CENTRAL CRIMINAL COURT.
SECOND SESSION, HELD DECEMBER 16TH, 1839.
MINUTES OF EVIDENCE,
Taken in Short-Hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
THE WHOLE PROCEEDINGS
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GOAL 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, December 16th, 1839, and following Days.
Before the Right Honourable Sir CHAPMAN MARSHALL , Knt., LORD MAYOR of the City of London; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Common Pleas: Sir Robert Matthew Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer; William Venables, Esq.; Sir John Key, Bart.; and Thomas Kelly, Esq. Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Pirie, Esq.; Thomas Wood, Esq.; John Lainson, Esq.; James White, Esq.; John Humphrey, Esq.; William Magnay, 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. SECOND SESSION.
A star (*) denotes that prisoners hate 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, December 16th, 1839.
First Jury, before Mr. Recorder.
MR. BODKIN, on the part of the Prosecution, declined offering any evidence.
NOT GUILTY .
GUILTY . Aged 15.— Confined Three Months.
(The prisoner received a good character.)
GUILTY . Aged 14.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
MAGDALENE ERSKINE ROBERTSON . I am the wife of James Stewart Robertson, who keeps an hotel, in Little Brook-street, Hanover-square. The prisoner was our house-maid—she left on the 2nd of December—in November, in consequence of something that passed in reference to an old lady named Williams, from Bath, who lodged at car house, a servant of ours, named Hudson, was taken into custody, and made some statement, in consequence of which the prisoner was taken on the 9th of December, and the officer Fraser produced a cambric pocket-handkerchief to me—(looking at one)—this is it—it was missed about the 27th of November—I had not given it to the prisoner, nor was I aware she had it—it must have been taken from my room—she had to clean the rooms—she left at a week's notice, which is not usual—she gave as notice on account of our leaving the hotel—she did not wish to live with our successors.
there that night—she had three boxes, which I searched, and in one which was locked I found this handkerchief, in a reticule—I observed a mark on it, and asked If she knew it—she said, yes, it belonged to Mrs. Robertson—I asked how it came into her box—she said she did not know.
Prisoner's Defence. I did not know I had it till the Sunday after I left my place, when I was putting my things to rights to go to my new place—I found it among my clothes—it must have got among my dirty clothes, as I had them and the children's things to wash.
MRS. ROBERTSON re-examined. She had to wash her own things and the children's, but not mine—she lived with me eight months—I had a good character with her.
NOT GUILTY .
JAMES LAPWORTH . I am a carman, and live in Camomile-street, Bishopsgate. On Monday afternoon, the 2nd of December, a little after five o'clock, I was crossing Bishopsgate-street, and saw a horse and gig at Mr. Varty's door—I saw the prisoner take a Macintosh coat off the gig, walk along Bishopsgate, and give it to another man—I told a policeman, who followed and took them—I saw the prisoner in custody directly after—I am sure he is the one that took the coat.
Cross-examined by MR. PAYNE. Q. How near were you to the gig when the coat was taken? A. About twenty yards—it was rather duskish—I saw no one in the chaise—I had never seen the prisoner before.
STEPHEN QUESTED (City police-constable, No. 373.) In consequence of information from Lapworth, I went in pursuit of the prisoner and another—I overtook them at the bottom of Clark's-place, Camomile-street, about 150 yards from the gig, and took them—the prisoner was pointed out as the man that took the coat—I made sure of him, and the other got from me—I got the coat from him—the prisoner and he were in company.
Cross-examined. Q. Was the prisoner at all intoxicated? A. Not the least—he walked and spoke like a sober man—they went round one corner—-they might have got seven or eight yards up Clark's-place—I went up Camomile-street, and met them at the other entrance.
JAMES WILLIAM NICKELSON . I am a traveller. On Monday afternoon, the 2nd of December, I went to Mr. Varty, a linen-draper, in Bishopsgate, and left my horse and gig standing at the door, with my Macintosh in it—I saw it at the station-house about ten minutes after—this is it—(looking at it.)
Cross-examined. Q. Did you leave your gig in care of any body? A. Yes, of my brother—he is not here.
GUILTY .* Aged 20.— Transported for Seven Years.
WILLIAM OSBORN . I am an oilman, and live in Bear-street, Leicestersquare. The prisoner came to me on Monday night, the 9th of December, and asked if 1 bought wax pieces—I said I did—she said they were not exactly wax pieces, they were small wax candles, which a woman named Evans, in Earl's-court, had as a present made to her from a brother, who was a wax-chandler, for the children—she showed them to me—I said I
could not buy them, unless she would convince me that they were come properly by, and would the allow my shopman to go and see?—she went out with my shopman—they soon after returned, and inconsequence of what my shopman told me I gave her in charge—she had said, "If you do not like to buy them, give them to me again," but I detained them.
JOHN WESTACOTT . I am son-in-law and assistant to Samuel Childs, a wax-chandler, in Green-street, Leicester-square. The prisoner was employed there as char-woman occasionally—she was there on the 9th of December, and left about six o'clock in the evening—I believe these candles to be Mr. Child's—he makes such, and keeps a quantity in the counting-house cupboard—the prisoner had to scour the counting-house, but had no business at the cupboard—I found some candles at her lodgings, wrapped in paperwhich corresponds with the paper round the candles in the cupboard.
WILLIAM ROGERS . I am a policeman. I received charge of the prisoner on the 9th of December—next morning, in taking her to the office, we met Mr. Westacott; as soon as he came in sight she said, "It is all up with me now, I see the owner of the candles is coming"—she said she bad taken them out of a cupboard while she was charing there on Monday.
Prisoner's Defence. I did not tell him I had been there on the Monday—I said I was in the habit of going there on Mondays—I said, "I suppose you have found an owner for the candles"—he said, "No," and I said, "Yes, there is."
GUILTY . Aged 48.— Confined Six Months.
JAMES DEMPSEY . I live in Bow-yard, St. Giles's. On Sunday morning, the 8th of December, I went to bed in the house of a person named Hoy—the prisoner was in the same bed—I fastened the door insideearly in the morning, when I awoke, I observed he was gone, and the door open—I missed from my jacket pocket the money stated—it was safe when I went into the room the night before.
BRIDGET HOY . I am the wife of Daniel Hoy, and live in Bow-yard. The prisoner took a room of me, and was to have a bed to himself—Dempsey had lodged with me before, and I let him hare half of the prisoner's bed on this night—the prisoner left in the night without notice—he was to have stopped all the winter, but he only stopped four days—I afterwards met him in Broad-street, and asked him for the 4s. which he had taken from Dempsey—he was very civil at first, but got impudent afterwards, knocked me down in the mud, and ran away—I followed, got a policeman, and gave him in charge—he must have left between two and three o'clock in the morning, for Dempsey missed his money between five and six o'clock, and he was gone then.
Prisoner's Defence. I know nothing about it—it was six. o'clock when I got up.
GUILTY . Aged 18. Confined Three Months.
RICHARD RICHARDS . I am one of the firm of George Warner and others, in Rood-lane. The prisoner was our porter at two periods; for the first rather more than twelve months, for the latter about two years—about three o'clock in the afternoon of the 27th of November, my attention was drawn to a small packet of tea in the upper part of the warehouse—it was about half a pound, neatly done up, first in tea paper, and blue paper outside—I set somebody to watch it, and I watched the prisoner the rest of the day—I received information from a fellow-servant of his, who is not here, and when he returned to work, at seven o'clock, I gave him into custody—a small quantity of black tea was found on him in an old brown paper bag—there were several casks of tea open in the warehouse—I compared that found on him with that in the casks, and, in my opinion, it was the same tea—next morning I still found the blue parcel undisturbed where it was before—I opened it—it contained entirely different tea to that found on the prisoner, but it was similar to tea we have.
Cross-examined by MR. CHAMBERS. Q. Where was the chest which contained the tea like that found on him? A. Open in the warehouse—any body could put their hand in, and take some out—Thomas Withers is the person who gave me the information—he is also our porter, and has been so longer than the prisoner—I do not know of him and the prisoner having had any dispute—he left us on the first occasion of his own accord, I believe it was because he and the servants did not agree—he afterwards returned.
WILLIAM CLARK GREEN . I am warehouseman to the prosecutors. On the evening of the 27th of November, between seven and eight o'clock, I went, by Mr. Richards's directions, to a room in the upper floor of the tea-warehouse, where the parcel was deposited, and concealed myself behind some chests and a door—the prisoner came up alone while I was there—he passed by where I was, into a room beyond—he then came back, and stood a short time where the parcel was, and then left the premises without taking it away—I do not think his business could call him up there—he occasionally came up to shut up the loop-holes, but that evening they had been shut before he came up—there were empty casks and loose papers kept there.
Cross-examined. Q. Where were the loop-holes? A. In the floor where I was concealed—all the men put their coats into a cellar under the warehouse, and there they remain while they are at work—any body can get at them—I think there are eight men at work—the prisoner generally had his dinner on the premises.
COURT. Q. Did any body else come while you were concealed there? A. Two others—one to fetch a bag of paper, and the other for a candle—they did not know I was there—they did not come near the parcel—they went down immediately—I did not see the prisoner go to the loop-holes at all—I could not ascertain what he came for.
THOMAS WOODRUFF . I am a City-policeman. In consequence of information I waited at the prosecutor's warehouse-gate, and when the prisoner came out he was given into my custody—I took him to the station-house,
searched him, and found this packet of tea in his left-hand coat-pocket—he was very much affected about it, and cried very much.
NOT GUILTY .
RICHARD COLLINGS . I am a tailor, and five in Little Ormond-street, Queensquare. On the evening of the 16th of November the prisoner and another came to my shop—the other had a bag—the prisoner wanted to know the price of a black waistcoat, as his mother was dead, and he pointed to some crape on his hat—he wanted it by Monday, and asked what I should charge if he found the stuff—I told him, and be said be would call again on Monday morning—they then went away, and the prisoner carried the bag—the moment they were gone I missed my great coat, which bad been lying on a sofa all day—I went out directly and gave information to the police—I saw the coat three weeks after in Pocock's possession—this it—(looking at it)—the prisoner never came again.
Cross-examined by MR. PAYNE. Q. Was it the man who was with the prisoner that ordered the waistcoat? A. Yes, but the prisoner was more talkative than the other—I had never seen them before—my little girl opened the door to them—she could not swear to the prisoner before the Justice—she did not say he was not the person—the coat is my own make.
THOMAS POCOCK (police-sergeant F 13.) On Thursday evening, the 5th of December, I saw the prisoner, in company with another person—he had this coat on—I took him to the station-house, and told him the charge—he said it was his own coat, he had bought it for 1l., of a Jew, in Monmouth-street, who he met in the street, with a bag on his back—he could not tell who he was—I also found a coral necklace on him.
Cross-examined. Q. Was there a little girl before the Justice? A. There was, about the necklace—she could not identify the prisoner, it being dusk.
GUILTY .* Aged 19.— Transported for Seven Years.
285. HANNAH GILBY was indicted for stealing, on the 24th of November, 1 pair of shoes, value 2s. 6d.; 3 aprons, value 1s. 6d.; 2 pieces of calico, value 3d.; 1 comb, value 1d.; and 2 collars, value 2d.; the goods of Stephen Joseph Wicks, her master.
STEPHEN JOSEPH WICKS . I am a shoemaker, and live in Skinner-street, Somers-town; the prisoner was my servant for about four months, she was about to quit my place. On the 24th of November I sent for a policeman, who opened her box, which was corded, and found these articles in it, which are my property—I had received six months' character with her—I had missed nothing before.
ROBERT ECCLES (police-constable S 73.) I was called to the prosecutor's house and opened the prisoner's box—I took out these articles, which the prosecutor identified—he asked the prisoner where she got the shoes from, and she said out of the shop, on the Saturday evening previous.
(Thomas Williams, a journeyman brush-maker, the prisoner's brother-inlaw, gave her a good character.)
GUILTY. Aged 17.—Recommended to mercy by the Jury and Prosecutor.— Judgment Respited.
REBECCA MILLARD . I am the wife of William Millard, a green-grocer, in Paul-street, Shoreditch. On Monday, the 9th of December, I was in my back kitchen, and heard an alarm of "Stop thief"—I ran to the street door, and picked up the till at the side of the door, on the pavement—it was upset and empty—I had seen it safe in the counter about a quarter of an hour before, and it then contained about 4s. in coppers—the prisoner was shortly after brought in—be said he was innocent, but he had better give me 5s. than be put in confinement.
JAMES MILLARD . I live with the prosecutor, who is my brother. On the 9th of December I was in the parlour—I heard a noise, and saw the prisoner between the counter and the door, with the till in his hands—I heard the money jingle—another boy stood at the door, and when the prisoner got out they both ran away in the same direction—I saw the till lying just on the pavement—I did not stop to pick it up, but ran and caught hold of the prisoner, and charged him with stealing the till—he denied it, and struck me, and be in without assistance, he made his escape.
HENRY JOSEPH SNELLING (police-constable G 203.) I went to the prosecutor's shop, and found the prisoner here—he was charged with stealing the till—he denied it, and said he was passing accidentally at the time—he gave his address, "No. 28, Hoxton-square," but he does not live there—it is a gentleman's house—I found nothing but a penny and a tobaccobox on him.
GUILTY . Aged 16.— Transported for Seven Years.
OLD COURT.—Tuesday, December 17th, 1839.
Second Jury, before Mr. Recorder.
NOT GUILTY .
JOHN NEWSOM . I am a builder, and live in Upper Ebury-street, Pimlico. The prisoner was in my employ, as plumber, for five weeks—he was engaged to work at some new houses in Grovesnor-row, and I supplied him with a quantity of lead pipe for the order—he was to leave what was not used on the premises—there were two closets on the premises to put the materials in, of which he had the keys.
Cross-examined by MR. PAYNE. Q. Was none to be brought home? A. There was a boy employed on purpose to pick up any pieces which
laid about, and bring it to the warehouse—if any was damaged, it might be brought home—the prisoner has a wife and large family.
COURT. Q. Was this pipe damaged, so as to require being brought home? A. No, it was new pipe.
GEORGE THATCHER . I am a policeman. On the 2nd of December I was going up Westbrook-street, Pimlico, a little after twelve o'clock in the day-time, and saw the prisoner crossing from Lower Graham-street in a direction from the building where be was employed, with a bag on his back—he seemed to try to avoid me—I allowed him to go tome distance, and then followed him—when he got to the corner of Coleshill-street, he looked round, apparently looking after me—I followed, took him into custody, and found this lead on his person—I then went to the premises where he was at work, and compared it with a piece I found there, which I have no doubt this came from, from the peculiar cut, which corresponded in both—it was a sort of vein in the lead—when I took him he wanted to go to his master's shop, but he was going quite away from it.
Cross-examined. Q. Had you ever spoken to him before? A. Yes—about a week before I asked him if he knew a person named Hurst—there were several public-houses between the shop and the building—when I stopped him I asked what he had in the bag, and he seemed very much confused—I said, "You have got somelead"—I did not ask where he was going—his master's private house was about ten doors from where I took him—he was carrying the bag openly on his shoulder.
NOT GUILTY .
HENRY EDWARD COX . I am a stay-maker, and live in St. Martin's-court. On Friday night, the 6th of December, about seven o'clock, I was sitting in my parlour, and noticed some stays moving which were tied to a nail just within the shop-door—I went to the door, and missed a pair—I saw the prisoner a few yards from the shop, and went after him—he had the stays in front of him, which he threw down, and ran some distance—I pursued, caught him, and brought him back—he said, if I would let him go he would never do it any more—the stays were brought to me by a man who picked them up—these are them (looking at them.)
WILLIAM CLARK . I am a policeman. The prisoner was given into my custody with these stays—in going to the station-house he said the prosecutor did not find the stays on him, he had thrown them down—I asked what he could have done with the stays—he said he could have sold them if he had got off.
GUILTY .* Aged 16.— Transported for Seven Years—Convict Ship.
10th of December I saw the prisoner standing on the pavement near Messrs. Everett's shop, and another person standing by the window—I suspected and watched them—presently I saw the other one come towards the prisoner, and the prisoner went to the shop, stooped down, drew something away, and crossed the road—I followed and stopped him, and under his apron found this shawl—I asked where he got it from—he said it had been thrown to him.
Prisoner. I picked up the shawl—it laid fire or six yards from the shop.
Witness. No, it did not—I had passed the shop a short time before, and seen the shawls hanging up inside the shop.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Six Months.
THOMAS WILLIAM BROWN . I live with William James Stevenson, a linen-draper, in Ratcliff-highway. On Saturday afternoon, the 30th of November, I was called to serve the prisoners at the drapery counter—there was a great quantity of calico on the counter—they wanted to look at some satin ribbon—I said, "May I trouble you to come on the opposite side?" and from the way in which they moved from one counter to the other I suspected, they had stolen something—Cronin had a cloak on—I shewed them several pieces of ribbon, but they said they were too dear—I asked what price they wanted—they said, "About 5 1/2 d. a-yard"—Stratford was the one that spoke—they made a move at the time, and I said to Cronin, "Excuse me, Ma'am, will you allow me to look under your cloak, as I suspect you have stolen something?" and under her arm, concealed under her cloak, I found this piece of calico, which had been on the drapery counter where the prisoners stood in the first instance—I had seen it there just before they came in—they were standing quite close together—Stratford was nearest to it, but she could not have taken it without the other seeing her—they must have taken it before I came from the other part of the shop to serve them—I sent for an officer, and gave them in charge—they said nothing when I found it.
PIERCE DRISCOLL . I am a policeman. I was called to the prosecutor's shop, and received the prisoners in custody with the calico—they were searched at the station-house—nine duplicates were found on Cronin, and a pair of scissors on Stratford, but no money on either—in going along Stratford said to Cronin, "Don't allow the police to handle you," and in taking her to the police-office next morning she asked if she was going to be sent to the Old Bailey—I said I did not know.
Crown's Defence. I asked Stratford to go in with me and look at some ribbon—the calico laid on my cloak—she took it up and said, "I wonder how much this is a yard?"—the young man crossed and said, "I think you have some calico"—I said nothing, and he sent for a policeman.
Stratford's Defence. Cronin asked me to come in and see about some things—the calico was lying on the counter—I said, "I wonder what this is a yard?"—I gave it to her to look at, and the young man crossed the counter and said, "Excuse me, I think you have got some of my calico."
CRONIN— GUILTY . Aged 17.
STRATFORD— GUILTY . Aged 18.
Confined Six Months.
MARY CUSHON . I am the wife of James Cushon, but have been separated from him two years, and been in service in Prescott-street. I left my place, and went to lodge at the prisoner's grandmother's, No. 3, Besom's-buildings, Bishopsgate-street—on the 29th of November I hung up a flannel petticoat in the kitchen to dry—the prisoner was going out with Margaret Cronin, and I saw her snatch my petticoat off the line, and run out with it—I did not think at the moment that she intended to steal it, but she did not return that night—I saw her next day in custody—the petticoat has not been found—I had only lodged in the house from Monday till Friday.
Prisoner's Defence. I was going out with Cronin—I saw the petticoat at the door, but did not take it.
NOT GUILTY .
ALEXANDER WILSON . I was a seaman on board the Wandsworth. On Tuesday, the 10th of December, I received nine sovereigns and some silver as my-wages, and went to lodge at Mrs. Skeet's, in Bluegate-fields—I gave her a sovereign in the course of the day, and changed another—I do not recollect whether it was in a public-house—after supper I came out with the remainder of the money about roe—I went to the Goose public-house, and met the prisoner there in company with another man—they Were my shipmates—I went with the prisoner to Fraser's beer-shop where he lodged, and got drunk, so as not to know what happened—I was aroused up about half-past eleven o'clock, as I understand since, and found myself at Fraser's—my money was all gone then—I was too drunk to know how it went.
Cross-examined by MR. PRENDERGAST. Q. You got into the company of several persons? A. There were plenty in the room—the prisoner was boatswain of our vessel—I bad only been one voyage with him from Quebec—we were on pretty good terms—I cannot answer for my conduct when drunk—it is not my fashion to take any thing from a man, and give t him again a day or two afterwards—the prisoner was drinking with me—I do not recollect changing another sovereign at a public-house—I might have done so—I fell asleep a short time after I got into the public-house—I cannot say how many public-houses I went into—I was at Frazer's, and the Swan public-house, or Paddy's Goose, as it is called—I do not remember any more—I came direct to the Goose from Skeet's boarding house with the money in my pocket—I cannot tell who was in my company—they were strangers to me—most of them are here—Kellers was one—I did not know him before.
CHARLES FRASER . I keep a beer-shop at 145, Shadwell. The prisoner came to my house on the 10th of December—he borrowed a sovereign of me to buy a pair of shoes, because he was not going to be paid that day—I lent him a sovereign and a few shillings—he came at eight or nine o'clock in the evening with four of his shipmates—one was a little the worse for liquor, they say, but I did not perceive it—I did not notice the
prosecutor—I did not see him at my place—I swear—I did not see him, not to notice his face—I have never said so—I did not see the prisoner do any thing to any man—I did not see him search any body's pocket—he paid half-a-crown for two pots of beer and a broken window—(looking at his deposition)—this is my hand-writing—I do not know whether it was read over to me before I signed it, 1 think very likely it was.
Q. Now, I ask you whether you did not see Wilson in your beershop? A. I saw him—T did not see his face—if it was him he was lying down with his head on the table—I mean the man represented to be Wilson—I did not see his face—I did not see the prisoner do any thing to a man whose head was resting on the table—I have never said so, to my knowledge—I did not see any body put his hand into his pocket.
Cross-examined. Q. Were they in a back-room? A. No, a front room—there were about six there, all shipmates—they all appeared good friends—I thought they were all together—they had come there together in a cart from the ship in the West India Docks.
COURT. Q. What, the man whose head was lying on the table too? A. Yes—I saw the prisoner in custody next day.
JOSEPH JACKSON . I lodge at Mrs. Skeet's, in Bluegate-flelds. I went to Fraser's beer-shop between eight and nine o'clock, and saw Wilson there—I sat close alongside of him—another man went in along with me—there were others there—Wilson was sitting with his head on the table—the prisoner came in, and tried to arouse him—I said, "Let the man be a little bit, you can't get him up; we shall be going home by-and-by; he lives in the same house I do, and by the time the house closes we shall be able to get him home"—the prisoner went away then—he came back again a good bit afterwards, when the house was about to be closed, and he said there were two shipmates of his, another as well as Wilson, paid the same day, and he should see that their money was secured—I said, "Call for the landlady and a policeman or two, so that every body shall see what money the man has got, and deposit it down on the table," but the prisoner did not wait, but went and searched the man's pockets, I jumped on the same seat where Wilson was, took hold of his collar, lifted him, and said, "Don't search the man in that way—why not put what money the man has down?"—I did not see the money—Fraser came in at the time—I then left the two of them together searching the man—Fraser stood there—I cannot say whether Wilson's head was up at the time, or whether it fell down when I let go of it—I heard the money jingle in the prisoner's hand as I went round, but whether it was silver or gold t cannot tell—the alarm was given in a moment that the man was robbed—I was going out at the time, but I stopped, and said I had 1s. and a farthing when I went into the house, and had spent 6d.—they said I must be searched—the prisoner was not suspected, being a respectable man aboard the ship, and I was as liable to be searched as another person.
Cross-examined. Q. Are you a shipmate of Wilson's? A. No, but I lodge in the same house—there were two or three there who had been on board the Wandsworth—one is gone to sea. his name is M'Galveray—he saw the money—I did not, I heard it—he was on the opposite side as I was holding Wilson's head up—the prisoner said openly he would search him, and take the money from him that he had, and keep it safe.
a pint of ram to treat the prisoner—the prisoner asked him to come down to his lodging-house—Wilson gave a sovereign for the rum, and received 18s. out—I saw both sovereigns and silver in his hand at the time—I cannot swear how many—I accompanied the prisoner and Wilson to Fraser's beer-shop—I tried to persuade Wilson to come home, but the prisoner laid hold of him, and pulled him back again—I was turned out by Fraser because I was saucy, I suppose, but Fraser has sworn he never saw the man's face—he did see it, for he was standing at the end of the counter, and I had him by the collar.
Cross-examined. Q. In whose company were you? A. I went with Wilson, Kelley, and one of the prisoner's shipmates named Morria—I am a waterman—I was turned out before M'Galveray came—I believe I was a little saucy—I was not sober, or I should not have been saucy—I do not complain of being turned out, for I was saucy.
MARY ANN SKEET . I am the wife of Edward Skeet, and live in Fortunate-place, Bluegate-fields. I went with Wilson to the ship Wandsworth when he came from there, I saw some sovereigns in his hand—he gave me one, and afterwards went with the remainder of the money about him—between nine and ten o'clock in the evening I wassent for to Fraser's beershop, and saw Wilson there outside the bar—Kellers was trying to fetch him home, and the prisoner was trying to take him into the little parlour—he detained him, and was the means of his not coming home—I was sent for again between eleven and twelve o'clock—I then found Wilson insensible from liquor, lying with his head on the table—Kellers was raising him up—I was given to understand as I went in that he had lost his money—I insisted on a policeman searching him before he went to my house—the policeman said he could not till he went to the station-house—he was taken there, and half-a-crown was found on him—when we came back to Fraser's the prisoner was there—I said he ought to be searched—as soon as I said that, a girl who was with him pulled him out of the doors—he went out with the girl.
Cross-examined. Q. The girl pulled him out? A. Yes, into the street—as soon as I said he ought to be searched, he said, "Let us go," and the girl pulled him out by the sleeve—he was not particularly drunk—he was a little so, but not much—he went out just as I spoke.
WILLIAM CLAPSON (police-sergeant K 7.) In consequence of what I heard between nine and ten o'clock I went to the King William public-house, New Gravel-lane—I there saw Wilson, the prisoner, and other persons—Wilson complained of being robbed—at first he said, to the best of my recollection, that he had lost nine sovereigns—on questioning him I learnt he had received nine and some silver the day previous, for his pay, and he had paid one away and changed one—this was said in the prisoner's presence—the witness Jackson, in naming the circumstance of Wilson being robbed, said that it was proposed they should all be searched before they left, and that the prisoner was shortly after absent—I immediately asked the prisoner what money he had about him—he said, "I have sixpence or a shilling, and some coppers"—I went to Fraser's with him, and after he got there I though the seemed uneasy or fidgetty—he passed round the bar into a little back parlour, returned immediately, and said, "I will be with you in a minute"—he crossed the tap-room and opened the back door—I was close to him, and said, "Where are you going?"—he said, "Backwards"—he had unbuttoned
his braces, as though he was going to the back place—I said, "I shall not allow you to go there till I search you"—I took hold of his hand—he pulled back from me, but I took him into the tap-room, and searched him—I found sixpence in one pocket, and 4d. in copper, and one shilling and two sixpences in another, and a knife—the prosecutor at that time said the knife was his—he has not identified it since—the prisoner then said, "It is no use your searching me any further, I have nothing else about me," and he began putting his handkerchief on his neck—I said I must see something more about him—he sat down, and took off his right shoe—when the heel went on the floor I heard something make a noise, and when I took off the stocking, I shook it on the table, and two sovereigns came out of it—I have omitted to state, that I had previously asked him what business his hands had in the prosecutor's pocket the night before—he said he had passed them into his pocket to see if he bad any money to pay his reckoning, and he took out half-a-crown and a halfpenny—when I found the two sovereigns he said, "I know I took them, but I intended to give them to him, but was afraid, as there was so much noise about it."
MARK JARVIS (police-constable K 193.) I was on duty in High-street, Shadwell—about ten o'clock on the night in question, a man came, and said a sailor had been robbed—I accompanied Peathing into Eraser's beershop, and saw the prosecutor lying asleep there, with his head on the table, and the prisoner standing by him—Peathing said to him, "You are a ship-mate of his, why not see him home? You ought to have taken care of him, and not see him robbed"—the prisoner said, "I have searched his pockets, and all I can find is half-a-crown and a halfpenny"—at the same time Fraser called for the reckoning, the prisoner put his hand into his pocket, took out some money, and I saw four sovereigns in the back part of his hand—the reckoning was 2s. 10d.—he paid 2s. 6d., and Fraser said, "Never mind the odd halfpence."
Cross-examined. Q. Did he show you the four sovereigns? A. I was standing close by him, and I saw them in the back part of his hand—I said nothing about it—he appeared to take them out of his pocket—his finger was on them, but I could see them—I cannot say whether Fraser must have seen them, he was more to the left—I was not examined before the Magistrate—the case was committed—the sergeant did not know we had been called in, and we could not tell at the time but the prisoner might be entitled to have money of his own as wages—we found out afterwards that he had not been paid.
WILLIAM PEATHING (police-constable K 264.) I went to Fraser's beershop with Jarvis, between ten and eleven o'clock, and saw Wilson lying, with his head on the table, and the prisoner standing by the side of him—I said, "Are you a shipmate of this man's?"—he said, "Yes, I am"—I said, "You appear sober, take care of the man, I understand he has been robbed, do you know any thing about his money?"—he said, "I only found half-a-crown and a halfpenny on him"—Fraser came for his reckoning—the prisoner paid him 2s. 6d.—Fraser said, "Never mind the 4d."—I said, "Mr. Fraser, I hear the man has been robbed; I will go to his landlady, and see if he has deposited any money in her hands"—I went to Mrs. Skeet's—Wilson was asleep at the time at the table—I saw half-a-crown and a halfpenny in the prisoner's hand—I asked him again what money he took out of the man's pocket, and he said, "Half-a crown, a shilling, and a halfpenny"—I saw no other money in the prisoner's hand but the half-crown and halfpenny.
MR. PRENDERGAST to ALEXANDER WILSON. Q. Have you not said, if you got your money back you believed it was all right, and you did not want to do any thing further with the prisoner? A. I told the prisoner next morning that I was thankful to him for taking my money, to take care of it, for perhaps I might have lost it—they told me next morning he had taken it to take care of, but he never gave it to me—he denied having it.
GUILTY . Aged 35.— Transported for Ten Years.
SAMUEL BRADBROOK . I am a porter, in the service of Mr. Morland, of Old-street, and lodge in the first-floor of No. 13, Memel-street, Old-street—the prisoners worked in the upper floor of the same house, for Mr. Lambell, a book-binder. On the 2nd of December, I Went out about half-past one o'clock, locked my room-door, and gave the key to the landlady—I returned at five o'clock, found the door unlocked, and missed an umbrella. a waistcoat, and a handkerchief—I informed the police—an officer came, and my landlady accused Bates of the robbery—she said she knew nothing of it—she afterwards said she saw Welch with the things, that Welch gave her the umbrella. she took it to a marine store-shop in Golden-lane, and left it there for 1s., and that Welch said she had taken it from No. 7, Noble-street, where she was at tea on the Sunday evening—these are my things—(looking at them.)
Welch, The door was open.
BENJAMIN MEECHAM . I am shopman to John Walter, a pawnbroker in Aldersgate-street. On the 2nd of December a woman pledged this waistcoat and handkerchief, in the name of Mary Cox, No. 7, Bridgewater-gardens—I do not know who the woman was.
MART ANN MORRIS . I am the wife of Morris Morris, and keep a marine store-shop in Golden-lane. On Monday afternoon, the 2nd of December, the two prisoners came to my shop—Bates asked if I had a pair of pattens to dispose of—I said I had—I gave them to her—she had no money to pay for them—she said she was going on business to the westend of the town, she should have money when she returned, and if I would give her 8d. she would leave this umbrella till she came back—she said she could not pledge it, as the pawnbroker's would be shut up before she came back; that it was only lent her, and she dared not return without it—I gave her the pattens and the 8d. and took the umbrella up stairs—they both went away, and did not return—a gentleman came next day and asked for it, and I brought it down.
WILLIAM WOODWARD (police-constable G 188.) On the 3rd of December I was called in to the prosecutor's—Welch came down stairs and went out—Bates came down afterwards, and asked what was the matter—we said, some things had been stolen from the prosecutor's room—the landlady asked if she knew any thing about it—she said, "No"—the landlady then said, "If you will tell me whether you know about it I will forgive you"—the prosecutor was not present then—in consequence of what Bates said, I went to Morris's shop—I apprehended Welch the same night—I told her what it was for—she said the room-door was open and
she went in and took them—the waistcoat and handkerchief she had pledged at the corner of Fann-street, for 1s. 6d., but she had lost the ticket, and the umbrella was left at the marine store-shop for 1s., and Bates knew she had taken them.
(The prisoners received a good character.)
WELCH— GUILTY . Aged 15.
BATES— GUILTY . Aged 17.
Recommended to mercy.— One Month.
GUILTY .— Confined Three Months.
WILLIAM WINDSOR . I am in the service of Mr. Phillips, of Lloydsquare, Clerkenwell. On the evening of the 6th of December, about five o'clock, I saw the prisoner against the door of Mr. Watkins, a linen-draper, at the corner of Exmouth-street—I saw him draw something from the door—I was on horseback—I got off, gave the horse to somebody, pursued, and overtook him about two hundred yards from the place—he was running—I brought him to the station-house, and there he gave out of his apron, which was before him, a piece containing seven handkerchiefs.
WILLIAM FITZGERALD (police-constable N 255.) I produce a certificate of the prisoner's former conviction—I know him—I had him in custody, on the 8th of April, for stealing a tub of oysters—he is the person named in the certificate—he was tried in the name of Cornish—(read.)
GUILTY . Aged 35.— Transported for Seven Years.
HENRY TUCKETT . I live in South-street, Finsbury-square. I was walking along Ratcliffe-highway, between twelve and one o'clock on the 5th of December, and felt something moving at my coat tail-pocket—I turned suddenly round, and found two young men close behind me, one of whom, the prisoner, had my handkerchief in his hand—finding he was detected, he immediately threw it away—I seized him and called "Police," and in about five minutes the beadle came forward, and I gave him into his charge—the other one ran away immediately.
Prisoner. It was not me that picked his pocket. Witness. I am certain I saw it in his hand, and he threw it away.
my custody from the prosecutor, who had the handkerchief in his hand, and said the prisoner had taken it from him—I conveyed him to the station-house—he said his name was Thomas Williams, and he lived in the Commercial-road—I asked him where there—he said he did not know—I said if he was an honest lad Iwould inquire about his character—at the station-house the sergeant said his name was Algar, and he had recently come out of the House of Correction, and had been in custody five times—he afterwards said his name was Algar, and he lived in Southampton-street, Bethnal-green.
(Property produced and sworn to.)
GUILTY .** Aged 18.— Transported for Ten Years.
ISAAC DEATH . I am a fisherman, I live at Colchester, and belong to the Martha. On the 3rd of December I was coming along Thames-street, by Tower-hill and the Custom-house—I went into a public-house, had some porter, and saw the prisoner and two other women, who all three followed me out into Billingsgate-market—I went into a public-house in Dark-house-lane—the prisoner ordered a quartern of gin—I had one glass and a pint of ale—when I came out the prisoner came to me—I had been talking with her about a person who came from our part—I told her I did not know such a person—just as I was going on board my smack, a person asked if I had not lost any thing—I felt, and missed half-a-sovereign, two half-crowns, one shilling marked "ID," and, I believe, a sixpence—I have since seen the shilling—I am certain I had not parted with it—the prisoner was taken into custody—she put her hand into her bosom, took the money out, and held it fast till the officer told her to give up what she had got, and out of her bosom fell half-a-sovereign, half-a-crown, one shilling, and twopence—the shilling was marked "ID."
Prisoner. Q. Did not you give me a shilling and two half-crowns to go on hoard the ship with you? A. No; I told her I had a wife and family, and would not go with her.
Prisoner. He asked me to go on board with him, and said he would give me 4s. or 5s.—he gave me two half-crowns and a shilling, as he said his ship was going out at two o'clock in the morning, but I would not go with him—he called a policeman, and gave me in charge—he was very tipsy. Witness. I was as sober as I am no w—I never gave her any thing—the bag containing my money was taken out of my left-hand pocket, but I afterwards found it in my jacket pocket empty.
JOHN WINGRAVE , (City police-constable, No. 105.) I saw the prosecutor in company with three women, and told him to go or he would be robbed—I watched them out of the public-house into the market, then spoke to the officer on the next beat about it, and they were all three taken into custody. The prisoner was searched, and I saw the money produced out of her right hand—the shilling marked "I. D." was among it.
Prisoner. I told them he gave it me to go with him—I put the money in my bosom, as I thought he would want it again, as I would not go on board with him—the policeman told him not to say he took me into a public-house, but that I took him in. Witness. I followed her along
Thames-street into another public-house, knowing her character, and watched her well—I told her to go home about her business.
WILLIAM LEWIS . I am a policeman. I cautioned the prosecutor who I saw with the three women—they went into a public-house in Dark-house-lane—when they came out I stopped them, about ten yards from the top of the lane, and asked the prosecutor if he had lost any thing—he put his hand into his pocket and said, "I have lost my purse containing one halfsovereign, two half-crowns, one shilling, and, I believe, a sixpence"—he gave a description of the purse—I called two officers, and we took the women to the station-house—I was ordered to search the prisoner—she said, "Stop a bit, I will give you all the money I have, if you find any more on me it don't belong to me"—she gave me one halfpenny, which I put on the table, and began to search her—on finding her left arm very close to her side, I lifted it up, and the money fell from her arm-pit into her stays—I was going to take it, and she took it out herself—I seized her hand, and with a good deal of persuasion she opened herhand on the table, and there was a half-sovereign, two half-crowns, a shilling, sixpence, and 2d.
Prisoner. I told him he gave it me to go on board with him. Witness. She did not—she frequently laid hold of the prosecutor's arm, saying, "Now, let us go home and have a drop," and she might have dropped the purse into his pocket—the prosecutor had the appearance of having taken gin, but knew perfectly what he was about—I did not observe whether the prisoner had a pocket—she was searched by a female.
ISAAC DEATH re-examined. The prisoner sat alongside me in the house, and after I had got out of the door she caught hold of my arm, and said, "Come along, here is an officer"—she had an opportunity of putting the purse into my pocket.
(Edward Parsley, of Wheeler-street, Spitalfields; and Henry Shaw, of Aldersgate-street, Bethnal-green, gave the prisoner a good character.)
GUILTY .** Aged 27.— Transported for Ten Years.
STEPHEN STACEY . I am a tailor, and live in Cirencester-place. On the 12th of December, about half-past seven o'clock in the morning, I saw the prisoner and another go into Mr. Algaves', a chandler's shop—one of them bought 1d. worth of tobacco—I was going to a customer, and on my return I saw the prisoner coming out of the prosecutor's shop with something in his apron—I suspected, and followed him to Cleveland-street—I asked him what he had got—the prisoner said he was going to take it somewhere—I brought him back to the prosecutor, who claimed it—the prisoner said be did it from hunger.
Prisoner. I was employed to go with a young man to do a job—he told me to take the loaf—I put it into my apron, and walked away—the witness came, and told me to bring it back, which I did. Witness. I saw his partner separate from him—it was the prisoner who went into the shop.
GUILTY . Aged 19.— Confined Three Months.
MARY HIGGINS . I am single, and live in Dolphin-place, Holborn. On the evening of the 9th of December, I went out about six o'clock, leaving the prisoner to take care of my room—she had been three weeks with me—I returned in about an hour, found my door closed, and the key in it—I found my bed stripped, and missed two blankets, an apron, and two combs—the prisoner was gone—I ran out directly to look for her, and found her in about an hour down Clerkenwell-green—I laid hold of her arm, and gave her in charge—she knocked me about a great deal until the policeman secured her.
Prisoner. You sent me to pawn the counterpane and blanket. Witness. I did not—I never employed her to pawn any thing for me at any time—I did not go with her to the pawnbroker's—Clerkenwell-green is about a quarter of an hour's walk from my house.
THOMAS TAYLOR (police-constable G 230.) I received charge of the prisoner from the prosecutrix about half-past seven o'clock on Clerkenwellgreen—she was trying to get from the prosecutrix—I took her to the station-house, and received from the female searcher two combs, a watchguard, and one duplicate.
Prisoner. Q. Did not I tell you she gave me the blanket to pawn? A. She at first said she had not had them—she afterwards said the prosecutrix gave them to her to pawn—no money was found on her.
HENRY HAMPSTEAD . I am in the service of William Ward, a pawnbroker, in Gray's-inn-lane. I produce two blankets and a counterpane pawned by the prisoner, I believe, between twelve and two o'clock, in the name of Mary Elliott, No. 23, Newman's buildings, Lincoln's-inn-fields for 8s.—I am certain it was between twelve and two o'clock, for my employer was at dinner.
Prisoner. I was seven or eight weeks with her—she sent me to pawn them, and came and met me outside the pawnbroker's, and I gave her the money. Witness. I am quite sure I did not send her to pawn them—I was able to go myself if I had wanted to do so.
Prisoner. We went to a public-house, and drank some gin—I understand she has transported a young woman before. Witness. I was robbed of some goods about six months ago by a woman—I was never at this Court before—I was at Hatton-garden about that.
NOT GUILTY .
NEW COURT.—Tuesday, December 17th, 1839.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 15.— Confined Three Months.
CAROLINE FARTHING . I am the wife of Joshua Farthing, a tailor, who lives in Goswell-street, St. Luke's. On the 12th of December the prisoner and another man came to the shop—they asked for a coat—as I turned to call the shopman to suit them the prisoner went behind the counter, took these handkerchiefs off the shelf, and put them into his pocket—I went into the shop again, looked on the shelf, and saw they were gone—I told the shopman—he went after him, and I saw no more of him till he was in custody—these are the handkerchiefs—(looking at them.)
JOHN GULLEFORD . I was called, I went out, and called "Stop-thief"—the prisoner was running up Noble-street—I followed him—he was stopped, and gave me the handkerchiefs from his outside pocket—he had got a quarter of a mile from the shop.
Prisoner. I hope you will have mercy.
GUILTY .* Aged 23.— Transported for Seven Years.
305. REBECCA TYRRELL was indicted for stealing, on the 9th of November, 1 bed, value 30s.; 3 sheets, value 6s.; 1 blanket, value 2s.; 1 counterpane, value 1s. 6d.; 1 pillow, value 1s.; 1 bolster, value 3s.; 1 petticoat, value 2s.; 2 caps, value 1s.; 1 pair of boots, value 2s.; 1 bonnet, value 3s.; 1 collar, value 4d.; 1 box, value 1s. 6d.; 1 tea-caddy, value 6d.; 1 bed-gown, value 1s.; and 1 handkerchief, value 6d.; the goods of Hannah Burgin; and that she had been before convicted of felony.
HANNAH BURGIN . I am a widow, and lodge in York-street, Shoreditch, the prisoner lodged with Mr. On the 9th of November I left my bed, blankets, and other things safe—a little after tea I went out, and gave the prisoner the key—I came home in the evening, and they were gone, and she also—these are them—(looking at them)—they aré mine—I never saw her again till she was taken—she had lodged a week with me.
GUILTY . Aged 18.— Transported for Seven Years.
306. HENRY WOOD was indicted for stealing, on the 25th of November, 10 yards of calico, value 4s. 8d.; 4 yards of ribbon, value 5s.; 2 3/4 yards of holland, value 2s. 9d.; and 4 handkerchiefs, value 14s.; the goods of William Debenham and others, his masters also, on the 16th of September, 22 yards of linen cloth, value 2l. 5s.; 16 yards of lawn, value 1l. 11s.; 8 handkerchiefs, value 11; and 7 1/2 yards of cotton cloth, value 18s.; the goods of William Debenham and others, his masters; to both of which he pleaded
GUILTY . Aged 19.— Transported for Seven Years.
WILLIAM ROBERT MAYNARD . I am shopman to Thomas Cotterell, a pawnbroker in Shoe-lane, Fleet-street About one o'clock on the 4th of November, the prisoner came to the shop, I had occasion to turn my back, and in the meantime she ran out—I looked round and missed the cloak—I ran out, but could not find her—this is my master's cloak—(examining one)—I saw it about a fortnight after it was lost.
Prisoner. He stated at Guildhall that it was the middle of September. Witness. No, I said the 4th of November.
The prisoner called
JOHN WATSON . I am a ginger-beer manufacturer, and live at Nevill's-court, Fetter-lane—the prisoner has been with me five years. On the day that they say the cloak was taken at one o'clock, she was with me till half-past two o'clock—that was on Monday, the 4th of November, because I had a gentleman dining with me—she left us about half-past two o'clock, and went to Petticoat-lane, as she said; and twelve or fourteen of the duplicates the officer has are of my property.
GUILTY . Aged 39.— Transported for Seven Years.
JAMES MOORE . I am in the employ of James Chitty, a wheelwright, and live at Old Brentford. We have lost some old iron, which is here—some of the pieces I can swear to—I had this piece (looking at one) in my hand a week ago—some of it had been inside and some outside our shop—there is 37 lbs. weight of it—it is worth 1s. 3d.
Prisoner's Defence. I found it on a dung heap.
GUILTY . Aged 19.— Transported for Seven Years.
GEORGE ENGLAND . I am a plumber, and live in Hoxton Old Town. I was employed by Elizabeth Jenkinson and Sons. I was sent to a house in Vine-place, where the prisoner lived, on Saturday afternoon, to examine
the gutter and measure it for a new one—I took one on Monday, and when I got there the old one was removed—it was worth 8s.
JAMES WELLS . I live close to Coward's. On the 7th of December, a little before nine o'clock in the evening, I went into the yard, and heard a noise—I heard the tiles rattle—I went to a vacant piece of ground, and saw the prisoner on the top of the house—I asked what he was about—he said he was on his own dwelling, and asked who I was, and said I might go round and inquire if I liked—I went and spoke to Clarke—he went up with a ladder in about five minutes, and then the lead was gone—it has not been found—I did not see him take any.
JOHN SAYER (police-constable N 34.) On Wednesday, at twenty minutes past nine o'clock, I was going down Hoxton, and saw the prisoner with a piece of lead, about five feet long, rolled on his shoulder—knowing he was a painter and glazier, I did not think it was wrong.
Prisoner's Defence. I had no lead in my possession—they must be mistaken—on the Monday I went up to put two or three squares in, as the rain came through at the top of the house.
NOT GUILTY .
JOHN CHARLES SAUNDERS . I am coachman to Mr. Robert Michael Baxter, of Craven-hill, Bayswater. On the evening before the 13th of December I saw two ducks hanging in the cellar, and next morning I missed them—I had reared them and fed them, and I know them—these are-the heads and feet.
JOHN ROBERTS (police-constable T 91.) About twenty minutes before six o'clock, on the morning of the 13th of December, I met the prisoner coming out of Craven-lane with two packages—I stopped him, and asked what he had got—he said, empty bottles which were given him by a servant on the terrace, but he would not give the name—he then said he had two ducks, and the servant gave him the bottles for taking the ducks to where he was to take them—I found the bottles and the ducks on him.
ALFRED TAYLOR . I am the prosecutor's footman. I missed the bottles in the morning when the ducks were gone—I did not give them to the prisoner, nor authorise him to take them—he had lived there as footman formerly.
GUILTY . Aged 25.—Recommended to mercy.— Confined Three Months.
ELIZABETH CLARK . I am the wife of Henry Clark, and live in Cook's-walk, Union-street, Kingsland-road. I received a sovereign from my husband's father on Saturday evening, the 30th of November, about seven o'clock—I put it into my pocket with a shilling and some halfpence—I
went to the prisoner, and bought three cups and saucers, and gave him the sovereign instead of a shilling—he gave me sixpence change—I put it into my pocket, and went to a pork shop—I found I had only 1s. 6d. and a few halfpence—I went back, and the prisoner was standing at the same place—I said, "Look in your pocket, and see what I gave you," without telling him why—he said, "You have not given me a sovereign"—he put his hand into his pocket, pulled out some silver, and said, "You can see whether I have got it"—a policeman came up, and I gave the prisoner into custody—I was in the yard at the office on the Monday when he was brought up—he said, "You are a poor woman?"—I said "Yes"—he said, "If I had known that, I would not have done it."
Cross-examined by MR. PHILLIPS. Q. It was dark? A. Yes—he was willing to give it back to me at last, but the Magistrate would not let him.
WILLIAM CROSS (police-constable G 217.) I took the prisoner—he was searched, but no sovereign found on him—about ten minutes elapsed between the time the prosecutrix said she gave him the sovereign and my coming up.
Cross-examined. Q. You searched him? A. Yes, and found a quantity of silver on him—the prosecutrix represented to the Magistrate that the prisoner said he would pay her the sovereign, provided she did not hurt him.
GUILTY . Aged 18.— Confined One Month.
JANE PALMER . I am the wife of Thomas Palmer, who keeps a coffeeshop in Turnmill-street. My niece called me on the 6th of December—I saw the prisoner with two pieces of bacon, and my little girl hanging to him—as I pushed him into the door, he dropped one piece of bacon—it as my husband's—I had seen it safe not ten minutes before.
SOPHIA BAYLIS . I live with my uncle. I was cleaning a shelf in the shop, the prisoner came and looked in and saw no one—he went in, took the bacon, and ran to the door, and as he was going out, I took hold. of him, and called my aunt—she came and pushed him in, one of the pieces of bacon fell, and the other was in his hand.
GUILTY . Aged 12.— Transported for Seven Years—Isle of Wight.
CHARLES HASSAN . I am in the employ of William Cope, a bookbinder and stationer, in St. Martin's-lane. We have lost 1760 sheets of printed paper—the Report of the Poor Law Commissioners was amongst it—I have not the least doubt that this is my master's—(looking at it)—I saw it safe about a quarter to six o'clock, on the 13th of December, in the passage of our house.
going up the street very fast with this paper on his head—I asked where he was going—he would not give me a satisfactory answer—I said he must go with me—he threw it off his head into my face, knocked my hat off, and ran off—I took him, and produce the property.
Prisoner. I met some young man who asked me to carry it to the Green Man and Still—a person told the officer so, and I offered to take the policeman to the house in St. Martin's-lane, where I received it—the man was before me. Witness. There was a man passed and said something about St. Martin's-lane, but I don't know what.
GUILTY .* Aged 20.— Transported for Seven Years.
JENNISON BARRETT . I keep a cheesemonger's shop in Chichester-place, St. Pancras. About seven o'clock, on the night of the 13th of December, I was in the parlour—I saw the prisoner take a piece of bacon from the window, which was shut, and go out—I followed, saw him drop it, and took him and the bacon, and gave him in charge.
Prisoner. Two boys sent me to take it.
GUILTY .* Aged 14.— Transported for Seven Years.—Isle of Wight.
ALFRED WILLIAMS . My father, Roger Williams, keeps a draper's shop at New Brentford—I missed a shawl on the 10th December—this is it—(looking at one)—I ordered the policeman to go and search the prisoner's lodging—I had seen it safe about the middle of the day on Tuesday, the 10th of December.
Prisoner. I was out of work.
GUILTY . Aged 24.— Confined Six Months.
316. HENRY HARRIS was indicted for stealing, on the 2nd of December, parts of 2 forks, value 2s.; 1 spoon, value 1s. 6d.; and 1 oz. weight of silver, value 3s. 6d., the goods of George William Henry Coward, his master: and CHARLES WILLIAMS , for receiving the same, well knowing it to have been stolen; against the Statute, &c.; to which Harris pleaded
GUILTY . Aged 16.— Confined Six Months.
ROBERT PEAK . I am a jeweller, and live in the City-road. On Monday evening, the 2nd of December, Williams came and offered these articles for sale—he said they were given him by another boy whom he did not know—the policeman was passing, and I gave him in charge.
HENRY JOSEPH SNELLING (police-constable G 203.) I took Williams—he said he got them from a boy who was waiting outside to receive the produce, and that he did not know his name, but in going to the station-house
he said it was Henry Harris, who lived at Mr. Coward's, a surgeon, and he told him he had received them from his mistress as a present.
WILLIAMS— NOT GUILTY .
317. WILLIAM TROTT was indicted for stealing, on the 10th of December, 1 till, value 3s.; 6 half-crowns, 12 shillings, 6 sixpences, 120 fourpences, 144 pence, 90 halfpence, and 24 farthings; the property of Edward John Bath and another.
RICHARD BATH . I am the son of Edward John Bath, who is in partnership with my brother—they live in St. George's in the East About five o'clock in the evening, on the 10th of December, I was in the room adjoining the shop and saw the prisoner reach over the counter and take the till—I am certain he is the person—I ran after him and hallooed, and he dropped it just outside the door, with the money stated, in it—none of it fell out—my brother followed, and he was taken.
GUILTY . Aged 27.— Confined Six Months.
ALEXANDER ELOURE . I keep a coffee-shop in Hatton-wall. The prisoner came to lodge with me on the 20th of November—I let her these articles in the room—on the 10th of December they were missing—these are mine (looking at them.)
Prisoner. I pledged one of them to pay a week's rent, and another to put me in a little way of business—I did not mean to steal them.
GUILTY . Aged 42.— Confined Two Months.
WILLIAM MERRITT . I live in Providence-terrace, King's-road, Chelsea. and am in the employ of Mr. Freak, a baker. On the 11th of October I went to Elizabeth-street, Pimlico—I left my waistcoat in the kitchen about one o'clock, and missed it at half-past five—this is it—I cannot say whether the prisoner was there that day—he was in the habit of going there.
Prisoner. I bought the waistcoat and a jacket of a recruit.
of the prisoner's conviction, which I got at the Clerk of the Peace's office, Westminster—(read)—the prisoner is the person.
GUILTY . Aged 18.— Transported for Seven Years.
(There was another indictment against the prisoner.)
JOHN CRAWFORD . I live in Wood-street, Goswell-street. On Sunday night, the 1st of December, I left my friend's house in the neighbourhood of Vincent-square, Westminster—I had been drinking—I have some recollection of being with a soldier in several public-houses in the neighbourhood of the Strand—I recollect being in the station-house, and being asked if I had a watch, I was shown this watch, which is mine, but it had a silver guard chain to it, which was not on it then—this is it—(examining it.)
Prisoner. Q. Do you recollect giving me the watch? A. I cannot swear from the state I was in that I did not; but I have no recollection of it.
RUPERT RICHBELL (police-constable F 109.) At a quarter before six o'clock on Monday morning, the 2nd of December, I was in the Strand—I saw the prisoner and prosecutor together at the corner of Wellington-street—I went and asked the prosecutor if he had any money—he said, "No; only a few shillings"—I said, had he lost any thing—he said, "No"—I asked if he had a watch—he said, "Yes; a gold watch"—I asked if he had been in the company of any one—he said, "No; only this gentleman," (meaning the prisoner) calling him Captain some one—I then asked the prisoner if he knew any thing of that watch—he said, no, he did not—I asked if he had seen the prosecutor have any watch while he was with him—he said, "No"—he then took the prosecutor by the arm, and said, "Come along; with the watch; what do we care about the watch?"—I detained them, and said, "We will all go to the station-house together"—the prisoner said he should not bother himself about it; very likely the gentleman left it with the landlord of the last public-house where they had been drinking—I took hold of the prisoner's arm to take him to the station-house—he resisted a long time—I called assistance from another constable, and we took him—in going along, he turned and said, "The gentleman knows where the watch is"—the prosecutor said he did not—the prisoner said, "I do"—I said, "Yes; I believe you do; and I believe I do; I believe you have it"—I took him to the station-house, and in one of his pockets I found the watch, which the prosecutor said was his, but it had had a silver guard-chain to it, and under a pair of gloves, in another of the prisoner's pockets, I found this guard-chain—the prisoner resisted very much—I was forced to get over the bars and search him by force—he appeared to have been drinking, but knew what he was about—be is a private in the Guards.
ALLEN PHILLIPS (police-constable F 48.) I saw the prosecutor and prisoner about half-past four that morning in New Church-court, Strand—they had just come out of a public-house—the prosecutor had a Macintosh cloak on—I saw a guard-chain around his neck, where the Macintosh was open—the prisoner bad hold of his arm, and was pulling him down towards the Strand—the prosecutor did not appear so much intoxicated as for me to lake them, and I did not interfere.
Prisoner's Defence. I was going to barracks, and met this gentleman—he laid, "Come with me, and have something to drink, you being an officer of the Guards"—we went to several public-houses, and got intoxicated—I might deny having the watch to the policeman, but I have no recollection of it.
GUILTY . Aged 27.— Transported for Ten Years.
MARY FRESHWATER . I am the wife of William Freshwater. We keep a chandler's shop in Cromer-street. On the 11th of December the prisoner came into the shop and asked for charity—I said I could not relieve him, but I went to the till with the intention of giving him 1d.—in going there I missed this bacon—I said, "You have taken some bacon, have you not?"—he said, "Yes, I have, and I will give it you again"—I went to call my neighbour, and the prisoner was gone with the bacon—I did not see him again till he was in custody.
Prisoner. Q. Did I offer it you again? A. Yes—you must have taken it from the counter.
HENRY WILLIAMS (police-sergeant E 8.) I heard a cry of "Stop thief," and met the prisoner running, calling "Stop thief" himself—I asked what was the matter—he said, a man had stolen a piece of meat and run that way—knowing that no one bad passed me, I said, "I must take you and search you"—I found this bacon in his pocket—I found 4s. 6d. on him, also, a number of penny loaves, and other things.
Prisoner's Defence. I said, if I had got her bacon it was unknown to me—it was given me by a gentleman outside the shop.
GUILTY . Aged 55.— Confined Three Months.
OLIVER MONGSTON . I am an apprentice to Mr. John Eveleigh, a linendraper in Munster-street. On the 9th of December, about half-past two o'clock, the prisoner came in for two yards of galloon, and while the young roan who was serving her left the drawer on the counter and turned for another piece of ribbon, she took a piece of ribbon from the drawer—a lady came and told Mr. Eveleigh, who asked the prisoner to go to the top of the shop—I went behind her, and she dropped this ribbon from under her arm—she had not bought it.
MARY TRAIN . I am the wife of Robert Train, and live in William-street, Regent's-park. I was in the prosecutor's shop and saw a number of ribbons produced to the prisoner—I was close to her, and saw her take this ribbon, and put it under her shawl—I gave Information—Mr. Eveleigh went and told her to step on one side, which she did, and the ribbon dropped from her arm.
(The prisoner received a good character.)
GUILTY . Aged 36.— Confined Three Months.
THOMAS MARTIN . I live in South Wharf-road, Paddington, and am a stone-sawyer. I lost a pair of saw-heads about six weeks ago—it was in November—these are them, I have no doubt—(looking at them)—the prisoner worked in the same yard as I did.
EDWARD BRYANT . I live in Brown-street, Bryanstone-square, and am a stone-sawyer. The prisoner was at work with me, on the 23rd of November, with these saw-heads, in Osnaburg-street, at the back of Mr. Shaw's livery-stable.
GUILTY . Aged 25.
324. THOMAS TYRRELL was again indicted for stealing, on the 30th of November, 1 plane, value 1s. 6d., the goods of John Parkyn; 1 adze, value 3s. 6d., the goods of Joseph Carpenter; and 1 adze, value 1s. 6d., the goods of James Lay.
JOHN PARKYN . I live in Praed-street. I left my jack-plane, on the 30th of November, in a saw-pit at Mr. Nosworthy's—this is it—this adze belongs to Joseph Carpenter—it was in my care, and I left it with the plane—I do not know the prisoner.
(Andrew Dubbs gave the prisoner a good character.)
GUILTY . Aged 25.— Transported for Seven Years.
WILLIAM SNODIN . I am a tallow-chandler, and live in Red Lion-street. I have a melting-house in Elm-street—the prisoner has been in my service seven or eight years—he had no right to have any fat of mine to take away—the policeman took him with some, and some candles—I sell candles, but my stock is so large I could not miss them—he had no right to have any—he is a porter and assistant in the fat-loft—the officer showed me some fat and some candles, which I have no doubt were mine.
Cross-examined by MR. PAYNE. Q. I suppose there was no mark on the fat? A. No—the prisoner confessed that it belonged to me.
RICHARD Moss (police-constable G 195.) At a quarter-past ten o'clock at night, on the 3rd of December, I was in Gray's Inn-lane, and saw the prisoner going along with a bundle under his arm, and a jacket thrown loosely over his shoulder—I went a hundred yards after him, and a piece of fat fell from the bundle under his arm—he went on, and some more fat fell from it—I let him go on to Frederick-street, and there I stopped him—I asked him what he had got—he said meat—I said it was a curious way to carry meat, and I would like to see it—I found it was
butchers' fat—he then said he was going to take it home to melt down to make dripping, and he had brought it from the melting-house in Eilm-street, where he worked—I asked who his employer was—he said he lived in Red Lion-street, Holborn—I asked if he was allowed to take the fat—he said not so much, but he was allowed of take some—I took him to the station-house, and went to his master, who went to the station-house with me—I then searched the prisoner, and found 15 lbs. of fat in the bundle, and 5 1/4 lbs. in his hat—he had a blue frock-coat on, and in the breast of it were four new candles and one partly burnt—I searched his lodging at the address he gave me—I there found a saucepan with some fat in it which had been melted down, and a piece of soap.
Cross-examined. Q. Did you tell him it would be better for him to tell? A. No, nothing of the kind—he was about two hundred yards from Elm-street when I took him—the fat was given up to the prosecutor on account of its impure state.
(The prisoner received a good character.)
GUILTY . Aged 45.—Recommended to mercy.— Confined One Month.
SAMUEL WILLIAM MOLLINEUX . I am a butcher, and live in St. George's. On the 14th of December, about four o'clock in the afternoon, I missed a piece of beef—I went out and asked my man about it—he knew nothing about it—I went into the room, put out the candle, and looked over the blind—I saw the prisoner, come, to my board, put a cloth over a piece of beef, and run away with it—I went out after him—he was stopped by some gentleman—I never lost sight of him—he threw it in the mud, and I picked it up—I took him to the station-house.
Prisoner. I did it for want—I have been twelve months in the House of Correction, and could get no work.
GUILTY .* Aged 16.— Transported for Seven Years—Convict Ship.
GUILTY . Aged 16.
EDWARD MILLS . I am shopman to Mr. Richard Exley, a grocer in Onslow-place, Fulbam-road. On the 14th of December, between one and two o'clock, we had eight cakes of soap outside the shop window—I did not see any body outside—I missed the soap—I went out, and took Johnson with it on him—Brown was with him, but he had not got any—they were together after the soap was taken.
EDWARD ANDREWS . 1 live in Pound-terrace, Chelsea. I saw the two prisoners walking up and down opposite the prosecutor's shop—they went and looked at the plums in the window—Jackson then untied his apron, put it over the soap, and took it—Brown was at the corner on the watch—Johnson went on a little way, and Brown went after him.
Brown's Defence. I was speaking to this lad, and the gentleman took him, and another person took MR.
GUILTY . Aged 16.—Both confined Three Months.
BENJAMIN THOMAS . I am in partnership with Mr. William James Stevenson, we live in Middle-row, Holborn. On the 4th of December five waistcoats and one pair of trowsers were taken from the shop-counter—I had seen them safe three minutes before—I received information from our lad—these are ours—(looking at them.)
Cross-examined by MR. PAYNE. Q. Where were they? A. They were folded up, and lying one on another on the counter, about two yards from the door.
JOSEPH ALLEN . I am shopman to Mr. Blisset, who lives in Middlerow, opposite the prosecutor's. I was at the door, brushing the hats, about eight o'clock—I saw the prisoner go into the prosecutor's shop, take up these articles, and come out with them—I crossed, and intercepted him, and in the scuffle, as I seized his arm, these things fell—we fell down together, and there we lay till he was taken.
Cross-examined. Q. How far is your shop-door from the prosecutor's? A. I can step from our door to the prosecutor's in three strides—there are six lights in the prosecutor's shop, and five in our shop—I am quite sure these things fell from the prisoner—some person picked them up.
Cross-examined. Q. Where were you? A. In the shop—another man came in and took my attention—I saw the prisoner very plainly—he came in once before.
GUILTY . Aged 19.— Confined Six Months.
329. JAMES HARRIS was indicted for stealing, on the 8th of December, 1 pair of trowsers, value 10s.; 1 waistcoat, value 5s.; and 1 shirt, value 2s. 6d.; the goods of Joseph Pier, in a vessel, in a certain port of entry and discharge.
JOSEPH PIER . I am a seaman on board the ship Virginia, in the London Docks. On the 8th of December, about eight o'clock, the prisoner came on board, while I was washing decks—after he was gone, I went down to the forecastle, and missed my waistcoat, shirt, and pantaloons—these are hem—(looking at them)—I went on shore after the prisoner—I found him in the street with these things on—I said to him, "You have been on board this morning"—he said, "No"—I wanted to talk to him—he wanted to fight me—the policeman came and took him.
JOHN DROVER (City police-constable, No. 23.) I saw the prosecutor and the prisoner—the prisoner had these things on him—the prosecutor said they were his—I took the prisoner to the station-house and then to the Computer—they provided him with other things, and took these things from him—he said he had bought them at Liverpool, and denied having
been on board the ship—the prosecutor described the marks on the clothes before he saw them.
Prisoner's Defence. I bought them at Liverpool.
GUILTY .* Aged 25.— Transported for Ten Years.
330. JOHN HUCKLE was indicted for feloniously breaking and entering the dwelling-house of Robert Brockington on the 2nd of December, and stealing therein, 23l. 8 yards of fustian, value 5s.; 1 pair of trowsers, value 5s.; and 8 waistcoats, value 10s., his property: and that he had been before convicted of felony.
ROBERT BROCKINGTON . I live in Red Lion-court, in the parish of Christ Church, Spitalfields, and keep a tailor's shop—it is my dwelling-house. I left home on Monday morning, the 2nd of December, at hall-past seven o'clock—I left my wile at home—I left this fustian and the articles stated on a show-board in the window—I returned at half-past eight o'clock at night, and these things were gone—I went to Spitalfields station-house and saw the fustian there—this is it—(examining it)—it is mine—my wife is not here—part el my window was broken—I do not know who did it.
Prisoner. Q. How can you swear the fustian is yours? A. I have the piece it came off of in my possession.
JAMES WILLIAM GODDARD . I live in Red Lion-court. On that Monday, about twelve o'clock, I saw the prisoner and another about the prosecutor's window—I watched them—I saw them again at three o'clock, and again just before it got dark—I know the prosecutor's window was safe then—I went out, and as I came back, I saw the prisoner and the other coming out of the court—the prisoner had something in his possession—I went and saw the prosecutor's window was broken—I went after the prisoner and took him—be dropped this fustian—I took it up—he resisted very much—I took him to the station-house—this is the fustian—the other things are not found.
GUILTY . Aged 20.—Of Stealing only.— Transported for Seven Years.
NOT GUILTY .
OLD COURT.—Wednesday, December 18th, 1839.
Third Jury, before Mr. Sergeant Arabia
JOSEPH LIGHTFOOT . I am in the employ of William Welsh, a baker, at Brentford. On the 9th of December a copper kettle was stolen out of the yard—I spoke to the police about it—we went to Solomon's shop, and there found the kettle behind the counter—this is it—(looking at it)—it was not broken in this way before—it was in daily use—I know nothing of the prisoner.
known him two or three months—the kettle was bruised when he brought it, not as it is now—I took the rim and handle off—I gave 2s. 6 1/2 d. for it as old copper—he is in the habit of buying things of this sort, and selling them to me—the officer called at the house next day, and asked if I had bought such a thing—I said I had.
Prisoner's Defence. Two boys asked me to go and sell it for them, and said they would give me something when I came back—they said they had bought it of a boy for 1s. 6d., and I went and sold it for them.
GUILTY . Aged 17.—Recommended to mercy.— Confined Three Months.
Prisoner. I got into bad company, and got intoxicated—I did not like to go home.
GUILTY . Aged 19.—Recommended to mercy.— Confined Three Months.
334. ELLEN DONO HUGH was indicted for stealing, on the 5th of December, at St. Botolph without, Aldgate, 1 bag, value 1d.; 6 sovereigns, and 1 half-sovereign, the property of Joan Donohugh, in her dwelling-house.
JOAN DONOHUGH . I am a widow, and live in Peter's-court, Golden-lane, in the parish of St. Botolph without, Aldgate. The prisoner is my brother-in-law's daughter—she left her place, and I kept her two days—on the 5th of December I sent her to my box (which was in the same room we were in) with the key to get a shift out for me—I thought she was a long time at the box, and told her to lock it, and give me the key—I had six sovereigns and a half in a purse there, which I know were all safe that evening—the prisoner left me on Friday about four 'clock, and on the Sunday following, between eight and nine o'clock, I missed my money—I went to Greenwich, where she had told me she as going, to her cousin's, and found her at a public-house—I asked how she came to rob me—she said she had not robbed me, and knew nothing about it or the box—I said, "You can't say that, you went to my box"—the purse which my money was kept in was found in her bosom, and four sovereigns in it—this is my purse—(looking at it.)
MARY WALKER . I live at the station-house, and search the female prisoners. The prisoner was brought there on Sunday week—I found this purse in her bosom with the money in it—she said she had found it.
Prisoner's Defence. I did not take the money out of her box—I could not have done so without her seeing me—she was standing opposite to me all the while.
GUILTY . Aged 20.— Confined Six Months.
Before Mr. Justice Patteson.
335. JAMES CARDWELL was indicted for stealing, on the 9th of October, at St. Marylebone, 1 cash-box, value 10s.; 9 sovereigns, 8 halfsovereigns, 2100l. Bank-notes, 1050l. Bank-notes, 520l. Bank-notes, 1210l. Bank-notes, and 1 bill of exchange, value 227l. 8s.; the property of Henry Edward Porter, his master, in his dwelling-house.
MESSRS. CLARKSON and CHAMBERS conducted the Prosecution.
HENRY EDWARD PORTER . I was twenty-three years old on the 6th of this month—I am a butcher, and carry on business at No. 2, New Quebec-street, Portman-square, in the parish of St. Marylebone—I have carried, it on on my own account ever since I was twenty-one years of age—my grandfather, Edward Porter, my aunt, Mrs. Brader, and my uncle William Brader, reside in the house with me—my aunt assists me in the management of the business, and attends to the shop—my grandfather has nothing to do with the business—Mr. Brader is a finisher at Broadwood's, the piano-forte manufacturers—he has nothing to do with my business—the prisoner has been in my service about eleven months—he slept in the house, in the back attic—my aunt and Mr. Brader slept in the front-room, second floor—the attic is on the third floor. On Wednesday, the 9th of October, I had a cash-box, in which I kept my money—it was usually kept in the closet of my aunt's room, on the second floor—I had seen it on the Sunday previous, and the money in it, on my aunt's table—I did not count what money there was in it then—there was a bill drawn on Mr. Fitzgerald for 227l. 8s. and accepted by him—there was also a 100l. and a 50l. note received of Mr. Wilkinson, of Park-street. Mr. Fitzgerald and Mr. Wilkinson are customers of mine, and these sums had been received on account of meat supplied to them—there was also a 100l. note received from Mrs. Napier, of Green-street—we had given her change for that, it was not for meat—there was about 1170l. in the cash-box, including the bill—it was the prisoner's habit to go out on the Wednesday—he was allowed to go out from five o'clock in the evening till ten, provided business was over—he generally dressed himself before he went out—he dressed in the back attic—in coming down stairs to go out he would pass my aunt's bed-room door—I was at home on Wednesday, the 9th, I do not recollect seeing the prisoner since the afternoon part, about four o'clock—he returned about ten that night—I was at home when the money was missed—it was missed about nine o'clock—I went up stairs to my aunt's room after my aunt found the door open—I have seen some of the notes which I have mentioned, since.
Cross-examined by MR. SERGEANT BOMPAS. Q. You yourself have carried on business since you became of age? A. Yes—my father died about seventeen years since—I have only one brother—he has assisted me in the business—his name is Charles—he sleeps with me—this cash-box was never kept in my room—there is a cash-box kept in my room—a very old one indeed, which is kept merely for loose change—that has never been under any care but my own—it was a dressing-case, but we converted it into a cash-box—it is a tin one—it has been used as a cash-box about eleven years—my grandfather had charge of it till I became of age, in his room,
and then I took possession of my grandfather's room—I cannot exactly say when the new cash-box was first obtained, but it was bought at Wright's, in Oxford-street—I should think I had had it about a year—I have the key of it—it is in our possession—it is a common key, and it is a common box—I believe my father died in debt—I believe those debts have been paid, but I was only 8 years old when he died, and do not know any thing about it of my own knowledge—I received the 100l. and 50l. notes from Mr. Wilkinson on the 24th of August—the 50l. note was in change, not on account of meat—we gave change for the 50l. at the same time we received the 100l.—I did not receive it, my aunt did in my presence, in the parlour—I was not present when the 100l. note was received from Mrs. Napier—I do not recollect the circumstance—that was received before I came of age, and was given up to me at that time—I had paid away a 100l. note about three weeks before the robbery, to Mrs. Philpot, of Forty-farm, Harrow—that is the only one I recollect paying away—I do not recollect any other being paid—I have not paid away any 50l. notes latterly—I do not recollect doing so—I was not at home the whole evening when this took place—I returned home about eight o'clock—I had gone out about seven o'clock on business—I have money in the Bank of England—I had some there before I came of age—there is 400l. in my name there—I have a cash account there—it has not increased since I came of age—I have not taken any out since I came of age—I cannot exactly say what sum of money I had in my second cash-box on the evening in question, but I think about 40l.—it consisted of notes and gold, fives and tens.
Q. What did you mean by saying just now it was for small change, when you had 5l. and 10l. notes and sovereigns there? A. The box my aunt had possession of was, if we had more money than we wanted, we used to put it away, if we could spare it, from the other box—I mean by small change 5l. and 10l. notes—there were thirteen sovereigns in the box my aunt had—the 40l. in the other cash-box was money which had come in in the course of a few days—as the money came in we used to take it out to go to market with—it did not remain there long—I cannot tell how much there was in that box the Wednesday week before, it was all gone at market—I kept no account of what I had in either of the boxes—I had no other cash account except at the Bank.
COURT. Q. Do we understand your cash account to be one you might draw upon at any time? A. No, it was not.
MR. SERGEANT BOMPAS. Q. Is it invested in any way, or is it in cash? A. It was put in the funds by my grandfather—it is money in the funds, not a cash account—I had no cash in the Bank of England—my uncle had no cash account, that I know of—he had no cash-box, that I know of, only the one I gave to his charge—the cash-box that is lost was bought in Oxford-street about a year ago—I cannot speak to the time exactly—there was no other cash-box before that but the one I have—for a twelvemonth after I came of age, the only cash-box kept was the one I have in my room—all the money was then kept in that cash-box in my room, under my own charge—my brother slept with me at that time.
Q. What was the reason of the money being taken out of your custody, and given to your aunt? A. I had been rather neglectful in leaving the keys about, and the servant brought them down once or twice
to my aunt, and so I gave it her to take care of—that is about twelve months ago from this time—somewhere about last December—I was pre-sent when one of the 50l. notes was received of Mr. Younger, of Albion-street—I think that is about nine months since from the present time—I do not know of any other which I can exactly state—there were some more in the box, but I cannot tell who they were received from—I will not swear I have not paid away a 50l. note within the last six months—I have no recollec-tion of paying away more than one 100l. note within the last twelve months—I have no recollection of it at all—I have not done so that I recollect—we keep no account of what we pay away, or what we receive.
Q. Do I understand you cannot tell how many 50l. notes you have paid away, or whether you have paid away any within the last six or twelve months? A. I have no doubt we did; because, provided we take a 50l. note to-day, we may take it to market to-morrow morning—I should say I have paid away two or three 60l. notes within six months—I cannot tell when or to whom—I paid them away at market—we buy of one and another at market wherever we can buy best—I have no regular person of whom I buy—we had no banker, therefore we kept no account—I can five no account of how many 50l. notes I have paid away, nor of any other notes whatever—I have stated, as far as I can recollect, all the 100l. and 50l. notes I have received—I have been present at the receipt of two 50l. notes, and one 100l. note—I came home on the night in question about eight o'clock—my uncle and aunt were at home when I came home—I think my uncle was up stain—if my uncle goes up stairs he takes the key of the room—the key of the cupboard is sometimes left in the room hanging up, at other times he brings it down—I do not think he ever leaves it in the cupboard—I do not know whether he does or not, it is only his own room door of which he brings down the key—he never fails to do that—be had the key in his pocket when I came in on the night in question—I saw him produce it about nine o'clock, when my aunt had come down—I have not said that the robbery must have taken place after a quarter-past eight o'clock—I could not have said that—I have not said so to any body that I recollect—the circumstance of the door being found open led us to believe some person had been committing the robbery then—I may probably have said the robbery took place between eight and nine o'clock—after a short time we were led to believe it was so, in consequence of finding the door open—I did not say it must have taken place after eight o'clock—I am sure I did not—I cannot swear so—I said I thought it must have taken place after my uncle came down and before my aunt went up, between eight and nine o'clock, in consequence of finding the door open—I always added the words, "in consequence of the door being found open"—I never said the robbery must have been committed between eight and nine o'clock, without adding as a reason that the door was found open, or words to that effect—I never said the cash-box was safe between eight and nine o'clock, nor any words to that effect—I know Mr. Glenister, he is a butcher—I never said so to him—I was led to suppose it was safe, that is all I know—I have no recollection of saying to him that it was safe between eight and nine o'clock—I could not say that it was safe, for I had not seen it after the Sunday—I did not say so, nor any words to that effect that I have any recollection of at all—I will not swear it, because I know nothing about it—I do not recollect any thing about it at all.
COURT. Q. Do you mean you do not recollect having any conversation
with Mr. Glenister on the subject? A. I have had conversation, but I do not recollect saying that—I cannot be positive whether I did say it or not, there were so many inquiries.
MR. SERGEANT BOMPAS. Q. Do I understand you might have said so, but do not recollect it? A. I have no recollection of it—I do not know whether I may have said so and forgotten it—I had a little conversation with Mr. Glenister about it—I merely named the circumstance, I believe that was all—I deal with Mr. Glenister a little now—we have been in the habit of dealing with him I believe for twenty years—my father dealt with him, I believe—I have dealt with him ever since I was of age, and my aunt before me, but before we did not kill our own beasts, which we do now, which makes a great difference—we leave off killing beef during the summer—we have began to kill again, about six months—we deal with him more in the summer—we killed our beef last winter—-that has been our course for three years with beef—we kill our mutton, at all times—I have no recollection of saying to any body that the cash-box was safe between eight and nine o'clock—I could not say so, because I never saw the box, and could not swear it was safe—I did not say it was safe—I do not mean to swear that I did not say to, but I cannot recollect it—I said we were led to suppose so in consequence of finding the door open—I used the terms "In consequence of finding the door open"—I have no recollection of saying it was safe between eight and nine o'clock in the presence of my shopman in my house—I might have said 1 supposed it was safe—I never said that my uncle had seen it at a quarter-past eight o'clock—I have said in a joke that the salesmen must make an allowance of a halfpenny in the pound on our meat for the loss—I never said that my fortune was made by the loss, or a loss, nor has my aunt in my presence—this excited a good deal of interest—it did not increase my custom that I know of—I was lost myself when a child—me and my brother, my aunt and uncle, my grandfather, the boy John Keys, the other man and the maid servant were in the house at the time the box was lost—the female servant has gone-away—we found some duplicates of stolen goods in her possession—Mr. Codd, the Magistrate, discharged her, saying we might prefer an indictment if we pleased—some stolen things were also found in her box—that box was not kept at our house, but down at Westminster.
MR. CLARKSON. Q. Is that female servant named In wood? A. Yes—she was apprehended and taken before the Magistrate on this charge—she was discharged, there being no evidence against her—a table-cloth was found in her box—nothing else was traced belonging to me or my family—she was taken with a soldier in the Guards, and detained some time in custody—we only kill two oxen a-week—we buy all the rest dead—the meat we buy in a week varies according to the season—the average is about sixty sheep, about four beasts, and about five calves—our business is extensive at the west end of the town—our book debts are about 1600l. at present—we supply persons of rank and station in the neighbourhood—I am sure I did not pay away the 100l. note I received of Mrs. Napier, or the 100l. and 50l. notes received from Mr. Wilkinson—Mr. Wilkinson is not here, nor his steward—he has been very ill—Mrs. Napier's butler is here, and Mr. Fitzpatrick's steward—I cannot speak correctly to the time I bought the cash-box, but Wright's man is here who served it—I do not know when my grandfather invested the 400l. in
the funds—I did not invest it myself—my brother has had the interest of it up to the present time—it was infested in three names, 400l. each, William, who is dead, Charles, and myself—my grandfather is seventy-six years old—he is here, I believe—the 100l. note I paid away to Mrs. Philpot was for sheep—Mr. Teuton is Mr. Wilkinson's steward—I heard from him two or three days ago—he is very ill, I believe, at Leamington—I have not directed my attorney to subpoena him—he is not subpoenaed—we deal with different persons at market, as we can get it best—we generally buy sheep of Burrell, a salesman—I do not buy the beast myself—we employ a man to do the best for us—in the dead market we buy of Hutton, Windsor, Lacy, Lee, and a variety of others—the average of our return in business for the last three years has been about 10,000l. a-year—my aunt and uncle have always lived with me since I can recollect, and my grandfather since he has left off business—he is a carpenter and builder—he has been out of business about eleven years—he has enough to keep him.
Q. You have been asked as to observations made to Glenister and others, have people come from time to time to the shop to make inquiry? A. Yes—some strangers, and some friends, and their object not explained to me—I can form no conclusion when the robbery was committed, except from finding the door open—I did not see the prisoner go away that evening—Mr. Glenister is a carcass butcher—he sells to me in the dead market—I do not buy sheep of him, only beef and veal, in the hot weather—the gentleman who gave me the bill of exchange I do between 200l. and 300l. a year with—he is generally in town six months in the year, and my bill is that amount in that period, and has been se for nearly twenty years—I have assisted in the business about eight or ten years—my business with Mrs. Napier is about 70l. a year—my brother Charles is not in partnership with me—Mr. Fitzgerald is a private gentleman in Portland-place—I have another customer in Portland-place, Sir Frederick Watson, and other customers in Park-crescent, and all about there—several members of Parliament deal with me—I serve all the Phillips' family, eight or ten of them—the Earl of Mulgrave, Mr. Mirehouse, of Seymour-street, occasionally—Sir George Phillips, Lady Nelson, Lady Waterpark, and the Cavendish's—it is my business to go to market.
MARY ANN BRADER . I am the wife of William Brader—he is in the employ of Messrs. Broadwood, the piano-forte makers, and has been so about twenty-seven years—Henry Porter is my nephew—I have another nephew named Charles, and had one named William, who is dead—I have always lived with Henry Porter, at No. 2, Quebec-street, and my husband with me—my name was Porter before I married—my brother has been dead about eighteen or nineteen years—my nephews were mere children at that time—my brother had been very unfortunate in business—the business of a butcher was still carried on in Quebec-street after his death—he left a widow, who has been dead twelve years—after the death of my brother I assisted in supporting and protecting my nephews, and after the death of their mother I took on myself the whole management of them—they had no friends to look to but myself and husband, and the grand-father.
Q. Who carried on the business during the minority of Henry Edward from the time of your brother's death till he became of age? A. A young man who served his time to my brother was placed as foreman with us—he
lived with us eighteen years—I managed the business, and solicited the customers on their behalf—I kept the books, and supported the children—Henry assisted as early as we could take him away from school, which was about the age of thirteen or fourteen, I believe—be assisted me in the business till he became of age—I had at that time saved some of the profits of the business for him—we had 300l. or 400l. in the Bank—we intended 400l. for each boy—the money went through my hands until Henry came of age, and then my father had the charge of it—it was then between him and me—previous to his coming of age three sums of 400l. had been invested in the Bank for the children, and when he came of age 500l. in cash was handed over to him—he always went to market, and had done previous to that—I continued to do much the same in the business till now—I kept the books with his assistance—I generally received the money—any large money I generally took up to the cash-box, but small sums we kept in another box—he always had an opportunity of inspecting the books, and seeing what the receipts were from day to day—the cash-box was kept in a closet in my bed-room, the front room second floor—I used to keep the money that was accumulating during the minority of the boys in the back room where my father used to sleep at that time—we kept it there some time after Henry came of age, but it was Henry's wish that I should take it up stairs as he used to leave his keys about—once or twice the servant found them in the bed-room, and he wished me to take it up stairs, which I did—it was then kept in a closet in the second floor front room, where I slept—I remember the cash-box being purchased—the closet was always locked—I think it is a common lock—I used to make the bed in my room myself every morning—not before breakfast—I used to go up afterwards—I always locked the door of that room and brought the key down—I sometimes have hung the key of the closet up in the bed-room—at other times I have brought it down stairs in my pocket, but the room-door was always kept locked—about a fortnight before the robbery, there was in that cash-box, including the bill of 227l. 8s., 1170l.—that bill is not due till next January—there were two 100l. notes, ten 50l. notes, four 20l. notes, and I think about twelve 10l. notes, and 13l. in sovereigns and half-sovereigns—I had seen the cash-box between the time of the loss and that fortnight—it used to be kept behind some bottles in the closet—there were a great many wine bottles in the closet—it was kept at the back part in a curve in the closet—some leathers were generally thrown over it in the corner—I had counted the money a fortnight before—Tuesday, the 8th, was the last time I saw the box—that was the day before the robbery—I had not occasion to go to it on the 8th—I saw it in the closet—I opened it on the Sunday night previous—my nephew was present—I only went to take out two 10l. notes for Henry—I am sure the property in the box was not disturbed then—I took the two 10l. notes out—the money laid as I had left it—I did not take it out to examine it—I had the key of the cash-box on the Sunday night and also on the Wednesday night—besides that box, we have a common tin box in the back room first floor, without a cover, in which a little loose money is kept, but not to any amount—I cannot exactly tell what money we were in the habit of taking daily—some days we took 70l., other days not 7l.—it depends on the bills being paid—I cannot exactly say what money was in the tin box on the Wednesday when the cash-box was lost—I do not know—Henry and his brother slept in the back room—the prisoner was in my nephew's service—I am not aware that he knew
we kept a cash-box in the closet—it had never been produced to him that I know of—he went out every Wednesday and the other journeyman on Thursday—he received 16s. a-week—I had no account of the numbers or dates of the Bank-notes in the cash-box—I always put my initials to notes when I take them—the bill was received from Mr. Warren, Mr. Fitzgerald's steward—Mr. Wilkinson and Mrs. Napier were customers of ours—(looking at three notes)—this is my writing—these have all my signature at the back—I can undertake to say all these three notes have been in my pos-session—this 100l. note I received from Mrs. Napier's butler—I do not know his name—Mrs. Napier then lived in Portman-street—she now lives in Green-street—this "R. Napier, 15, Portman-street, Nov. 23, 1837. E. P." on the note is my writing—that was the time my father had the management of the business, and I put E, P., because his name is Edward—Nov. 23rd is the day I took it of Mrs. Napier's butler—my nephew became of age two years ago, on the 6th of this month—I am sure that note was safe in the box when I went to it on the Sunday night before the Wednesday—on this other 100l. note here is my writing "R. Wilkinson, Esq., Park-street, August 24, 1839. H. E. P."—I made the distinction of Park-street, because we serve two Wilkinson's—I put "H. E. P." on it because the business was then in his name—Mr. Wilkinson is one of our customers—last season was the first season we ever served him—that 100l. note was safe in the cash-box on Sunday night—I took it in payment of an account of 85l.—this 50l. note I gave the butler, Mr. Teuton, change for—that was on the same occasion as when he paid the bill on Saturday evening—I have written the same on this note—I am certain it was in the cash-hot on the Sunday evening preceding the robbery—it had not been paid away—I have never had but one more 100l. note since Henry became of age, and I have brought a memorandum of the lady I paid that to—it is in my own writing—I paid it to Mrs. Philpot, a farmer's wife, at Wilsden Forty-farm, for sheep—I took the number of it at the time I paid it—it is "52232," dated "10th of January, 1838"—I took that memorandum the day Henry went to pay Mrs. Philpot—I did not pay it to her myself—I had seen all these three notes a fortnight before the robbery—we generally supped at eight o'clock—my nephew's business is a very good one—it has improved very much of late years—I may take a good deal of that credit to myself.
Q. How were you alarmed on the night in question? A. I had occasion to go up to the next room to my bed-room, and saw my door open—that was a little after nine o'clock—I had been up stairs all the afternoon in my room—1 went to empty a press and replace the things—I had been going up and down to that room up to five o'clock and a little after—on finding the door open I came down stairs and said to my husband, "William, how came you to leave the door open?"—from the answer I got from my husband I became alarmed—he went up stairs first and I followed him—I went into the bed-room—he went to the closet, unlocked it, and found the box was gone—he had the closetkey in his pocket—when he comes home of a night I generally give him up all the keys—he is absent on his employers' business the greater part of the day—I saw him produce the key from his pocket and open the door with it—I think the closet-door was locked at that time—I was behind him when he opened it, and the box was gone—from that time to this I have never seen any of the contents of the box except the three notes produced, nor have I seen the box itself—there was no appearance of violence to the door of the closet, nor did I see any on the door of the room—the prisoner was
out at the time we made the discovery, I had not seen him go out—he came home a little after ten o'clock, I think—I communicated with the police and inspector Tedman came to our house between ten and eleven o'clock—I think it was nearly eleven o'clock—he examined the cupboard and room—we had a female servant named In wood—it was her business to clean my bed-room every Friday—in consequence of finding a duplicate of a table-cloth belonging to me upon her she was given into custody—a soldier was also taken into custody—up to this time I had not the least suspicion of the prisoner—the cash-box was a flat japanned one, with a gilt border and brass handle—I do not recollect whether the handle was round or square—I did not buy it myself—I should think we had had it nearly two years.
Cross-examined by MR. DOANE. Q. You say you had the care of these three young men when they lost their father and mother; were you then living in Quebec-street? A. Not at the time the mother died—I came there afterwards—I have resided there about twelve years—my father took the house—the grandfather of the prosecutor—there was no lease at that time—there has been one lately—I cannot tell how lately—it was before Henry became of age—I cannot say how long before—there has been no lease since he became of age—it was my father's house in my brother's life-time—it is not my father's now—he has turned the house over to Henry—that was in writing.
COURT. Q. Was there any lease in writing made to your father? A. Yes.
MR. DOANE. Q. You have said there were three sons, having 400l. each; who invested those sums? A. My father did for the three nephews—that money came from the profits of the business—I cannot exactly say in how many years that profit had accrued—it was invested, at various times—I cannot tell the year we began to invest it unless I had the papers—it had been put in, a share to each, by little and little—we ceased to invest any about two years ago—I cannot tell when we began—it is near ten years ago—I do not think it is so much as ten years—rather less than that—ray father did it, and I did not trouble myself—I should think it is about eight years ago—in addition to the 1200l. stock, there was 500l. in cash on Henry's majority—that was from the profits of the business during the eight or ten years—the 500l. was handed over solely to Henry—Charles has no share in the business, nor have I or my husband—I live in the house, but have no share in the profits, nor has Charles—he has the interest of the 1200l. which was invested for the three—the business has not particularly improved since Henry's majority—he has not invested any money since he became of age, nor have I for him—I was not in the habit of looking at each note every time I went to the cash-box.
Q. How do you remember, the fortnight before, looking at the contents of the box? A. Because I counted it over—I had not any doubt of it being right, but I counted it over—the closet was locked as usual, and the box was locked—there was no suspicious circumstance—I sometimes put money into the tin box, where the small sums were kept, and sometimes Henry did, when he took the money from the drawer of a night he would take it up into that room—there might, in the course of an evening, be two 5l. notes, and some sovereigns paid in that would go up there—I cannot say how much more there might be—I dare say I saw that tin box every
other day, if I went to the drawer—the drawer was kept locked, but not the door of that room—Henry goes to market so frequently, the money is generally taken out, perhaps every other morning, and if he required more I went up to the other box—I do not know how much there was in the tin box three or four days before the loss—when I wanted a small sum I went to the tin box—on the Sunday I went to the cash-box for two 10l. notes for Henry—he had got sufficient, with the exception of the two 10l. notes to take tomarket—I did not go to the tin box that Sunday—I cannot say whether I saw any money in it between the Sunday and Wednesday—I do not know that there was 40l. in it—there might or might not be—there is often that amount in it—I do not recollect whether I saw that box between the Sunday and Wednesday—Henry generally takes up the money taken at night in the shop with him, or I might take it up—I cannot recollect.
Q. Was the maid-servant in the house at the time you found the bed-room door open? A. Yes—I had been up and down in the room next my bed-room that day, and on the landing at the press—my bed-room door was open while I was up and down—I went in and out—I locked the door when I came down to tea—that was past five o'clock—I have never said that the cash-box was safe at a quarter-past eight o'clock—I do not recollect any such thing—I can swear that I never said I saw the box, nor did I say it was safe at a quarter-past eight o'clock—I knew Birt, of Quebec-street, he is a milkman—I have no recollection of ever saying the box was safe at a quarter-past eight o'clock—I might have said the door was safely locked—I should not think I could have said the box was safe and forgotten it.
Q. Will you swear you did not tell Birt so? A. I will not swear any thing, because I have no recollection of it—I will decline swearing it—I will not swear any thing of the sort; because I do not recollect it.
COURT. Q. Have you a sufficient recollection of any conversation with him, to be able to say whether you did or not say so? A. I do not recollect any conversation of this sort—I might have had some conversation with him, people coming into the shop----
MR. DOANE. Q. Did you have conversation with him? A. He is so frequently in the shop, I often talk to him—I might have talked to him on the subject of the robbery—I have no doubt I might—I dare say I did—I talk to people who come into the shop—I have no doubt I talked to Birt about it—I will not swear I did not tell him the cash-box was safe at a quarter past eight o'clock—I have no recollection of it—I know George Garley, he is our shopman.
Q. Did you say to him that it could not be the prisoner, for it was safe, meaning the box, after be went out? A. No, I have no recollection of it—I do not recollect any thing of the sort being said to George—I will not swear I did not say it—I do not recollect any thing of the sort.
MR. CLARKSON. Q. Had you any means of knowing or forming any opinion whether the box was safe at half-past eight o'clock, or at any time, except from the circumstance of your finding the door open? A. No, I never went to the closet that day—I should not suppose we owed 100l. at the time of the robbery.
WILLIAM BRADER . I married the prosecutor's aunt—I am a pianoforte maker, in the employ of Broadwood and Sons, and have been so twenty-eight years—I have resided in the house in Quebec-street ten or twelve years, where the prosecutor carries on business—I am what they
term a finisher at Messrs. Broad wood—I go to work about ten minutes after eight o'clock, and return about seven o'clock in the evening—I recollect returning on the evening of the 9th of October, at seven o'clock—about ten minutes after seven o'clock, I went up to my bed-room—I found the door locked—I received the key from my wife—I remained in the bed-room nearly an hour—I had occasion during that time to unlock the closet-door—I got the key of it from my wife—I did not make any observation at the time with respect to the cash-box—it was usually kept behind some bottles on the bottom shelf—I went downstairs from the bed-room at the usual time, about ten minutes after eight o'clock—I am quite certain I locked the door when I went down—I also locked the cupboard-door, and took the keys of the cupboard and bed-room doors down stairs with me—my wife went up stairs a little after nine o'clock—she returned, and told me something, and I went up stairs, and found the bed-room door open—I examined the closet-door—it was fast—I opened it with the key—I instantly looked at the place where the cash-box was usually kept, and it was not there—the wash-leather which usually covered it was left there—the loss was made known to the police—I have not any connexion with the business—I am paid by Messrs. Broadwood according to the work I do—I earn from 2l. to 3l. a week—on Friday the 18th, a short time after the robbery, I went to Chubb's, in St. Paul's Churchyard, to purchase a Chubb's lock for the cupboard—that was in consequence of a conversation between Forrester, the officer, and me—I saw Mr. Davis, Mr. Chubb's foreman, and on the following day some of Mr. Chubb's men went to High-street police-office—Pierce, I know was there.
Cross-examined by MR. BODKIN. Q. You were a considerable time in your bed-room? A. Yes, about an hour—I went to the closet for a bottle—I dressed myself in my bed-room—the prisoner had been ten or eleven months in the prosecutor's service.
WILLIAM CLARK . I am shopman to Wright and Co., ironmongers, 253, Oxford-street. I have referred to our books to ascertain the time at which Mr. Porter purchased a cash-box at our house—it was on the 7th of December, 1837—I have the book here—I could not describe the box minutely—it was a tin one japanned—I cannot recollect whether it had any thing round the edge—I do not recollect the handle—it was charged eleven shillings—it was not paid for—I sold it myself, and made the entry in the book.
CHARLES PORTER . I am the prosecutor's younger brother. I slept with him in his room in October last—I have lived in the house with him nearly twenty-two years—I am twenty-two years old next February—we always lived together.
Cross-examined by MR. BODKIN. Q. Were you at home the day this happened? A. Yes, in the evening—I am not paid wages exactly—I receive some small sum half-yearly—there have never been any complaints of my being addicted to keeping late hours—I am always in by ten o'clock, if not before, and am always sober.
WILLIAM PIERCE . I am in the service of Mr. Chubb, a patent lock-maker in St. Paul's Church-yard, and was so in October last. I have an acquaintance named Britton—he was with me in my master's shop on Wednesday evening, the 9th of October—he came about half-past six o'clock.
Q. Look at the prisoner—did be come to your master's shop that Wednesday night? A. Yes, he did, between half-past six and seven o'clock, I think—he came in hastily, and brought a cash-box with him—he placed it on the counter, and said he wanted a key to fit it—I said we had no key that would fit it, for we never made two locks alike—at this the person who brought the box seemed surprised to think we had no key to fit it.
Q. You say "the person who brought the box," have you any doubt about this being the man? A. I have no doubt whatever, but I did not know I was justified in saying "the prisoner"—I have no doubt of him at all—I told him we never made two locks alike—he seemed surprised, and asked me what was to be done—I told him there was no alternative but to break the box open, and that I told him I could do if he pleased—I then asked him if he was the owner of the box—he said no, he was not, but told me the owner—the name I quite forget, but I think he mentioned the place in or near Judd-street, as where he came from—he then gave me the box, and desired me to open it—I said I could not open it unless I had a note from the owner of the box—he told me he had come some distance with it, and that some person was waiting until he returned, and it would put him to very great inconvenience, in consequence of his going back—these were not his precise words, but to that effect—I said I certainly could not open the box—what I had been saying to him put him a little out of temper, and I said perhaps we had a little more discernment in these matters, and I should not be justified in opening it without the owner—he then gave me the box, and asked me to take care of it until he returned—I took the box a distance of three or four yards, to place it in our fire-proof safe, to let him see it would be secure, and just as I was placing it in the safe he said no, he would take the box with him—I brought it back, and gave it to him, and he took it away—I did not notice the box particularly—I think I should know the size of it—it was about ten inches by five, or between five and six—I think it was wider than five inches—it was black japanned, and a gilt margin round the edge of it—I have brought a handle precisely of the description which I thought the handle was, and which I know it to be—(producing a common brass handle)—I cannot say whether it was a common lock, or whether it was our manufacture or not—I rather think something passed about a cab—I am not positive, but I think he said he had come in a cab—I do not think there was any appearance about his person as if he had been walking quick—Mr. Britton was sitting in a chair close by the door—I should say no one could possibly open the door without seeing Mr. Britton—I was afterwards sent for to High-street, Marylebone—before I was sent for there I had the dress of the person who came in my recollection—I called it to my memory within half-an-hour before I was called to appear at Marylebone—I cannot positively say what waistcoat he had, but he had a black body coat on, with a black satin long-ended stock with a union pin in it, that is, two pins chained together by a short chain—I described the person who came to Inspector Tedman in the waiting-room—at that time I had no knowledge whatever that a satin stock or union pin had been found in the prisoner's box—I did not notice his hair at the time he came—I remarked his appearance in the face—be was high cheek-boned, and rather flushed at the top of the cheek-bone—his hair was curled at the side, and was very dark—I afterwards saw a man named Dixon produced at the police-office—he was certainly not the man who came—there was
no resemblance of the man in him—the prisoner was not in custody when I gave the description to the inspector—he was sent for while I waited—when he came into the Magistrate's room he was dressed in a butcher's dress—he was called to the witness-box, and while giving his evidence the sitting Magistrate called on me to look at him, to see if he was any thing like the man who came to the shop—I said I believed him to be the man then—I felt fully satisfied he was the man then, but felt very tenacious of swearing to him in consequence of having his working-dress on—I was examined on the subject—the prisoner, upon that occasion, was allowed to go away on some recognizance—I mentioned Mr. Britton having been with me on that occasion—he was not before the Magistrate then—I went to the office again on the following Saturday—the prisoner was in attendance—he then came dressed, I think in a suit of black—when I saw him then I had no doubt he was the man—the Magistrate had on the first occasion desired him to appear at the next examination in his Sunday-clothes—(looking at a stock)—I did not think the stock he had on had any blue flowers on it, but still it is possible, from the position in which the prisoner stood at the time, (he stood before me,) that the stock might have had flowers on without my being able to discover them—it was by gas light.
Q. Look at the prisoner once again; on the oath you have taken, have you any doubt whatever that that is the man? A. I am still of the same opinion, and have been so all along—I have no doubt he is the man who came to St. Paul's Churchyard on Wednesday, the 9th of October.
Cross-examined by MR. SERGEANT BOMPAS. Q. What position was he in that you could not see the blue flowers? A. The situation he was in was close before me, and the gas light was close against him, which was I suppose six or nine inches above his face, so that the brim of his hat would certainly shade his front—I do not know that it would shade his neck-handkerchief more than his face—it is possible it might hide the flowers.
Q. How is it possible it would hide the stock more than his face? A. From the position he stood in while conversing with him he would certainly alter the position of his head many times, by which I can swear to his face—I do not mean he did not alter the position of his body, but I should certainly take more notice of his face than his stock—I do not swear to the stock—I swore to its being a black satin stock before this was produced to me—I have my doubts whether this is the stock—my belief certainly was that it was a plain black satin stock with a gold union pin—there are not thousands of union pins to be seen in the streets in London—I did not notice any thing particular in the pin to be able to swear to it—I do not say it was a common one—it was fashionable—I did not make a memorandum of this circumstance at the time—I made one on Saturday the 19th, when I was called on.
Q. What makes you swear it was Wednesday, and not Tuesday? A. Because I have several circumstances that perfectly satisfy me on the subject—I cannot swear no person came to have a cash-box opened within a week before, or within three or four days of the time—we do not frequently have people come to have boxes opened—sometimes we have, to have our boxes opened and others also—we have had some brought since to be opened—I can swear we had not any brought to be opened on the Thursday or Friday in the same week—I can say so from the manner in which I can account for my engagements on the various days between Wednesday and Saturday—I was not all the time in the shop—I was of an evening possibly from
five to seven o'clock—had a cash-box been brought to me to be opened within those days I certainly should have called it to memory when this circumstance was brought to light within a few days—I mean to say that I had no box brought to me—I cannot account for my engagements on the Monday and Tuesday before the Wednesday, because this occurrence has led me most minutely to examine into the circumstance of these two or three days, and nothing has led me. to look back further—I cannot swear I was not in the shop between five and seven o'clock on Thursday—I have not had occasion to consider what I had been doing on the Monday and Tuesday before—my attention has not been directed to it—my attention was directed to the Monday and Tuesday before the Wednesday before the Magistrate—at the time the question was put to me I had an opportunity of thinking whether I had or not, but at the present moment I have not had an opportunity of referring to my own mind to bring it to my recollection—I could refer back to the time then, and I can now if sufficient time is given me to consider—I could not at any time tell whether any boxes were brought to be opened on Monday or Tuesday.
Q. The name of Dixon has been put to you; will you venture to swear he did not bring a box to have it opened? A. No—I will not swear that he never came to have a box opened—I will swear he did not that week—I mean the week after the Wednesday—I will not swear, but to the best of my recollection, he did not come on the Monday or Tuesday, and I will swear most positively that he did not come on Thursday, Friday, or Saturday—I was in the shop part of Thursday, Friday, and Saturday—my engagements call me out in the course of the day—I was there all Thursday evening until eight o'clock—I cannot say whether I was there from four to nine o'clock—we leave at eight o'clock—I was there between five and eight o'clock—most likely I was there between seven and eight o'clock, but I will not swear positively—I will not swear I was there between five and six o'clock—I think I dare swear positively I was there between seven and eight o'clock—I think I was there between five and six o'clock, but I will not swear—I will not swear positively to between six and seven o'clock—I swear positively I was there between five and eight o'clock—I was certainly there some hours between five and eight o'clock—I can say the same of Friday—I cannot say positively I was there until eight o'clock on the Friday, for I was very poorly on the latter part of Friday, and do not know whether I went home earlier than common—on Thursday I was tolerably well—I was not at all poorly to my recollection—I should be justified in saying so positively, perhaps; but I was in such good health as not to notice that I was at all poorly—the box was offered to me on Wednesday—I took it into my hand—boxes of Chubb's manufacture have always been marked during the time I have been in the employ—I was asked for a key to fit it, not for a key to be made to fit it, but to open it—the question was for a key to open it—it might possibly be to fit a key to it—it was in my hand from one to two minutes, while walking three or four yards and turning back again—I said we never had but one key to a lock—that I could not open it, because we never kept a key to any lock of a box we sold—I think I was writing at the time—yes, I was writing—I did not use the term "inconvenience"—the prisoner did—I will not swear positively he made use of that word—I do not know that it was a different word—I cannot
positively say, but I think something was said about "the position you have taken"—I think the phrase was, "I admire the position which you have taken."
Q. Instead of "inconvenience," it was, "I admire the position you have taken?" A. I have not said so—I am not positive he did not make use of the word "convenience" in the conversation as well—it is possible the words, "I admire the position you have taken," might have been used instead of "convenience"—I do not know that I said any thing after that, because, in the first instance, he made use, it appears, of the same phrase, and I said we had rather more discernment than he had, and he then made use of the words you have stated—I did not understand him in the first instance, and I then said, "We have more discernment than you"—he then repeated the words again, so that I understood him—it was after that conversation I had the box given to me—Britton was about four yards from me, sitting close to the shop-door—there is only one counter—there is just room for one chair to stand between the door and the counter, and it was there Britton was sitting—I was writing close by where the prisoner came and stood by the counter, nearer to the house than the street—the safe is about four yards farther in than where I stood—the person would be about four yards from Britton, and the safe was about double that distance—I was not writing on a desk, but on the counter—I did not say any thing to Britton, while the person was in the shop—Britton remained sitting all the time—the person was in the shop I should suppose from five to ten minutes—it was between half-past six and seven o'clock as near as I can tell—I can swear to the prisoner—I will not say it is impossible to make a mistake in a person, but I could never have a person stand before me and have such a conversation as the present without making particular observation.
Q. You did not notice the neck cloth to discern the flowers? A. When I talk to a gentleman I look him in the face, invariably.
Q. Can you swear to any one person that came to have a lock opened before this? A. No; I did not say persons frequently came to have locks opened—I said sometimes, not frequently—I do not think I am justified in making an average at all, but if I was to say about once a fortnight, it would be a fair average; but perhaps not so often as that—they generally bring the box and want it opened, but I never before had a circumstance which caused an altercation.
Q. But you did not know there would be an altercation in this case? A. No; but it did end in an altercation, and I noticed the person more from the circumstance that we did enter into an altercation—I do not mean to say that I quarrelled with him, but it was a slight altercation; so much so that it induced Mr. Chubb to leave his office at the back—Mr. Chubb came into the shop while he was there—I have said so before—he came into the shop at the time the prisoner was there—I did not say so before I went before the Magistrate, because the first time I went before the Magistrate, was the time I was called on to give evidence, and I had no time to name the circumstance—I can say that I did say so to Mr. Davis, the senior clerk, previous to our going before the Magistrate in the first instance, he and I conversed about it—I believe Mr. Chubb was at Marylebone office, but he has never been called upon—I was examined three times before the Magistrate, the first examination was on a Saturday—I was brought up again on the following Saturday, and I think the next was on
a Thursday—Mr. Chubb was not examined at either time—he was present at one examination—the prisoner was called by the Magistrate, put into the box, and then I was asked to look at him—I had been in the office some time before, during the whole time that he gave in his statement what he had to say on the subject—he was called into the witness-box, and examined—I dare say he was sworn—he gave an account of where he had been on the evening in question, before I was called on to look at him, but I had looked at him a great deal before I was called on—all the time he was undergoing examination—the Magistrate called on me to look at him—be had not a black coat on at that time—the account the prisoner gave was in presence of the Magistrate—I suppose it was in the witness-box—I heard him sworn—the woman was at that time in custody, and the soldier was brought up—he had been out on bail—the first day I was examined before the Magistrate, was the second Saturday after the Wednesday, it was the 19th of October—I cannot say what neckcloth he had on at that time—he appeared in a butcher's dress—I cannot swear what neckcloth he had, but I think a lightish one—I cannot swear whether it was black or white—I did not observe it.
Q. I suppose you had no reason to pay attention to him, had you? A. Yes; my attention was arrested directly he entered the witness-box—I do not recollect what colour his neck-handerchief was—I do not think his hair was darker than it is now, but I have observed that he has not had so much hair at one time as at another—his whiskers were certainly more than they are now—I think considerably more, but I cannot see him now very well—I think he had more whiskers then than now, but I will not swear it—I do not know that I have ever said the colour of his hair was darker at one time than another—I do not think I have—I am not positive, but I do not think I have, for there is a preponderance on that side—if I was led to suppose there was or was not, and thought strictly on the subject, I should say certainly I have not—I do not think I have said his hair was darker at one time than another.
Q. When you were first examined, had you heard of a reward of 100l. being offered? A. Yes; at that time I had—that was the first time I had seen the prisoner since Wednesday the 9th—I believe I was there before he was sent for to the office—I think he was sent for while I was undergoing my examination—I have been at Mr. Chubb's about a year and a half—I am shopman and collecting clerk—Britton is a druggist by trade—at the time I knew him he was carrying on trade at Biggleswade, and it was there I became acquainted with him—that is four or five years ago—I am not aware that he has ever carried on business in London—I do not know what he was at the time the transaction took place—I think he was in business in the country—I know he had come to town that day from the country—I am not positive whether he is in business now or not—he has been in business at Wellingborough—I believe he was in business there then—I had not seen him some time before that day—I saw him after for a few minutes on Saturday the 12th—I do not know whether I saw him again previous to the following Saturday or not—I am not certain—I saw him I know on the following Saturday, on the Saturday evening after my first examination before the Magistrate—that was Saturday the 19th—whether I had seen him or not between the 12th and 19th, I do not know—I am not certain—I think I had seen him in that week, but I cannot say how many times—I do not think I had seen him three times—I will
not swear I had not seen him five times, but I do not think I saw him more than once or twice—I did not see him five times in that week—I will not swear I did not see him three times—he was first examined on Saturday, the 26th, I think—I cannot say how many times I saw him between Saturday the 19th and the 26th—I do not think more than once—I swear I did not see him five times in that week—I never saw him five times in London in one week since I have known him—I saw him on the Saturday night after my first examination—I am not certain that I saw him again on the Wednesday, but I think I did—I will not swear that I did not see him more than once between the two Saturdays, nor that I did not see him three times—I saw him in the office on the Saturday morning before I was examined the second time—I did not see him at any time but at the office—I met him in the office—that was the first time I saw him that day—I never talked to him about my examination before the Magistrate—I told him I had been examined—I did not tell him what I had said—I mean to swear positively I never entered into a minute detail of what I said before the Magistrate—it is possible I might have told him part of it by way of conversation—it is possible I might tell him—I will not swear I did not—I believe I told him I had had an investigation, and I partly perhaps told him—it would naturally suggest itself to tell him what had taken place, as he had to appear, but my evidence I did not tell him, but it appeared on the Monday in the "Times," so that if he wanted to get at it he could have it—I told him he had to appear on the next Saturday, which was my commission from the bench—I told him I had been examined about the person coming into the shop, and I dare say I told him I had fixed on an individual, but I am not positive—I have some doubt about it, or I should be positive—I told him a person was produced—I do not know that I said he was servant to Mr. Porter—I will not swear I did not—I do not know that I told him the description I had given of the person—I will not swear that I did not, to the best of my recollection, I did not—I did not tell him about the stock and pin—nothing passed about them at that time—that was on Saturday the 19th of October, the first time I was examined—I will swear that I did not speak to him about the black stock before he was examined—I never named to him about the stock previous to his first examination, I swear that—I do not know whether Britton identified him by the stock—I saw Britton in the office before be was examined—I had not then seen the prisoner that day—I saw the prisoner before Britton was examined, because I saw him at the time of my own examination, which was before Britton's—Britton saw the prisoner in my presence before he went into the box—I did not talk with him at that time on this subject—not a word about him—not a word about identifying the man—I am not aware that I spoke about the union pin to Britton previous to his examination—I do not think I did—I will not swear I did not—I will swear I did not speak to him, certainly not any thing about the stock, nor yet the pin, that I feel quite positive of—I did not say a word to him about the stock and pin before his first examination.
Q. Where did you see him on the Wednesday night between the two Saturdays? A. I think he called in—yes, he did call in, I know—I said, "I think," to give me an opportunity of considering—I think he was only with me a few minutes—he had been somewhere in Fleet-street,
and called in—I am not positive he was not there half-an-hour—I will swear he was not there two hours—I do not think he could have been there half-an-hour, or any thing like it—I never remember his being in the shop an hour in my life—he had only been there a few minutes before this transaction happened on the Wednesday, and staid a few minutes after—he might be there half-an-hour altogether perhaps—I did not know at that time where Britton was lodging in town—I first knew where he was after his first or second examination—I am sure that was the first time—he called in St. Paul's Churchyard, on the Saturday on which I was examined, and it was there I told him he would have to be examined—I did not ask where he lived at that time, and did not learn, and I do not know where he lives now—I have his written address at home—it is somewhere in Liverpool-road, I know—I have written one note to him, that is all the occasion I have had to refer to his address—I do not think he has been in London ever since—I think he has been in the country several times—he has been at his place of business since—he tells me so.
MR. CLARKSON. Q. Look at this key—(producing one)—and tell me whether it is one of Chubb's keys? A. No, it is not—Mr. Chubb does not sell any cash-box at so low a price as 11s.—I had not the slightest knowledge whatever of the person I was to see afterwards, when I gave the description to Inspector Tedman—Dixon was called as a witness for the prisoner before the Magistrate, and Mr. and Mrs. Whitford also—they were examined on his behalf—I had been poorly about the Friday, after the 9th of October, for two or three days at different times—I was certainly worse on Saturday afternoon, the 12th, and I went home earlier than usual—I think I left about four o'clock—I am positive it was before five o'clock—I did not return at all that evening—I saw Dixon before the Magistrate.
Q. On the oath you have taken, did you ever see that man, Dixon, on that Saturday? A. No, I did not—he was brought to me on Wednesday evening, the 30th of October, by Mr. Whitford—Mrs. Whitford was not with them—that was the first time I ever saw Dixon to my knowledge—I have no knowledge whatever that I ever saw him before.
COURT. Q. But it is possible you might have seen him at your shop? A. It is possible I might have seen him, but I do not remember ever seeing him before—I will not swear that I might not.
MR. CLARKSON. Q. You say your first examination was on Saturday, the 19th? A. Yes, and I was again examined on Saturday, the 20th—I saw a publication of what passed before the Magistrate on the Monday after the 19th—Mr. Dixon and Mr. and Mrs. Whitford were produced after my examination on the 19th—I have been about a year and a half with Mr. Chubb—before that I was with George and John Dean, ironmongers and cutlers, in King William-street, for nearly three years—before that with Mr. Rogers, a silversmith at Halifax, six months, whom I left in consequence of ill health, and before that with Mr. Powers, an ironmonger at Biggleswade—I think I was with him upwards of three years—it was the first situation I had after leaving my father's house at Dartford, Kent.
COURT. Q. Do you know anything about Dixon and Whitford's volunteering themselves as witnesses? A. They came forward, but before they appeared in the witness-box they were called forward to give evidence—I
believe they were there voluntarily—I do not think they were subpoenaed—they were examined by Mr. Phillips on behalf of the prisoner—I think they were called by the Magistrate's clerk—they were called separately into the witness-box—I do not know who gave their names to the clerk—I saw them in the office before they came into the box—I did not hear any one of them come forward voluntarily of his own accord—they were called on separately to come forward—they were not there accidentally, because they had been to me once or twice on the subject.
MR. CLARKSON. Q. Before Mr. and Mrs. Whitford appeared at the Magistrate's, had they been to your master's house? A. Yes, and had produced a cash-box—that was not the same cash-box that I had from the prisoner.
JOHN BRITTON . I am a chemist and druggist, but am not in business at the present time. On the 9th of October last I was residing at No. 3, Liver-pool-road, Islington—I am a friend of Pierce's—on Wednesday evening, the 9th of October, I went to Mr. Chubb's—I was there twice that evening—I was there between half-past six and seven o'clock—while I was there the prisoner came in—Pierce was there at the time—he walked in—he had a cash-box in his hand—he addressed himself to Pierce—I was near enough to hear what was said, and attended to it—he was conversing with Pierce about five minutes, during which time I had a full opportunity of seeing his features—the prisoner first asked Pierce to unlock the box—Pierce asked him if he had lost the key—on finding he had, he said it was part of the excellency of the patent that they professed, not to make two locks alike—on which the prisoner requested him to break it open—I believe the next question was, Pearce asking him if he was the owner—the prisoner answered in the negative—Pearce said he could not break it open without a written order from the owner—on which the prisoner said, that would be very inconvenient, or words to that effect, as he had come some short distance, and that he had to make a payment out of the box, and he should have to return, to get the written order—the remark that particularly drew my attention was the prisoner's saying he saw the position to be right which Pierce took, m refusing to open the box—Pierce said, "We have rather more discernment"—the prisoner said, "You misunderstand me; I say, the position you have taken I see to be right"—Pierce said he would do so, on reflection, or words to that effect—the prisoner offered to leave the box till he got the written order—Pierce had the box in his hand—the prisoner came towards me, and before he got within a yard of me he said, as the box would have to be opened he would take it with him, and he returned and took it with him.
Q. Have you ever seen a man named Dixon? A. A person who said his name was Dixon—I first saw him at one of the examinations at High-street—I never saw him at Mr. Chubb's shop—he is not at all like the prisoner.
Cross-examined by MR. SERGEANT BOMPAS. Q. Then you knew Pierce before? A. Yes—I did not tell him I was carrying on business when I was in town—I did not tell him I was carrying on business in the country while I was in town—I was not carrying on business at that time at Wellingborough
—I was not in business then, nor am I now—I have not left town from time to time since this, to attend to business of my own.
Q. You told Pierce, did you not, that yon were out of employ? A. I do not know that I told him that evening particularly—while I was in town he knew I was out of business—I do not say I told him particularly that evening that I had relinquished business—I have known Pierce about three or four years—I knew him at Biggleswade—I have seen him since then at Dean's, in Monument-yard—I relinquished business towards the latter end of September—I have carried on all branches of a country chemist and druggist's business—I have not been any thing immediately unconnected with the business—I attached the grocery business at Wellingborough, in connexion with the druggist's—I gave up business at Wellingborough about the latter end of September—I did not carry on the business of a grocer at that time—I cannot say exactly when I gave up the grocery business—I have been unfortunate—I never took the benefit of the Insolvent Act—I have never been a bankrupt.
Q. Have you compounded with the creditors? A. I do not know what composition will be offered—it depends on the sale of private property—I have not paid my debts yet—I have called my creditors together—they have been informed as to the condition I was placed in—there was never a meeting at which I met them—a solicitor was sent to them—I assigned my property to trustees for the benefit of the creditors about the latter end of September—Wellingborough is about twenty-one miles from Biggleswade—I gave up business at Biggleswade three years last June—I was not unfortunate there.
Q. Why give it up if you were thriving there? A. There is a difference between unfortunate and thriving—I gave it up because I thought I could better myself where I was surrounded by my own relatives—I have been at Wellingborough about three years last June—I sold tea there—I did not act as a doctor—I did not visit patients—I do not know that Pierce knew where I lived when I was in town—he knows where I reside now—he has not been to see me since I have been in town this time—whether he has called when I was out I do not know—I saw him on the night of the 19th of October, the night of his examination, at Mr. Chubb's, in St. Paul's Churchyard—he told me he bad been to give information concerning the presentation of the cash-box there—he related to me what passed before the Magistrate, but not before he had asked me questions—I do not know that he told me word for word what passed before the Magistrate—he gave me some account of his information—this was some time on the Saturday evening—I occasionally called to see him at Mr. Chubb's while I was in town.
Q. Now, on the Wednesday when you say you saw the prisoner, did you notice what stock he had on? A. I cannot say whether it was a stock or neck-handkerchief—to the best of my recollection it had long ends, but I will not swear whether it was a stock or handkerchief, or whether they were long or short ends—I will not swear I did not catch my eye on part of his shirt, and I will not swear that I did—I will not swear to any thing of the kind—it was a dark neck-handkerchief—I will not swear whether there was any union pin in it or not—he stood opposite the lamp, and near the lamp at times—he walked about a pace or two, backwards and forwards—he did not stand exactly opposite the lamp all the time—he was near to it at some times—I will not swear it was near him
all the while he was showing the box—it might be at some time—it was nearly opposite to his face at the time he was talking to Pierce about the box—it might be exactly opposite at some time—to the best of my belief I think it was at some time—while he was looking Pierce in the face it was not behind him—if he turned his back to it it was behind him—the best part of the conversation I should say he was looking Pierce in the face, not exactly staring him in the face, but as one man would look at another during conversation—the lamp was very near him then—it was not exactly opposite him as I know of all the time—to the best of my recollection the lamp was placed on the counter—the prisoner stood during the best part of the time near the lamp—at some part of the conversation it might be he was before the lamp looking Pierce direct in the face—at another time he might be looking at another part of the shop, not exactly at Pierce—to the best of my recollection the lamp was between him and Pierce—it was on the counter, against the desk—I think it was a gas light—I cannot say whether it was fixed or moveable—I believe it was a fixed gas light, but 1 will not swear it—Pierce was on one side the counter, the gas light on the counter, and the prisoner on the other side—to the best of my recollection that was the position of it—the light was between Pierce and the prisoner—it was between them some part of the time—he did not stand in one position the whole time—he moved a few paces nearer to me—I think the lamp was higher than this one—(one fixed in the Court)—to the best of my recollection it was higher than this from the counter—I should say it was six inches higher than this from the counter—I was there when the person came in with the cash-box in his hand.
Q. Did he go straight up to Pierce with the cash-box in his hand to ask him to fit a key to it? A. I do not know that he put the cash-box exactly in Pierce's hand, he might have laid it on the counter—Pierce was standing at the counter—he addressed himself first to Pierce—he asked him to unlock it—the question was to open the box—he gave an intimation to unlock it by a key, not to break it open—I will not swear whether it was to fit a key, or to unlock it—I am sure he meant to unlock it, not to break it open—he was there two or three, or three or four minutes, perhaps, before he said he would leave it and go and get an authority—Pierce then took the box towards the end of the counter, and, at the request of the person who brought it he gave it back—I was sitting down all the. time—he took it out of the door with him—this was on Wednesday—I next saw Pierce on the following Saturday, the 12th, at Mr. Chubb's shop—I was going to Islington at the time—I mean the Saturday immediately following the Wednesday.
Q. Did you see him between that Saturday and the next? A. To the best of my recollection I did—I think not more than once—it might be twice—I am not prepared to swear whether it was once or twice—I do not think it was more than twice, but I will not swear it—be was examined on Saturday the 19th, and again on Saturday the 25th—I saw him I think three times between those two Saturdays—I called for him, to the best of my recollection, on Monday night, and walked with him nearly to his lodging, to the best of my recollection—I cannot say where his residence is exactly—it is in Hoxton I believe—it is called Hoxton—it is near the new church, Hoxton, I believe—it is not three or four miles from Mr. Chubb's—it is perhaps about twenty minutes or half-an-hour's walk—I
did not see him on Tuesday or Wednesday—to the best of my recollection the next time I saw him after Monday night was Thursday morning—I cannot swear I did not see him on Wednesday—I could almost swear it—I saw him on Thursday rooming, at Mr. Chubb's, but not for five minutes—I did not walk out with him then—I did not see him on Friday—I met him on Saturday, at High-street, Marylebone—I think we met in High-street, or whether we met in the office I do not know—we met at the appointed time of meeting, on the Saturday—that was not the first time I saw the prisoner after this transaction—I had seen him between the time of the transaction and the time I saw him at the office, at Mr. Porter's shop, in Quebec-street—I was not taken there to identify him.
Q. How did you happen to go? A. I went on purpose.
Q. On purpose to see him? A. To see him—I did not know it was him—I had heard from Pierce that it was a servant of Mr. Porter's that was charged, but I did not know I should see the prisoner—I went to see if, according to my own opinion, it was the person who presented the cash-box—to the best of my recollection it was on the Tuesday morning following, the 19th of October.
Q. Pierce had told you, had he not, that he had sworn to a servant of Mr. Porter's? A. He had not sworn to him I believe then—I think he told me he had not sworn to him—he was to see him again—he told me on Saturday night that the case was adjourned till the following Saturday—he told me he had not sworn to him—be did net tell me any particular reason for that—I should imagine it was because he was not confident it was him—I do not know—I don't think I saw Pierce on the Tuesday I went to Mr. Porter's—it was on Monday evening I saw him, and walked with him to Hoxton, and next morning, I went to Mr. Porter's—Pierce did not tell me to go there—I did not tell him I should go.
Q. How did you know where Mr. Porter lived, did Pierce tell you? A. I saw the hand-bills and placards.
Q. With the 100l. reward offered? A. I saw the hand-bills.
COURT. Q. Do you mean the hand-bills offering the reward? A. Yes.
MR. SERGEANT BOMPAS. Q. And then you knew where Mr. Porter lived—that told you? A. Why, it was printed on it?
Q. When you walked partly home with Pierce on this Monday, had you a little conversation about what took place on the Saturday; did you talk with him about the business? A. It might have been mentioned, but very slightly—I saw the placards on the Saturday night, at the time Pierce was talking to me about it—Pierce showed it to me—I did not tell Pierce whether I would or would not go to look after the person—not a word passed between me and Pierce about my going to Mr. Porter's—I cannot recollect whether I told him I had been there before I went before the Magistrate or not—I swear I do not remember whether I did or not on the Thursday when I called on him—I do not remember whether or not I told him I had been to Mr. Porter's or had seen the person—I never told the police officers I had done so—I told my cousin who was with me at the time—his name is Glenn—he lives at No. 3, Liverpool-road—he is the person I have been with since I have been in town—Pierce knows him—he has seen him—he is not intimately acquainted with him—he knows him by sight, and has had a few words conversation with him.
Q. Where did you first see the prisoner on the examination on Saturday the 26th? A. To the best of my recollection, in the outer office—I was
satisfied in my own mind he was the man—I had no one with me then to point him out to—the police officers were not with me—I did not see them to my knowledge—they were not in the room where I was—there were police officers waiting about the Court, but to my knowledge neither Tedman or Seal, who are connected with this affair, were there—Pierce was not with me in the outer office—I cannot recollect whether we passed through the outer to the inner office, or whether we went in at the private entrance—I am not prepared to say now—I saw the prisoner first in the outer office—I did not go into the inner office directly.
Q. Did not you meet Pierce in High-street, and go together into the outer office? A. Not at the time I first saw the prisoner—I think I had been in the office before I saw the prisoner—I do not know whether he was there before me—the office was nearly full—I cannot say whether I had been inside and came out again, or not, but the first time I saw him was in the outer office—I do not think Pierce was with me in the outer office at all—I will not swear it—to the best of my recollection, as I said before, we did meet in High-street, but he was not with me at the time I first saw the prisoner—I do not know that I pointed him out at all—I had no one to point him out to—I did not point him out to Pierce, or to any one else, to the best of my recollection—I did not point him out to the officers, or any one else—I did not point out that I knew him—I cannot say whether 1 ever told Pierce I had been to Mr. Porter's or not—I might have told him since—I think I have told him—I cannot swear it—the strong impression of my mind is that I have, but I will not swear it—I will not swear whether I ever did or not, because I am not certain—to the best of my recollection I never told any policeman that I had been there—I believe my cousin who went with me is not here.
Q. Did you ever tell any body else that you went to Mr. Porter's? A. Yes; the conversation took place where I live, and I told them of course—my cousin and his wife—to the best of my recollection I did not tell any of the policemen.
MR. CHAMBERS. Q. Did you go to Mr. Porter's with your cousin? A. I did—I did not see the prisoner there the first time—I went again about half-an-hour after, and the prisoner was then there—he was in his working dress in the shop, not alone—I think Henry Porter and another person were with him when I saw him in the shop—I was persuaded he was the man who presented the cash-box—I went to High-street police office on the following Saturday, and again saw the prisoner in the outer office—the office was nearly full of persons—he was dressed quite different then to when I saw him on Tuesday, but I recognised him—I was positive to the fact—when he came with the cash-box he had on a dark dress-coat, I think they call it, and dark trowsers—I think the coat was black—at all events it was very dark.
Q. In respect to the coat, was he dressed the same as the prisoner was on Saturday? A. I cannot swear to a shade or two, but it was dark—I believe the lamp in Mr. Chubb's shop is at the end of the counter towards the bottom of the shop, but the height I cannot say—Pierce was near the lamp—I have not a distinct recollection of the height of it from the counter—the shop was light at the time the man came in—when he left the cash-box with Pierce, he came, I should say, within a pace or two of where I was sitting, which was at the top of the counter in front of the shop against the door—I went into Bedfordshire after I was examined on the Saturday
—the first time I arrived in town I did not come direct from Wellingborough—I came up on the Wednesday morning, the very day the cash-box was presented.
(MR. CLARKSON declined calling further evidence, not being able to prove that the cash-box brought to Mr. Chubb's was the prosecutor's, nor to trace any of the property to the prisoner, or show that he was in possession of money.)
NOT GUILTY .
Fourth Jury, before Mr. Sergeant Arabin.
MR. CLARKSON conducted the Prosecution.
CATHERINE BYERS . I am the wife of Thomas Byers, who keeps the Life Guardsman public-house, at Knightsbridge. The prisoner came into our service on Monday, the 11th of November, and left last Saturday week, when the policeman took her away—she was to have 9l. a year—we had her character from the Licensed Victuallers' Protection Society—she came on Monday, and asked my leave on the Friday or Monday after to go and fetch her clothes, as when she came she brought nothing but what she had on, except an old bonnet box—she returned the same evening in a cab, and brought a new trunk—on the Saturday after I heard my husband had lost some money, and I said to her, "Mary, your master has lost his purse, have you seen it?"—she said, "I have seen master give change"—I said, "When did he give change?"—she said, "In the parlour"—I said, "To whom did he give change?"—she said she did not recollect whether it was in the parlour or at the bar, but she had not seen it since—on the Saturday she was given into custody—that was three weeks after she came to the house—I saw her box when she was searched—she was present, and threw the things out of the box herself—she came to a piece of paper among the things, she rubbed it up in her hand, and the policeman said, "What is this? I must know"—she said it was a piece of wedding-cake—he took it out of her hand with great difficulty, and when he had undone it, it turned out to be a sovereign and a half—there was a pair of new boots on the table—she persisted in it that she had never bought any thing since she came to our house—I said, "Mary, there is a new pair of boots, and I saw yon with a new pair on"—she said, "Did you, ma'am, I had them before 1 come to your place."
Prisoner. Q. Did I ask you for any money when I came to your house? A. I advanced you a shilling—I said it is usual for my servants to pay for things at the bar as they have them, and if you have no money I must advance it for you—she said nothing to that—she never paid me the 1s.—when she was going out she had a bundle in her hand, and said, "This is a gown I was obliged to borrow, I am going to take it back."
THOMAS BYERS . I keep the house—the prisoner was in our service. On the 14th of November, about eleven o'clock at night, I went up to bed—I took my coat and waistcoat into my bed-room—I hung them over the end of the French bedstead—in my waistcoat-pocket there was a scarlet silk purse, with thirteen sovereigns in gold, and there might be half-a-sovereign—I missed the purse on the 16th, the Saturday following—Mrs. Byers getting up first, I always consider she takes my money and locks it up—so on the 15th when I got up, I thought nothing of its not being
there, but on the Saturday I wanted change for some cheques, and found the purse and money had been stolen—I searched my pockets, and all round the bed-room—I did not wear the same coat and waistcoat again—I found the coat and waistcoat on the 16th in a drawer, where I keep my clothes, folded up and put away.
COURT. Q. Then you never wore the waistcoat after putting it on the bed? A. I did not wear it on the 15th or 16th—our house is very much frequented by Guardsmen—it was my dwelling-house, and is in the parish of St. Margaret, Westminster.
THOMAS BYERS re-examined. I keep three servants, one girl, a pot-boy, and an odd man to run errands—I lock my bed-room door night and day—I am very particular about it—it was opened for the prisoner to make the bed—she was the only one that had access to it—I had only a nine or ten days' character with the prisoner, from the Skinners' Arms, Clerkenwell, but they had had a nine months' character.
JOHN LEWIS . I am Mr. Byers' odd man. On the Saturday after the prisoner was engaged, she gave me a sovereign to get change for her—she took it out of her apron-pocket—I got her change at the bar, and next week she applied to me to do the same thing—I got her change for another sovereign, and I got change for half-a-sovereign for her the following week—she told me her grandmother had left her 50l.
Prisoner. Q. What did I say to you? A. To get change, and you would pay for half-a-pint of gin for me—the gin was brought into the tap-room, and I helped to drink it—she told me her grandmother in Ireland bad left her 50l., and said, "I will not spend it all yet, but we will have a spree, Jack, before it is done"—she did not tell me she wanted the change for a parlour customer.
Prisoner. It was merely said as a joke about the fortune.
SOPHIA GRUMBY . I live in Green-street, Theobald's-road. I have known the prisoner between four and five years—she had lived with a publican in the same street with me—the last time I saw her was in Hyde-park fair, till she came to me last Monday four weeks, and sent my grand-daughter up to ask me to go with her to buy a few things—I went with her to Mr. Frith's, in Lamb's Conduit-street, and she purchased a cloak, two gown-pieces, two bed gowns, a merino gown, and thirteen yards of calico for shifts, and 12 yards which was a remnant—she spent between 3l. and 4l., I reckon, and paid in gold—I had never seen her with so much money before, and I reproved her, and asked her where she got it—she said her master had advanced her a quarter's wages, and somebody else had lent her 2l.—she took the gold from a red or maroon purse—it was a silk one—after that I went with her to Mr. Denham's, in Theobald's-road, to buy a bonnet—she paid 14s. for it—I could not see whether she paid for it in gold or silver, and she bought a trunk in Theobald's-road for 7s.—I should know the trunk again—this is it—(looking at it)—here are some of the things in it, which she bought that day—all this passed that morning.
SARAH STRINGER . I live at the school-house at Knightsbridge. I know Mr. Byers—while the prisoner was in his service she came to me, three weeks ago last Thursday, and asked me to go with her to buy a pair of boots—she went to a shop very near Sloane-street, and bought a pair for
4s. 6d.—she changed a sovereign—the week after I went with her to Mr. Harvey's, the linen-draper, at the corner of Sloane-street, and bought three aprons for 3s. 3d.—she paid a sovereign for them—I went with her the same evening to buy some caps and several articles, which came to 15s. 5d.—she paid for them in silver—on the Saturday I went with her to the same shop, to buy a pair of stays for 11s.—she changed a sovereign to pay for them—she said her parents, who were living in Iceland when they were alive, had left her the money—these are the boots and the apron she bought.
MRS. BYERS re-examined. These are the boots she said she had bought before she came to our service.
SARAH SPEEDY . I live at No. 117, Cromer-street, Brunswick-square, with my brother. On the 22nd of May the prisoner came into his service, and staid about four months, or four months and a week—when she came she had no money—my sister advanced her money after she had been there two days to buy clothes, for she had scarcely any thing to wear, we were ashamed to see her, and I have given her clothes—when she left, 7s. were due to her.
RICHARD HILL (police-constable T 134.) In consequence of information I received I went to Mr. Byers's house last Saturday week—Mr. Byers said he had lost a quantity of money, and on account of the prisoner's buying a quantity of things, he suspected her—she said she was innocent, and had not taken the money, that she had bought no new clothing since she had been there, and she had got nothing but what she worked hard for—Mr. Byers said Lewis had changed money for her—she denied it—Lewis was called in, and and he had changed two sovereigns and a half for her—I went up stairs with her and Mrs. Byers, and examined this large trunk—the prisoner took the things out—they were nearly all new clothes—I noticed something in her hand—I wanted to take it from her, and she. said it was nothing but a bit of wedding cake—I got it from her, and found two sovereigns and a half wrapped up in paper—when the things were found in her box she said she had bought them of a tallyman, at No. 6, Field-lane, Holborn, and her friends had given their word for her—I have been to No. 8, Field-lane, and there is no tallyman living there.
Prisoner's Defence. I am quite innocent of the charge.
GUILTY . Aged 22.— Transported for Ten Years.
337. CHARLES EDWARD CHAUNT was indicted for stealing, on the 28th of November, at the Liberty of the Rolls, 1 bag, value 6d.; 5 franc-pieces, value 12s. 6d.; 8 half-francs, value 3s. 4d.; 8 sovereigns; 1 half-sovereign; and 4 half-crowns; the property of Phillip Martineau and others: 1 purse, value 6d. the goods of Edward Trollope: 1 snuff-box, value 2s.; 1 watch-chain, value 2l.; two seals, value 15s.; 1 penknife, value 6d.; 1 guinea. 4 shillings, and 9 groats; the property of William Glide, in the dwelling-house of Phillip Martineau and others; and afterwards, about the hour of eleven o'clock in the night of the same day, burglariously breaking out of the same dwelling-house.
MR. CHAMBERS conducted the Prosecution.
ORSON BARNES . I am a clerk in the employ of Messrs. Phillip Martineau and two others. One of the clerks dwells in the premises in Carey-street—-the firm do not pay taxes for the house I believe—on Thursday night, the 28th of November, 1 went out about a quarter-past nine o'clock—I turned the gas off and let go the bolt, and that fastened the door—the
desk which was afterwards opened, did not belong to me, but to Mr. Glide, one of the clerks—I did not notice it—I had put a canvass bag, with eight sovereigns, one half-sovereign, and four half-crowns into a little drawer in the iron safe on that night—I put the key of the little drawer in my pocket, and the key of the iron safe in a drawer of a desk close by—I have frequently seen a green purse—I put it in the drawer of the iron safe myself in the early part of September—it contained 3 five-franc pieces and several small French coins—I arrived at the office about ten o'clock next morning—the safe had then been opened—papers were lying about the floor, and the little drawer was quite empty—the purse was gone and the bag containing the money—the purse belonged to Mr. Trollope, one of the partners—I found two or three bunches of keys on the floor—the policeman tried them and one of them opened the little drawer.
WILLIAM GLIDE . I reside in the house. I came home about ten minutes to twelve o'clock on the night in question, and let myself in by the latch and door-keys—the door was not open—the latch-lock and the large lock were both fastened—I opened them—the cellar-flap, which leads to the coal-cellar was open—you cannot get from there to the office—when I went into the office, I found the gas full on—it is always usual for the last clerk who leaves to turn it out—I went into the outer office and found my desk turned up and all the contents thrown over—I looked into a little tin case in my desk and missed a George III. guinea, a small German silver snuff-box, a gold chain, and a paper containing new shillings, sixpences, and fourpenny-pieces, amounting to about 10s.—I went into the inner room and found the iron safe open, the left hand drawer out, and the contents gone—some papers were strewed about, and three bunches of keys on the floor, with the contents of the drawer laid over them—one of the keys opens the drawer of the iron chest as easily as the right one—the key of my desk was lying on the desk—the key was not in the iron chest, but placed on Mr. Martineau's table in his room—it was usually kept in a small side drawer—I lost a penknife from my desk.
WILLIAM WELLESLEY MEDDLECOTT . On Saturday, the 30th of November, about half-past one o'clock in the morning, the prisoner and two other boys came to Bow-street—the prisoner charged one of the boys with assaulting and robbing him—there was a boy who accompanied the prisoner, and another who was in custody—the other boy desired me to ask the prisoner what he had done with the silver snuff-box he had in the morning—the prisoner said it was not silver, it was only German silver, and that he had lost it in the scuffle which had recently taken place in his room—he said he had lost four half-crowns also—I told him to let me search him, and see what he had about him, perhaps he had not lost them—I found on him four half-crowns, one shilling, 5 1/2 d. in copper, three duplicates, and two silk handkerchiefs—I asked him where he lived—he said, in Salutation-court, Broad-street, St. Giles's—I sent George Bird there, and he returned to the station-house with this green silk purse, with five sovereigns, one half-sovereign, one guinea of George III., three fivefranc pieces, and eight small coins—he also brought a canvass bag with 1s. 6d. in it—I asked the prisoner where he had got the gold—he said he had saved it from his earnings—I asked him about the foreign coins—he said they had been given to him by his father—I asked him about the purse—he said he bought that in Holborn about two months previously.
Conolly, on the night in question, at No. 1, Salutation-court. St. Giles's, and brought them to the station-house.
WILLIAM CONOLLY . I keep a lodging-house in Salutation-court, Broad-street, St. Giles's. The prisoner lodged with me from the Monday till the Friday before the 30th—I got the things I gave to Bird from the prisoner's hands—some boys were attacking him, which led to his giving them to me—on Thursday night, the 28th of November, or Friday morning, he came home, about one o'clock—at that time he had not paid me any thing for his lodging—when he came home that night, he paid me 1s. 4d. for two nights' lodging—he pulled out a canvass bag, which seemed to have plenty of money in it, but I could not see what—I asked what made him so late—be said he was a dancer at a minor theatre, and that was the way he got his living.
EDWARD TROLLOPE . This is my green purse—I have had it some time, but the slide and tassel I have had six or seven years—my house is in the Liberty of the Rolls—we pay the rent, and my clerk lives in it to take care of it.
GEORGE COLEMAN . I am a master sweep. The prisoner was in my service for six years and four months—he left me in June—while he was with me I did work at Mr. Martineaux's, in Carey-street—he often went there—I know nothing of his being a dancer at a theatre.
GUILTY . Aged 17.— Transported for Ten Years.
338. CHARLES GREEN was indicted for feloniously receiving of a certain evil disposed person, on the 29th of November, 100 lbs. weight of cane, value 1l. 5s., the goods of Samuel Crowder, well knowing it to have been stolen; against the Statute, &c.
SAMUEL CROWDER . I am a cane merchant, and live in Sun-street, Bishopsgate. I may have seen the prisoner before this happened, but not to know him—a person called at my house, and gave me information, which led me to go down to the witness Smith, who, my informant told me, was buying property which was stolen—Smith was not at home—I left my card, and he came to me the same evening—I had some conversation with him about this cane—after going to two or three places, he took me to a cellar, where the prisoner (who is a basket-maker) was at work—this was last Friday week—the prisoner was called up—I said, "I have come to you about this cane you have been selling to Smith, I want to know where you got if"—he said he could not tell the man he got it of, that it was brought to his house, and that the man was a stranger to him—I said, "You must know who the man is"—he said he could not tell me, he did not know him, but if I would let it stand over, the next time the man brought any he would stop him—I said, "That will not do for me, I must know; will you go with me, and see if you know any of my men?"—he said he would rather not, he was busy—I said, "I shall insist on your going"—he said, if that was the case he would go—he came down to my house, and I had all my men called up—he said, it was none of them that he received it from—I sent for a policeman, and gave him into custody—after taking him before the Lord Mayor, he discharged him, on condition that he should go back with me to my house and see the men again, but I found
it was half-past twelve o'clock, and said, "The men are all gone to dinner, it is of no use, will you come again in the afternoon?"—he said he would, but he did not—in the afternoon I heard Harris had brought some cane—I went to him, and found a bundle which I can identify, and I found more at Middlebrook's.
Cross-examined by MR. PAYNE. Q. He saw all your men the first time? A. He did—the Lord Mayor allowed him to go, on condition of his trying to find the man he bought it of—there was quite an understanding that he was to go back with me—I had him taken into custody next morning—I am certain the cane is mine, by the manner in which it is tied up, and by the quality of it—I did not miss it at all—I should not miss a ton of it, but I am certain it is mine—I never expressed a doubt of it.
WILLIAM SMITH . I am a cane-merchant, and live in Gloucester-terrace, Mile-end. I have known the prisoner five or six years as a basket-maker—he came to me on the evening of the 29th of November with about 20lbs. weight of cane to sell me—I asked him bow much it was—he said 1 1/2 d. a pound, and I bought it of him—I also bought 28lbs. weight of him next morning—I asked him how he came by it—he said he had it from a fisherman—I afterwards delivered the cane to Mr. Crowder—I said to the prisoner after I bought it, that the cane looked like Crowder's—I cannot recollect what he said—I might have said he would be found out at Christmas, when they took stock—I said, "If Mr. Crowder takes stock, you will get into an awkward predicament, and take care of Christmas"—he said he should go on till Christmas, and then leave off.
Cross-examined. Q. How much did you give? A. 1 1/2 d. a pound—I cannot say how much it is worth—I have bought it before for 1 1/2 d.—I cannot say whether it is worth 3d. in the trade, it may be—there are so many judges—I bought one bundle of him before I had any suspicion—I bought one bundle on the 29th, and one on the 30th—I particularly desired him not to bring me any more—my man was present and weighed it for me—I have been in the business fourteen or fifteen years—I buy a great deal at less than 1 1/2 d. per lb.—I have bought it at three farthings and five far-things, good enough for our basket work—this is certainly better.
JOHN CHRISTMAS . I work for the last witness. I remember the prisoner coming on the evening of the 29th—he called in the morning first and brought a bundle of cane, and said he was going mending—he called at eight o'clock in the evening, and master bought what he had left, which was about 20lbs. weight for 2s. 6d., I believe—I was not present next morning when he called—on the 3rd of December I was present when he called, and master said he would rather have no more, he did not think it was all right (he had come to ask when he should bring another bundle)—he said he bought it at a fair price, it was brought to him in broad daylight, and he did not care for any one—Smith said wherever it came from they would miss it when they took stock at Christmas—he said he should leave off buying at Christmas—I told him, myself, I thought it was Crowder's stock.
Cross-examined. Q. Did not Smith say to him, "We know where it comes from, we know it is Crowder's?" A. Yes, on the 3rd of September, and he said he gave a fair price for it—he said be should leave off buying at Christmas, or before then.
any questions—it was found on my premises by Mr. Crowder, just as I bought it.
Cross-examined. Q. How much a pound did you pay? A. 1 1/2 d.—it is not worth 3d. to my knowledge—I do not buy much cane—I did not think I had got a very good bargain—I did not like it much—I never paid more than 1d., five farthings, and 1 1/2 d.—it is cane which does not suit our work.
SAMUEL MIDDLE BROOK . I am a basket-maker, and live in Red Lion-street, Spitalfields. I bought a parcel of cane of the prisoner on the 5th of September—I asked where he got it—he said he bought it for his own use, but was going to work at Mr. Mullins's, and had no further use for it—I gave him five farthings a pound for it, which he said it cost him.
Cross-examined. Q. Is it good cane? A. Not so good as we could wish—I have bought better at the price—we buy all the rubbish, which does for our work.
MR. CROWDER re-examined. I have not the least doubt this cane was stolen from me—we never sell it under 3d. a pound—it is all 3d. cane—there is no inferior quality among it—I cannot tell how it got off my premises.
NOT GUILTY .
WILLIAM CHILDS . I am a beadle of the Tower. On the 13th of December, about ten minutes before eight o'clock, I was on Tower-hill, and saw the prisoner pass me with a coat over his shoulder, and a paper in his hand like a bill—I saw him turn his eye, and look at me, and suspecting what he had was not his own I followed him, and saw him roll the paper up in his hand, and put it into his pocket—I followed him to Rosemary-lane—he kept looking back at me—I went up, and asked what he had got—he said, "Two bladders of lard"—I said, "Where did you get them?"—he said, "In Thames-street," that he bought them of a hawker—I asked where he worked—he said, "For Mr. Reynolds, in Thames-street"—I asked him to go there with me—he said no, they would know nothing about them—I said, "If you bought it in the street it is a plant on you; you had no business to buy things in the street"—I took him back to the prosecutor's.
Cross-examined by MR. FRENDEROAST. Q. Have you inquired about the prisoner? A. I have—every body gives him a good character.
CHARLES MORTLEY . I am warehouseman to Edward Reynolds, of tipper Thames-street. The prisoner has been in their employ eight weeks as porter, and was so at the time in question—I cannot swear to the lard—it is impossible to do so, having no private mark on it—Mr. Reynolds bought a certain quantity of lard on the 1st of November, and when the prisoner was brought to us we counted them, and found two short, but when we open a cask of lard we frequently find bladders short, and bladders over—I have found ten over, and I have found two short—we miss two by the number on the invoice.
Q. Is this your writing? (handing him his deposition) A. Yes—(the witness's deposition being read, stated, "We miss two bladders of lard similar to these two produced, from our warehouse")—I cannot say that these correspond with what we miss—I told the Magistrate I could not swear to it
further than by the invoice there were two short—I did not say I could swear to them.
GEORGE MORTLEY . I work with my father at the prosecutor's ware-house. On the day in question, about half-past seven o'clock, I saw the prisoner at the warehouse door below where the bladders are kept, and I left him there.
Cross-examined. Q. You left him where he ought to be, did you? A. He was taking down the shutters—that was his business.
GEORGE LOTON . I am porter to Mr. Reynolds. I was at the premises about half-past seven o'clock on this morning—the prisoner came to the house about half-past seven o'clock—he left me there, I did not leave him there—I did not see him take away any thing—he was doing the work of the morning in the warehouse—the bladders stood in the tierces in the warehouse—I did not watch him.
NOT GUILTY .
NEW COURT.—Wednesday, December 18th, 1839.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 43.— Transported for Seven Years.
GUILTY . Aged 18.— Confined Three Months.
342. HENRY MANNING was indicted for stealing, on the 2nd of December, 1 pair of boots, value 12s.; 1 knife, value 2d.; 2 yards of tape, value 1d.; 1 whetstone, value 2d.; 1 file, value 2d.; and 6 nails, value 1/2 d.; the goods of John Shirvell; to which he pleaded
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 30.— Confined Six Months.
344. JOSEPH GARDNER was indicted for stealing, on the 28th of November, 1 sheet, value 4s.; 2 petticoats, value 5s.; and 1 frock, value 3s.; the goods of Harriet Goldfinch; and that he had before been convicted of felony.
HARRIET GOLDFINCH . I am single, and live in Hyde-park-place, Vauxhall-bridge. I left a sheet, two petticoats, and a frock, about four o'clock on Thursday, the 28th of November, on a line to dry—I afterwards missed them—these are them—(examining them.)
MATTHEW MOORE (police-constable B 83.) I was on duty in Brewer-street, on the 28th of November, and met the prisoner, the moment he saw me he threw down this bundle, and ran away—I am sure he is the man.
Prisoner. Q. What can you swear to me by? A. I have repeatedly seen you—I have not the slightest doubt of you.
GUILTY . Aged 19.— Transported for Seven Years.
345. ELIZABETH DUNKS was indicted for stealing, on the 11th of December, 4 saws, value 1l.; 2 paring-knives, value 12s.; 6 barometer cisterns, value 1l. 16s.; 1 pair of compasses, value 1s.; and 1/2 lb. weight of lead, value 2d.; the goods of John Page.
JOHN PAGE . I am a turner, and live in Peter-street, Saffron-hill. On Wednesday morning, the 11th of December,, between three and four o'clock, I was called out of bed—I went to my back yard, and found these saws and paring-knives lying on the top of the water-tub-—I went to the station-house, and there saw these six barometer cisterns and other articles, which are mine—they were in a shop, which was not locked.
THOMAS HARDY . Between three and four o'clock on the morning in question, I heard a dog bark—I went down, and heard a crash, as if tiles were breaking—I got a policeman, and got on the tiles, and drove some-body out of the door, as we supposed, but saw no one.
Prisoner's Defence. I found them on the dust in the yard, when I went into the water-closet.
GUILTY . Aged 23.— Confined Six Months—The Last Week Solitary.
346. ELIZABETH CROZIER was indicted for stealing, on the 1st of November, 1 sheet, value 4s.; 13 yards of silk, value 2l. 5s.; 1 printed book, value 1s.; and 3 yards of flannel, value 4s. 6d.; the goods of William Richard Chipperfield.
SUSANNAH CHIPPERFIELD . I am the wife of William Richard Chipperfield, a harness-maker, living at Uxbridge. The prisoner boarded and lodged with us—she assisted us in packing our things when we were going to remove—I have missed a sheet, some flannel, a book, and other things—I was present when a box of hers was searched, in New Gravel-lane, where she still lodged with mi—the sheet and book were found there—she had no right to use them.
JOHN FREDERICK EDWARDS (police-constable K 115.) I searched the box—the prisoner was not present—it contained these things, and the prosecutor identified them—I took the prisoner, and asked if she had a box at New Gravel-lane—she said yes, she left one there—I asked if she knew about the sheet and things—she said, "No"—we have not been able to trace the silk.
Prisoner. I throw myself on the mercy of the Court.
NOT GUILTY .
347. ELIZABETH CROZIER was again indicted for stealing, on the 11th of November, 1 shawl, value 17s.; 1 pair of decanters, value 1l.; 3 bowls, value 3s.; 14 weights, value 3s.; 3 ornaments, value 4s.; 1 table-cloth, value 2s.; 2 towels, value 6d.; 1 printed book, value 2s.; 1 warming-pan, value 7s.; and 1 basket, value 1s.; the goods of William Richard Chipperfield.
GUILTY . Aged 40.— Confined Six Months.
MARY HUNT . I live in Gower-place, Euston-square. The prisoner worked for me—I missed two table-cloths, two sheets, and one spoon, on the 30th of November—I spoke to her about them—she said she had not taken them—she afterwards told me she had only taken one pair of sheets and a spoon—these are my things—(looking at them.)
LOUISA BELLINGER . I am the wife of a confectioner in Oxford-street. The prisoner brought me two tickets of two table-cloths, and said they belonged to a poor woman in the country—I bought them of her, and got them out of pawn—I never lost any thing by her—she has worked for me.
(The prisoner pleaded poverty.)
GUILTY . Aged 27.—Recommended to mercy by the Jury and Prosecutrix.— Confined Three Days.
349. MICHAEL HENNESSEY was indicted for stealing, on the 8th of December, 1 pair of trowsers, value 5s., and 1 pair of braces, value 1s., the goods of Charles Butler: 1 handkerchief, value 1s. 6d.; 1 half-crown, 5 shillings, and 1 sixpence, the property of Charles Frederick Rathan.
CHARLES BUTLER . I am a carpenter, and live at the Adam and Eve public-house. The prisoner was billeted on my mother—he belonged to the 12th Regiment of Foot, and slept in our house—I lost a pair of trowsers and braces—these are them—(examining some)—they were in a drawer in my bed-room, which was not locked.
CHARLES FREDERICK RATHAN . I am pot-boy at the Adam and Eve public-house. I lost 8s. and a silk handkerchief—one of the shillings I can swear to—it was found on the prisoner—it appears to have been buried—the half-crown and 6d. I lost are not found—this is the shilling—I know it was in my box in my bed-room where the prisoner slept—my box was not locked.
Prisoner. Q. What time did you examine your money? A. On the Saturday afternoon, between four and five o'clock—I missed it at one o'clock on Sunday, after the prisoner was gone—I left him in bed when I got up on Sunday morning.
JOHN EATON (police-constable S 193.) I went after the prisoner, and found him at the Star steam-packet office, near London Bridge—he was going to Chatham, where some of the regiment lies—I asked if he did not sleep at a public-house—he said, "Yes, the Adam aid Eve"—I told him what I wanted him for—he said, "Very well, I will go with you"—I searched his knapsack, and found the trowsers and braces, a purse, and 8s., and this shilling was among it.
Prisoner's Defence. Three of our men were detained, I had to go to Chatham to go to the Isle of France, and this was my subsistence money which was taken from me—I acknowledge to having the trowsers, but the money is mine—I have been two years in the regiment—I went to bed about seven o'clock, and at half-past eight I went away—the door of the room was not locked.
GUILTY . Aged 34.— Transported for Seven Years.
ANDREW BROWN . I am a sailor, and live in Mill Dock, South Shields. About ten o'clock on the 14th of December, I went to the White Swan public-house, Ratcliff Highway—I met the prisoner, but did not know him—we got in conversation—he said he came from the Baltic, and had no money—I called for something to drink and eat—I fell asleep—I had two sovereigns, I changed one, and put the silver in my trowsers pocket—the other sovereign was in my waistcoat pocket—I cannot tell how long I slept, but when I got up I went out to the comer of Union-street, and missed my money—I came back and asked about it—it was produced afterwards.
HENRY POWELL . I was in the Swan public-house, and saw the prisoner sitting by the prosecutor's side, trying to awake him—I asked what business he had with him—he said he was a shipmate of his—I said he had better be off and let him sleep to make him sober—not long after that I was at another bench, and the prisoner crossed over to me and offered to toss for a quartern of gin, which I won—he went down, and brought up half-a-pint of gin, and offered to treat the girls that were with me to brandy or anything—the prosecutor afterwards came back and said he had lost a sovereign.
HENRY PETER ROW . I was in the public-house, and saw the prisoner sitting by the side of the prosecutor, between ten and eleven o'clock—he kept shaking him—he had his elbow against him, and kept putting his hand to his waistcoat—I told him to let him lie—he said he wanted to take him home—I found he did not know him, and asked how he could take him home.
Prisoner's Defence. I met this man, and went into the White Swan public-house—he asked me if I had money—I said, "No," on account of ten or twelve prostitutes being there, but I had a sovereign in my pocket all the time—he asked me to have a share of a pot of beer—I sat opposite to him, and he fell asleep—I then bought some gin, and went to the King William public-house, where they came and took me.
GUILTY . Aged 19.— Confined Six Months.
the 30th of November, about half-past five o'clock in the afternoon, I was coming up St. John-street-road—I turned my head, and found the prisoner and another man had taken a sack off the cart—they were William West's oats and sack—I stopped the horse and went after them—they let go the sack, and ran away—they were taking it away—I am sure the prisoner is the man—he ran down Brunswick-street, where there is no turning, and was taken—the sack contained four bushels of oats.
Cross-examined by MR. BALLANTINE. Q. Who is Mr. West? A. He lives next to the Horse and Groom public-house, Upper Holloway—I fetched the oats from the wharf for him—they had been bought for him—the prisoner was about a yard from the back of the cart—I saw no one take it from the cart—it was pretty dark, and rather foggy—there were three gaslamps near where the prisoner ran—he turned and looked at me about twenty yards from the cart—I think I have seen him before—I saw the other man's face, but I should not know him again—I charged no one else with this—a crowd gathered when I hallooed "Stop thief"—I know it was oats as I saw them put into the sack—the other man ran away, but he ran straight forward.
THOMAS PHILLIPS . I was in John-street, and heard Novell call out "Stop him"—the prisoner was the only one running—I went after him—he went down Brunswick-street and pulled off his frock, and came back—I am sure he is the man.
Cross-examined. Q. Had you the advantage of three gas lamps? A. Yes—it was a fine clear night—I caught him, and gave him into custody—I did not ask whether he was the man.
FREDERICK CHAPEL (police-constable G 221.) I took the prisoner, and found a round frock under his arm—he said, "It is not me"—I said, "What made you run away?"—he said, "Because you should not think it was me."
JURY to ELEA NOVELL. Q. Did you see the prisoner have hold of the sack? A. Yes, he was then about two yards from the cart—I stopped the horses, and then they put it down and went off—when they got to the gas-light, they turned and looked at me—the sacks were standing up in the cart—the tail-board was not half-way up the sacks—the side of the cart is higher than the tail-board—the tail-board was upright—it is not likely the sack would fall out—the one taken was the one nearest the tail-board—I lost sight of the prisoner—when I first saw him he had a smock-frock on—when I saw him again he had not got it on.
COURT. Q. What sort of a cart was it? A. A dung-cart. It was impossible for the sacks to have tumbled out—the tail-board would have kept them in, as it was quite safe—the sacks were about four inches from it—they were upright, and rather inclined to lean forwards—I was going towards Holloway—there was wet on the ground—I took up the sack—there was no appearance of its having been dirty, other than the side where it was thrown down.
MR. BALLANTINE. Q. Would there have been any difficulty of reaching one out? A. No—I will swear there was no dirt, except on one side, or I should have felt it—I did not observe it particularly—I will not swear that the other side was not as dirty as the one on which it had fallen, nor that the upper side was not dirty, but if it was I should have seen it.
GUILTY .* Aged 28.—- Transported for Seven Years.
WILLIAM PATTERSON . I keep a tobacconist's shop in Hand-court, Holborn. About eight o'clock, on the 15th of December, from information I received, I went and found the prisoner at the window—I supposed him to be amusing himself with a straw he had in his hand—he was looking at the boxes—in a few minutes he left, and passed me as I stood at the side-door—I did not suspect he had robbed me—I went to the window to see what could have attracted his attention, and to my surprise I found a space of about six boxes vacant, they had been taken through an aperture which had been made accidentally—I went after him, but could not see him—I came back and went into my sitting-room—about half an hour after, I heard some boys cry out, "You Bob, with your hand in the gentleman's fob"—I went out, walked up the court, and saw the prisoner with four others—they then parted towards Red Lion-street, and from thence to Holborn—I met a policeman and told him, he took the prisoner—he told me the prisoner threw a box down, and I took it up—in going along he exclaimed he had thrown something out of his pocket—a light was got, and a china bowl was taken up, which was broken—this box and this bowl are mine, they were taken out of my window.
Prisoner's Defence. I was coming down—I saw this snuff-box on the ground—I was going home, and the policeman took me.
GUILTY . Aged 18.— Transported for Seven Years.
JAMES BURDEN . I keep the King's Head public-house, East Cheap. In February last, the prisoner came and asked for a bottle of port wine—I served her—she asked for change for a sovereign, with a half-sovereign, which I laid on the counter—she then said she wanted an inferior sort of wine, and while I was looking for it she walked out of the house with the half-sovereign—I have very little doubt she is the person, but I will not swear to her.
NOT GUILTY .
JOHN SIELY . I keep the Duke's Head public-house, in Whitechapel. At a quarter to seven o'clock, on the 26th of November, the prisoner came in and called for a bottle of port wine—I went into the cellar, fetched it up, and placed it on the counter—she said, "Can you oblige me with change for a sovereign, and give me a half-sovereign?"—I placed a half-sovereign on the counter—she took it up and said, "I want a bottle of soda-water"—I placed it on the counter—she said, "I am sorry to give you so much trouble, it is a pint of wine I want"—I said, "Give me the sovereign you want to have changed"—she said, "I think I have silver enough"—I said, "You have my half-sovereign"—she said, "I have no sovereign"—I snatched the purse out of her hand, and found in it the half-sovereign
I had seen her put in, and 1s. 6d.—she ran out, I followed and brought her back, and gave her in charge.
Prisoner. The half-sovereign was not in the purse, it was in my hand.
Witness. It was in the purse.
GUILTY . Aged 20.— Confined Nine Months.
WILLIAM DYKER . I am shopman to Walter Brown Pretty, a linen-draper, in Goswell-road. About six o'clock on the 13th of December, a lady gave me information—I ran out, and saw the prisoner on the opposite side, running with this flannel—I cried, "Stop thief!" and she immediately threw it down—she was taken immediately after—I am sure she is the person—this is the flannel—(examining it)—it had been inside the door.
Prisoner. I leave it to the mercy of the Court.
GUILTY . Aged 19.— Confined Three Months.
356. CHARLOTTE DORLEY was indicted for stealing, on the 15th of December, 1 bonnet, value 5s.; 2 pairs of stockings, value 1s. 6d.; 2 petticoats, value 2s.; 1 cloak, value 5s.; 1 apron, value 6d.; 1 bed-gown, value 1s.; and I shirt, value 6d.; the goods of Henry Brett, her master.
HENRY BRETT . I am a gun-maker, and live in Mortimer-street, Marylebone—the prisoner was my servant. On the 15th of December I and my wife left the house about one o'clock—we returned about seven o'clock, and the prisoner was gone—I missed these things.
JANE WATERS . On the 15th of December the prisoner brought two bonnets, and some other things to me—she told me she had left her situation, that her master and mistress had been quarrelling and fighting, and her mistress had given her this cloak and bonnet in the room of wages—she had tea with me, and we went out in the evening to a beer-shop—we were there a short time—her sister came in and called her out—I soon after went out, and saw her sister crying, and she told me the things were stolen.
JOHN BURT (police-constable S 88.) About eleven o'clock I took the witness Waters—I took the prisoner at half-past two o'clock, and found on her this cloak, bonnet, and apron—the other things were at Waters's.
(The prisoner received a good character, and the prosecutor engaged to take her again.)
GUILTY . Aged 17.— Confined Three Days.
357. RICHARD SMART was indicted for stealing, on the 1st of November, 4 watch-wheels, value 2s. 6d.; 4 watch-pinions, value 2s. 6d.; and 1 portmanteau, value 3s.; the goods of William Charles Price: 2 watchmakers' tools, value 9d.; 1 watch-dial, value 2s.; 1 watch-frame, value 5s.; and 1 watch-barrel, value 2s.; the goods of George Dent, his master.
WILLIAM CHARLES PRICE . I am a watch-maker—I work with Mr. Dent, in St. John-street. I missed the portmanteau about a fortnight ago—I saw the watch wheels safe about four months ago—the prisoner worked at the same shop—these arc my wheels and portmanteau.
Cross-examined by MR. PAYNE. Q. Had you ever let the prisoner have this portmanteau? A. No—I cannot say whether he was in the habit of taking it with his clothes—it was in Mr. Dent's apartment—I never allowed him to have it for any work he did for me—he never pledged some bolts and pinions for me—I swear that, and that I never said I would serve him out, and be revenged on him—I do not know Eliza Susan Furniss—I know the prisoner's sister—I kept her company—I was married at that time, and she knew it—I was living away from my wife—I did not tell her if she gave up my company I would serve her brother out—I did not say so in Easter-week—I do not live with my wife now—the prisoner was intimate with me and Mr. Dent—we never went fishing together, nor to any public-house—I do not remember Mr. Dent giving up the prisoner's indentures—he ceased to serve him as an apprentice about the 11th of November.
Cross-examined. Q. Were they never given to the prisoner to make a boat to go by watch-work? A. Certainly not—I and Price were very intimate—I treated the prisoner with respect—he was my apprentice—when taken before the Magistrate I said he was so, but he absented himself from me for about five weeks—on the 11th of November I had given up all claim to him as an apprentice, and given him a paper to that effect—I had two persons in the house of the name of Simco—no young woman—I do not know how long the prisoner had been living at his father's house when I charged him with taking these things—I went with the officer, on the 6th of December, and found him there—I asked where the portmanteau was, and he pointed out where it was, and the wheels were lying openly about—the portmanteau was not concealed—he first said Mr. Price lent it him to go fishing, and then he said to take his clothes home, but I have seen him come in, and have never seen him bring it in—he has brought his clothes in a blue handkerchief—the whole of this property is worth about 1l. 12s.—I can swear to these articles, which are mine.
Cross-examined. Q. I believe you asked him where the portmanteau was, and he went down below and pointed it out? A. Yes. MR. PAYNE called
ANN SMART . I am the prisoner's sister, and am in the service of Mrs. Ellis, of Goswell-road. I was living at my father's previous to my going to service—I remember the prisoner having a portmanteau there—I saw it eighteen months ago—he used to bring it home to take his clothes in—I know the witness Price paid attention to my sister, and my father did not hold with it, he being married, and having a child.
JAMES SMART . I am the prisoner's brother. I live with my father at Britannia-row—I have repeatedly seen this portmanteau in our place, for two years—it used to come backwards and forwards repeatedly—be used to take it when he went fishing, to put his provision in—he used to bring it home on Saturday night, and take it back on Sunday—I have seen these wheels about at my father's—my brother was making a boat to go by wheels.
ELIZA SUSAN FURNISS . I am the prisoner's sister—I am the wife of Mr. Furniss—I was married last September—previous to that Price had paid attention to me—my father forbid him to come when he found he was married—Price said to me in the Easter week that if I gave up his company he would serve my brother out.
NOT GUILTY .
358. WILLIAM GRAY was indicted for stealing, on the 1st of December, 1 pair of trowsers, value 5s.; 2 pairs of socks, value 2s.; 1 shirt, value 4s.; 20 pieces of canvass, value 8s.; and 1 pint of mustard seed, value 4d.; the goods of James Gulley.
JAMES GULLEY . I am a labourer, and live in Field-lane, Saffron-hill. The prisoner lodged in the same house—the articles stated were in a bundle locked up in the cupboard of my room—I saw them all safe on the Friday and missed them on Sunday morning, the 1st of December—on that evening some of the articles were produced to me by Estcott, but the trowsers and shirt have not been found—as the officer was taking the prisoner to the station-house, I was walking behind—he said he would make a compromise with me—his father would work night and day-to make it up rather than he should go to prison.
WILLIAM ESTCOTT . I live in Field-lane, and am servant to Mr. Nightingale—the prosecutor and the prisoner slept there. I found a bundle of these things on the landing of the stairs after there had been a noise about it—there are about twenty lodgers there.
NOT GUILTY .
First Jury, before Mr. Common Sergeant.
JURY. Q. Have you sold it? A. I may, but I am not aware that I have.
NOT GUILTY .
NOT GUILTY .
361. JOHN MAPHAM was indicted for stealing, on the 16th of December, 7 1/2 lbs. weight of tobacco, value 1l. 10s.; 3lbs. weight of snuff, value 12s.; and 3 cannisters, value 1s.; the goods of Francis Lloyd and others, his masters; to which he pleaded
GUILTY . Aged 52.— Confined Three Months.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 19.— Confined Six Months.
364. CHARLES BRIDGES was indicted for stealing, on the 15th of December, 7 shillings; 1 sixpence; 1 groat; and 4 pence; the monies of James Swaine, from his person:—also, on the 15th of December, 1 bag, value 1d., 5 sovereigns, 2 half-sovereigns, 4 half-crowns, 30 shillings, and 40 sixpences; the property of James Swaine; to both of which he pleaded
GUILTY . Aged 19.— Confined One Year.
365. JOHN WILLIAMS and WILLIAM BROWN were indicted for stealing, on the 4th of December, 6 feet of lead pipe, value 3s.; 2 ball cocks, value 6s.; the goods of George Farmiloe, and fixed to certain buildings: and two knives, value 6s.; 2 forks, value 4s.; and 1 metal cock, value 1s.; the goods of Amelia Lovell. 2nd COUNT, stating them to be the goods of George Farmiloe, and not stating them to have been fixed.
GEORGE RICHARDSON . I live in Lansdown-place, London-field, Hackney. On the 4th of December I was called to examine the premises, and I found the lead pipe had been cut from the water-butt—about four feet of pipe and the ball cock were taken away—they were the property of George Farmiloe, my landlord, and were fixed—I saw the pipe which the officer brought fitted to what was left, and I think there is not a doubt that it came from there.
SARAH HARRISON . I am servant to Mrs. Amelia Lovell, of Lansdownplace. At half-past seven o'clock in the morning of the 4th of December I came down stairs—the water was running away, and the brass tap had been cut off—we missed two knives and forks and a beer-tap—the police-man brought the articles—they are Mrs. Lovell's.
ROBERT PAINE (police-constable N 247.) I was on duty on the 4th of December at half-past three o'clock in the morning, and met the prisoners about one hundred and fifty yards from the prosecutor's house—as soon as they saw me they turned and went back—I overtook them and asked what business they had there—they said they had been out drinking—I found this pipe on Williams, and these other things on Brown.
William's Defence. I kicked against a bundle—these things were in it—I gave my fellow-prisoner part of them.
WILLIAMS*— GUILTY . Aged 20.— Transported for Seven Years.
BROWN— GUILTY . Aged 24.— Confined Six Months.
WILLIAM BAKER . I am in the service of William Graves, the Muswell-hill and Hornsey carrier. I took an order to Mr. Bowerbanks, of Sun-street, Bishopsgate, on the 13th of December, about half-past five o'clock, and received six gallons of spirits of wine in a hamper—I placed it behind my cart, and tied it with a cord—it was to go to Mr. Morrison, in Hornsey-road—I saw it safe when I was at the White Horse public-house, in Fore-street, Cripplegate—I then went to Whitbread's brew-house, in Chiswell-street—I went into the brew-house with two sacks, and when I came out the hamper was gone—I had left a boy with my cart.
Cross-examined by MR. BALLANTINE. Q. It the boy here? A. No—I have been twelve months with my master—Mr. Morrison employed me to get this—I took the empty bottle from him—he would have had to pay us 8d. for doing this.
WILLIAM HAY WARD . I live in King's Head-court, Lower Whitecross-street. About half-past five o'clock on the 13th of December I was in Whitecross-street, and saw the prisoner carrying this hamper towards Lower Whitecross-street, from the direction of the brewery—I followed—he placed it inside the lobby of a public-house, and stood before it—he then ran—an officer followed him—I went back and secured the hamper—I am sure he is the man.
Cross-examined. Q. How far were you from him? A. Three or four yards—he was ten or twelve yards from the brewhouse.
JOHN STAINS (City police-constable, No. 389.) I was on duty in Beech-street, and heard a cry of "Stop thief"—I looked, and saw the prisoner running, closely pursued by an officer—I overtook, and secured him—the officer came up, and said, "That is the man, I will go and look after the property"—the prisoner denied all knowledge of the basket.
(The prisoner received a good character.
) GUILTY . Aged 32.—Recommended to mercy.— Confined Three Months.
JAMBS RICHARDS . I live in the Horseferry-road, Westminster, and am a butcher. On the 14th of December the policeman brought some mutton, which I examined—I could not swear to it—I suppose it was mine.
Cross-examined by MR. BALLANTINE. Q. How many breasts of mutton had you? A. I had only two on the board—I had not missed it before the policeman brought it back.
JOHN FREDERICK BOHN (police-sergeant B 11.) On Saturday night, about twelve o'clock, I was in Horseferry-road—I saw the prisoner take a breast of mutton off the prosecutor's show-board, and run away with it—I caught him in my arms, and took him back with it.
Cross-examined by MR. BALLANTINE. Q. You were close to him? A. About twenty yards off—I never lost sight of him—he was quite sober.
GUILTY . Aged 19.— Confined Six Months.
RICHARD PHELPS . I am carman to Matthew Pitman, a coal-merchant, near Fitzroy-square. I had a pair of reins on a horse in the Horseferry-road on the 11th of December—while I was away for about five minutes they were taken off the horse.
six o'clock that evening—I stopped the prisoner in Castle-lane with this pair of reins—Phelps has identified them.
GUILTY . Aged 84.— Confined Six Months.
JOHN CAMROUX . I am a fancy painter, and live in Half Nichol-street, Bethnal-green. I gave Frederick William Walker, my nephew, a shilling to get some treacle—I went after him, and found him in Church-street—I went with him to Christopher-street, Bethnal-green, and the prisoner was given into custody.
SARAH WHITTEN . lam a widow, and live in Christopher-street. About eleven o'clock, on the 15th of December, I went to No. 1, Christopher-street, where the prisoner lives with his mother—I heard his brother say, "Mike has found a shilling"—I said, "He is lucky"—his brother held it to me—I saw it—it was a new one—I jinked it on the table—I went out, and my daughter said a little boy had lost a shilling—I came down again—I saw the mob, and the prisoner's mother said, "This is the woman that I gave the shilling to"—I said, "Yes, it was a new one."
HENRY COTTON (police-constable H 60.) I went to No. 1—I saw the prisoner and his mother there—the prisoner said be had not been out of the house at all—his mother said, "Yes, you have; you brought this shilling home to me"—Whitten was present, and she said she jinked it on the table—the little boy pointed the prisoner out from five others, and said, "That is the boy that took the shilling from me"—the prisoner's brother was there—he is rather taller than the prisoner—I said, "Is not this the one?"—the little boy said, "No, it was the prisoner."
(The prisoner received a good character, and a witness promised to employ him.)
GUILTY . Aged 14.— Confined Four Days.
RALPH HART . I keep a broker's shop in Peter-street, Holborn. On the 9th of December the prisoner came to my shop-window, and asked the price of a picture—I told her—she went away—she came in ten minutes, and asked the price again—I said, "I have told you," and she went away—she came a third time, and pointed with one band to the picture, and with the other she took this necklace—I came round, and said, "You have stolen a necklace"—she said, "I have not," and at the same time she threw it on the ground and walked away—I picked it up and took her—she did not examine it—she did not take it to look at.
Prisoner's Defence. I did not take it at all—it fell down—I did not have it in my hand.
GUILTY .** Aged 13.—Recommended to mercy by the Prosecutor. Confined Three Months—The last Week Solitary.
371. WILLIAM BLISS was indicted for feloniously receiving, of a certain evil-disposed person, on the 30th of November, 7 sacks, value 2s., the goods of Josiah Wilson, well knowing them to have been stolen; against the Statute, &c.
I have lost, in the last three months, from fifty to one hundred sacks—the two sacks now produced are mine—they have my name in full on them.
Cross-examined by MR. PHILLIPS. Q. Have you been in the habit of selling old sacks? A. No, I do not know that I ever sold any, or allowed them to be sold—I am sure of that—it is not true that I might have sold them within the last two years—the Magistrate asked if I had not sold any within a month or so, and I said, "No, not for the last two or three years"—this is my hand-writing to this deposition—I have not sold any sacks within the last two years—I said so—he asked me for a certain time, and I I said two years—I have a man named Hagger—he is at work now in my garden—one of my men, named Wackett, was taken to the office—he came to work two or three days after that time, and he has left me—one of my men, named Warner, was taken at a beer-shop, but he ran away—I have not seen him since—they have been trying for him—I went to his wife, and told her if she knew where he was, to tell him to come to the office—I never searched for him—she promised he should come in the morning, and it was put off from that night—next morning be was to go and state what he knew—I sent no constable for him—it was after his escape I went to his wife—it was not to tell her to tell him to keep out of the way—I cannot say whether I intended to take him into my employ again—I did not mean to take him again—I do not know that he is a thief—I know that he escaped from a constable—if it is proved that he has nothing to do with this I will employ him again—the constable said Bliss was taken, and I understood that Warner was in it—he said he must be taken—I said I knew nothing about it—the Magistrate said he must be taken, but I had not been there, and the officer had an order to take Warner—I said, "Very well, you must do your duty"—he went into a beer-shop, and said, "Warner, I must take you," and, after a little while, Warner braced up his shoes, and went out at the door, and walked a little while, he then ran away from him—I have not seen him since—the officer was to take him for selling sacks to the prisoner—his wife declared, at my house, it was not Warner that sold them, but a person named Wackett—he was taken, and the Magistrate said there was no evidence to prove he sold them, and he might go about his business—he said, "What am I to do, master?"—I said, "If you are innocent, you may go to your work"—Warner was in custody of two constables.
JOHN GUIVERS . I am a constable of Enfield. Mr. Wilson gave me instructions to take some one—I saw Mr. Field, a carpenter—he pointed out a sack—I searched it and found two sacks, marked "Josiah Wilson," and on further search, I found five more old sacks, but I could not discern the name—I put them in the sack again, taking away the two that had the name—I gave them to Mr. Field—I took the prisoner as he came up to me at the time I was untying the sacks—he said, did I want to search the sacks—I said, "Yes"—I asked him where he bought them—he said, "Of a man named Hagger," and then in a minute he said, "Of the name of Warner"—I said, "I must take them"—on that Saturday evening Watkins and I went in search of Warner, and found him in a beer-shop—he came out—it was dark, and he ran away.
NOT GUILTY .
DENNIS CORBETT . I live in Great Barlow-street. I was going through Lisson-street, at a quarter-past five o'clock on the 16th of December, and saw the prisoner take the plums from the prosecutor's shop—I went and told the policeman.
Prisoner. This boy was looking in at the window with another, and he said, "We are after the raisins." Witness. That is not true.
GEORGE NOROIN (police-constable D 71.) I received information, went down Mitchell-street, and the prisoner and another were kneeling down, shaking the plums out of the box into a handkerchief—I took the prisoner.
GUILTY . Aged 17.— Confined Three Months.
Fifth Jury, before Mr. Recorder,
GUILTY . Aged 17.— Confined Three Days.
374. ANN FULLER was indicted for stealing, on the 14th of December, 1 veil, value 15s.; 1 pair of ear-drops, value 2s.; 3 rings, value 4s. 1 heart, value 6d.; 1 gown, value 8s.; 1 writing-desk, value 1l.; 1 tea-caddy, value 3s.; 1 shawl, value 1l.; 1 boa. value 1l.; 1 pair of boots, value 2s. 6d.; 1 penny, and 6 half-pence, the goods of Samuel Allen, to which she pleaded
GUILTY . Aged 17.— Transported for Seven Years.—Penitentiary.
375. JANE GALLAGHER was indicted for stealing, on the 17th of December, in the dwelling-house of John Ravenhill, 9 rings, value 16l.; 2 necklaces, value 1l. 17s.; 2 pairs of ear-rings, value 15s.; 4 pairs of bracelets, value 2l. 15s.; 2 brooches, value 16s.; 1 eye-glass, value 1f.; 1 neck-chain, value 10s.; 1 reticule, value 2s.; 1 waist-ribbon, value 1s.; 3 gowns, value 6l.; 1 pair of stockings, value 3s.; 1 box, value 2s.; and 45l. Bank-notes, the property of Elizabeth Lynn: and that she had before been convicted of felony; to which she pleaded
GUILTY . Aged 21.— Transported for Ten Years.
376. JAMES EYANS was indicted for stealing, on the 15th of December, 1 lamb, price 1l. 8s., the property of Eliza Brook.—2nd COUNT for killing the same, with intent to steal the carcass; and that he had' been before convicted of felony.
SAMUEL CRAMPTON . I am bailiff to Mrs. Eliza Brook» a widow, who has a farm at Friern Barnett. I saw her lambs safe about ten o'clock in the morning, on Friday, the 13th of December, and on Saturday afternoon, the 14th, I sent a boy to count them, and he told me they were all right—on Sunday morning, I went to give them some hay, and I missed one lamb—I searched to see if I could find it, as I thought it was hung in the bushes, but could not—I then searched for footsteps, but could not find any till I came to a gap in the hedge, and there I saw the marks of the feet of the lamb over the gap—I then traced it across three or four fields, and up to the prisoner's door—there are no other inmates in his house but his wife and family—his eldest son is seven or eight years old—I went to the policeman—we went to the house and found the lamb, the skin,
the head, the entrails, and part of the breast was cooked—this is the skin—(examining one)—it is the skin of the lamb I lost, and is the property of Eliza Brooks—here is the red mark on it.
Prisoner. There are thousands of sheep marked in this manner—there is no pitch-mark on it. Witness. Here is the head of the lamb, and that I could swear to from a thousand—it was a particular lamb that I had in the flock, and a very handsome one.
THOMAS MAY (police-constable S 50.) I went to the prisoner's house—there are no lodgers there—I saw this head and skin found, and part of the meat, and some cooked meat—I observed the traces from the field to the prisoner's door.
JOHN SMITH . I am a horse-patrol. I went with the officer and the witness on the Sunday, and traced the sheep to the prisoner's door—I requested to search the house, and found a breast of mutton cooked, and a quantity of fat on a plate in the cupboard—I asked the prisoner how he came in possession of the mutton that was cooked—his wife said they bought it at Southgate—I looked about, and in a secret place I found the rest of the lamb hanging up, the head by the side of it—in a pan there were two quarts of congealed blood, and under the pan the entrails of the sheep rolled up in the skin—it was in a secret cupboard in a dark part—I could not at first find any way into it—I pulled with all my strength, and a button gave way inside the door—it was latticed up to let air in, and fastened in a way I never saw before—the lamb was not quite cold.
JOHN MILLER . I am a carrier. I was a constable—I was present at the prisoner's former trial in this Court for stealing a calf—he received sentence of death, but it was altered to one year's imprisonment, and to be whipped—I produce the certificate of his conviction from Mr. Clark's office—(read.)
GUILTY . Aged 50.— Transported for Fifteen Years.
377. GEORGE PAGE was indicted for stealing, on the 12th of December, 1 pewter pot, value 1s., the goods of William Best; 3 pewter pots, value 3s., the goods of Thomas Sanders; and 1 pewter pot, value 1s., the goods of William Allder.
THOMAS COURTNEY . I am a servant, but am out of a situation. On the 12th of December, I was in a shop opposite Mr. Best's, buying some tea and sugar—a person said, "Look round, there is a man putting one of Mr. Best's pots into his bag"—I ran out, collared the prisoner, and said, "You have got one of Mr. Best's pots in your bag"—I took him to Mr. Best's, and into the parlour—Mr. Best sent for an officer—there were eight pots in the bag.
JOHN HARRISON (police-constable D 32.) I was called to Mr. Best's on Thursday last, about two o'clock—I went into the parlour—the prisoner was sitting down, and this bag, containing eight pots, was on the table—one of them is Mr. Best's.
Prisoner's Defence. I had been up to Portman-square, and waited threequarters of an hour to see a person—he did not come—as I was going back I met a young man who had formerly lodged with me—he asked if I was in work—I said no—he had this bag, and told me to carry it to the corner of Shepherd-street, and he would give me 6d.—I was going along with it—I found they were pots, and the witness came and took me.
STEPHEN PERDRIAN (police-constable D 80.) I know the prisoner—I had him in custody in October, for stealing a basket of bread—I took him to the station-house, and found this bag concealed on him—he had one month in the House of Correction, and after he got out of prison he came and got the bag again, and this is the bag he had these pots in—I was a witness on his trial, and produce the certificate of his conviction from Mr. Clark's office—(read.)
GUILTY . Aged 37.— Transported for Ten Years.
JOHN DALTON . I am in the employ of Richard Whitlam, a potatoesalesman, in Covent-garden market. On the 28th of November, I sold Mr. Gardner three dozen of savoy cabbages—he did not take them with him—he left them—the prisoner came in about ten minutes and said, "I am come fur Mr. Gardner's three dozen of savoys, as his young man is not at home"—I delivered them to him, believing that to be the case, and he went away with them.
Prisoner. Q. Was there any one beside you who saw me? Q. You had been in and out—my mistress had seen you—I have had no quarrel with the prisoner.
THOMAS GARDNER . I live in Drury-lane, and am a green-grocer. On the 28th of November, about eleven o'clock in the morning, I bought the savoy cabbages of Dalton—I did not authorize the prisoner to bring them to me, nor did he bring them—he has not brought me any this two or three years, but he knew me well, and has worked for me—they gave me a description of him, and when I saw him he ran away—I ran and caught him—I did not see him the day I bought these cabbages.
GUILTY .* Aged 65.— Confined Three Months.
(The prisoner representing that he could not understand the English language, and that he was totally deaf, the evidence was communicated to him by being reduced to writing in the French language.)
CHARLOTTE CAMBLE . This watch, chain, and key are mine (examining them)—I purchased the watch in May last at Mr. Thomas Hawley's, in the Strand—the whole cost me about fourteen guineas—I met the prisoner in Leicester-square about three weeks ago—I think it was three weeks last Saturday—he was at that time a stranger to me—he did not speak to me in the street, nor did I speak to him—he gave me to understand that I was to go home and he would follow me, but he did not speak—we did not speak till we got to the house together, which is on the other side of the square—
we went to No. 3, Little St. Martin-street—I went in first—he followed me—I had never been there before—I suppose it was a house of ill fame—I knew by the appearance that it was a house of that description—the prisoner went in at the door with me—he first spoke to me in the passage of the house—he spoke in French—I do not know what he said—I knew enough to know that it was French—we went up stairs—I believe we went up together, to the first floor front-room—it was a bed-room—it was then the middle of the day, about one or two o'clock—I had my watch at the time, and I laid it on the table—we remained in the room together about twenty minutes—there was not much conversation passed between us—he did not speak very much at all, but the little I said to him in English he understood, and in reply he could say, in English, "Yes," and "No," and "Very well"—these appeared to be proper answers, such as a person understanding English would make—they appeared to be natural answers to my questions—from the manner in which he answered I understood that he was aware of the meaning of the words I used—he seemed to understand me—I do not remember that he said any thing particular in parting from me and leaving the room—I do not remember particularly what he did or said at the time he took leave of me—he said something in French and went down stairs—as soon as he had quitted the room I missed my watch, and called to the woman of the house to stop him, but he escaped—I gave information, and a description of my watch and of the person, at the police-office at Scotland-yard—I also went to Mr. Hawley's house in the Strand, and stated that I had lost my watch—the next time I saw my watch was when the policeman brought it to me last Friday afternoon.
Q. As the time you were with the prisoner was the middle of the day, have you any doubt that he is the person? A. He could hear very plainly and speak English, and this man can do neither—I believe him to be the man—I have no doubt on the subject.
Q. You said something about his understanding English—did he appear to you at that time perfectly to understand what you said? A. He did—he gave me to understand by his manner that he wished me to go to a house and he would follow me—I perceived he was following me—he came up to me before I went into the house, and joined me—he did not walk with me many minutes—he did not address me at all—I had not been walking in Leicester-square—I was merely passing through the square—the prisoner had drab trowsers on, and a frock coat—he made me a present when he left me—he addressed the servant of the house in English—he said in answer to a question she put about the money to pay for the room, that it was too much—she spoke to him in English and stated the amount, and his observation was, it was too much—he gave her what she asked—the servant was an old person—I do not know that I should know her again.
GEORGE SHEPHERD . I am the manager of the business of Mr. Smith, a watchmaker, No. 75, Strand—that is the shop known as Hawley's—the name is still up—I know this gold watch—I sold it to the prosecutrix in May last, and the key—this chain was bought subsequently—the price of the whole was about fourteen guineas—the prisoner called at the shop on the 13th of December, about half-past one o'clock, and from the description I had had of him from Cambie, I noticed him—when he came in, he said in English, "Will you buy a watch?"—I said, "Yes," in my ordinary tone of voice—he had this watch in his hand, and on my saying so he
laid it on the glass case—I asked him how much—he laid in English, "Twelve guineas"—in consequence of the information I had received, I opened the watch, looked at the number of it, and saw it was the one I had sold to the prosecutrix—I shut it, put it into my pocket, and went round and shut the shop-door—the prisoner immediately began to talk French very loudly, and attempted to get away—I stood behind the door—he spoke a great deal of French, and used his hands—he came to me, and tried to get me away from the door—I had no one in the shop, but I stamped my foot, and called for assistance, and two men came from the kitchen—I, sent one of them for an officer, and gave the prisoner in charge.
Q. From the time the prisoner entered till he was taken away in custody, did he give any indication, or make any sign, that he was deaf?—A. Not at all—he did not from first to last appear to misunderstand what I said—he did not exhibit any appearance of deafness to me.
Prisoner. Q. Do you know the name that was on the watch?—A. Yes, "Thomas Hawley, 75, Strand," is engraved in the watch—there is no diference between the name in the watch and the name that is known to the public and which is over the shop-door—they are exactly the same—the name has been up twenty-eight years—I was standing inside the counter—the door was open while I examined the watch—you did not attempt to escape while I was examining the watch, it was afterwards.
(The deposition of this witness was here read, and corresponded with the evidence he had given. The prisoner then had acopy of it in the French language handed to him.)
Prisoner. Q. What indication did I give that I wanted to escape?—A. You scuffled, and endeavoured to remove me from behind the door—I told you to go and sit down in the chair.
EDWARD JEFFRY (police-constable F 87.) I received charge of the prisoner on the 13th of December, at the shop called Mr. Hawley's—I received the watch, chain, and key, from Mr. Shepherd, while the prisoner was present.
Prisoner. Q. Did you see me make any struggle to get out? A. No—one man fetched me, and I found Mr. Shepherd and another man in the shop with you.
(The prisoner here wrote his defence in the French language, which was translated by John Huddleston, Esq., and is as follows:)
"Whatever may be the system of the legislation of a country, the object of the law, as well as that of humanity, is the discovery of truth,—punishment to the guilty, acquittal for the innocent. In seeing a stranger appear before you, you will naturally inquire, and he himself feels the necessity of informing you, who he is, whence be comes, and what purpose brings him to a strange land. Who am I? I am the son of a Madame Ainot, a widow living with honour upon her own estate. I am the grandson of M. de la Mittaine, an old man of eighty, conducting for upwards of forty years, with credit to himself and his family, a manufactory of China. I am brother-in-law of M. Hebert, Deputy for the department of the Louvre, in the French parliament, Chevalier of the Legion of Honour, Advocate-general of the Court of Cassation.
"The object of my coming to England was to embark with my wife and her cousin for the United States, where I am possessed of 3341 acres of land, in Virginia. During the last two months I have resided
in London, and lived there with the most rigid economy, never leaving my wife. I know of no balls, I frequent no taverns, I never even entered a place of theatrical entertainment. How comes it, then, Gentle-men, that I am brought before you? What fatality has placed me in this position? A person unknown to me causes my arrest, and throws me into a criminal court. A watch, a valuable watch is found in my possession, Is it for that reason I am to be considered a thief? No, gentlemen, I am the legitimate owner of that watch. My wife's cousin was detained in Germany, on account of some money transactions; she was anxiously expected by us, day after day, for six weeks; every Thursday, every Sunday found me at the place where the packet-boat from Rotterdam lands her passengers. Being one Sunday, about three weeks ago, as usual, at the Custom-house, waiting for the boat, I was accosted by a man who first of all showed me two razors; and after having in vain followed me in the hopes of persuading me to purchase them from him, he went away. The boat arrived, my cousin, alas! was not a passenger in it. I left the Custom-house. Again I was addressed by the same individual who had in one hand the two razors, and in the other a chain; he followed me, but my sole answer to his offers for sale was, 'No.' At last he drew forth this watch. I, struck by its beauty, asked, 'How much?' Not understanding his answer, and unable to make him comprehend that I was deaf, I took from my pocket a sovereign, and said to him, "How much;" he lifted up both his hands. I answered, 'Five.' In directing his attention to the piece of money I held in my hand—to place in my hand the watch,—to demand the money I offered him—to possess himself of it, was the work of an instant. The celerity of his movements, the violence of his action, induced me to think myself duped; the examination of the watch, however, convinced me of the contrary, and then, indeed, the idea that it was the result of a theft came into my mind. However, strong in my own honesty, and relying upon my own credit, I kept the watch three weeks. The jeweller in his evidence has declared to you, that though the shop is kept by other persons, yet that the name over the door is the same as that observed on the watch; therefore a person conversant with the usual custom of jewellers could not have presented himself at the shop ignorant that he was with the maker of the stolen object. What was my conduct? I took the watch in my hand, and with the address inscribed upon it before me, I walked down the Strand, looking out for the maker. The name on a door attracted my attention, it is the same as that on the watch: I enter the shop, and handing him the watch, say, 'Will you buy?' Gentlemen, is this the conduct of a thief? Is this the manner in which a guilty man acts? I appeal to your consciences. During this time the jeweller tells you he was on the other side of the counter; during the time he examined the watch the door was open. I see the man who made the watch examine it anxiously; I see him examine it closely. Do I seize this opportunity to avail myself of the open door? Gentlemen, I attempt not to fly; yet you say I am the thief? Had I been guilty, my conduct would have been that of a madman; had I been the thief my actions must have been those of a fool. What! get into a snare, see myself entrapped, an escape open to me, make no attempt to escape; it is contrary to reason, it is at variance with common sense. Gentlemen, I attempt not to fly. Why? because I was not the thief. Who then presents herself before you to bring guilt home to me. You Charlotte Cambie; you who being with a man for
twenty minutes, who having him in your arras, talking to him, perceive not that he is not deaf. He says no more to you than 'Yes'—'No'—'Very well'—and each answer appearing apropos. Gentlemen, is this credible? Has this the appearance of credibility? But, Gentlemen, for the space of five years I have been deaf. Here are the names of the medical gentlemen who have attended me: M. Haubert, prinipal surgeon to the hospital at Rouen, my native town; M. Ydard, of the Deaf Hospital, at Paris; M. de Larue, surgeon, No. 8, Rue Blanch, Paris; Dr. Connut, physician, Paris; Dr. Williski, Paris. These have been my medical men, yet I am thought not deaf, You have imagined that I have answered some remarks which you thought I had heard. Gentlemen, there is an evident mistake somewhere. Charlotte Camble says the man with whom she was, appeared to understand her; had him in her arms, she pressed him to her bosom, and she says he was not deaf. Can I then be that man?
"Gentlemen, does this woman swear I am he? Try her credibility. Tell her, under penalty of the loss of her goods, of the loss of her liberty, must take any number of men with whom she has been three weeks ago, and order her to declare the precise moment she was with each, the precise conversation she held, the exact position she was in. Could you, Gentlemen, if your property, your liberty were at stake, do this? Can you believe that it is possible for her to do it? No, Gentlemen, she cannot—she dare not. But to me more than property—more than liberty is at stake—my honour is in danger of being wounded—the honour of my family is in danger of being tarnished for ever—that which is dearer to me than property—that which is dearer to me than liberty—that which is dearer to me than life. Can she identify me as the person with whom she was? No, Gentlemen, you will not believe she can;—no, Gentlemen, I am not that man—I am no thief."
COURT to CHARLOTTE CAMBLE. Q. Was your watch visible as you were walking? A. It was under a shawl—the guard chain might have been visible outside my shawl—I cannot say, but the watch was not visible—I lost the chain, and a hair chain too.
JURY. Q. Were you in company with any other man that day? A. No.
JURY to GEORGE SHEPHERD. Q. How soon did you see the prosecutrix after the loss of the watch? A. About four hours—she described the person to me, and said I should have the officer with me on Monday morning, which I did—the moment the prisoner entered the shop, I made up my mind that that was the man who stole the watch.
GUILTY.— Judgment Respited.
OLD COURT.—Thursday, December 19th, 1839.
Second Jury, before Mr. Sergeant Arabin.
380. JOHN SMITH was indicted for feloniously breaking and entering the dwelling-house of John Watson, on the 3rd of December, at St. Andrew, Holborn, and stealing therein 750 yards of silk, value 90l., and 470 yards of poplin, value 20l., the goods of the said John Watson.
of St. Andrew, Holborn. On Tuesday morning, the 3rd of December, at seven o'clock, I was taking down the shutters, and removing them up Thaives-inn, which is at the corner of our house, to put them in a box—I heard the latch of the shop door go, which is on Holborn-hill—I am certain it was latched before—I waited close against the door till it opened, and two men rushed out with a load—one turned up the hill, the other ran across the road—I hallooed after them, crying "Stop thief," as loud as I could, and the policeman caught the prisoner—I never lost sight of the prisoner—he is one of the persons who had one of the loads, which were 750 yards of silk, and 470 yards of poplins—it is here—it is my master's property—the other man made his escape—they both dropped their bundles.
Cross-examined by MR. PAYNE. Q. How far round the corner is your shutter place? A. Ten or fifteen yards—our premises consist of two houses—the door is near Thaives-inn—it was rather a foggy morning—the prisoner was stopped not fifty yards from the shop, in the middle of the road—I lost sight of the other man—they both crossed the same way, but turned different ways afterwards, one up the hill, and the prisoner down the hill—I was not fifteen yards behind him all the way—I did not see his face at all—I was within three yards of the door when I heard the latch lifted up—I had not seen any body go in.
Cross-examined. Q. When were you first asked to give evidence? A. I told the prosecutor's porter of it the same morning—I Was standing in the street, about a dozen yards from the prosecutor.
CHARLES TILLEY (City police-constable, No. 205.) I was on Holbornhill, on the left-hand-side, and saw the prisoner running down the hill, in the road—I caught him about fifty yards from the prosecutor's—he ran into ray arms in the road—Field came up and gave him in charge.
GUILTY of Stealing in the dwelling-house, but not breaking. Aged 28.
— Transported for Fifteen Years.
Before Mr. Justice Patteson.
381. WILLIAM FREDERICK BOX was indicted for stealing, on the 17th of October, 1 breast-pin, value 11l. 11s., the goods of John Howell and others, in their dwelling-house.—2nd COUNT, stating it to be the dwelling-house of William Sedgwick.
MR. DOANE conducted the Prosecution.
HENRY WEBSTER . I am in the employ of John Howell and Mr. James, in Waterloo-place, St. James's—there are four partners—the servants of the establishment sleep in No. 9—the shops are all connected, but not the dwelling-houses—I am connected with the jewellery department, which is No. 9. On Thursday, the 17th of October, the prisoner came there with a lady with a riding-habit on, between five and six o'clock, and asked to look at some diamond-pins—I showed him a tray containing a number of pins, and among them a ruby-pin, of the value of eleven guineas—he said he would take that pin, and I gave it to Arrow, the apprentice, who stood by my side, to place in a box for him—he then asked to look at some signet-rings—I showed him a case—he selected one, and desired it to be engraved with a Stork rampant by the following day—he then said he wished to look at some scarfs and ladies' aprons, which are in another part
of the establishment—I sent Arrow with him to show him where they were—before he went he desired me to wait, and he would return to me, and in the meantime to make out the bill for the whole, but not to come to him, for he would return to me—I then lost sight of him, he being in another part of the shop—I waited a few moments, and in consequence of what a young man from the shawl department told me, I found he was gone from the place—I went to the outer door of the house, and found the prisoner about to mount his horse, and the lady bad got on her horse—they had both come on horseback—I had not missed the pin then—he said to me that I was to send the bill up to his house at eleven o'clock in the morning, in Hertford-street, May Fair—I had the ring to engrave for him, and was not aware that he had the pin—when I got back to the shop, Arrow gave me some information—next morning I sent a young man named Marsh, to Hertford-street with the bill—he brought back no money—I have not got the bill.
Cross-examined by MR. CLARKSON. Q. How long have you been in the prosecutor's service? A. Five years next March—we never give credit to persons we do not know—I swear that—the prisoner bought a scarf and apron that night—the lady took them—I do not know that of my own knowledge—when I got to the door she had got them in her hand—I did not know the lady—there are several young men in that department—the young man who served her is not here—his name is Key—before the prisoner went away I had seen the pin put into a box by Arrow—I did not notice that box without the pin before be went away—I saw a box, but whether it was the same I cannot say—I cannot say whether there was any other box there at that time—we frequently take out boxes to place things in, and there might be another box on the counter—we sometimes take out five or six boxes, before we can get one large enough—the young man was dose to my side, and the prisoner right before me, and the lady by his side—be wore a dark handkerchief.
Q. Do you mean to represent, if that pin was in the fall of his handkerchief it could have been in it, and yet not you nor Arrow see it? A. I will tell you why; the lady drew my attention, by asking the price of different rings—this is the first time I have said that—I held the prisoner's horse for him to mount—if his horse had not been restive he would have been off before I got out—I cannot say whether I touched his coat—I should say I was seven or eight inches from the box the pin was in—he desired me to come to his father's house, No. 14, Hertford-street, Mayfair, next morning, and be would pay me—I said I would go—I do not know what has become of the bill—it turned out to be his father's house—the prisoner did not reside there then—the scarf and lady's apron, and the signet-ring, was included in the bill—it would take about half a day to engrave the signet-ring—I sent the bill before it was engraved, by his desire—I missed the pin about ten minutes after he left the house—Mr. Sedgwick, one of the partners, was in his house, No. 9, at the time—I did not say any thing about it to any of my masters before I sent the bill next morning—I know a lady named Harvey, at No. 15, Savoy-street, Strand, she has two daughters—I do not know what she is—I believe she is a lady—she bas independent property, as far as I know—I have known the family about twelve months, or a year and a half, and have called there occasionally—she is a housekeeper—she lives very respectably, and her daughters are at boarding-school
in Henrietta-street—we never take cheques from persons we do not know, until we make inquiry—when the prisoner said he would give me a cheque, I did not inquire on whom it was to be drawn.
MR. DOANE. Q. If he had come and given you a cheque, should you have received it without making inquiry of one of the firm? A. Certainly not.
JOHN ARROW . I am apprentice to Howell and James. On the 17th of October I was in the jewellery shop with Webster, when the prisoner came in—I saw the ruby pin—Webster gave it to me—I placed it in a box, which I put on the counter, and while doing so the prisoner asked to see some rings—Webster showed him some—he selected one, and desired Webster to have it engraved for him, and gave him a card of address where he was to send it when it was done—he then said he wanted to see some scarfs—after the prisoner looked at the signet-ring, and before he spoke about the scarfs, I saw him take the pin out of the box, and place it in his stock—Webster was standing by the side of me at the time, but the prisoner had his back to him—I went with him to show where he could get the scarfs, introduced him to the person who showed them, and then returned back to the shop to Webster—I did not tell Webster what I had seen—I saw the prisoner next day in Duke-street, Manchester-square, followed him some distance, and lost sight of him—on the Saturday week I saw him at the English Opera-house, and gave him into custody.
Cross-examined. Q. Where was the box when he took the pin from it? A. On the counter, perhaps two feet from Webster—I did not notice any other box on the counter—the prisoner said, "I will take it, put it in a box for me"—that was when he selected it—he afterwards took it out, and stuck it in his shirt—it was about the middle of the next day that I saw him in Duke-street, about one o'clock—I saw Marsh in the morning—I did not see a bill in his hand—I did not see him go out to go to Hertford-street—I saw him directly after I returned after seeing the prisoner in Duke-street—he was in the shop—I followed the prisoner, and passed him at one time—my presence of mind did not lead me to take him into custody—he wore a black satin handkerchief—the pin was an eleven-guinea one, and a ruby—it had a very striking appearance in his dark handkerchief—I did not make any communication to Webster till I heard the prisoner had gone out of the shop, I then said be had the pin—that was not before he went out of the shop the first time—he went out, then returned, and then I told him—it was not in consequence of any communication made to him that he went out of the shop—he seemed surprised when I told him the prisoner had the pin—he did not desire me to go to Hertford-street that night to see if it was all right—I did not see the bill made out—I did not speak to the prisoner when I saw him in Duke-street—I had not presence of mind to do so—I did not see any policeman close by.
MR. DOANE. Q. If you had, should you have given him into custody? A. I do not know that I should.
EDWARD JAMES MARSH . I am an apprentice to the prosecutors. On Friday, the 18th of October, about eleven o'clock, I took a bill of parcels to Hertford-street, May-fair—I do not know what has become of it—I gave it to one of the young men in our shop—the prisoner was not at Hertford-street when I took the bill.
Cross-examined. Q. Did Mrs. Box ask you whether her son had had these things given to him? A. No, she said Mr. Box, her husband, was not at
home—she wished to know what I wanted with the prisoner—I gave her the bill, and said I was to come for the money—I was sent for the money by Webster.
NOT GUILTY .
Before Mr. Baron Rolfe.
382. THOMAS JACKSON, alias Johnson, alias Wells , was indicted for feloniously being at large within her Majesty's dominions, without lawful excuse, before the expiration of the term for which he had been ordered to be transported.
MR. RYLAND conducted the Prosecution.
GEORGE CHENEY . I am a beadle of Cheap ward, City. I know the prisoner by the name of Thomas Jackson. On the 1st of March, 1837, he was in my custody, charged with a burglary in the house of Heath and Co., No. 31, Old Jury—he was remanded twice by the Lord Mayor, and at last committed to Newgate for trial—I was present at his trial in this Court, before Mr. Justice Littledale—he was convicted, and transported for life—I have a certificate of his conviction, which 1 obtained from Mr. Clark, whom I saw sign it—(read)—I have not a doubt of his being the man—I know him by his walk—when he was remanded I had to take him backwards and forwards three or four times, and he had a limp in hit walk, having had an accident, and I know hit features—I received him in custody from Meagle.
Cross-examined by MR. PAYNE. Q. And do you know him from the bow in his left leg? A. Yet—he had not any whiskers at that time—they were shaved off.
MR. RYLAND. Q. Could you tell by his face at the time that he had had whiskers, and that they were shaved off? A. Evidently, for his face I was much fairer in the part where the whiskers had been than the other part—I have no doubt of him.
WILLIAM MEAGLE . I am in the service of Heath and Co., merchants, in Old Jewry. On the night of the 1st of March, 1837, I was disturbed by a noise in the house, and went down stairs—I saw the prisoner in the house, at the bottom of the passage—I seized him, and handed him over to Cheney—I was present at his trial, and he was convicted—I have no doubt of him whatever.
Cross-examined. Q. I believe you agree that he had no whiskers? A. Not that night—I did not know him before I found him in the house—I only saw him then, and before the Lord Mayor, and on his trial.
THOMAS WOODRUFF . I am now a sergeant of the City Police, No. 77. In March, 1887, I was a turnkey of Newgate—I know the prisoner—I remember his being in custody in that month, and April, at Newgate, on a charge of burglary—I was not in Court when he was tried—I saw him in Newgate afterwards as a convict—he was sent to the hulks in execution of his sentence.
Cross-examined. Q. You had nothing to do with his apprehension, had you? A. Not for the burglary—I had this time—I saw him on the former trial—I did not see him except on the trial.
—I was at the Mansion-house when lie was examined on a charge of burglary—I think it was on the 2nd of May, but I saw him before that at the Computer—I took a person down to look at him—I saw him when he was under examination on this charge in March, 1837—I was present at his trial in this Court—he is the man who was tried and convicted—I saw that he had a bow leg, but I know him by his features.
GEORGE TEAKLE (police-sergeant H 8.) On Sunday morning, the 1st of December, in consequence of information, I went to a house in Spicer-street, Spitalfields—one part of the street in in the parish of Spitalfields, and the other in St. Dunstan's, Stepney, in the hamlet of Mile-end New-town—the house I went to, I believe, is in the hamlet of Mile-end New-town—I found the prisoner in that house—I did not know him before—I told him his name was Wells—he said it was not Wells, but George Johnson—he was sitting down—I told him we wanted him, and as he stood up I observed him rather limp on one side—I said, "You have had a broken leg"—he said, "I have not"—on the way to the station-house he asked me several times what I wanted him for—I told him I would satisfy him when he was there—when we got there he was told it was for returning from transportation—he made no reply.
Cross-examined. Q. What leg did it appear to you had been broken? A. I cannot recollect—it was momentarily as he stood up—I have made inquiry at the Home Office—I am not aware that they have received any account of the escape of any convict of this name.
GUILTY . Aged 86.— Confined One Year, and then Transported for Life.
Before Mr. Justice Patteson.
383. WILLIAM CLARK was indicted for feloniously breaking and entering the dwelling-house of James Young, on toe 30th of November, and stealing therein 4 gowns, value 3l.; 1 cloak, value 1l.; 1 shawl, value 10s.; 1 penknife, value 1s. 6d.; 2 bags, value 5s.; 1 pair of gloves, value 1s.; 16 shillings, and 10 sixpences; the property of Caroline Young; 10 yards of mousseline delaine, value 11s.; 1 shawl, value 12s.; 2 gowns, value 1l. 3s.; 1 penknife, value 2s.; 1 umbrella. value 5s.; 1 shilling, and one sixpence; the property of Mary Ann Young.
CAROLINE YOUNG . I live in Charles-street, Bethnal-green, with my brother, James Young—my brother, my sister Mary Ann, and my younger brother John lived there. On the 30th of November, at a quarter-past eight o'clock, I went out along with my sister, leaving my youngest brother in the house—I bolted the back-door and shut the street door—I came home at twenty minutes to nine o'clock at night, and found the outer door and the back door open—I missed the property stated—I had seen it when I went out—I left my dresses up stairs and my cloak hanging behind the front bed-room door—when I went into my bed-room there was a parcel of cuttings and things about, and a box broken open by a poker, and things strewed about.
Cross-examined by MR. PAYNE. Q. How many dresses were there altogether? A. Seven, two shawls, a cloak, and silk umbrella—the witness Sherfield lives next door to my father—on the Saturday evening when we told the policeman, he made a communication to me, and I believe he did to my father before—I mentioned it to him about 11 o'clock at night.
the 30th of November, and came back with her—I missed three dresses—one was not made up, and one was wrapped up in a box.
JOHN YOUNG . I live in my brother James's house—I went out on the morning of the 30th of November, between twelve and one o'clock, leaving no one in the house—I saw the back door and the middle door bolted—I shut the front door—I did not lock it—it is a spring lock—it could not be opened from the outside without a key—I came home between eleven and twelve o'clock at night.
Cross-examined. Q. Do you know the house where Sherfield lives? A. Yes—it is about twelve yards from our house—it is round a corner, and about six or seven yards from it—there is no gas-light at the corner—there is one opposite to the corner, at the chandler's shop—there is a lamp over the house right opposite our house—there is a shop projects out between Sherfield's door and the corner—there is a dead wall between our house and the corner—it had been a wet afternoon—I do not know whether it was raining till between tight and nine o'clock—I was not out—I cannot swear it was not raining till half-past eight o'clock—I am quite sure I shut the door after me, and I felt to see if it was fast.
COURT. Q. How wide is the street between your house and the chandler's shop? A. I cannot say—it is rather wider than this Court—Sherfield's house is round the corner, on the same side of the way—there is a dead wall between our house and the corner—going from our house to the corner, the dead wall is on our right hand—the shop is at the corner—Sherfield's is the first house after you turn the corner—if you wanted to go from our house to Sherfield's you would have to keep the wall on your right hand all the way.
JAMES SHERFELD . I am a silk weaver, and live in Coventry-street, which is round the corner from Parliament-street. I cannot see from my house-door into Parliament-street. On the 30th of November, about half-past seven o'clock in the evening, I saw three persons pass my door, one of whom, which was the prisoner, I knew—I have known him by light for twelve or fourteen years—I was still at my own door when they passed—it was not raining at that time—the prisoner was not above two feet, at the farthest away from me—there is a gas-lamp at the opposite corner of the street where the shop is—I walked close behind them, and saw them knock at the first door in Parliament-street, on the left-hand side—I knew who lived there, but I did not know their names—it was the first door after you pass the dead wall—I stood at the corner—when I saw him knock there, two went in—I cannot say whether the door was opened to them or not—the prisoner and another with a Petersham coat on, went in—the other stopped outside—after he had been there five or ten minutes, the one in the Petersham coat came out and came to the corner, and stood facing my door, for nearly a minute and a half—when I saw him coming, I went to my door, and he stood facing me—he went back again and went in—when he went back, I went from my door to the corner—he stopped in five minutes, and two women came along with an umbrella. and the one that was out with a velveteen shooting coat on, crossed over and whistled, and when the women had come by, he went back to the door and whistled again—when the women came by he was standing nearly opposite the door, by the dead wall, which is on the same side as Young's door—he was on the opposite side—after that, in about five minutes, Clark came out—I saw him coming towards the corner, and went back to my
own door—I saw him come past my door, he went round, I do not know the name of the street, and went through a little court, where there are some posts, he then went into Parliament-street, and went into the house again—they stopped in for about five minutes, and then they came out and went to the one that was on the watch, and went towards the Cambridge Heath-road—I did not perceive any thing upon them—I took no steps to interrupt them—I do not know whether they left the door open or shut—it might be five or ten minutes after eight o'clock when they went up the Cambridge Heath-road—I first gave information of this at about half-past eleven o'clock at night.
Cross-examined. Q. How do you get your living? A. By working for Mr. Clough—I was working for him on that day—I was standing at my door, smoking my pipe—I worked for Messrs. Jonas and Martin eighteen months—I never followed the occupation of a bullock-drover in Whitechapel or any where else—I have seen plenty of it—I live in the heart of it, but never took any part in it—I only knew the prisoner by sight—I did not go to the house and see if there was any thing wrong, because I did not know exactly at the time whether they intended to rob it or not—if I had found a policeman I should have sent him to the place to see—I was rather flurried at their coming, because I had no one at home at my own place to take care of it—I did not go any further than the corner—I looked for a policeman—I did not say a word about it till I heard there had been a robbery—I will not swear it is not thirty-six feet from Young's door to the corner—I never measured it—I did not speak to the prisoner—I told no one about this till half-past eleven o'clock.
WILLIAM CLAY (police-constable K 278.) I apprehended the prisoner on the 2nd of December, in the house that he was living in, in Grey Eagle-street, Spitalfields—I searched his lodgings, but found nothing relating to this—he stated that he was at Paddington with his wife and some friends on the 30th of November—I told him I wanted him for being a party concerned in a robbery in Christopher-street.
Cross-examined. Q. Is that all that took place in the house? A. Yes—I found his wife and two children there—one six and the other ten years of age—I did not ask them or the wife if their father brought any bag home—I went there about nine o'clock at night, on the 1st of December, and again on the 2nd, and found him in the passage.
NOT GUILTY .
NEW COURT.—Thursday, December 19th, 1839.
Fifth Jury, before Mr. Common Sergeant.
JESSE HIGGINS . I live at Tulse-hill, and am a green-grocer. I had a pony gelding safe on Tuesday, the 10th of December—I turned it out on the road-side that night, and missed it the next morning—I saw it in Smithfield on Friday last—a person had it trying to find the owner.
Cross-examined by MR. ESPINASSE. Q. Are you sure it was the same? A. Yes—it had been turned out for years on that spot.
Godfrey, in Thomas-street, Whitechapel-road. The prisoner William came to us with this pony—John was outside—my master's father called me to buy it—I dealt with William—he asked 18s. for it—I said it was not worth that to us—I at last gave him 13s.—I asked him whose it was—he said his own, and he gave his address William Hill, Prudent-place, Mile-end-road"—I wrote it down—John led the pony down the yard—I took it to Smithfield, and the prosecutor owned it.
Cross-examined. Q. Did John Hill say any thing? A. Not about the pony.
W. J. HILL— GUILTY . Aged 28.
J. HILL— NOT GUILTY .
JOHN MATTHEWS . I live at Norwood. I had a gelding safe about six o'clock in the evening on the 30th of November—I left it on some waste land by the side of the road in the parish of Camberwell—I saw Ford with it in Smithfield on the 6th of December—I have seen William Hill pass by my house.
Cross-examined by MR. ESPINASSE. Q. Are you sure it was yours? A. Yes—it had a little white in the face, and the near hind leg was white.
HENRY DANIEL FORD . I am a horse-slaughterer in the employ of Mr. Monk. I bought the gelding of William Hill—John was with him, and was riding it, but he did not say any thing about it—I asked William whose it was—he said it was his own, but that one horse would do his work for the winter, and he wanted to sell that—he said it would do a good deal of slow work—I took it to Smithfield.
Cross-examined. Q. I believe you were taken up about this? A. Yes.
W. J. HILL— GUILTY .
J. HILL— NOT GUILTY .
ISAAC STARLING . I live at Lewisham, in Kent. I had a mare—I turned it out on the 3rd of December in a gravel-pit on Blackheath—I went the next morning, and she was gone—I found Ford with her last Friday morning in Smithfield—I have seen the two prisoners together on the road about six weeks ago between Shooter's-hill and Blackheath.
Cross-examined by MR. ESPINASSE. Q. Are you quite sure it was the same mare? A. Yes.
HENRY DANIEL FORD . Yesterday fortnight I was going up White-chapel, and met John Hill riding this mare—I knew him by having seen him the Sunday before, and I said, "Holloa, where are you going to take that?"—William Hill ran up to me, and said, "What is that worth to you?"—I bought it of him for 16s.
W. J. HILL— GUILTY . Aged 28.— Transported for Ten Years.
J. HILL— NOT GUILTY .
387. JOHN GARDINER was indicted for unlawfully, maliciously, and feloniously assaulting Charles Dear, with intent to maim and disable him —2nd COUNT, stating his intent to be to do him some grievous bodily harm.
CHARLES DEAR . I live at Isleworth. I was going through Hanwell on the 2nd of December with a coal-cart—I was riding on a horse—the prisoner was there scraping the road—Eleanor Eyre was going by, and the prisoner splashed her with mud—I said to him, "You ought to have a good hiding for that—it would serve you right if I gave you one"—he made no more to do but took up his scraper, and struck me on the head—the iron went through my hat and into my scull—I bled a great deal, and lost my senses—I was taken to a doctor—I had not attempted to strike the prisoner at all.
JURY. Q. How long was it after you spoke to him that he did this? A. I had the blow directly.
ELEANOR EYRE . I was on the road going to Hanwell—the prisoner threw some mud on me—I hallooed to Charles Dear—he said he ought to have a good hiding, and he had a great mind to give him one—on that the prisoner struck Charles Dear's head with the iron—Dear had not touched him.
ROBERT BROXHOLMR . I am a surgeon. The prosecutor came to me on the 2nd of December—I examined his head, and found a contused wound extending down the scull—it appeared a very violent wound, and these wounds are very uncertain—I have known danger to occur a considerable time after, when the patient has appeared to be going on well.
GUILTY —Of an Assault only. Aged 19.— Confined Twelve Months.
Before Mr. Common Sergeant.
MARGARET MILLER . I am the wife of William Miller, who is at sea. I live at Woolwich. On the 8th of December, about seven o'clock in the evening, I missed two pairs of shoes and a handkerchief—the prisoner had been at my place at six o'clock that evening—these are my boots and handkerchief—(looking at them.)
Cross-examined by MR. PHILLIPS. Q. Are these ladies' boots? A. No, gentlemen's—my husband has been at sea four years—I draw his half-pay in the Dock-yard—the prisoner and I have drank gin together many times.
Q. What has become of the shawl that was found on your person? A. That is to be found out another time—I did not come here on the shawl case—I have nothing to say about where it was said to be stolen from—it was not found on my shoulders—it was found in my possession, certainly, and I bought it—I accused the prisoner of having stolen that shawl—I did not tell the Magistrate that I bought it of a respectable lady who is gone to Ireland, and I have a witness to certify I never said it.
Q. Did any body accuse you of saying that the clerk made a mistake, and he took that down as if you said it? A. I came here on my own business, and I expect to be shown justice—I never said I bought the shawl of a respectable lady who is gone to Ireland—the mistake the clerk made is not my business—I never said I bought the shawl of a lady whose
name I did not know—the clerk made a mistake something about Ireland, but it was a mistake—I said I got it from the prisoner—whether I went and drank with the prisoner that night has nothing to do with this—I go where I think proper.
Q. Were you ever accused of taking the soldiers' necessaries from them? A. No, I was fined, and paid two fines for it—the Magistrate fined me, and it is not your business to rebuke me for it.
Q. Did you ever ask any money not to prosecute this case? A. Me ask money, Sir? did I ever say so? where is the witness? I never asked 4s.—not a fraction—not a farthing—I never called on the prisoner's husband since she has been sent to gaol—I saw him to-day—I did not ask 4s. of him—I will swear that twenty thousand times over—I did not go to his house on Thursday or Friday, or any other day since she has been committed to prison.
Q. Did you go any day before she was committed? A. That is my business—I never asked 4s. from her husband—I declare to G—I never did—not a fraction—I will tell you no more.
COURT. Q. Did you go to her husband? A. I did not.
MR. PHILLIPS. Q. Did you go to her husband's house before she was committed? A. I did, to surprise her of the shawl that she sold me three years and three months ago—I did not see her husband, that I will swear—I did not speak to him on this charge—I have a person here who will prove it—I did not swear that I bought the shawl of a lady that is gone to Ireland—being in the clothes line, I have been in the habit of giving a drop of gin to persons who come to me—I have not drank in public-houses with the prisoner, I will swear that—I am acquainted with Mrs. Webster—I found my property at Mr. Storey's—I did not give him to understand that I would have no proceedings on this business.
JOHN STOREY . I keep a shop at Woolwich for the sale of old clothes. The prisoner came to me with these boots to sell on the 8th of December—I did not buy them—she said she had a child very bad—I said I would not buy them that day, it being Sunday—she begged of me to let her have a trifle—I gave her 1s. 6d. and she said she would come on the Monday.
Cross-examined. Q. How long have you known the prisoner? A. About fourteen years—she has borne an honest character—I saw the prosecutrix, and from what she said, I imagined this was all at an end—I said I would give up the goods to her, and she said I should never hear any more of it.
Cross-examined. Q. Were you before the Magistrate? A. Yes—I did not hear Mrs. Miller say that she bought the shawl of a lady who was gone to Ireland, but I heard the clerk make a remark that he or she must be mistaken—there was some reference to a person gone to Ireland—the prisoner has a large family and a sick child.
MR. PHILLIPS called
WILLIAM TURNER . I keep the Castle Inn, at Woolwich. The shawl was taken from the shoulders of a woman who came to my house with it on, and she stated that Miller gave it her—Miller stated before the Magistrate,
that she had bought it of a lady who was gone to Ireland, and when she was pressed as to who it was, she stated that it was a very respectable lady, and she dared to say she could find her—the clerk said, "You told me she was gone to Ireland"—she said, "I did not say any thing of the kind, I bought it of Mrs. James"—the Magistrate said to me, "It did not occur to me that the prosecutrix had made so many contradictory statements about the shawl, or I don't know that I should have committed the prisoner."
NOT GUILTY .
389. JAMES HOY was indicted for stealing, on the 4th of December, 1 basket, value 9d.; 2 smoothing planes, value 4s. 6d.; 1 axe, value 1s. 6d.; 8 chisels, value 8s.; 1 square, value 1s. 6d.; 2 gouges, value 2s.; 1 bevil, value 1s. 6d.; 1 screw-driver, value 1s. 6d.; 1 pair of pincers, value 1s.; 1 mallet, value 3d.; 4 gimlets, value 6d.; 3 brad-awls, value 6d.; and 1 hand-saw, value 5s.; the goods of William Barton and that he had been before convicted of felony.
WILLIAM BARTON . I live at Camberwell, and am a carpenter. I had the basket and the tools stated—I left them in a building at New-cross, Deptford, at six o'clock in the evening, on Wednesday the 4th of December—I missed them the next morning at seven o'clock—these are them.
Prisoner. At the time you say they were pledged, I was at home in bed—you said you were not certain of me, and the Magistrate told you you should swear to me. Witness. I have no doubt he is the man—I told the Magistrate I was almost positive—I have no doubt of him.
JAMES HAIRSINE , (police-constable R 37.) I went after the prisoner—I saw him, and called after him by name—he said, "My name is George Williams"—I said he must go with me to Mr. Greenly's—he said he did not know him—I said, "Don't you know him?"—he said, "He is a pawnbroker, but I never was in his shop"—I took him to the shop, and the witness said he was the man who brought the tools.
GUILTY . Aged 19.— Transported for Seven Years.
Before Mr. Recorder.
390. MARY FOLLINS was indicted for stealing, on the 16th of December, 8 1/2 lbs. weight of mutton, value 5s. 6d.; and 1 hook, value 1d.; the goods of James Steward: and that she had been before convicted of felony; to which she pleaded
GUILTY . Aged 40.— Confined Two Years.
Before Mr. Recorder.
November. On the night of the 7th of December I saw some silver in the back part of my till, beyond the money partition, among the loose bills and papers, &c, not where I kept my money—in consequence of which, I marked the money, and returned it to the same place—next morning the prisoner came, as usual, for the key of the bar—I followed him down, and as I was standing in my parlour, in the dark, I saw him go to the till, and put his hand to the back where the marked money was—I kept watch on the till that no one else should go to it—my servant came down with a light—I went away from the spot for a time, and then returned—the prisoner came out of the bar—I then examined the till, and the marked money was gone—I bad locked up the bar over night, before I went to bed—I delivered the prisoner the key in the morning—no one but him had access to the till.
Cross-examined by MR. CLARKSON. Q. What quantity of money was it you found that was over the partition? A. Five shillings and four sixpences—I found it after the prisoner went to bed, on Saturday night, and marked it—there were only two sixpences in the money-partition at that time—I am quite sure of that—I gave him the key between seven and eight o'clock in the morning, and examined the till at half-past eight o'clock—there had been no customers before that—we do not do business on Sunday morning—no one was with me when I marked this money—I am single—I have a house-keeper—I have no one in my service besides myself and three servants, including the house-keeper, who is not here—I gave the prisoner into custody on Monday morning—not on Sunday, because he was watched again—on Sunday night ten shillings more were put into the till, eight of which I marked at the station-house—it is not that money I charge him with stealing, but the other—I left two sixpences in the till on Sunday night, and 2l. in silver on a shelf in the back parlour, to give change in the morning—I found it there next morning as I had left it.
JOHN RICHARD COWLIN (police-constable M 5.) On Monday morning the prosecutor gave the prisoner in charge, and proposed to him to searched—he took the money out of his pocket himself, and put it on the table—the prosecutor selected one shilling and one sixpence, which he said he had marked on Saturday night—I asked the prisoner if that was his money—he said yes—I then asked him if he had received any money of the prosecutor since he had been there—he said, no, and I took him into custody.
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Nine Months.
Before Mr. Common Sergeant.
392. THOMAS KENNEY was indicted for forging a request for delivery of 1 saw-plate, with intent to defraud Richard Richards and another, on the 24th of August.—2nd COUNT, for uttering the same: also forging a request for delivery of 1 sovereign, with intent to defraud Richard Richards, and another, on the 13th of July.—2nd COUNT, for uttering the same; to which he pleaded
GUILTY . Aged 48.— Transported for Seven Years.
(There was another indictment against the prisoner.)
393. BENJAMIN MATTHEWS was indicted for stealing, on the 1st of June, 2 gas-pillars, value 1l.; 4 pairs of tongs, value 16s.; 360 gas-burners, value 4l. 16s.; 41 cocks, value 2l.; 1 tap, value 5s.; 84 union-joints, value 2l.; 30 feet of tubeing, value 7s.; 8 lbs. weight of wire, value 5s.; 1 box, value 1s.; 4 brushes, value 4s.; 27 screws, value 13s.; 64 files, value 2l.; 33 gas-filters' tools, value 3l.; 67 lbs. weight of brass, value 1l. 13s.; 96lbs. weight of solder, value 4l.; 40lbs. weight of lead-pipe, value 1l.; and 80 lbs. weight of iron-pipe, value 2l.; the goods of John Stevens and another, his masters; to which he pleaded
GUILTY . Aged 40.— Transported for Seven Years.
394. ANN REYNOLDS, alias Brown , and HARRIET BARRITT , were indicted for stealing, on the 5th of December, 1 set of fire-irons, value 3s.; 1 quilt, value 3s.; 1 blanket, value 1s.; 1 sheet, value 1s.; and 1 flat-iron, value 1d.; the goods of Julia Evans.
HARRIET LITTON . I am the wife of John Litton—we live in New-cut, Lambeth—Julia Evans is landlady of the house, and the things there are hers—I let the prisoners a room there, containing the articles stated—I missed the property on the 5th of December, when the officer called—there are the things—(examining them)—they are the property of Julia Evans.
HAYTER SCRIVENER . I am shopman to a pawnbroker in Blackfriars road. I have a blanket, quilt, and sheet—Barritt pawned the quilt—I cannot say which of them pawned the other two articles, but the prisoners were both together each time.
REYNOLDS*— GUILTY . Aged 48
BARRITT*— GUILTY . Aged 36.
Transported for Seven Years.
(There was another indictment against the prisoners.)
Before Mr. Recorder.
395. JOHN BENTON was indicted for stealing, on the 6th of December, 2 coats, value 10l., the goods of George Powell, and 1 cloak, value 4l.; 1 pair of trowsers, value 1l. 10s.; 2 razors and case, value 5s.; 1 brush, value 2s.; and 1 comb, value 2s.; the goods of William James Newton, in his dwelling-house; to which he pleaded
GUILTY . Aged 29.— Transported for Ten Years.
ADJOURNED TO MONDAY, JANUARY 6TH, 1840.