the river. On the 21st of November I made my boat fast to the stairs—I left some casks and some coats on board—I missed a coat from there on Friday the 22nd—I had seen it safe about four o'clock on the Thursday—this is it.
ANN SLADDEN . I am the wife of Thomas Sladden. We keep a marine store shop in New Gravel-lane. On Thursday evening, the 21st of November, the prisoner came and asked me if I bought old rags—I said "Yes"—he threw this coat into the scale, and it was quite wet—I said, "I don't buy wet rags"—I turned it over and found it was a coat—he said his mother had sent him with it—he went out and left it, and in two or three minutes an officer brought him back.
(The prisoner received a good character.)
GUILTY Aged 17.— Confined Three Months.
CHARLES MAYNARD . I live with my brother James, in Paradise-row, Chelsea. On the afternoon of the 21st of November, at half-past two o'clock, I saw the prisoner" running together, about thirty yards from our shop—Simmons had the mutton under his arm—he dropped it, and I took it up.
SIMMONS— GUILTY Aged 14.— Confined Fourteen Days.
ANSLOE— NOT GUILTY
Prisoner's Defence. I found them both on the rubbish.
(The prisoner received a good character.)
GUILTY Aged 17.— Confined Three Months.
(There was another indictment against the prisoner.)
THOMAS CRAWFORD . I am an umbrella-maker, and live in the Strand. About four o'clock in the afternoon of the 27th of November, I had an umbrella safe against the door, inside—I missed it about an hour after—this is it.
GEORGE ANTHONY . I am a writer and grainer, and live in Crescent-street. About half-past four o'clock, on the 27th of November, I saw the prisoner and another lad standing at a hosier's shop-door in the Strand—his companion attempted to pull down a flannel shirt, which took my attention—they left, and went to the prosecutor's—after passing two or three times the prisoner took an umbrella from inside the door, and gave it to his companion—I followed them some distance, and informed a policeman—I took the prisoner—his companion threw it down, and escaped.
(The prisoner received a good character.)
GUILTY Aged 16.— Confined Three Months.
(The prosecutrix did not appear.)
PETER DIXON . I am servant to Charles Baker, a butcher, in Torrington-place, Russell-square. On the 18th of November, at eleven o'clock, I stopped the prisoner, who was running with a loin of mutton, and some beef-steaks—I took him back to my tray, which I had left in the street, and found they had been taken from it.
GUILTY Aged 17.—Recommended to mercy.— Confined Three Months.
(The prosecutor did not appear.)
DAVID HAY . On the 13th of November, between two and three o'clock in the morning, I was coming down Mile-end-road, and met two females, who followed me down to Red Cow-lane—we had a little conversation, and the prisoner, who was one of them, began to feel about my person—she went away immediately, spoke to the other, and then came back to me—the other did not feel me—I missed my watch, which I saw safe about ten minutes before—I will swear that it was there when she began to feel—I was not sober—I had suspicion—I went after her, and gave her in charge for stealing my watch—I have not found it.
Cross-examined by MR. PHILLIPS. Q. How many women had you at
first in your company? A. Two, the prisoner was one—there were not three with me—I had been in no public-house with them, that I know of—I was in a public-house with a female who lived servant with a person that I live with—I do not know where she is—she has not absconded that I know of—I saw her last on that Tuesday, but not since I lost my watch—I have not looked for her—she was in my company about an hour, drinking—I met the prisoner after I parted with her.
SUSANNA SKERMAN . I am the wife of James Skerman, and live in Margaret-street, Clerkenwell. About a quarter before two o'clock, on the 12th of November, I went out, leaving my daughter Louisa. who is ten years old, at home—I returned in about half-an-hour, and she began telling me about some one having been there, and my lodger, Charles House, came in with this copper, which is ours—when I left home, it was fixed in the Wash-house—I found it had been taken away.
LOUISA SKERMAN . I was at home, a knock came to the door, and two sweeps, one of whom is the prisoner, came, and asked if the chimneys wanted sweeping—I said, "No"—he asked if I did not want them swept to-day—I said, "No"—I asked if he had been ordered to sweep them—he said, "Yes"—he went down stairs—I saw him trying to do something to the copper—a little while after, he told me to tell the other to bring the sack down—I went, and did so—they were going away, and the lodger came down.
CHARLES HOWSE . I lodge at Mr. Skerman's. I was coming home, and saw the street-door open, and when I went to my room, a sweep about fifty years old came up, and said the men were down stairs—while I was talking, the little girl, the prisoner, and another man, came up—the prisoner asked if the up-stairs chimneys wanted sweeping—I said, "No"—I thought the prisoner's bag looked rather bulky—I went down, and missed the copper—he was then gone out—I went, and brought him back, with the copper, which he threw away.
Prisoner's Defence. I met these two sweeps, and as we were going on there was an alarm—they threw down the copper, and went away.
GUILTY Aged 20.— Transported for Seven Years.
232. ANN GWYNNE was indicted for stealing, on the 16th of November, 2 shirts, value 3s.; 2 pair of trowsers, value 3s.; 1 shawl, value 1s.; 1 jacket, value 2s.; the goods of John Hannen: and 1 handkerchief, value 6d., the goods of Sarah Rotte.
SARAH ROTTE . I lire, with John Hannen, a labourer, in Gower-place, Whitechapel. I have known the prisoner four years—on Saturday, the 16th of November, I saw her at the Hampshire Hog public-house—she called me Mammy Rotte, put her arms round me, and 1 began to kiss her—I asked if she was hungry, and took her home, and John Hannen went for a pot of beer—he had some shirts and trowsers, and other things, which I saw safe between five and six o'clock on the 16th—I missed them the next morning—on the Monday morning, between nine and ten o'clock,
I found her with my shawl on, and this old handkerchief in her hand—she had taken every thing out of the box—I only found the shawl and the handkerchief, which are mine.
WILLIAM LEACH . I am a policeman. I produce the handkerchief and shawl—I took the prisoner on the Monday to the station-house—she was searched, and nothing found on her—she made no reply to the charge.
GUILTY * Aged 19.— Transported for Seven Years.
Before Mr. Sergeant Arabin.
233. GEORGE CURTIS and MARY COPSEY were indicted for stealing, on the 15th of December, 1 coat, value 80s.; 1 frock, value 5s. 1 shirt, value 2s.; 1 hat, value 4s.; and 1hat-box, value 1s.; the goods of William Budd and another, the masters of George Curtis; to which
CURTIS pleaded GUILTY — Confined One Year.
COPSEY pleaded GUILTY — Confined Three Months.
Before Mr. Recorder.
MR. PAYNE conducted the Prosecution.
JAMES COOPER . I am in the employ of Mrs. Cousins, a gardener, of Maze-hill. In consequence of information from Ridley on Monday, the 23rd of September, I saw two sheep in my mistress's garden—one was very much scoured, which means very dirty behind—I went round to different butchers, to see if they owned them, and among others, to the prisoner—I asked if he had lost any sheep—he said he had lost five, that he would come and look at them, and if they were his, he would fetch them away—he came about one o'clock, and said they were his, and he would bring his horse and cart that afternoon, and fetch them away—I and the prisoner drove them from the garden to the stable, and he went away—there is a field adjoining Mrs. Cousins's garden, with a great many gaps in the hedge, through which the sheep could get—they could get through the rails, and many places—the prisoner said he had lost the fire the week before—that he had had nine, and killed four.
WILLIAM RIDLEY . I am gardener to Mr. Cousins, of Maze-hill. On Monday, the 23rd of September, I saw some sheep in Mrs. Cousins's garden—one was very dirty behind—I believe that was a white-faced one—the other was brown-faced, and much shorter in the legs than the white one—I saw the prisoner in the road with his cart afterwards, between two and four o'clock in the afternoon—he brought a sheep out of Mrs. Cou-sins's
gate, turned it up on the footpath, put it into the cart, and put up the tail-board—I said to him, "John, are them your sheep:" (I knew him by the name of John)—he said, "Yes, I have lost five"—I had only seen him put one in the cart myself—he shut Mrs. Cousins's gate, and 1 went into my master's garden, which is next door to Mrs. Cousins's.
Cross-examined by MR. CLARKSON. Q. Mr. Couldery has been a butcher at Greenwich some time? A. Yes—I have known him three years—the prisoner lives within a hundred yards of him—he has carried on business as a butcher about eighteen months—I have known him seven years—I never heard any thing against him—the prisoner's premises are about a quarter of a mile from Mrs. Cousins's field—the prisoner and prosecutor both live in Trafalgar-road—I have been accustomed to sheep—these two were of different breeds—one was nearly a Southdown—the legs of one were longer than the other—I do not know whether they were ewes or wethers.
EDWARD GARDNER COULDERY . I am a butcher, and live in Trafalgar-road, Greenwich. In September last I had two sheep at Maze-hill, in Vanburgh-fields, about a hundred yards from Mrs. Cousins's garden—I saw them safe on Sunday, the 22nd of September, about one o'clock, in the field—one was a white-faced sheep, and very dirty behind, the other was short-legged, and dark-brown faced—they were ewes, and Cheviot bred—they bad been turned into the field on the Friday before—I had bought them on the Monday before, (the 16th) at Smithfield, of Mr. Waugh—in consequence of what I heard, I went on Wednesday, the 25th, to the prisoner's house—I had previously sent my lad Bennett—I asked the prisoner if he had fetched two sheep from Mrs. Cousins's garden—he said he had on Monday—I asked if he had killed them—he said he had killed them. on Monday—I asked him to let me see the skins—he said no, be would not allow me on the premises, the skins were gone—I told him my boy could prove the skins were on his premises that morning—I fetched the boy, and he took him into the yard, for the boy to show him where the skins were—the prisoner said he was a liar—I said I thought it was clear they were my sheep, and I would see what I could do—I went home, and gave information to Dorsett the policeman, and went with him to the prisoner's house when he was absent, but found no skins there.
Cross-examined. Q. Is Mr. Waugh here? A. No—I have never before stated that I asked the prisoner whether he had killed two sheep, and that he said yes—I have never said the sheep were two Southdown—neither of them were Southdown—both were Cheviot bred, but one had a dark face—some have dark faces, and some light—they are not all alike, some have short legs, and some long ones—I did not see the sheep in Mrs. Cousins's garden—I have never seen them since the Sunday on which they were lost, and have had no opportunity of identifying them or the skins—the prisoner has been a butcher ever since I have known him—he has kept a shop about a year and nine months—I have kept a shop seven years—we both live in the same road—he has a pretty good business as a butcher—I never found any difference in mine after he came there—I swear that—I never said so, to my recollection—I swear I never did—he lives about a stone's throw from me, on the same side of the way—he did no business with any of my customers before he came there—I cannot exactly say whether he has since—we have many chance customers who come one day, and not another—there are one or two who come to me, and then go to him—but I can tell by what meat I sell whether I find any difference—
there may have been more than one or two customers left me, but I took no notice—I do not mind losing a customer—a dozen or half a dozen may have left me—we do not call them all customers.
Q. Are there not customers who live in the immediate neighbourhood who dealt with you before he came, and now deal with him? A. Partly with me, but never regularly—I do not recollect one regular customer doing so—they might come once or twice a week, but I cannot say they dealt with me constantly before he came—they did not cease to deal with me before he came—one or two may have left off dealing with me altogether—I did not put an account of this into the newspaper—a person came to me one evening, about a week after the hearing, and asked me something about it, and I told him the truth—I did not know he wanted the particulars to put into the newspaper—he did not tell me any thing about it, and I did not know him—I did not know his name or person—I swear that—he was a perfect stranger to me—he was not lame—I know a person named Constantine—I believe he is a reporter—I have seen him at different times passing by—he has spoken to me, and now and then he has bought a bit of meat, nothing further, and he has asked me when this would come on—I do not take in the "Greenwich Gazette"—I read it perhaps once a month or two months—I read some of it just after the hearing—there was perhaps a dozen lines—I cannot say whether that was before or after the stranger saw me—I will not swear it was not afterwards—I have spoken to Constantine about this, because he has asked me questions—I never asked him about the publication in the paper—I do not recollect his saying a word about it—I might have forgotten—I do not keep such things in my head—I have seen him since last Sessions, but not called on him—he asked me about it the last day of the Sessions—I have not seen a paragraph in the paper since last Sessions—I have been told there was one—I do not know who told me—Constantine did not mention it to me—I cannot say he did not—I do not recollect it.
JAMES BENNETT . I am in Mr. Couldery's employ. On Tuesday, the 24th of September, I went to Mrs. Cousins's house, and in consequence of what I was told there I came back to my master's, between two and three o'clock in the afternoon—I went to the prisoner's premises round the back way—I saw two sheepskins lying on some faggots—I believe the woolly part was down—I could not see much of them—I saw the skins again on Wednesday, between eleven and twelve o'clock, in the same place—I went back and told my master, and then went to the prisoner's—I asked if he had two strange sheep—if be had fetched two from Mrs. Cousins's—he said he bad fetched two from Mrs. Cousins's, but they were his own—I asked him to let me look at the two skins on the faggots—he said no, he would see me d—d first—I went and told my master, who went down and then came up and fetched me—the prisoner said, "Perhaps you can show me where the skins were lying?"—I said, "Certainly I could"—I went and showed him the place, and Mrs. Waterhouse came out and said it was a pity Mr. Couldery should keep such an abominable young liar as me.
Cross-examined. Q. Have you not stated that it was on a Tuesday you went to look for the sheep, and saw the prisoner bring his horse and cart into Mrs. Cousins's gate? A. Yes—but I recollected afterwards that it was on Monday—my master said it was Monday, and then I said Monday—it was my mistake—the faggots were in a situation in which his neighbours on either side could see them from their windows—I never saw the other side of the skins.
GEORGE DORSETT (police-constable R 94.) On Wednesday, the 25th of September, I went to the prisoner's house and searched there, but did not find any thing—I saw the prisoner a little after four o'clock that afternoon, in Trafalgar-road, going towards home, on horseback—I had been to his house about half-past two o'clock—I told him I had been to his house respecting the two sheep of Mr. Couldery's, and Mr. Couldery had given him into custody on suspicion of stealing them—he said, "Ah, does he mean that? I may as well dismount and go with you," which he did, and went with me to the station-house—he said, going along, that he had fetched two sheep from Mrs. Cousins's garden—I said he was my prisoner, and whatever he stated to me I was bound to tell the Magistrate—he then said, "Three months ago I had five sheep, I killed three, and lost the remaining two—the two I lost were wethers—having heard that two sheep were in Mrs. Cousin's garden, I went and looked at them, and found they were not mine—I came home, and had some conversation with my wife, and she said, 'For God's sake, have nothing to do with the sheep, you will get into trouble'—I said I would not—my wife soon afterwards went up stairs—I then put my horse to the cart, and went to Mrs. Cousins, fetched the sheep, brought them home, and put them into my slaughter-house—I had them there about ten minutes in the slaughter-house—I then turned them up—I found they were two ewes—knowing they could not be mine, I then opened the door leading into the street, shook my apron, and turned them out—no one saw me torn them out into the street, and my wife never knew that I brought them home"—he said, he believed them to be Mr. Couldery's sheep, but being on bad terms, he would not acquaint him of it—he said he had not killed a sheep on his premises for two months—I saw two sheep in his' shop on Wednesday, which appeared to have been killed within a day or two—I could not see any appearance of sheep having been slaughtered there—they were two whole carcasses, without the heads, the legs were on—the prosecutor was with me at the time, and he said one of the legs appeared short legs, but I could not see any difference—the prisoner said he had bought two carcasses of mutton on the day previous the (Tuesday) in Whitechapel, and one of Mr. Co veil, of Broadway, Deptford, which was hanging in the shop with one of the two he bought in Whitechapel—I found several joints of mutton besides the two carcasses—I am positive he said he bought them on Tuesday.
Cross-examined. Q. Did Mr. Covell's man appear before the Magistrate, and prove the fact of his buying the sheep of him? A. Yes—the Magistrate did not bind him over—he identified one of the sheep—I did not hear the Magistrate asked to bind him over—the prisoner did not say he fetched the two sheep, thinking they were his—yes, he did say he thought they were his—I examined his premises two or three times to see if I could discover whether any sheep had been killed there, but could see no trace of any—I examined his clothes on the Tuesday, and the stable—there was no slaughter-house, except the stable.
MR. PAYNE. Q. Was there time to clear any thing off the premises between Monday and Wednesday? A. I should say they might clear every thing away.
EDWARD SWEETLOVE . I am servant to Mr. Price, a butcher, at Greenwich-market. On Monday evening, the 23rd of September, about nine o'clock, the prisoner came and asked me to mind his shop while he killed
one or two sheep—I went about half-an-hour after, and staid there about an hour—he sent me into the back kitchen to pick a chicken—there was no light there—he told me if there was not light enough, I was to poke the fire to make a blaze—he came in about an hour afterwards, and shut up the shop—he gave me 2d., and sent me home—he was dressed the same as when he went out—I did not notice any appearance of his having slaughtered sheep.
Cross-examined. Q. You went through the shop to go to the kitchen? A. Yes—there were no sheep in the shop—I did not observe where he went—I did not see him take any light out—I went away about ten or a quarter past ten o'clock.—I saw no sheep hanging in the shop before I left—I must have seen them if there had been any—I noticed the shop and saw two or three little bits of mutton hanging about—I am not sure about the time—I know it was about nine o'clock when became and asked me, and half an hour after I went.
JOHN BRASTED WILSMORE (police-constable R 68.) I was on duty on Monday, the 23rd of September, in Trafalgar-road, and close upon eight o'clock, I saw two sheep fresh killed hanging up in the prisoner's shop—I said, he had some decentish mutton there—he said, he had—I served my time to a butcher.
Cross-examined. Q. How do you happen to know it was between seven and eight o'clock? A. Because I was on duty—I left duty a little after nine o'clock, it might be a quarter after, I am sure it was not half-past—it was before the shop was shut that I spoke to him—I was not near the shop after eight o'clock—I am sure this was on Monday.
COURT. Q. Do you think mutton that was particularly scoured and dirty before killed, would have been of such a quality when killed as to induce you to remark upon its good quality? A. Yes, unless it was rotten—scouring is a bowel complaint, it does not affect their health—it would look just as well.
JAMES BENNETT , re-examined. I saw two sheep in the prisoner's shop on the Monday evening, from six to seven o'clock—they were bleeding quite fresh out of the nose, as if fresh killed—this is my deposition, (looking at it.)—The witness's deposition being read, stated," On Monday evening, between six and seven o'clock, I saw one sheep hanging out of the prisoner's shop, it appeared to be just killed/—it was bleeding at the nose."
Before Mr. Justice Bosanquet
236. RICHARD ROBERTS, alias John St. John , was indicted for burglariously breaking and entering the dwelling-house of Henry Moody, about the hour of twelve in the night of the 17th of October, at Woolwich, with intent to steal, and stealing therein, 1 watch, value 10l.; 1 watch chain, value 3l. 10s.; 3 seals, value 6l.; 2 watch-keys, value 5s.; 1 scentbox, value 1s.; 30 pence, and 20 halfpence, his property.
HENRY MOODY . I am a baker, and live in Samuel street, Woolwich, in the parish of St. Mary, Woolwich. I have known the prisoner about eight years—his father lives about fourteen doors from my house—the side of my house forms the end of Henry-street where he lives—on the 17th of October I went to bed at a quarter past ten o'clock, and left my wife up—I had fastened every thing but the front door—I left my wife undressing the infant, with her mother by the fire—she came to bed after
me—when I came down in the morning at a quarter before 7 o'clock, I found the front door fast and the kitchen window thown up—I had fastened it the night before—there was a box of lucifer matches on the table—I went into the back yard—nobody could get to the window without getting over the wall, the house being surrounded by a high wall—I saw an entrance was made by taking ten tiles off the hay-loft, which were safe the night before—the woodwork the tiles rested on was taken away and the parties had then got down to the kitchen window—I then returned into the house and found the till open which I had locked the night before—you could get from the kitchen into the shop—I missed about 30 pence and 20 halfpence from the till—I then went into the parlour and found a work-box emptied, I missed a silver scent-box—a tea-caddy was also emptied—a cupboard was open where I keep papers, but nothing taken from it—I went up stairs and on the mat of the bed-room where I had slept, I found a candlestick and a small bit of candle standing on the mat, that had been left on the mantle-shelf the night before—the candle did not belong to the house, but the candlestick did—I went into my bed-room, and missed from a hook on the right band side of the fire-place, a gold watch, a gold chain, three seals, a gold key, and a metal key—I had used the metal key for winding it up—it was not attached to the watch—I had heard no noise in the course of the night—my wife and two children were asleep in the same room with me that night—I have seen the watch since—the maker's name is Desbois Wheeler.
Cross-examined by MR. BALLANTINE. Q. Where did your wife's mother sleep? A. She slept in a room cm the same landing—I was the first that went down in the morning—I am certain I fastened the kitchen window over night—I remember it particularly—it fastens with a wedge in the side—it had been forced up from the outside—the window could be broken without breaking the wedge—there were no shutters to it—the wedge prevents its being opened without force—I have known the prisoner about eight years—his name is John St. John Bain—a person named Lindsey was apprehended from the prisoner's statement—I know nothing about him—he is a year or two older than the prisoner—I do not think the entrance could be effected by one person alone—Lindsay has been twice before the Magistrate, and was discharged—he was bailed on his own recognizance, and he appeared each time.
HENRY DALE . I live with my father and mother, in Plumstead-place: I go to sea—I came home about three weeks before this happened—I went to school with the prisoner five years ago—I saw him on Tuesday night, the 22nd of October—he went to London with me—between seven and eight o'clock at night I met him on Britannia-hill, Woolwich—he asked me if I would let him go to London with me, as heheard I was going to the West India Docks—I left him then—I met him again in the morning (Wednesday) about twenty minutes to. nine o'clock—he asked me if I was going to London—I said Idid not mean to go to-day, but I did not wish to make a fool of him, and so I went to London with him—when we got to Charlton turnpike, he said he should pawn his ticker—I asked him to show me what his ticker was—he took a watch out of his waistcoat pocket, with a gold chain, three seals, and two keys, and gave it in my hand to look at—I said, did he think I was a fool because I said it was not a gold watch—I said I never had one in my band before—he put it in his waistcoat pocket again—he said he had saved up 20l. while he lived at Charlton turnpike, and gave 15l. for
a gold watch—I said, "You mean you must have stolen the money"—he said he used to sit up at night at the turnpike, and his master used to be a-bed, and that was how he saved the money—he took the watch three times out of his pocket to see the time along the road, and when we got to the London Docks he again said he should pawn his ticker—he pulled it out of his pocket, looked what o'clock it was, and said it was five minutes after twelve o'clock—he said he knew what time it was because he began to get hungry, and that was his dinner hour—we walked round the West India Docks—we came out—he took the chain off and the three seals, put a black ribbon round it and the brass key, put the ribbon round his neck, and the watch in his right-hand waistcoat pocket, and let the key hang outside—I walked on with him—he took it off his neck when we got near a pawnbroker's shop, and said he would go in there with it—I told him he had better come home and go to his father, and he did not go in—I asked him what his father would say if he did pawn it—he said, d—n his father—we went on and he asked me to pawn it for him—I said if it was his be had better do it himself—he asked me to change clothes with him, and said then he would take it in himself, if I would not go with it—he went into a pawnbroker's shop—I left him there and went straight home—I did not hear of the robbery until I got home—when I went borne I told my father and mother—I then heard about the robbery, and informed Mr. Moody.
JOHN WILLIAM FRYETT . I am a pawnbroker, and live in High-street, Shad well. The prisoner came to my shop about one o'clock on Wednesday, the 23rd of October—he laid a gold watch on the counter, and wanted 2l. on it—I saw it was gold, and asked him who it belonged to—he said to his father, that his father had sent him to pawn it—I inquired his name and his father's—he said his name was Henry Roberts, and he lived at No. 6, Love-lane—I sent a person to inquire if it was true—the lad came back with the policeman—I gave the watch to him, with a black ribbon to it and a metal key—I gave him in charge of the policeman—the watch, chain, and seals are worth about twelve guineas.
WILLIAM PLOWRITE . I am a policeman. I went with the lad to the pawnbroker's, and found the prisoner there—I asked him if he had offered the watch to pledge—he said yes—I asked him how he got it—he said his father sent him from No. 6, Love-lane, to get 2l. on it—I asked him what his father was—he said he was a cabinet-maker—I took him to No. 6, Live-lane—he said that was not the house nor the place at all—I asked where it was—he said he did not know, for he was a stranger in London—I took him into custody—in going to the station-house he said his father died eight years ago, and left him the watch—that he was ten years old when his father died, and had had the watch ever since—I searched him, and found this gold chain, three seals, and a key. The prisoner's examination was read over to him, but he was not asked to sign it.
Cross-examined. Q. Was it a watch you had in use? A. No—I had not used it for a month previous, perhaps, but I had wound it up the night before—I mean I had not worn it in my pocket—the wall is about sixteen feet high—there are some steps by which a person might be shoved up to get on the stable—the street door was standing open when I went to bed—it was not even shut to—if a person had broken out instead of breaking
in, he would not hare had to make the opening in the stable, as the wall is lower, close to the kitchen window, and he could have got through.
GUILTY Aged 18.— Transported for Ten Years.
Before Mr. Baron Parke.
WILLIAM EVERALL . I am employed on the London and Greenwich railway, and live in Charles-street, Deptford. I keep rabbits, and lost two a little before two o'clock on the 25th of October—I had seen them the night before—my garden meets the gardens of the houses in Waterlooplace.
WILLIAM MURRAY . I am a policeman. I was on duty at Deptford in the New Cross-road on the 25th of October—I met the prisoner at ten minutes after one o'clock at night—there was something apparently alive in his arms—I stopped him, asked him what he had got, and a live rabbit fell from the front of his shirt—he had another in his arm—I took them both in my charge—I asked him how he got them—he said, "They are mine, I bought them at Chatham"—he was four houses from Waterlooplace—I took him to the station-house—I afterwards went into the garden of one of the houses behind Charles-street, and saw marks of naked feet in the garden of No. 8, and also in the prosecutor's garden—the prisoner had no shoes on when I met him—I compared the length and breadth of the footmarks in the prosecutor's garden, and it corresponded with his feet.
(Property produced and sworn to.)
238. EDMUND LEFEVRE was again indicted for stealing, on the 25th of October, 1 shin, value 6d.; 15 caps, value 5s.; 8 shirts, value 2s.; 3 handkerchiefs, value 9d.; 1 pair of stockings, value 6d.; 1 curtain, value 3d.; 2 rollers, value 2d.; and 5 yards of net, value 3d.; the goods of John Trapp.
WILLIAM SMITH . I am a policeman. When the prisoner's cap fell off I took it up, and found this shift in it, wet—I asked him where he brought it from—he said, from Chatham, where be brought the rabbits from.
GUILTY Aged 31.— Transported for Seven Years.
Before Mr. Recorder.
some shipmates, a little after ten o'clock—the prisoner came in in about half an hour, and after some time I asked her to drink—she followed me when I went out, and I took her to a house and had a pot of beer—we were there about three quarters of an hour—I walked with her afterwards, and went to a room with her in Rose-street—a woman came out of the house there, and drove us away, and then the prisoner caught hold of the ribbon of my watch, hustled it out, and ran away—I ran after her, but could not see her—I went back to the house with a policeman and found her—she took the watch out of her bosom and dropped it down at her feet—the policeman took her in charge—I am sure she took it from my fob.
Prisoner. The watch fell while * * * * * Witness. It is not true—nothing of the sort took place—the watch was never out of my fob till she took it.
JOSEPH HOLLOWAY (police-constable R 197.) The prosecutor told me of his loss—I went with him to a house which he pointed out, and found the prisoner there—he said, "That is the one who stole my watch"—she said, "No, I never stole your watch, and I know nothing about it"—at the same time she put her hand into her bosom and took something from it—I made towards her, and she dropped the watch on the floor—I said, "You must go with me"—she said, "No, you have got what you want, you have nothing more to do with me—I have nothing more of his."
(Property produced and sworn to.)
Prisoner. It is my first offence.
GUILTY Aged 32.— Transported for Ten Years.
Before Mr. Sergeant Arabin.
JAMES BARROW PALMER . I am a salt merchant, and live in Lower Thames-street. The prisoner was a servant of Mr. Worthington, who contracted to do my work—on the 21st of November he was entrusted with several parcels of salt to take to different customers, and until the night before last I believed it was one of those parcels that was stolen—but I find that to be a mistake—the salt found upon him was not to be delivered to any one—it was put into the cart without my knowledge—I only know this from his having it in my cart, and having no other property in the cart but what was mine—it is impossible to swear to salt.
BENJAMIN LOVELL . I am a policeman. I was on duty between eight and nine o'clock on the 21st of November, and saw the prisoner with the cart standing at the end of Mill-lane, Deptford, in company with a man named Turner, who I knew—I placed myself by the side of a wall—I saw Turner go down Church-lane to Woolf's shop—he then returned and the prisoner took the horse and cart down to Woolf's—he delivered the salt there—I followed him, and asked him if he had been delivering salt—he said yes, he had, for his mother—I took him to the station-house—he then said he had been to Woolwich, for Mr. Palmer, of Thames-street.
allowed, but not to the carman—we generally give over-weight to customers, and if so, the men take it.
FREDERICK WOOLF . I bought half a hundred weight of salt of the prisoner for a shilling, which is the wholesale price—he represented that he was a hawker of salt—that he had been from London with a load that day, he had only half a hundred-weight left, and he should feel obliged if I would take it of him, as he did not want to drag it back to London—he brought it to my door with another person, and unloaded it on a form op-posite the door, where it remained till Lovell came up and said it was stolen.
Before Mr. Baron Parke.
241. SAMUEL BRITCHER was indicted for a robbery on Joseph Cooper, on the 24th of November, putting him in fear, and taking from his person and against his will, 1 shilling, 1 penny, and 2 halfpence, his monies.
JOSEPH COOPER . I am a labourer, in the employ of Mr. Walker, a horse-dealer at Birmingham. On Sunday, November 24th, I was at the Roebuck public-house at Lewisham—I had been taking some horses for my master—I saw the prisoner there—we were in the tap-room together for about half or three-quarters of an hour—he asked if I was not the young man that went up with the young man named Bromney with some colts—I said I was, and asked him if I was likely to get a bed at that house to-night—he went and inquired, and said it was full—I said, "Then I must go on to Hampstead, I have to be at the fair on Monday"—he said he was going that way, and would show me the way—I set out with him, in company with three women and another man, about nine o'clock—as we went along, instead of taking me the direct road, he brought me along the canal side—the man and women went with me, and when we got about twenty yards along the canal side, I said he was taking me the wrong way, and turned to go back, but he flung his left arm round my waist, pressed his right hand on my right arm, put his hand in my left breeches-pocket, and took out one shilling and two-pence—I caught hold of his hand, and told him he had robbed me—he said, "Robbed you! I have done no such thing," and he rushed his hand towards the woman's hand—I said, "I will go and fetch a policeman"—the woman said immediately, "What does he say you have done?"—he said, "He says, I have robbed him" he said, "If you say that again, I will throw you into the river," and the woman said, "Throw him in"—I said no more, but bade him good night, went along the railing, and turned to the left—I walked fast, and then ran—they did not follow me—I overtook three men, and asked if there was a policeman about—they said there was none in the parish, but I turned back and met Lonergan right opposite the road that leads to the canal, and about a hundred yards from where I was robbed—I pointed out the spot where I was robbed to him—he got assist-ance from the station-house, and we went to several houses, but could not find the prisoner, but as we came back we met him and one of the women coming round the paling—I pointed him out, and he caught hold of him.
Cross-examined by MR. PAYNE. Q. What had you been about that Sunday evening? A. I was coming down from Sevenoaks—I had been taking some horses down, and as I was coming back I went into the public-house—I drank with them there, and tossed for a quartern of gin and a pennyworth of tobacco—I was quite sober—I did not attempt to takeliberties
with any of the women—I had only been engaged by my master a few days before at the fair—I cannot say how far I found the prisoner from where I was robbed—I was a stranger to the place—I was turning round the palings to go to Deptford—the house is the Roebuck at Lewisham—there were three women of the prisoner's party, but no one else interfered with me, neither the man nor the women—he left a halfpenny in my pocket—I had no mark on the shilling.
DANIEL LONERGAN . I am a watchman of Lewisham. On Sunday night last I was on duty near the Plough public-house—the prosecutor came and gave me information—we went to different public-houses, and met the prisoner with a woman—I took him into custody—the woman ran away directly—I found a key and one shilling oh him—he gave me the shilling.
Cross-examined. Q. How far did you find the prisoner from the Roe-buck public-house? A. About a quarter of a mile—the Roebuck is not in the high road—the Duke of York public-house is at Greenwich, be-tween the Roebuck and where I found him—I do not know where he lives—the George public-house is near the Duke of York—the prisoner gave me the shilling—I did not know him.
COURT. Q. Is there any paling near the canal? A. Yes—I was pre-sent when the prisoner was examined—I know the Magistrate's writing—this is his writing—(looking at it)—I do not know whether the prisoner was asked to sign it—it was read over to him, and signed by the Magistrate afterwards—(read)—"The prisoner says I met with the lad, and a woman came and asked me to walk to Deptford—the woman and the young man were having a little conversation by the paling—I went up, and he said I had robbed him."
JOSEPH COOPER re-examined. I dare say I was a hundred yards from the public-house when I was robbed—the woman asked me about the country, and one thing and another—if I had called out I do not think I could have been heard at the public-house—I bid the prisoner good night because he said he would throw me into the water—the first person I met was about forty yards off.
MR. PAYNE called
— COLE. I keep the Duke of York public-house, at Greenwich. I have known the prisoner three weeks—on Sunday night, the 24th of No-vember, at a quarter before eleven o'clock, he borrowed 1s. of me—he has been ostler at the George public-house three or four years.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Twelve Months.
Before Mr. Recorder.
ROBERT WEBB . I am a clothier, and live in Flagon-row, Deptford. On the 2nd of November I saw the prisoner on the opposite side of the way to my shop, and shortly afterwards missed a pair of trowsers from within the doorway—it was about a quarter to seven o'clock.
JOSEPH FANSHON . I am an apprentice to Mr. Durham, pawnbroker, New King-street. On the 2nd of November, between six and seven o'clock, the prisoner pawned a pair of trowsers in the name of John Red-don for 6s.—I have not a doubt of him.
(Property produced and sworn to.)
Prisoner's Defence. I never had them, and never saw them—any body might give my name.
GUILTY Aged 18.— Confined Three Months.
ROSIN A MAHONEY . I am the daughter of Rebecca Mahoney, and live in Queen's-court, Deptford. On the 2nd of November, in the forenoon, I went into the shop of Mr. Greenley, pawnbroker, Broomfield-place, and saw Davis standing by the window with another woman—I did not know it was Cannon—Davis said to me, "It is a wet morning," Miss—I did not know her before—as I was going into the shop I saw her with the gown in her hand, and as I walked through the passage I saw her take it off the rails by the shop door—she held it up, and put it under her apron—the other wo-man was close to her, and could see what she did—while I was gone to tell the prosecutor, they both walked away with the gown—I told the shopman, and he went to look for them.
Davis. When the Magistrate spoke to her she turned round several times to her mother, and said, "Do I say right?" and she said, "Yes." Witness. I do not recollect any thing of the kind.
THOMAS JAMES CAVANNAH . I am shopman to Mr. Francis Lam-burn Greenley, a pawnbroker. Mahoney informed me of this—I went to the door, and saw a female running—I pursued—she ran into a gateway, and closed the door after her—I pushed it open, and found both the prisoners—I laid hold of Cannon first—Davis was standing behind the door, and the gown laying by her side inside—I am sure the girl I saw run-ning entered the door, but I did not know who it was—when I laid hold of Cannon she said, "I have not got it," and pointed to the gown, which was by the side of Davis.
Davis. He is saying quite false; I never said such a word. (Property produced and sworn to.)
CANNON— NOT GUILTY
DAVIS*— GUILTY Aged 17.— Confined Six Months.
Before Mr. Sergeant Arabin.
244. WILLIAM EMMERSON and JOHN FREDERICK were indicted for stealing, on the 24th of November, 1 dish, value 6d.; 2 lbs. weight of beef, value 1s. 8d.; and 1 lb. weight of mutton, value 8d.; the goods of Frederick Woolfe; and that Emmerson had been previously convicted of felony.
SARAH WOOLFE . I am the wife of Frederick Woolfe, a butcher in Church-street, Deptford. On the 24th of November, about nine o'clock in the evening, I was coming out of the back parlour into the shop, and observed Emmerson take a dish off the counter, containing some cooked meat—the other prisoner stood outside the window—I called my husband
and pointed them out going down the street together—I missed a piece of beef and other meat.
Cross-examined by MR. HORRY. Q. Did you give an alarm? A. Immediately to my husband, who was in the back parlour.
Emmersons Defence. I was coming out of a public-house, and heard somebody call, "Stop thief"—the prosecutor came up and said I had stolen the meat—somebody came up and said I had not stolen it, but some other young man—he then went and caught hold of Frederick, and kicked and illused him tremendously.
EMMERSON— GUILTY Aged 17.— Transported for Seven Years.
FREDERICK— NOT GUILTY
MR. CHAMBERS, on the part of the prosecution, declined offering any evidence against Elliott, who was acquitted.
WILLIAM GEORGE OSBORNE (police-sergeant R 13.) I was on duty at Greenwich, about eleven o'clock, on the night of the 26th of October, and saw Coombs in Church-street, very drunk indeed—when he saw me, he said, "Down with the b——police; I will kill all the b—b——"—I told him to go home quietly—he directly kicked me on the left side of my thigh—I took him into custody—Baker, another constable, came up, and he also kicked him—a great crowd collected—Harding, another constable, came up, and he kicked and assaulted him likewise—a general riot then took place—between 200 and 300 persons assembled—the prisoner Broad came up and said, "Take him away"—they were hustling round the constables, and taking their numbers—I saw Broad with something in his hand like a pencil and paper, but the place was so dark I could not exactly see what it was—when he said "Take him away," Coombs was on the ground, and I was pinned up against the wall—I and Baker had Coombs in custody, but the crowd sur-rounded us so much we could not take him away—he was taken out of my custody twice; but I retook him, and he was taken on the stretcher to the station-house—I lost my hat in the row, and recovered it on Monday morning—this is it—(producing a broken hat)—besides being kicked by Coombs, I was struck by other persons behind, I cannot say who—some of the crowd said, "Down with them," and words to that effect; and some, "Give it them, Deptford" alluding to the row at Deptford, where the policeman was killed.
Cross-examined by MR. PAYNE. Q. Where was it you first saw Coombs? A. In Church-street—I saw him come out of a doctor's shop in Nelson-street and go down Church-street—he was calling out against the police—I do not know that he lived in Bridge-street—he was an utter stranger to me—I did not inquire where he lived—he was very drunk—he was bleeding
very much from the lip and mouth—after I retook him I threw him down on the ground, and he laid there till I got him on the stretcher—I cannot say whether his clothes were much injured—they were dirty from his rolling in the mud—I did not examine to see whether they were torn—when before the Magistrate, he said he was very sorry—I believe he is a sailor—I went into the doctor's shop, and was told he had been struck down by another policeman, before, on the same night, and that was what he was in the doctor's shop being dressed for.
WILLIAM HARDING . I am a policeman. I came up. when Osborne was trying to take Coombs, who was on the ground, kicking and struggling to get away—he kicked me very violently in the legs two or three times, and once in the * * * which caused blood to run for three days afterwards, and I was obliged to lay still eight nights—Broad came up while I had Coombs against the wall, and said, "I shall take your number"—he took me by the collar, and said, "Take the prisoner away, "several times—I said he had better go home, and not interfere with us, or I should take him into custody—he said nothing more than "Take the prisoner away"—I was thrown down in the road and jumped upon, and a female dragged me across the road by the hair of my head—my hat got broken, and I was smothered with mud—the mob consisted of two or three hundred.
Cross-examined. Q. It was Saturday night, was it not? A. Yes—there were a good many people about, going to market—one rattle was sprung at the commencement, none after—I was not present at the begin-ning—when I first went up there were upwards of three hundred people there—I cannot say whether Coombs was on the ground or not—there was such a struggle and confusion—I fell with him, he undermost—I heard him say, "Don't let me go away—don't lei the barbarous bs take me away"—he was the worse for liquor—I saw Broad first at the corner of a shoemaker's shop in Broad-street, and told him to go away several times.
Broad. Q. You know me? A. Yes—I have known you for the last three months—I never saw you in any disturbance before—you did not go away—you were there from the first to the last of it.
GEORGE BAKER . I am a policeman. I came up and saw Coombs—when he saw me he said, "Here is another coming—if I had a knife, I would stick him"—I requested him to go home—he kicked me inside my thigh two or three times, and on the hip, and struck me on the nose, and made it bleed—Broad came and took hold of my collar, and said he should take the prisoner away from us—I said the prisoner was in our custody, if he had any thing to say in his behalf he had better leave the mob, and go down to the station-house with him—I did not see him do any thing else—Harding was taken away from the prisoner—taken into the road, and knocked down, and they said, "Keep him down. "
Cross-examined. Q. Was Coombs bleeding at all? A. Yes.
GEORGE HARRIS . I am a policeman. I came up while the police were attempting to take Coombs to the station-house—directly I came up he kicked me, and struck me right and left with his fist—a man had him round the waist, trying to get him away—that man said, "You b—murdering b——s, you shan't take him"—there was a large crowd—they were hissing and hooting, and calling out, "Don't let him go"—I said, "If you intend to ill-treat us, we will not ill-treat you—I will go for the stretcher"—I went to the College for the stretcher, and returned in about
a quarter of an hour—I found Coombs about one hundred yards from where I had left him, lying on the pavement at the corner of Lamb-lane, and Broad standing by—I was again struck by Coombs while putting him on the stretcher.
Cross-examined. Q. Was not his address given as Bridge-street?
A. I do not know—I only went part of the way to the station-house—another constable relieved me—the address he gave before the Magistrate was, "Charles Coombs, Bridge-street, sailor"—Lamb-lane is a little way down Bridge-street.
MR. CHAMBERS. Q. Why did you put him on the stretcher? A. Because he was so violent—he would not walk—he was scrapped on in the usual way in which we take drunken men to the station-house.
Broad. Q. Where did you see me? A. At the corner of Lamb-lane—you were not doing any thing at that time—you have always been a sober, industrious, hard-working young man, from what I have known of you—I never saw you in any thing of the kind before.
(The prisoner Broad put in a written defence, in which he disclaimed all interference with the police; and stated that, upon returning home on the night in question, he saw Coombs, whom he had never before seen, lying on the ground bleeding, and a woman, who was stated to be his mother, leaning over him. He merely stooped to tell him to go home, and upon rising up for the first time saw a policeman standing near him, who told him to be off about his business. He then got out of the crowd, and waited at the corner of Lamb-lane, when he was taken into custody. He denied taking the number of any of the police, and declared he had neither paper nor pencil with him at the time.)
COOMBS— GUILTY .—Of an Assault only.— Confined One Year.
BROAD— GUILTY .—Recommended to mercy.— Confined Three Months.
246. GEORGE HOLT was indicted for stealing, on the 12th of No-vember, 1 pewter pot, value 6d., the goods of a man unknown: also, on the 11th of November, 25lbs. weight of cheese, value 15s., the goods of James Gray; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 20.— Transported for Seven Years.
Before Mr. Common Sergeant.
GUILTY . Aged 19.— Confined Three Months.
Prisoner. I tent for It., to get me a dinner—it did not come, and I pawned the trowel, intending to redeem it—I have five small children.
GUILTY . Aged 36.—Recommended to mercy.— Confined Six Days.
WILLIAM COPPARD BANKS . I am a builder, and live at Lewisham; the prisoner was, employed by me as a carpenter. On the 24th or 26th of October I lost six deal boards, I believe this to be one of them—they are what we pall a two-inch deal, by which I can identify them—it is a sort, we do not always get in the market—I do-not hesitate to say these are mine.
Cross-examined by MR. PAYNE. Q. When did yon miss them? A. On a Saturday—I had seen them safe the same day—there is no particular mark on them—they are one-inch boards since they have been cut, but they were two-inch—the prisoner had no right to do any work for himself—he gave bail, and has surrendered.
ANNE ROLFE . I am in the prosecutor's service. On Saturday, about half-past eleven o'clock, I was coming out of a grocer's shop, two or three doors from my master's, and saw the prisoner come out of my master's with five or six of these sort of deal boards on his shoulder.
GEORGE BARTON . I am a constable, I took the prisoner—he said he had taken the deals to make a chest of drawers with—that they were at his house, and he intended to pay his master for them that night.
(The prisoner received a good character.)
GUILTY .—Recommended to mercy.— Confined One Month.
Before Mr. Sergeant Arabin.
250. WILLIAM CHANDLER and JAMES KENNEDY were indicted for stealing, on the 21st of November, 1 plane, value 3s., and 1 square, value 1s.; the goods of Henry Wade Smith; and that Chandler had been before convicted of felony: to which Chandler pleaded
GUILTY . Aged 11.— Transported for Seven Years—Convict Ship.
JAMES HAIRSINE . I am a policeman. I met the prisoners on the 21st of November, in Old Kent-road, at half-past six o'clock—Chandler appeared bulky—I asked what he had got, and be produced a plane—I asked if he had any thing else, and he produced a square—he said he was a carpenter, looking for work.
KENNEDY— NOT GUILTY .
251. MARY SMITH and MARY ANN SMITH were indicted for stealing, on the 23rd of November, 1 handkerchief, value 3d.; 1 bag, value 1d.; 5 half-crowns, 2 shillings, and 1 sixpence; the property of John Reid, from his person.
JOHN REID . I am a sailor in the coal-trade. I was in company with the prisoners and another woman at Deptford on the 23rd of November—I was rather the worse for liquor—I had a leather bag in my left hand trowsers' pocket, which had in it the money stated—I missed it in the street, and charged the prisoners with having robbed me—I had been
drinking with them just before at a public-house—this is my bag, which I lost—I had a handkerchief also taken out of my pocket.
JOHN EVANS (police-constable R 190.) I was on duty in High-street, Deptford—I was passing the end of Dowling-street—I heard a number of persons talking—I listened, and went down—I saw the prosecutor holding Mary Smith by the hand—he said she had robbed him of a bag with 15s. in it—I took her—she got from me and ran, but I caught her—she got one of her hands from me, took something from her bosom, and dropped it—I sent for a candle, and picked up this purse with 15s. in it—I found this handkerchief on her at the station-house—there was nothing found on Mary Ann Smith—the prosecutor had been drinking, but knew what he was about.
CHRISTOPHER CHAPPELL . I saw the prisoners and another woman with the prosecutor—he accused one of them of robbing him—the other woman advised the prisoners to give it up, and one of them, I do not know which, said she would go to the light, and see what was in it—the other woman got away.
MARY SMITH— GUILTY . Aged 26.— Transported for Ten Years.
MARY ANN SMITH— NOT GUILTY .
Before Mr. Recorder.
MARY REBECCA RICHARDS . I am cook in the service of Mr. John Drake Finch, he lives in South-place, Greenwich. On the 26th of No-vember I was sweeping the area steps, and heard a noise at the pantry window—I afterwards heard a noise again, as of silver rattling, and then the window shut down—I then saw the prisoner outside the gate, as if he had just gone out—he held his hand up to me, as if he had something to sell, but I could not see what was in it—the gate he came out at leads to the kitchen as well as to the pantry—it is the house maid's business to look after the plate, and she is not here—I had put the toast-rack in the pantry a very little while before, and missed it the next day.
NOT GUILTY .
GUILTY .— Confined Twelve Months.
Before. Mr. Sergeant Arabin.
JAMES GOODMAN . I am carter to George Graham, who lives at Bexley, in Kent. Last Monday I carried a quarter of a load of hay to Mr. Worth, of Greenwich—I was there about a quarter before five o'clock in the morning—I unloaded the nine trusses, and put it against the loft-door—I then loaded the wagon with dung—about a quarter before six o'clock, when I went to put the hay into the loft, I missed one truss—I traced it along a passage to a stable in a little court, and it had been put over a fence—I called a policeman—he also traced it to the stable-door—the door was locked—I stood by till the prisoner came home about eleven o'clock—the policeman asked him for the key of the stable-door—he
opened the door, and there wag my hay, and some other hay on it—the prisoner's horse stood in that stable.
Cross-examined by MR. CHAMBERS. Q. Your hay was tied up with straw bands, was it not? A. Yes—I did not find any straw in the stable—the prisoner said he had bought some hay of Mr. Wybourne.