CENTRAL CRIMINAL COURT.
THIRD SESSION, HELD JANUARY 6th, 1840.
MINUTES OF EVIDENCE,
Taken in Short-hand
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
County of Middlesex, and the parts op the counties
of Essex, kent, and surrey, within the jurisdiction
CENTRAL CRIMINAL COURT.
Held on Monday, January 6th, 1840, and following Days.
Before the Right Honourable Sir CHAPMAN MARSHALL, Knt, LORD MAYORof the City of London; Sir John Gurney, Knt, one of the Barons of Her Majesty's Court of Exchequer; Sir John Taylor Cole ridge, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Thomas Erskine, Knt, one of the Justices of Her Majesty's Court of Common Pleas: Anthony Brown, Esq.; Sir Peter. Laurie, Knt; and Sir John Cowan, Bart.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Thomas wood, Esq.; William Magnay, Esq.; and John Johnson, Esq.; Alder men of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien' Arabin, Sergeant at Law; Her Ma jesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, lolden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS
CENTRAL CRIMINAL COURT.
MARSHALL, MAYOR. THIRD SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**), that they have been more than once in custody—An obelisk (dagger) that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
~OLD COURT.—Monday, January6th, 1840.
First Jury, before Mr. Recorder.
WILLIAM MOLE. I am a shoemaker, and lodge in Poole-terrace, CityRoad. On the evening of the 1st of December the prisoner came into my house, and brought a sailor with him—they were introduced to me by a young man named Davis, who lodges in the house—they went up stairs, and after a few minutes' conversation I was called up—Young produced this paper (looking at one) and said, this John Freeman had 75l. pricemoney to receive—he read the paper to me, and asked me whether I would oblige the sailor with the loan of a sovereign until the 12th of December, when he was going to receive his money, and he would be sure to return it to me again, and he would give me 10s. for the loan of it until the 12th—he told me the sailor's name was John Freeman, which was on the paper—he read the paper over to me, and told me it was quite right, for he (Young) had been to Mr. Goode's, No. 15, Surrey-street, to see the books, and it was quite right—I gave Young a sovereign, which he passed to the sailor—I parted with it, believing the account which he gave me to be true—he said he had to pay 2s. 6d. or 2s. to see the books—the paper was left with me—I saw Young two or three times in the course of the week, and he said it was quite right—I have never got my sovereign—the sailor came afterwards, and drew 13s. more on the same paper—I made inquiry, and caused the prisoner to be apprehended.
Prisoner. Q. Previous to the 1st of December, had anybody asked you to advance anybody a sovereign? A. No—Davis told me the sailor wanted to borrow some money on a paper, and that he had some pricemoney to receive—he did not ask me to lend any one a sovereign—I had seen you two or three days before—I did not send Davis to you to say I wished to advance money on the paper—Davis told me you said the sailor did not want to borrow money on the paper, but that you were very much in want of money, and if the sailor would borrow it you would be very glad, as you could have it then—he told me the sailor was in work, and did not want any money—you did not come to me about it before the 1st of December.
Q. Who did you lend the money to? A. I gave it into your hands, and you passed it to the sailor—I first put it on the shop-board—
——said, "Don't be too fast, take the money up again"—I took it up, and put it into your hand—the sailor did not say, "If you cannot lend me a sovereign, a few shillings will do"—he asked me to lend him another—I had been told I should have 10s. interest, but I did not ask for it—I did not send any body to your house after you were in custody—a young man, a carpenter, lodges in my house—he it not here—he has nothing to do with this—I did not authorise him to go to your house, nor do I know that he went—Davis was not to pay me back any part of this money—he proposed to pay me back, but I told him I did not want it—that was after you had been at Worship-street—he offered to pay me because I might think it was through him the money was lost; but I would not take it of him, because I knew he had no work at the time—the Magistrate had said he considered him as bad as the rest, which made him offer me the money back.
JURY. Q. What induced you to lend the money? A. He told roe he was very much in want of money, and had none to bay him victuals—I expected 10s. for it.
Prisoner. Q. Is it likely I could tell him I had paid 2s. to search the books, when he says I told him I had not 1s. in the world? A. You did not say you had paid the 2s.—you said it was stopped out of the pricemoney—you did not tell me yourself that you had not 1s. to get victuals—the money I lent was my brother's—it was given into my hands to lend to you—I do not recollect your saying you had no interest in the money—I did not tell the policeman that you laid so.
(Paper read.)—"This is to certify that John Freeman has served as able-seaman on board Her Majesty's Brigantine, Bonnett, from the 25th day of September, 1836, to the 4th day of November, 1839. The said John Freeman is 5 feet 4 inches, and is of a fresh complexion, and is entitled to share for all captures made during that period. Given under my hand, this 26th day of November, 1889.
Names of vessels captured. Slaves,
Cibra de Africa... 210
Payable at Frederick Goode, Esq., Agent, 15, Surrey-street, Strand, Dec. 12, 1839."
JAMES MOLE. I am the prosecutor's brother, and live with him—I am a shoemaker. On Sunday evening, the 1st of December, I was present when the prisoner produced this paper to my brother—after the prisoner had read the paper, he said it was quite right, because he had been to see the books at Mr. Goode's office, and had paid 2s. or 2s. 6d., I do not know which, to see them, and he said if we went to see the books, we should have to pay the same—he said he and the sailor wanted some money on the paper—my brother said he had no objection, if he knew the paper was quite right—he put a sovereign on the board, and the prisoner took it up—my brother did not know the prisoner before, only he came to see Davis who lodged in the house—the prisoner and the sailor went away together—the prisoner said the sailor's name was John Freeman—the prisoner handed the money over to the sailor—in consequence of not getting the
money back, I watched the prisoner, and bad him taken into custody on Wednesday the 11th—when I was at the station-house he asked if my brother would take the sovereign to make it up.
Prisoner. Q. Where were you when I came into the house? A. I was in the house, getting tea—you and the sailor together asked my brother to lend the sovereign—you took it up and passed it to the sailor—I understood it was to be lent to you and the sailor together—my brother looked to the sailor for payment of the money—he was to wait until the l2th for it, but he went to see if it was correct, and found it was not—I saw the sailor on the Saturday and Monday too, after the money was lent—he was along with the tailor on Saturday—he staid at our house all night—my brother lent him 12s. that afternoon—he asked him to lend it—I was not present then—my brother went out with him on Sunday afternoon for a walk—they were about two hours together—the sailor remained in company with my brother and Davis the whole afternoon—my brother lent him another 1s. on Monday morning—the sailor did not drink away the 12s. at our house—he slept there on Sunday, and went off on Monday morning, saying be was coming back, but we never saw him again—my brother did not authorize any body to settle this affair—he never sent a carpenter to your house—the carpenter lodged at our house—I understood the money was for you and the sailor together—the sailor said you had 8s. of it—you did not, to my knowledge, tell my brother you had no interest in the affair, after he lent the sovereign.
FREDERICK GOODE. I am a navy-agent, and live at No. 15, Surrey street, Strand. I am agent for the Dolphin, which made a capture of other vessels in the slave-trade, the Deloureusand Incomprehensible—there is nobody, named John Freeman, entitled to prize-money for those seizures—the Bonettais not the vessel which captured those vessels, but the Dolphin—I do not know William Roberts as a commander at all—there is such a vessel as the Bonetta, but I am not concerned for her—the prisoner did not examine my books—if he bad examined them he would not find this certificate correct—William Robarts had not the command of the Dolphin, but a man named Roberts, and this is not his signature—I know his hand-writing—the prisoner did not at any time make any application to me on the subject of this certificate.
LAMBERT WILKINSON. I am a policeman. I was on duty in Goldenlane, on Wednesday evening, the 11th—the prisoner was given into my custody by John Mole—he said he was innocent, but sooner than there should be a piece of work about the sovereign, he would make it up and give it him—I received the certificate which has been read from the prosecutor.
Prisoner. I have twice requested a person to serve a subpoena✗ on the carpenter and Davis, and they tell me they have endeavored, and cannot do so—they will not tell him the carpenter's name, and I do not know it.
Prisoner's Defence. I had not seen the sailor above once or twice previous to the transaction, he came round to my house. I never saw him but once, and we were separated for twelve months. When we last met we saw each other a day or two, and he told me he had a certificate of prize-money to receive. I asked him what the money was he was entitled to; he said, from 70l. to 75l. I saw him a few days afterwards in
company with Davis, who was present when the sailor produced the certificate out of his hat, and asked me if I knew any respectable person who he could leave the certificate with, and would lend him a few shillings to maintain himself, till he could get his money. I said I did not, unless my own father would. Davis said, "Well, you can go and ask your father, and I will ask my landlord if he will lend the sailor a sovereign." The sailor accompanied me up to my father's, and I only ask, if it is at all likely that I should be such an ungrateful scoundrel, as to go and ask my father to lend a sovereign on it, if I meant to rob him. I had not the slightest idea the certificate was not good. I had never seen such a thing in my life. I had no object whatever in serving the man, further than considering he was in difficulties, and to advance a trifle if it would help him. As to my saying I searched the books, and paid 2s. Mole and Davis well knew that I had not a shilling to bless myself with. I had been from home twelve months. I had been in trouble that twelve months, and it is not likely I could go and pay that money to search the books. I have a witness to prove I never saw the man till that time. I never asked Mole to advance him the money, but Davis came to me and said, "Have you done any thing with that certificate? " I said, "No, my father will not advance the money." He said, "I have asked my landlord, and he made me no reply." I said, "I shall not trouble further about it; " but in the evening the sailor asked me to mind the certificate for him, as he was going out. Next day Davis came and asked me if I had done any thing with it; I said I had not, and could not; he said, "There is a young man in our house to whom I have named it, he says he shall be glad to lend the sailor a sovereign or two, if he would give him interest; " I said if I saw the sailor I would let him know. Davis came to me next day; I said in all probability the sailor had got work, and if so, to let it rest. Next day I saw the sailor, who had been at work down at Shadwell, and I said nothing to him about Davis having offered to lend the money. He went away, and on Saturday Davis came to me again; I told him the sailor had got work. On Sunday, the 1st of December, Davis came to me again, and asked me the same thing; I told him, very likely I should see the sailor that day, and if he chose to lend him money he could. I saw the sailor in the evening, and told him a person in Davis's house would lend him money; he said, "Well, I only earned 3s. 6d. yesterday, and I will go to him." He asked me to accompany him. I handed the certificate to him, and we went to Davis's house, into a front room on the third floor; Mole was called up. Davis said, "This man wishes you to lend him a small sum of money, and he will lay in your hands a certificate entitling him to prize-money." He asked him if he knew what sum it was; he said he did not, and asked me the same. I said, "I tell you what would be your best plan; it would be, to go down to the office where he says the certificate is payable, and ascertain if it is correct; " he said, "There is no occasion for that, " and immediately laid a sovereign on the shop-board,; whether I touched it I cannot say, but I know I never had any money out of it. I saw Mole frequently afterwards; and so depressed was I in circumstances, that I asked him to purchase a duplicate of a brooch of me, which he did; and I believe, on the following day, I asked him to buy the duplicate of a gown-piece. I do not deny accompanying the sailor to his house, but I did not make any false representation about the certificate.
WILLIAM MOLE re-examined. I redeemed a brooch for him three or four days before I gave him in charge—it might be the Tuesday after I I lent the money, and he asked me to try to sell the duplicate of a gownpiece, but I could not.
JANETTA LEWIS. I live in the same house as the prisoner. I recollect a sailor coming to him—he took a certificate out of his hat, showed it to the prisoner, and wanted a sovereign on it.—(The witness here detailed a conversation which took place, which the Court ruled was not evidence)—Davis came four times to the house to see Young—after the prisoner was in custody, the prosecutor came and said if the prisoner would pay the sovereign he would be satisfied.
WILLIAM JUST. On the night the prisoner was taken into custody I was in his house—I heard a person come and ask to see his wife—I saw Davis watching and listening to all that was said—the man wanted to make a forcible entrance up stairs—before that Mr. Mole came himself to the prisoner's house, and said, "If you can make up the money it will prevent the prosecution"—I believe the prisoner was incapable of making it up—Mole said, "It will be a compoundfelony if I take it, but yet I will take it"—he asked the prisoner's wife if she had not got a silver watch, or other property, to the amount.
WILLAM MOLE re-examined. I did not make any proposition about taking a silver watch—I know nothing of it—I neither sent any body, nor went myself—I never said I would compound the felony, and if they could make up the money there should be no prosecution, nor any thing of the sort—I never saw that man till he was at Worship-street—the woman came to me on the Saturday, and told me Mrs. Young wanted to see me—I went, and she asked me, if she was to make the money up, whether I would not appear against him—I told her I would let her know in half-an-hour—I did not send any body to her nor to the prisoner—it is all false—they asked me to make it up—I said I dared not, because I had gone too far with it—I have tried all I can to take Freeman into custody.
Prisoner. Q. You said before the Magistrate, although you knew he frequented houses about Shadwell, you had gone to Westminster to look for him? A. I said I went up that way, thinking I might fall in with him there—I do not know what houses he frequents—I did not go to Shadwell with him on the Saturday night after I lent him the 12s., nor did he spend the 12s. in our house—he was out three or four hours on Saturday, and went out again on Sunday morning—he came back to dinner.
GUILTY.*Aged 30.— Transported for Seven Years .
WILLIAM SMITH. I am an excavator, and live at Mersham, in Surrey. On Friday, the 29th of November, about ten o'clock at night, I went to the Nag's Head, on Tower-hill, with a man and two women—I asked Richard Holt to bring me a pint of ale—he brought it, and I gave him a sovereign to pay for it—he was to bring me the change back—he came back, and said I should have change directly—I waited for five or seven minutes, but it did not come—I then followed him out, and he made a statement to me—I did not get the change from him.
cial-road. I was at the Nag's Head when Smith came—I fetched a pint of ale for him—he gave me a sovereign, and told me to get the change—as I was going out at the tap-room door towards the bar, the prisoner took the sovereign out of my hand, and said, "I will go and get change while you play for the dance"—he took the sovereign from ray hand—I went back, and began playing—he did not bring me the change—I saw no more of him till he was in custody—I had seen him before—he occasionally fetched beer for people there.
Prisoner. As he was going out of the house with the sovereign in his hand, be kept saying, "Would you like a sovereign? "—I said I would go and get change, and he gave me the sovereign in my hand—I was out of work, and I bought a few clothes with the money. Witness. I did not show him the sovereign.
ELIZABETH GOLLINGS. My husband keeps the Nag's Head. The prisoner used to frequent the house sometimes—he was not authorized by us to get beer or change for the customers—we had forbidden him the house—he was brought in by a sailor on this day, or we should not have let him in—on the 29th of November I supplied Holt with a pint of ale, which he took into the tap-room—he was to bring me the money, but he did not—I saw the prisoner come out of the tap-room, and go out very quickly—he did not bring me any sovereign to be changed—I saw no more of him till he was in custody—Smith afterwards came to the counter with Holt, and inquired for the money.
DANIEL M'NAMARA (police constable H159.) I received the prisoner into custody at Lambeth-street office, on the 23rd of December, from another officer, who had taken him for an assault—I took Holt in the first instance, and he was discharged.
Prisoner's Defence. I should not have taken it if he had not kept showing it to me—I had been out of work eight or nine weeks, and I was going to work on the morning I was taken—I am a tailor—Holt's father offered to take 2s. a-week for it, and afterwards he would not take it, or I hoped to have made the money up to him.
GUILTY.**Aged 17.— Transported for Ten Years
GUILTY.Aged 30.— Confined Six Months
(The prisoner received a good character.)
399. THOMAS BUTTON was indicted for stealing, on the 15th of November, 1 jacket, value 12s.; 3 waistcoats, value 18s.; 1 pair of trowsers, value 10s.; and 1 1/2 yard of corduroy, value 3s.: also, on the 18th of December, 1 jacket, value 18s., the goods of William Henry Swift, his master; to both of which be pleaded
GUILTY.Aged 13,— Confined Six Months
SARAH GOODMAN. I am the wife of Henry Goodman, and live in Burgess-place, Vincent-square, Westminster. On the morning of the 22nd of December I was in a grocer's shop at the corner of Struttonground—the prisoner and another young person were there—they were
close to me—the shop was very full of people—when I came to pay for my goods I missed 3s. and a half-crown from my pocket—the prisoner was gone then—Mary Slinsby had been in the shop—I saw her outside the shop, and spoke to her—she pointed oat the prisoner to me, and I accused her of taking my money—she used abusive language, and said she had not—I said I could swear to it—she pulled a silver coin, a half-sovereign, half-a-crown, 1s. 7 1/2d. out of her pocket, besides my money, and said, "You had better swear to it all"—one of my shillings was marked down the face—she threw one on the ground—I picked it up, and found it was the marked one which I had had in my pocket with the other money when I went into the shop.
Prisoner. When she accused me of taking the money I pulled out all the money I bad, and said, "You had better say all this is yours"—she immediately snatched 5s. 6d. out of my hand, and knocked half-a-sove-reign out of my hand—I said I would wait till a policeman came, and when one came I said she bad taken 5s. 6d. out of my hand—he said, "Will you give her in charge? "—I said, "Yes, " and when we got to the station-house she said this shilling was here, the could swear to it, for it was marked—she carried the money herself all the way to the stationhouse, and when the inspector asked where it was, she gave it into the policeman's hands. Witness. The policeman carried the money to the station-house—I gave it to him in the street—I am quite sure the marked shilling was part of the money the prisoner took out of her pocket—I had no other money about me.
MARY SLINSBY. I live with my mother in Simon's-buildings, Old Pye-street. I was at the grocer's shop in Strutton-ground—I saw the prisoner there standing close up against Mrs. Goodman with her hand straight down in Mrs. Goodman's pocket—a girl who was with me, said, "Look at that woman picking her pocket"—I am quite sure her hand was in Mrs. Goodman's pocket—I saw her take it out—she went out of the shop, and left the other girl who was with her for the tea and sugar—when Mrs. Goodman came out I told her what I had seen.
Prisoner. If she saw my hand in the pocket why not tell the woman directly? A. I did not know any thing about it till I saw her accusing two little girls of it—I came up to see what was the matter, and she said it was me—I was buying some tea and sugar in the shop, and I had it with me at the station-house.
GEORGE LAMBLEY (police-constable B70.) The prisoner was given into ray custody by the prosecutrix about ten yards from the grocer's shop—I received 5s. 6d. from Mrs. Goodman at the station-house, not till I got there—she carried it there herself—she had her hand clenched all the way, and did not open it—I did not know she had the money till we arrived at the station-house, which is about three minutes' walk—she said if it was her money a shilling was marked across the head—I examined the money, and found one shilling marked—I found a half-sovereign, a half-crown, 1s. 7 1/2d., a silver coin, and a duplicate of a sheet on the prisoner—she had some sugar, which she attempted to throw into the fire, but a constable picked it up, and gave it to her—she had no tea or any thing else with her.
Prisoner. I had some coffee. Witness. I searched her, but found nothing else—when I first came up in Strutton-ground she opened her hand, and said to the prosecutrix, "You had better swear to all the
money"—I have the money, and here is the marked shilling—(producing it.)
SARAH GOODMAN re-examined. This is my shilling—it came into my possession with the mark upon it—I had taken out 5s. 6d. just before I went to the shop, and put it in one corner of my pocket—I am sure this is my shilling—I was very agitated at the time, and am not certain whether I did carry the money to the station-house myself or not.
Prisoner's Defence. She was several yards behind me and the officer, and what she might have done with the money he could not see.
(The prisoner received a good character.)
GUILTY.† Aged 19.— Confined Six Months
JAMES STONE (police-Constable K154.) On Saturday, the 21st of December, I saw the prisoner near the prosecutors' rope-walk, near Lovelane, Shadwell, with this rope-yarn—I asked what she had got—she said, "My work"—I asked what work—she said, "Yarn for knotting"—I asked whether this was knotted—she said no, but her brother had gone home with some that was knotted, and this was the remainder of it, with which she was to follow him and take home, or else they should not get paid for it, as it was Saturday night—I took her to the station-house—she said she lived in Commercial-road, afterwards she said in Cannon-streetroad, then in Chapman-street, and then in Dock-street—I found, at last, she lived at No. 27, Dock-street—I went with her to look for the place where she said she was to take the yarn to, but she could not tell where it was, and we went to look for her brother, but could not find him.
Prisoner. It was not me that stole it, it was a young man I used to speak to—he asked me to have something to drink, I carried his parcel for him, and the policeman met me with it—I did not say it was my brother—I was to meet him at the back of Limehouse Church, and I told the policeman so. Witness. I saw no young man with her.
JOHN WEBB. I am foreman to John Louch and his brother, ropemakers. They have a rope-walk which runs from Love-lane to King David-lane, Shadwell. On the 21st of December I saw the prisoner and the policeman at the side of my masters' premises, at the time he was examining the bundle—I afterwards examined it at the station-house, and found it corresponded with a haul of yarn on our premises, which was cut—we have seven other pieces similar to this—it is a peculiar quality—it is what we term inferior yarn—there are 218 threads in the haul I found cut, and the same number in that found on the prisoner—I am quite sure it is a portion of that haul—three of the prisoner's brothers were employed on the premises, and she herself bad been occasionally, but had been discharged two or three weeks—she bad no opportunity of taking this while she worked there—she had no communication with the part where it is kept, neither do I think she could have cut this herself—it would be very difficult for a female to cut—I think some one else must have cut it, and given it to her to carry—she was stopped close to the premises, and about fifty or sixty yards from where this yarn was kept—a person might stand inside, and give it to her outside to take away—our people leave off work at five o'clock at this time of year—she was stopped at half-past eight o'clock.
JAMES STONE re-examined. It was about fifty yards from the prosecutors' where I stopped her—she was walking very fast in a direction from the prosecutors,—I called to her as she passed me, but she did not seem to stop—I followed her, and then she stopped.
NEW COURT.—Monday, January6th, 1840.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY.Aged.25— Transported for Fourteen Years
GUILTY.Aged 31.— Confined Three Months
404. DANIEL THURLING was indicted for stealing, on the 23rd of December, 7 handkerchiefs, value 2l. 2s.; 1 half-handkerchief, value 3s.; and 4 yards of silk, value 30s.; the goods of Moses Charles Bidmead; to which he pleaded.
GUILTY.Aged 19.— Transported for Seven Years
405. MARY FIEST was indicted for stealing, on the 30th of August, 1 bed, value 2l.; 1 bolster, value 2s.; 2 pillows, value 4s.; 2 sheets, value 3s.; 1 blanket, value ls. 6d.; 1 tea-kettle, value 1s.; 1 counterpane, value 2s.; 2 curtains, value 2s.; and 1 looking-glass and frame, value 1s.; the goods of Mary Parker Woodland.
MARY PARKER WOODLAND. I am a widow, living in Henrietta-street, Manchester-square. The prisoner, who is a widow, lodged at my house—she said she was in constant work at an hotel in Bond-street, and mentioned some names that I knew—I took her in on the 2nd of August—she had one room furnished, in which these things were—she continued till the time I took her up—I had a great deal of trouble to get the rent—she used to have money from relations, and by that means I got it, till about five weeks before she was taken—in consequence of information, I followed her up stairs one day, got into the room, and then missed these things—she first paid 4s. 6d. a week, and then 4s.
JONATHAN POLLARD (police-constable D125.) I was sent for, and took the prisoner—she was charged with stealing—she said she had done it through distress, and she was very sorry, but if I would allow, she would send for a gentleman who would pay for the things.
(Property produced and sworn to.)
(The prisoner pleaded poverty.)
GUILTY.Aged 37.—Recommended to mercy .— Confined
SARAH GARNER. I am wife of John Garner, who keeps the Half Moon public-house, Strutton-ground, Westminster. These four pots are his—the prisoner was an occasional customer—he goes about with hearthstones—he was at our house on the 27th of December—he had some porter or some spirits, and went away between ten and eleven o'clock—the policeman brought the pots to me afterwards.
FRANCIS COOKE (police-constable B37.) I fell in with the prisoner in Snow's-rents, about a quarter-past eleven o'clock that night—I saw hit pocket bulky—I stopped him, and asked what he had got—he said "Nothing"—I put my hand into his pocket, and found a quart pot and a pint pot—I asked how he came by them—he would not give me a satisfactory answer—I took him to the station-house, and found the other pots and the owner.
Prisoner. It is my first offence—I always work hard for my living.
GUILTY.Aged 33.—Recommended to mercy .— Confined Six Months
FRANCES GRANT. I am the wife of John Grant, who keeps a, pastrycook's shop in Greycoat-place, Rochester-row. On the 28th of December, the prisoner and two others came, and one of the other boys asked for a halfpennyworth of sweets—the prisoner stood next the window—he reached over, took this cake, and ran away—the other two boys, who were a great deal older than the prisoner, stopped me from getting out—I pushed them away, got out, and called "Stop thief"—the prisoner saw the policeman, and threw it down.
GUILTY.Aged 11.—Recommended to mercy .— Confined One Month,
MR. PHILLIPS conducted the Prosecution.
MATTHEW MOORE (police-constable B83.) At eleven o'clock at night, on the 13th of December, the prisoner passed me in Rochester-row—I followed and stopped him in Vauxhall-road—he was carrying a basket—I asked him what he had got—he said, "Tools"—I asked him where he was at work—he said he was out of employ, and he had brought the tools from his brother's—I looked in the basket, and found it contained brass and a few pieces of copper, but no tools at all—he then said he had been down to Manchester, and bad just returned, and he should answer no more questions—I took him to the station-house, and there he said he bought the brass, down at Deptford, of a man in the street, but he did not know who—I am quite sure he told me there were tools in the basket—I went to a lodging the following morning, and found this hammer—here is 20 1/2 lbs. of brass and copper found in the basket.
Cross-examined by MR. ADOLPHUS. Q. You say he said they were a basket of tools? A. Yes, that was all.
JOHN DAWSON. I am foreman to the engineers of the London and South Western Railway Company. The prisoner was in their employ till June last, as a copper-smith's labourer, when he was discharged—I can recognise almost all this metal as the property of the Company, with the exception of these tubes—we have plenty of tubes, but I cannot exactly swear to these—no other company uses such brass-work at this to engines—I have brought some corresponding parts with me.
Cross-examined. Q. Do you mean they are of the same kind of metal? A. Yes, all the railways have not the same sort exactly—here are some parts I can swear to—they were cut off some engine—I ordered them to be cut off—I have no mark on them—they are like some we use—the prisoner has had nothing to do with the railway since he was discharged.
MR. PHILLIPS. Q. Is it possible for a copper-smith's workman to mistake these things for tools? A. No.
WILLIAM WILLIAMS. I am servant to Mr. Parrott, and live at Saffron Walden. On the 21st of December I was out with my master's wagon, at the Hand and Flower public-house, at Kensington—I had a coat on the wagon, which was loaded—I was away about half-an-hour—when I came back my coat bad been taken away—Sawyer had got it—this is the one I lost—(examining one.)
WILLIAM SAWYER. I am ostler at the Hand and Flower public-house. I saw the wagon there—the prisoners were about then—I saw M'Cormack take the coat from the fore-ladder, and give it to the other prisoner—they went away—I followed, and caught Harrigan with it—M'Cormack got away—Harrigan had got about one hundred yards from the wagon—M'Cormack was away till we got to Queen-square, and then we lighted on him and took him—that was about two hours after—I am sure he is the person.
Harrigaris Defence. I saw a boy going along—he asked me to take the coat—I did not know it was stolen, or I should not have taken it—he said he would give me a few halfpence to take it, and I did.
HARRIGAN— GUILTY.Aged 17.
M'CORMACK— GUILTY.Aged 19.
passing the prosecutor's shop, and saw Harrigan take the shovel from the door—I followed and stopped him—he gave a bit of a run, and dropped the shovel—the other prisoner was close to him when he dropped it—M'Cormack was waiting for Harrigan, about twenty yards from the prosecutor's shop—lie could see the shop—I had seen them both waiting about some time before.
Harrigan's Defence. At that time I was about Clerk en well, looking for work.
HARRIGAN— GUILTY.Aged 17.
M'CORMACK— GUILTY.Aged 19.
✗ Transported for Seven years
OLD COURT.—Tuesday, January7th, 1840.
Second Jury, before Mr. Recorder.
ABRAHAM DAVIS. I live in Princes-row, Pimlico, and work for Mr. Cubitt. On the afternoon of the 26th of December I left a shovel in a shed in Mr. Cubitt's brickfield, locked the door, and went home to dinner, between twelve and one o'clock—I then went to the King's Head publichouse, which is about a furlong from the shed—while there, the prisoner came in—in consequence of information, I went to the shed, unlocked the door, found the brick-work had been broken away and replaced, and a shovel belonging to John Bates gone—this is it—(looking at it)—I can swear to it.
JAMES LLOYD (police-constable B161.) On the 26th of December Burton spoke to me a few minutes to three o'clock—I afterwards met the prisoner in Commercial-road, with a shovel under his arm—I secured him—he said he bought it of a man now living at Chichester.
BENJAMIN BURTON. I live in a house of Mr. Cubitt's in the brickfield at Pimlico. On the afternoon of the 26th of December I saw the prisoner about two strides from the shed, running away—he then began digging where I thought he had no business to dig—it was about twenty minutes to three o'clock—he had not been at work in that part of the premises for some time—I met the policeman, and told him.
Prisoners Defence. I had the shovel in my possession about three weeks—I was out looking for work that day.
ABRAHAM DAVIS re-examined. I can swear to it from a thousand—I never saw a handle marked like that before—I have worked with it, and always had the care of it to lock it up—the prisoner has been employed by Mr. Cubitt, but not lately.
GUILTY.Aged 19.— Confined Three Months
412. EDWIN BISHOP and CHARLES WILKINSON were indicted for stealing, on the 20th of December, 2 pewter pots, value 2s. 6d., the goods of Charles Temple; 1 pewter pot, value 1s., the goods of John Curd; 1 pewter pot, value 1s., the goods of William Bridge; and 1 pewter pot, value 1s., the goods of Ann Caslake.
JOHN EATON (police-constable S193.) On the 30th of December I was in High-street, Camden-town, between four and five o'clock in the afternoon, and saw the two prisoners in company together—I watched them—they got over into a field opposite Mornington-crescent—I got over the
fence—they then both ran away in different directions—I stopped Bishop, and said, "Halloo, what are you doing here? "—part of a pot dropped from under his coat—I said, "How many more have you got? "—he said, "I will give you all I have got"—I found three pints and one quart on him, all cut up as they are now—I asked him where he got them from—he said, "I will tell you the truth; we stole four pints and one quart, and Charleycut them up"—I took him back to where I had seen them both standing, and there I found this pint pot whole—I took him to the station-house, and on Sunday night Wilkinson was apprehended—I found him in custody, and said, "Halloo, Charley, what, caught at last? I want you, about the pots"—he said, "I know nothing about it."
Cross-examined by MR. ADOLPHUS. Q. You did not know Bishop before? A. No—he is much younger than Wilkinson—I believe he always bore a good character, and that this is his first offence—the field belongs to Mr. Rhodes, the cow-keeper—people do sometimes cross it.
JOHN CURD. I keep the Fitzroy Arms, Camden-town, which is about one-eighth of a mile from the Britannia public-house. This is my pint pot—I serve persons in the same street as Mr. Temple does—our pots are very frequently hung on the railings in the same street as his.
Cross-examined. Q. You do not know when you lost it? A. No, nor where from.
Wilkinson's Defence. I know nothing at all about it—I was at work at the time.
(Bishop received an excellent character.)
BISHOP— GUILTY.Aged 17.— Confined Ten Days
WILKINSON— GUILTY.Aged 10.— Transported for Seven Years
EDWARD BULL. I am a currier, and leather-seller, and live in Highstreet, Shoreditch. The prisoner was my warehouseman for nearly thirteen years—he served part of his apprenticeship with myself and brother, but left us about three years—he bad been in our joint employ seven or eight years, but my brother and I dissolved partnership about eighteen months ago, since which he was in my sole employ—on the Friday previous to the 21st of December I caused my brother John to mark eight half-crowns and five shillings—next morning he marked ten shillings in my presence—I delivered the eight half-crowns and five shillings to Hedgeman, and the ten shillings my brother handed to Mr. Brown—on Saturday, the 21st of December, a little after one o'clock, the prisoner left to go to dinner—I called him back, and engaged his attention in the counting-house, while my brother fetched an officer, who took him, searched him, and found a halfcrown in his outside jacket pocket, and in a purse in his trowsers pocket three shillings- the halfcrown was one of those marked on the Friday, and the three shillings had been marked that morning.
Cross-examined by MR. BODKIN. Q. Was not some gold found on him? A. I think a half sovereign—I said nothing to him till the officer came—my brother has no interest in the business.
JOHN BULL. I live in Charles-square, Hoxton. On Friday, the 20th of December, I marked some half-crowns, and five shillings, and gave them to my brother—next morning I marked ten more shillings, and gave them to Mr. Brown—I was at my brother's shop that morning, and saw Brown's servant served by the prisoner with a score of mats, which came to 16s.—I also saw Archer in the shop—he was served by the prisoner—directly after he served Archer, I carried the till up stairs, and examined the money—I selected all the marked money, and found a deficiency of three shillings, which were marked on Saturday morning, and one half-crown, which had been marked on Friday night—I went to fetch an officer, who searched the prisoner, and found in his jacket pocket several papers and bills, an order which Mr. Brown's servant had brought for the delivery of the mats, and a half-crown piece marked—his other pockets were searched, and from his purse the officer took out three marked shillings, with other money.
Cross-examined. Q. Did you take the till away while the prisoner was there? A. The prisoner was not in the shop when I took it out—he was gone back to the warehouse, which was his usual station—he had not left a minute—I went out while Archer was paying the money to him, and returned directly—Brown's servant had been gone about twenty-five minutes—I was occasionally in the counting-house in the interval—the till was never locked—there was about 3l. in it.
THOMAS HEDGEMAN. I live at No. 218, High Holborn. On Friday, the 20th of December, I received from the prosecutor eight half-crowns and five shillings marked—I handed them, on Saturday morning, to Mr. Archer—(looking at half-a-crown)—this is one of them.
Cross-examined. Q. Did the prisoner bear a good character in the prosecutor's employ? A. He did till within the last three months.
THOMAS ARCHER. I am a currier, and live in Gerrard-street, Soho. On Saturday, the 21st of December, I received eight half-crowns and five shillings from Mr. Hedgeman—I went with it to Bull's, and bought things amounting to 25s. 2d.—the prisoner served me—I paid him the eight half-crowns and five shillings I received from Hedgeman—I had previously marked them myself besides—(looking at a half-crown)—this is one of them.
EDWARD BROWN. I am an upholsterer, and live in Curtain-road. On Saturday the 21st of December, I received ten shillings from Mr. Bull, marked—I delivered them to my servant Edward to go to Bull's for twenty mats, which came to 10s.—(looking at three shillings)—these are three of the shillings.
WILLIAM DEARMAN (police-constable G162.) On Saturday, the 21st of December, I was called into the prosecutor's shop—I found the prisoner behind the counter—I searched him by desire of Mr. John Bull, and found in his jacket pocket a half-crown and a halfpenny, and in his other pocket half a sovereign three half-crowns, and three shillings, which I have produced—he was charged with stealing them, and made no answer.
Cross-examined. Q. Did he pull the papers out of his jacket pocket? A. Yes—I pulled the money out myself—he pulled out his purse.
(John Coombs, George's-place, Hackney-road; James Stanton, Kingsland-road; Robert Innocent, watch-maker, Hackney-road; Peter Kennedy, hair-dresser; Edmund Hunt, Thomas-street, Hackney-road; Augustus Wynn, Great Chamber-street; and William Turner, Hackneyroad; gave the prisoner an excellent character.)
GUILTYon the First Count. Aged 88.— Transported for Seven Years
GUILTY.Aged 22.— Transported for Seven Years
WILLIAM JOHN SMALLSHAW. I am assistant to Mr. Fleming, a pawnbroker, in Newgate-street. On the 28th of December, about five o'clock, the prisoner came and offered a pair of shoes to pawn for 2s.—I saw a mark on them, which I knew to be Mr. Russell's—I offered her 1s. on them—she went out, and brought in another pair—I asked her where she got them—she said she bought them in Holborn—I said I should Stop them—she went out, and did not return till Monday morning, when she came, and said she was come to retrieve her character about the shoes—I asked her how she got them—she said a woman outside had given her them to pawn, and she had not seen her since—I gave her in charge—our shop is about a quarter of a mile from Russell's—I had Been the prisoner at the shop before, about two years ago, selling braces, and stocks, and things.
JOHN DANIEL. I am salesman to Jacob Russell, a pawnbroker, in Fore-street. These shoes are his, and have his mark on them—they have never been sold—they were safe in the shop on the afternoon of the 28th—a person had tried the shoes on in the shop that afternoon—it was not the prisoner.
Prisoner's Defence. I have been in the habit of selling stocks, and braces, and stiffeners about—a young woman, who I often met in my rounds, accosted me, and said she and her sister had been keeping Christmas, she wanted a shilling or two, but being rather in liquor, did not like to go into a pawnbroker's, and got me to pawn them—the young man offered 1s.—I went out to her—she then said, "My sister's must go as well, " and I took these in—the gentleman stopped them—I came out and told her, and the went away down Butcher-hall-lane—on Monday I went to tell him how I came by the shoes, and he gave me in charge.
MR. PRENDERGAST conducted the Prosecution.
JANE ELIZA WOOD. I am the sister of Sarah Wood. I was present at her marriage to the prisoner, on the 22nd of October, 1838, at Shoreditch church—they had been acquainted nearly two years—they did not sleep together regularly every night afterwards, but he visited her until March—he generally came two or three times a week after the marriage—Mr. De Coster, who brought the prisoner up from infancy, was to put him in busi
ness, and he arranged with my sister that she should stop at home until he did put him in business—I did not hear that from the prisoner—I knew it from my sister—I have frequently heard the prisoner say, Mr. De Coster was to put him in business—the interviews between him and his wife took place at the house where I lived with my sister—they were in a private apartment, in the front parlour—I was not present at all times—they usually sat alone.
cross-examined by MR. PHILLIPS. Q. There was nothing, I suppose, to prevent your going in and out of the room when he visited your sister? A. No, nor any of the family—I was at the wedding—we all returned home—the prisoner lived with his aunt, in Clifton-street—my sister accompanied him to Mr. De Coster's—she came home again that day, and the prisoner with her—he did not sleep in our house that night—he never slept there—my sister lived in the house—I never saw the second wife till she came to us—I saw her at our house before her marriage—she inquired of me whether the prisoner was married to my sister—I fully satisfied her that he was married—I called my sister down to satisfy her of that, and she satisfied her she was his wife in every respect—I did not hear what she said to her myself—I told Miss Riseley they were married.
MR. PRENDERGAST. Q. Your sister and her had an interview? A. Yes—I never knew my sister and the prisoner to go any where besides the front parlour—they were never in any bed-room in the house, to my knowledge—they remained some hours together—he generally stopped three or four hours—they generally remained the whole time by themselves.
COURT. Q. On the day of their marriage they returned to your mother's house? A. To my elder sister's house; I have no mother—in the afternoon, about three o'clock, they went to where the prisoner lodged, and returned about seven o'clock in the evening—he remained till about eleven o'clock—they were in company with the family all that time, and then he went away alone—he continued to visit my sister until about the middle of March—my sister is living now.
ELIZABETH WOOD. I am the sister of Sarah Wood. On the 22nd of October, 1838, I was present at her marriage to the prisoner at Shoreditch church—they went home to my house, and dined, and about four o'clock in the afternoon went to Clifton-street, which was the prisoner's residence at that time—they.left together to go there—the prisoner said he was going there—they returned about seven o'clock in the evening together—my sister was twenty-seven years old—the prisoner was twenty-two or twenty-three—they were married by license.
GEORGE YARROW. I am clerk of Shoreditch church. I produce the register of marriages—I have an entry of marriage on the 22nd of October, 1838, between William John Hood and Sarah Wood by license—witnessed by myself and Jane Wood.
ROBERT BAALHAM. I am parish clerk of St. Paul's district parish, Islington. Marriages have been performed there about five years—I have an entry of the marriage of William J. Hood and Elizabeth Stocker Riseley, witnessed by Charles and Lydia I veson—I think I can recollect the prisoner—they were married by banns—our church is about a mile and a half from Shoreditch.
ELIZABETH STOCKER RISELEY (examined by MR. PHILLIPS.) I was married to the prisoner—I knew he was married before I had him—I saw his first wife—he lived with me up to the time of his apprehension—he behaved to me as kind as possible—no man could behave kinder—I have one child by him.
COURT. Q. What condition of life were you in? A. A dress-maker—the first wife told me she refused to live with him, and he was at liberty to marry if he liked, and most likely he would marry me—she told me she had never lived with him, and I thought therefore the marriage did not stand good, and so did he—she told me herself that she never lived with him, and he lived at our house when they were married.
GUILTY.Aged 23.—Recommended to mercy by the Jury and Prosecutrix .
— Confined Six Months
GUILTY.Aged 38.— Confined Three Months
NEW COURT.—Tuesday, January4th, 1840.
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY.Aged 40.— Confined Six Months
GUILTY.Aged 16.— Confined Six Months
SARAH EDWARDSA. I am the wife of James Edwards, a type-founder, living in Moneyers-street, Hoxton New-town. The prisoner lodged there three weeks—he told me he traveled for a blacking-maker—I missed some articles on the 15 th of December, but did not suspect him—I mentioned to him that I had been robbed—he said, "Have you indeed; have you any idea who it is? "—I said, "I don't know, I have been out, and there is no one in the house betides the people below stairs"—my property was in the back room up stairs—I know it was safe on the 10th of December—among the property was two spoons, a sovereign, and one very old crown—I have not found the spoons.
WILLIAM KIRTON. I keep a coffee-house. I have known the prisoner five or six weeks—on the 12th or 13th of December he showed me an old 5s. piece, such a one as I never saw before—he said he bad picked it up in the City-road on the previous evening—I do not know what reign it was of.
the 20th of December I was on duty at the Hoxton station-house—I went to a beer-shop with the prosecutor, and found the prisoner concealed under one of the seats in the tap-room—it was mentioned to him at the station-house what he was taken for—he said he was innocent.
Prisoner. I stooped to pick up my hat—I did not crouch under the seat.
421. JOHN HYDE was againindicted for stealing, on the 20th of December, 1 watch, value l. 10s.; 1 watch-chain, value 4s.; 2 watch-keys, value 12s.; 1 split-ring, value 14s.; 1 seal, value 20s.; and 1 accordion, value 10s.; the goods of James Edwards.
SARAH EDWARDS. We lost this watch-chain with the seal and keys from a little case at the head of my bed on the 20th of December—it was safe on the 19th when I went to bed, and the door was locked in the night—the prisoner was still remaining in the house at that time—I consider it was safe on the morning of the 20th—I missed it about eleven o'clock in the morning—the prisoner was in the house at that time—it has not been found—I missed an accordion from the front room adjoining my bedroom.
ALFRED HULME. I am in the service of Mr. Kennedy, a pawnbroker, in Rochester-terrace, Stoke Newington. On the 19th of December, between, three and five o'clock in the afternoon, the prisoner pledged on accordion, with me-this is it.
Prisoner. Q. Did you take it in? A. No—I wrote the ticket, and gave you 4s. for it—you asked 5s.
Prisoner. Q. I stooped for my hat. A. You were tying on your side as far under the seat as you could.
JURY. Q. Why did he lay down? A. The prosecutor went in before me, and then he laid down.
(Richard Dyer, a marine-store dealer, gave the prisoner a good character.)
GUILTY.Aged 19.— Transported for Seven Years
422. EBENEZER RADFORD was indicted for stealing, on the 10th of December, 12 shirts, value 1l. 8s.; 12 pairs of socks, value 8s.; 1 pair of braces, value 1s. 6d.; 8 handkerchiefs, value 1s. 6d.; 2 pairs of trowsers, value 15s.; 2 jackets, value 19s.; 1 cap, value 3s.; and 1 woollen shirt, value 3s.; the goods of Benjamin Prew.—2nd COUNT, stating them to be the goods of Abel Smalley.
SARAH SMALLEY. I am the wife of Abel Smalley, a mariner. Mr. Prew supplied my husband with goods—my husband had purchased the things stated of him—they were sent to our house—I bad seen the prisoner several times before—I had known him four or five months—he came to my house on the 10th of December—he said, "Your husband is not going in the ship"—I said no, he was not—I said I supposed he had come from Mr. Frew's for the things—he said, "Yes, "and accordingly I gave him them—I had sent to Mr. Prew that morning to tell him to come and fetch them—I went over the items of the bill with the prisoner—he tied the things up in a handkerchief, and took them away—I understood from him that he was to take them to Mr. Prew's—he said he
understood my husband had been on the Monday morning to Mr. Prew's, and had the remainder of his cash note—I knew the prisoner had been in Mr. Prew's service, and on the Saturday morning he came to my house, and offered me a card—I said I understood he had left Mr. Prew—he said "No, " Mr. Prew and he had made all things, right, and he should be glad to see Mr. Smalley at Mr. Prew's.
Cross-examined by MR. PHILLIPS. Q. Your husband was, to have sailed on board the Cormandel? A. Yes—I knew be had been to Mr. Prew's to order these goods—some mistake arose about the Cormandel, and my husband did not go—the prisoner said Smalley was not going in the Coromandel, and I said he was not—I said I had not seen him since Monday—I said he was gone to Liverpool, or on board a man-of-war; that I bad been; keeping him six months out of employ, and I would not live any more with him—the prisoner said it was a bad job, that he had been on board the Coromandel, and the cuddy servant said that I would give up the goods to Mr. Prew—then the goods were brought out, and counted, and delivered by me to the prisoner—my husband did not sail—he came home the next day—I did not know where he was gone—he is here.
BENJAMIN PREW. I am a general outfitter. I served the goods in question as an outfit for Smalley—the prisoner was not in my service on the 10th of December, be had quitted it about ten weeks—I did not desire him to get these things—I never saw him after the goods were sold to Smalley, till he was in custody—I never received these goods back.
Cross-examined. QYou got a letter, did you not? A. Yes, it has noaddress upon it—it is signed with the prisoner's name—I believe I had seen the prisoner on the Friday or Saturday before this communication of Mr. Smalley to me—the prisoner had been-acting as a commission-agent, till about ten weeks before this, when a young man of mine left, and the prisoner went with him—I believe the young man set up in my business, and the prisoner became his commission-agent—I paid the prisoner all that was due to him—he never delivered me a bill, that I positively swear—a man named Perceval is not here—I paid the prisoner his commission every Saturday—all the parties in the shop were present when I paid him—he did not come into my employ after he left me, he merely called at the door on Friday or Saturday, and told me he had left the party where he had been—I did not give him any cards—I will not swear that no one in my employ gave him any—I have a servant named Church—I do not know whether he is subpoenaed.
Cross-examined. Q. Had you known him before? A. Yes, for eighteen months, by his coming to our shop.
COURT to BENJAMIN PREW. Q. You said there was no address on this letter? A. There is, at the top of the letter "Newington-road, " and no number on it.
JURY. Q. Did you know the prisoner had possession of these goods before you received this letter? A. Mrs. Smalley told roe about two hours after he got the goods.
Cross-examined. Q. Had you seen the prisoner in the mean time? A. No, I had not.
GUILTY.Aged 57.—Recommended to mercy by the Jury , Judgment. Respited.
423. RICHARD WILLIAM ATTWOOD was indicted for Healing, on the 18th of December, 1 pair of trowsers, value 1s.; 1 waistcoat, value 6d.; and 1 pair of drawers, value 1d.; the goods of Richard Attwood; to which he pleaded
GUILTY.Aged 15.— Transported for Seven Years—Convict Ship
SOPHIA SAMWAYS. I am the wife of James Sam ways, a messenger in the Treasury, living in Belgrave-place. I was robbed on the 2nd of November—I have a garden in front, and they got over the iron palisades at the bottom of the garden, between eleven and three o'clock in the night, got into the area, cut the safe, and slipped the lock—I lost three brushes, a knife, and a piece of sirloin of beef—to the best of my knowledge I have seen my knife since—it is a pruning-knife—I have had it many years—this is it—(examining it)—I have used it—these brushes are mine.
THOMAS IRONS (police-constable B158.) I apprehended the prisoner on the 22nd of December, about two o'clock in the morning—I found the brushes and knife in his house in the morning—he was taken into custody and locked up in the watch-house.
Prisoner's Defence. These brushes I bought in Berwick-court, about twelve months ago, and I can find a person who used them.
GUILTY.Aged 34.— Transported for Seven Years
HANRY HILL. I live in Graham-street, Eaton-square. On the 8th of December I lost a Stilton cheese and another cheese, which were sent me from Worcester—they were in the area, and safe, about eight or nine o'clock in the evening of the 7th—I missed them the following morning—the safe had been locked, and the canvas was cut, and the lock pushed back—I saw part of the cheese at Queen-square a fortnight after it was taken—I think it is my cheese—it is like that J lost—I never saw the prisoner.
Prisoner's Defence. I bought the cheese about seven weeks ago in the New Cut—I paid ready money for it.
THOMAS IRONS (police-constable B158.) I was on duty in Queen'srow, Pimlico—I saw the prisoner come down Arabella-row, about three hundred yards from Sir George Mundy's, about two o'clock in the morning, on the 22nd of December—he had a bundle, partly concealed—he was walking very fast on the dark side of the road—I asked what he had got—he hesitated, and then said it was a bird—I said, "What kind? "—he said, "A pheasant"—I said it appeared very large—he said he had two—I took him to the station-house, and asked where he got them—he said from a brother-in-law in the service of Mr. Stewart—I went there, and no such person was there—I opened the bundle, and it contained a hare and two pheasants, all dead.
DIANA COLE. I am housekeeper to Sir George Mundy, knight, No. 2, Grosvenor✗-street West, Pimlico. On the 21st of December I saw this game—it was sent that day, and was hung up in the area—I saw them again in custody of the policeman—I knew them, and I knew the string I had tied on the birds—I did not see them after dark on the 21st.
Prisoner's Defence. I got them from this friend, who had them from the country—I did not say my brother was in Mr. Stewart's service—I said he had lived with him.
GUILTY.Aged 34.— Transported for Seven Years more
ANDREW BESSELL. On the 23rd of December I was in Newgate-street, a little after six o'clock in the evening—I had a handkerchief in my pocket—I felt a tug at my pocket, and instantly turned round, sew the prisoner make off, and drop the handkerchief—I pursued, and overtook him—the policeman came and took him—I never lost sight of him—this is my handkerchief—(examining one.)
Prisoner. Q. Can you take your oath you saw me take the handkerchief? A. No, but I saw you drop it, and run away—you were close to me when I turned round—I did not say I had a doubt of him—I said I did not wish to prosecute him on account of the inconvenience.
Prisoner's Defence. It was very wet—I was running along, and the prosecutor ran and took me—he was there about ten minutes, and a gentleman brought the handkerchief up to him—the prosecutor had a doubt of me, and was willing to let me go.
GUILTY.Aged 18.— Transported for Ten Years
ELIZABETH PAPWORTH. I am married, and live opposite the prosecutor's, who keeps an umbrella shop. About eight o'clock at night, on Friday, the 20th of December, I was looking through my window—I saw two men, and a young man in a butcher's frock, who had an umbrella, looking at it, under the gas, about two doors from the prosecutor's shop—the two men went back to Mr. Green's shop, and the butcher went on to White lion-street, with the umbrella up—a man came out of Mr. Green's shop, who disturbed the two men, who were lurking about the door—I went out and told Mrs. Green—on Sunday the prosecutor sent for me, and said he had lost an umbrella—I cannot swear that the prisoner is the person I saw with, the umbrella.
JOHN GREEN. I keep an umbrella shop in Mon mouth-street. Papworth came and told me about two men being about my door—I did not miss an umbrella then, but three minutes after I missed it—I gave information to the policeman, and heard no more till half-past nine o'clock on Saturday night, when the policeman came and told me something, and I saw my umbrella—the prisoner was in custody, but I did not see him till the Tuesday, and then he had a butcher's frock on under his coat—I saw the umbrella at Hatton-garden, and swore to it.
GEORGE JOHN RESTIEAUX. I am a policeman. At two o'clock in the night of the 25th of December, I looked down a cellar in Carrier-street, St. Giles's, and saw the prisoner with his head concealed under a flap—
I went down, and pulled him up—the umbrella was under him—I said, "Is this yours? "—he said, "Yes"—I took him to the station-house, and then he said he knew nothing about it—at the office he said he bought it of a man, in Sloane-street, Chelsea, for half-a-crown—he had a butcher's frock on under his coat, as he has now.
Prisoner. The umbrella stood on the stairs of the cellar. Witness. You were lying on your back, with the umbrella under you.
JURY. Q. Was he in liquor? A. No—it was a new umbrella, and not spotted with wet.
GUILTY.† Aged 20.— Transported for Seven Years
JOSEPH BRUMBLEY. I am a broker, and live in Drury-lane. On Saturday morning, the 4th of January, I had seven yards of oil-cloth—directly I opened the shop I went backward—a neighbour came in and told me something—I ran out and saw the prisoner, in Great Wild-street, in custody of an officer—the prisoner gave the floor-cloth to the policeman, and ran away—he passed me—I caught his coat, and tore one side off—I chased him down to Clare-market, and there lost him for a few minutes—a gentleman passing said he had run into the Black Jack public-house—the policeman went in, and found him with a short pipe and a pint of beer—I can swear to him—this is ray floor-cloth.
MICHAEL GERSHON. I was standing at my door at a quarter-after nine o'clock last Saturday morning—I saw a man running with some floorcloth under his coat—I went to my neighbour's, the prosecutor's, and he missed it—I told him which way the man ran—lie ran after him—I cannot swear to the prisoner—I only saw his back.
THOMAS REYNOLDS (police-constable F55.) I was going up Great Wild-street at a quarter-past nine o'clock—a boy came and spoke to me—I turned, and saw the prisoner coming up with the cloth on his shoulder—I asked him whose cloth he had got there—he said his own—I was about to lay hold of him—he threw down the cloth, and ran away—I pursued, and after that found him in a public-house—he had his coat off, and some beer just warming for him.
Prisoner's Defence. I was coming up Drury-lane; and a man asked me to carry it for him—he gave me a shilling, which I gave for a pint of beer.
GUILTY.Aged 22.— Transported for Seven Years
OLD COURT.—Wednesday, January8th, 1840.
Third Jury, before Mr. Sergeant Arabin.
430. HENRY DUGWELL was indicted for burglariously breaking and entering the dwelling-house of John Day, about the hour of eleven in the night of the 21st of December, at Christ Church, with intent to steal, and stealing therein, 311 printed books, value 30s.; and 6 pictures, value 1d.; his goods; to which he pleaded
GUILTY.Aged 17.—Recommended to mercy .— Confined
GUILTY.*Aged 20.— Transported for Ten Years
432. JOHN NICHOLLS was indicted for burglariously breaking and entering the dwelling-house of William Harris, on the 15th of December, at St. Matthew's, Bethnal-green, with intent to steal, and stealing therein, 1 umbrella, value 5s.; 1 sheet, value 4s.; and 1 table-cloth, value 1s.; his goods; to which he pleaded
GUILTY.Aged 19.— Confined Six Months
GUILTY.Aged 35.—Recommended to mercy.— Confined
Before Mr. Baron Gurney.
434. GEORGE BROWN, JAMES GRAHAM, and ROBERT HOL LIDAY were indicted for feloniously making three pieces of counterfeit coin, resembling, and apparently intended to resemble, and pass for three pieces of the Queen's current sixpences; to which Holliday pleaded
GUILTY.Aged 22.— Transported for Fifteen years
THE HON. MR. SCARLETT and MR. BODKIN conducted the prosecution.
WILLIAM STANNARD. I am a police-sergeant. On the 30th of December, at half-past three o'clock in the afternoon, I went to a house in Church-street, St. Giles's, with Scotchmen and Fink, two other, policemen—we found the outer door open, and three females in the passage—we passed them—one of them cried out, "Bill, Bill", look out, Bill"—there was a door on the right hand side of the passage leading into a room which was fastened—persons inside that room could hear that call of "Look out, Bill"—we broke open the door, and found it had been fastened by a bed-screw in the floor, about eighteen inches from the bottom of the door, and a piece of wood put up against it—on entering the room I found the three prisoners there, standing by a large clear fire—Holliday had a blue coat on—I believe the others were in their shirt sleeves—there was a table behind them—I handcuffed Holliday—he was the first that was secured—the other constables had a scuffle with the other two men, and during that time I saw something thrown towards the fire—it came from that part of the room where they were scuffling—it fell on tie hob—I took ii up, and found it was a counterfeit sixpence, so hot that I could not hold it, and it had a getattached to it—I produce it—I then proceeded to search the room—I found on the hob, by the side of the fire-place, this pipkin, with a quantity of hot metal in it, in a liquid state—the pipkin was very hot—the metal is in it now—I found two pieces of metal spoon, and a pair of scissors on the mantel-piece, and under the ashes this piece of metal—I saw Scotchmer take an iron spoon off the fire with fluid metal in it—the prisoners were secured, and taken away—Holliday's hands were white—I did not notice the others' hands.
CHARLES SCOTCHMER. I am a policeman. I accompanied Standard to the house, and saw the prisoners in the room—Holliday had his coat on—Brown had his shirt sleeves turned up, and Graham had his jacket sleeves slipped up—there was a large clear fire, and an iron spoon on it contain
ing metal in a fluid state, which I took off—I assisted in securing the prisoners—I saw Brown throw something towards the fire, and afterwards he threw something white into a basin which stood near the table containing water—he afterwards put his hand into it, and when it came out it was covered with a kind of composition which I found was plaster-of-Paris—in the scuffle he put his foot into the basin, and broke it in pieces, and I picked up part of the contents—I produce what was in it then—I cannot say what it had been—it is in the same state now, only dry—I handcuffed the prisoners—on the floor I found a counterfeit sixpence, and near the table two pieces of metal—within about eighteen inches of the door I found this bed-screw hexed into the floor up to the nut—when we first seized them they endeavored to get away.
JOHN FINK. I am a policeman. I accompanied the other two officers to the house—I saw a basin under the table—I saw Brown, when I caught hold of him, step his foot on it, and break it in pieces—he did it wilfully—I did not see any thing thrown into the basin—on the floor near the broken basin, I picked up a counterfeit sixpence with a geton it—it was wet, and had part of the composition on it—I found some plaster-of-Paris in a cupboard near the fire-place—all the prisoners' hands were white, particularly Brown's—it was with some composition like plaster-of-Paris—there was nobody but the prisoners in the room—I found 6s. in silver, and a good sixpence on Brown, with composition on it.
MR. JOHN FIELD. I am inspector of coin to the Mint, and hare been so many years. This is a counterfeit sixpence, cast in white metal—it hat the get attached to it, and is in the state in which it first comes from a mould after casting—here is another counterfeit sixpence which appears to have been cast in the same mould, but the getis broken off—the good sixpence is not like either of the counterfeits—here is another sixpence with the getattached to it, which is of a different mould to the two first—here is what appears to me to be a getfrom a mould corresponding with the sixpence, and here is another part of a get—a mould thrown into water would present the appearance this does—there is no impression on it, but it has the appearance of having been a mould, and there is a discoloration on it as if metal had been on it—here are two pieces of Britannia metal spoons—the metal in the pipkin appears of the same description—this iron spoon would be used to lade the metal out of the pipkin, and pour it into the mould—here is a small quantity of powdered plaster-of-Paris, which would make a mould—scissors are used to cut off the get—here are all the materials for coining, except the mould.
Brown's Defence. I am quite innocent—I was going by the door—Holliday was standing at the door, and asked us to go in and have a game at cards—we did so—I said I would have a wash before I began—I took off my coat, and sat down to have a game at cards, and all at once the door was broke in, and in the confusion I tried to get away—we did not know what was the matter—we were not in the room ten minutes—the policeman knows we were playing at cards.
Graham's Defence. I have nothing more to say than he has said—we went in to play at cards.
BROWN— GUILTY.Aged 21.
GRAHAM— GUILTY.Aged 21.
✗ Transported for Fifteen Years
Before Mr.Justice Coleridge.
435. HENRY M'CAVE and JULIA SMITH were indicted for feloniously, knowingly, and without lawful excuse, having in their custody and possession 2 moulds, adapted and intended for counterfeiting the Queen's current penny pieces.
THE HON. MR. SCARLETT and MR. BODKIN conducted the Prosecution.
RICHARD THOMPSON. I sell baked potatoes in the street. On the 9th of December I was standing, with potatoes for sale, near Mr. Gooddy's, who keeps Storey's Gate coffee-house—a little boy, about seven, years old, came up to me, and offered me a penny-piece—I referred him to Mr. Goodday—he went in there, and I followed him—I had seen the female prisoner along with the child, and when he came to me the went away, and kept, walking about—I followed the boy into Mr. Gooddy's, and found him there, and Mr. Goodday and two gentlemen—while I was there the female prisoner came to the door—the was called in, and asked if she had sent the child in with that penny-piece—she said yes, but she did not know it was bad—she was asked if she had got any more about her, and said, "No"—the gentleman there just touched her clothes, and shook them, and immediately down fell eight more penny-pieces—she was taken into custody, and the child also detained—I accompanied them to the station-house, and on the way two more peony-pieces fell from her person, which the constable picked up.
Smith. Q. Did not you send the child into the coffee-shop? A. Yes, to get change for the penny—I was not told it was bad before I sent him in.
COURT. Q. How came you to have any thing to do with the penny? A. The boy came to me for a baked potato, which came to a 1/2d., and I could not give him change—I had no money at all about me.
JOHN GOODDY. I keep a coffee-house at Storey's Gate. On the evening of the 9th of December a little boy came into my house, gave me a penny, and wanted change—I looked at it—it was a bad one—I asked where he got it—I called in the female prisoner, and questioned her—she said she did not know any thing of the penny, that the baked-potato man gave it to the boy, and sent him in with it—I did not ask if she had given it to the boy—I then sent for the potato-man, and asked him if he gave it to the child—he said the boy had offered it to him, and having no halfpence, he sent him for change—I asked the woman if she had any more money, and requested Mr. Darwin to shake her—he put his hand to her waist, and eight penny-pieces fell from her, which were taken up—I sent for a constable, and gave Smith and the boy into custody—I marked the penny which was given to me, and gave it to the policeman—on the way to the station-house something dropped from her, which appeared to be two penny-pieces—the constable took them tip.
MORRIS DARWIN. I am an acquaintance of Mr. Gooddy's, and was at his house. I remember the boy coming in—I went out, and found Smith close to the door—I asked her to come in, which she did—she denied giving the boy the penny—I said, "Old girl, I think you have some more money about you,,—she said, "No, I have not"—I shook her, and eight penny-pieces fell from her—I took them up, and gave them to the constable—I did not mark them—they were not out of my possession till I gave them to him—on the way to the station-house I was close behind her, and saw two more fall from her which the constable took up.
Smith. Q. Did not I come in myself? A. No, I went out to tell you to come in.
MR. BODKIN. Q. How long were the penny-pieces in your possession? A. About five minutes—I kept them in my hand all the time—I saw they were bad, and corresponded with the one tendered for change.
ROBERT M'ELRIE. I am a policeman. I took Smith and the boy into custody at Mr. Gooddy's—I received eight counterfeit penny-pieces from Mr. Darwin—I have had them in my possession ever since, and produce them—I received another from Gooddy—on the way to the station-house Smith dropped two from her person, which 1 took up and produce—I delivered her to a woman to search at the station-house—I learnt from the boy where they lived—I searched the room, of which I got a direction, and found a mould on a shelf above the fire-place, close to some shoemaker's leather—I found in the room also a tin plate, containing some fresh pewter or metal, concealed under the window cell, covered over with old cloth, in a hollow—the cloth laid over it—I found a bad shilling in a cupboard in the room, some blue vitriol, and some plaster-of-Paris—there was a fire-place in the room—I looked about it, and noticed some small particles of this metal scattered about—I left a constable in the room, and went to the policeoffice—I afterwards returned to the room, stopped there till the male prisoner came, and took him into custody—I did not ask him whose room it was—he did not deny living there—I found a file on the fire-place—when he came into the station-house he said he lived with Smith in the room—I am not aware that what he said was taken down in writing—the charge was written down—I am not aware that the officer writes down the answer which a prisoner gives—he was asked in my presence if he knew the female—he said he did, and he lived there with her—she was in the cell at the time.
M'Cave. The shelf the leather was on is along the room; not over the fire-place—it was sufficient to make three or four pairs of soles. Witness. I found it on a shelf over the fire, like a mantel-piece—the leather was given up to his employer.
MARY WILSON BRAIN. On the 9th of December I was sent for to the station-house to search Smith—I opened the front of her dress, and a bad penny-piece fell from her—in a pocket by the side of her dress I found a good penny-piece, and a halfpenny in another pocket—I marked them—I have had them in my possession ever since, and produce them—she said, when I found them, "I bought them all of a boy in the street for 6d., and he told me I could make more of them."
SAUSAN PETERS. I live at No. 4, New Way, Westminster. I let apartments in No. 5. On the 4th of December the prisoner Smith came to me about taking the parlour—she called herself M'Cave—the man was not with her, but the little boy was—I let her the room—she said she had a husband who was a shoemaker—she lived in the house, but I never saw the man—I never went into the room after she took it—there was no key to the room, and I said I did not wish to let it to her till I got a key, but she said, "Never mind the key, you can get it afterwards."
Smith. Q. Did you ask my name? A. Yes. and you said it was M'Cave.
M'Cave. Q. Is there more than one shelf in the room? A. Yes, there is a side-shelf on the left-hand side as you go in.
taken on the 9th—I had seen M'Cave go out about a quarter before eight o'clock that morning—I saw Smith going in and out two or three times a day.
M'Cave. Q. Did you ever see me in the room? A. No, but I saw you going up the steps, and go into the passage.
LOUISA CRAWLEY. I lire with my father and mother in the kitchen of this house. I saw M'Cave, on the 6th of December, go up the steps—he asked me to hold a pair of shoes for him—the steps lead into the passage to their apartment—I did not see him go into the parlour—I saw him on Monday, the 9th, with some leather, between ten and eleven o'clock—I saw him take the leather into the back-parlour in his apron—I saw him come down the steps, and go down the street, about five minutes after, without say thing in his apron.
M'Cave. Q. Was it not on account of a young man asking me to help him push up a truck that I gave you the shoes to hold? A. No; it was not that day that you brought the leather—it was on the 9th.
ROBERT M'ELRIE re-examined. It was the back-parlour I searched—I was present at Queen-square office when the prisoners were examined—M'Cave denied knowing any thing of Smith, and she denied knowing any thing of him.
M'Cave. Q. Did I not acknowledge that the children belonged to me? A. Yes, at the next examination—yon were twice before the Magistrate—the child gave the name of M'Cave at first—Smith gave two names.
MR. JOHN FIELD. I have examined the mould produced—it is a plaster-of-Paris mould for casting penny-pieces—it has the impression of the obverse side on one part, and the reverse on the other part—I have no doubt it has been used for casting penny-pieces—I have examined the penny-pieces—they are all counterfeit, and made from lead—I have every reason to believe the whole have been cast in this mould, but one of them I can speak to undoubtedly as being cast in it—a good penny-piece has been produced, which corresponds in all respects with the mould, and I believe the mould was made from it—there it a fresh appearance on the copper, as if plaster-of-Paris had been on it, and it is of the same date and appearance as the counterfeit ones—the metal produced is lead or pewter—blue vitriol produces on it the colour of copper—here is a small get, which fits the mould, and appears to have been cast in it—the file has white metal in the teeth of it, which would remove any of the surface.
Smith's Defence. On the day I had these in my possession the boy came to me and sold me twelve penny-pieces for 6d., which he said were all good, except being dull; that he worked in a dust-yard, and found them among the dust.
M'Cave's Defence. I know nothing of this circumstance at all—I have lived and worked with my father these two months, since I came from the country—Smith had been living with me, but, on account of a dispute, we parted, and she took the room—no doubt she said she was married, or the woman would not have let her the room—I wished to compromise matters with her, and certainly called twice to see her on account of the children.
on Monday from half-past one o'clock till about a quarter after seven, and on Sunday he was there all day—he left about eight o'clock on Sunday evening—he lived in the New-way, but I was never in his place—I have known Smith as long as I have known her husband, I mean M'Cave—I do not know where she lived.
M'Cave to ROBERT M'ELRIE. Q. Did not you state to the witness Venables that it would pay him if be came against me; he would get 5s. a-day? A. I went to Venables' house, the night I took the prisoners, to inquire if he knew anything concerning their character, or if he was aware that she lived with him—he could give me no information, and I went away—he told me he knew him when he went into the country, and he had been out hopping—I have no recollection of telling him he could get 5s., a-day if he came against you—I think I said if we required him we should send from Queen-square for him as a witness, if the Magistrate required it; but as he could not prove they lived together, I thought it would be unnecessary, but I told him to be in. the way—I have no recollection of mentioning the 5s.
COURT. Q. Did you ask him to come as a witness against the prisoner, and tell him he should have 5s. a day? A. I have no recollection—I told him to be in the way, and if the Magistrate thought it necessary I would come for him—a good deal of discourse passed, as I wanted to know whether he knew him, and whether they both lived together—I have no recollection of telling him he should have 5s. a day if he came against the prisoner—I cannot exactly say I did not—I did not take him to a gin-shop, to drink, but he took me—he came out, and was inquiring about the case, and he said, "Will you have a glass of gin? " or ale, I think it was, and I went, and had a glass of gin or ale with him, but nothing passed that I am aware of—I was about four or five minutes with him in the gin-shop—it might be three minutes—our long conversation was in his house—I ascertained he would be of no use as a witness before I went into the gin-shop—I went with him because he asked me more than once or twice—I am not positive I did not tell him he would have 5s. a day if he came as a witness against the prisoner—I would not undertake to say I did not, until I remember a little more—(pausing)—I have no recollection of it.
DAVID VENABLES re-examined. I first saw the policeman in the passage—I was going across the court to go into my mother's, and a man said, "Somebody wants you"—I said, "Who wants me? " and I poked my hand into a policeman's hands, who was not in a police dress—they both came up, and were in my place about ten minutes—they told me what they wanted—I came down stairs, and this man said to me, "It is a cold night; cannot you stand something to drink? "—I said, "I don't mind, " and I went, and stood a quarter of gin with him and the other policeman—we were in the public-house nearly half-an-hour while the other policeman was talking to another person—this man and me and my wife were talking together—on the next Monday evening this policeman came up again to my room, and was there about an hour and a half—it was just a week after the prisoner was taken—he eat there talking, and said, "If you can find out any thing respecting them it is better pay than for felony, it is 5s. or 5s. 6d., I can't say which—I have three more witnesses who can prove it at home"—I said, "If I can do the prisoner any good I don't want money"—he said, "No, but it is your lose of time"—I said, "I don't mind that."
HENRY M'CAVE. I am the prisoner's father, and am a journeyman shoemaker. When the prisoner came from the country he was working, and sleeping in my room—that is about three months ago—I heard on the Monday of his being taken—I live at No. 80, Peter-street, and am married—I have known Smith three or four years—she occasionally comes to my room, but does not sleep there—I have heard she lived with my son, but he is innocent.
M'CAVE— NOT GUILTY.
SMITH— GUILTY.Aged 29.— Confined Two Years
Before Mr. Baron Gurney.
437. ANN CRONIN was indicted for stealing, on the 3rd of December, at St. Mary Matfelon, aliasWhitechapel, 3 shifts, value 10s.; 1 pair of stockings, value 2s. 6d.; 2 towels, value 2s.; 3 handkerchiefs, value 6d.; and 1 table-cloth, value 10s.; the goods of Mary Ann Broughton: 1 teapot, value 10l.; 1 tea-pot stand, value 2l.; 1 sugar-basin and cover, value 10l.; 1 milk-jug, value 2l.; 14 spoons, value 6l.; 1 fish-slice, value 2l.; 1 butter-knife, value 12s.; 4 salt-cellars, value 4l.; 26 forks, value 15l.; 1 pair of snuffers and 1 stand, value 15s.; 2 candlesticks, value 30s.; 1 bottle-stand, value 20s.; 1 cruet, value 20s.; 12 knives, value 2l.; 1 neck-chain, value 8l.; 1 eye-glass, value 20s.; 1 brooch, value 3l.; 3 seals, value 3l. 1 split-ring, value 10s.; 6 rings, value 4l.; and 1 box, value 10s.; the goods of Ann Broughton, her mistress, in her dwellinghouse.
MARY ANN BROUGHTON. I am the daughter of Ann Broughton, who is a widow, and occupies a house in Alie-place, Great Alie-street, Goodman's-fields, in the parish of St. Mary, Whitechapel—the prisoner was my mother's servant. She came to us about the 29th of November, and left on. Wednesday, the 4th of December—I was out at the time, and my mother' was out of town—I went out at eleven o'clock on Wednesday morning, and did not return till between eight and nine o'clock on Thursday evening—she was gone then—I did not leave her in the house when I went out; I had sent her out, and I went out before she returned home—I had no knowledge of her intention to go—I found the house in confusion, and missed a copper tea-kettle—I did not miss any thing else till between eleven and twelve o'clock, when the policeman came—I then examined the house, and found the plate-box and all the plate gone—the policeman brought some linen and wearing apparel of mine, and a table-cloth—I went to the police station-house in Bow-street on Friday morning, and found the plate there, and part of the property was produced at the office.
WILLIAMM TROTMAN. I am a policeman. I was on duty on the 5th of December, about ten o'clock at night, in Drury-lane, and saw the prisoner coming along, apparently very much intoxicated—I stopped till she came close to me—she dropped a quantity of plate from her person in the street, which I now produce—I asked how she came by it, she gave me no answer—I took her to the station-house, after taking up the plate, and she said it was given to her by a young man, of whom she gave a description—I found four table-spoons, two gravy-spoons, eight forks, one soup-ladle, one sauce-ladle, one caddy-spoon, and some wearing apparel on her.
CHARLES HENRY BAGNEL. I am a policeman. I was in Drury-lane that night—I saw a mob, and went over—I found Trotman taking up the plate—the prisoner at that time was in custody of a butcher—I took her from him, and took this bundle from under her shawl, containing two shifts, two towels, and a handkerchief.
ANN CLARKE. I live at the station-house, and search female prisoners—I was called to search the prisoner, and found on her a silver fork, a sauce-ladle, a salt-spoon, a table-spoon, a duplicate for a gold chain, an eye-glass, an ear-ring, three sovereigns and a half-sovereign, and 12s. 4 1/2d.
JAMES RADCLIFFE CHESTER. I am in the service of Mr. Townsend, a pawnbroker in Little-Russell-street, Covent-garden. I have a gold chain, an eye-glass, an ear-ring, a brooch, part of a bracelet, and part of a seal, pawned by the prisoner on the 5th of December, about seven o'clock in the evening, for 3l. 10s.—this is the duplicate of them.
Prisoner's Defence. I am not guilty of the robbery, nor did I know they were stolen property; I got them when I was intoxicated, I did not steal them. The mistress I lived with before came to the station-house, and said she would give me a character. Miss Broughton's sister, who was left at home in care of the house, gave me into custody, and sent me to Denmark-street station-house.
MISS BROUGHTON re-examined. My sister had sent her to the stationhouse on the Wednesday, because she had been found drunk, and she did not know what to do with her—I had no character with her.
GUILTY.Aged 22.— Transported for Fourteen Years
Before Mr. Justice Coleridge.
JAMES HERBERT. I am a warehouseman and salesman. On the 1st of January I was passing the shop of Aldred and Co., in High-street, Aldgate, and saw the prisoner with another person—they immediately separated, and I saw the prisoner go and place his back against a window, on the opposite side of the court to Aldred's shop, which is at the corner of the court—the other man took hold of a piece of cloth, which was between two doors of the prosecutor's shop, a sort of false door, and another opening into the street—it is the door of the shop—it was on a pile outside the inner door—I saw him take the cloth towards the prisoner, who held his hands out—I immediately exclaimed, "Ah, a thief! " loud enough for them to hear, and the bale of cloth was immediately dropped—I did not give the person time to put it in the prisoner's arms—the other man ran off—the prisoner walked away coolly up the court—the moment I saw the property taken care of I made after the prisoner, and brought him back to the prosecutor's shop—I never lost sight of him—I took him twenty or thirty yards from the spot—he said nothing to me till he got into the shop, and then denied having touched the cloth—I charged him with being a party concerned in it—I had not seen them talking together, nor walking together—they separated the instant I saw them.
another. On the let of January, about half-past four o'clock in the afternoon, I was in the act of taking the goods down from the door—there was a pile—I had got about half of them down, when the witness gave me information, and I saw a piece on the ground—I had seen it myself about a second before, safe on the pile, between the two doors—I was in the act of moving the goods off the pile, and when my back was turned this was taken—I know this cloth to be the prosecutor's property—it is worth about 13l.—there are forty yards.
(Richard Levy, a broker, gave the prisoner a good character.)
GUILTY.Aged 27.— Transported for Seven Years
Before Mr. Justice Erskine.
MR. BODKIN conducted the Prosecution.
WILLIAM WILSON. I am a labourer. I have been committed by the Magistrate, and come from gaol to give evidence-el know the prisoners—Morgan is a baker, and I believe Smith is a biscuit baker—in November last I was in the habit of seeing the prisoners at the Hampshire Hog public-house, in Rosemary-lane, which is about half a mile from the prosecutor's premises—I was there on Friday morning, the 22nd of November, and saw both the prisoners there—Morgan asked me if I would go and ask Mr. Smith, a potato-merchant and corn-chandler in the neighbourhood, if he would buy two sacks of middling—I agreed to do so, and went—the prisoners went there with me—they went on down North-street, and I went into Mr. Smith's by myself—I came out, and told them Mr. Smith wanted to see a sample—Morgan said he would give me a sample, and he went home and got one—Smith stopped with me till he came back—I took the sample into Mr. Smith's shop, leaving the prisoners—I bargained with Mr. Smith for it for 28s. a sack, if it was like the sample—next night (Saturday) I saw them again at the Hampshire Hog public-house, about six o'clock—I think Morgan told me he was going to get two sacks of middlings, and if I would go with him and push behind the truck, he would give me 5s.—Smith was present, and heard what was said—I agreed to do it—we were standing outside the Hampshire Hog public-house door at the time—Smith left us, and Morgan and I went to get a truck at Mr. Hurst's, in Cannon-street-road, or New-road—I stopped across the road, while Morgan went into Hurst's for the truck—he brought it, and I wheeled it a little way down into the highway, and Morgan took it the rest of the way, down to Mr. Hullah's place, at Wapping—Morgan said the men bad not done work, and we had to wait at a public-house for the best part of an hour, leaving the truck outside the public-house door—it was Mr. Hall's public-house, I believe, not exactly opposite the prosecutor's premises, but not far from them, in the same road—while I was in the publichouse Morgan went out, and said he was going out to see if the men had done work, that he might get the sacks—he went out two or three times—the last time he cane back, and said, "It is all right, we can get them now, come along"—he wheeled the truck over, and I followed him—the gates were shut—they were opened by Smith, I believe, from the inside.
as I saw him come out after the two sacks were brought out, and shut the door—when the gates were open Morgan went in—I did not see Smith before Morgan went in—the door opened, and Morgan immediately went in—he was not five minutes getting the two sacks—he carried one out at a time—when he brought out the first sack I held the truck while he put it in—he then went back, and brought another, which we put into the truck, and then Smith came out and shut the door—he did not come out till both the sacks were put into the truck—they were taken to Mr. Smith's, in Back Church-lane—Morgan held the handle of the truck, and I helped to shoveit—Smith ran on first, and I saw no more of him till ten o'clock that night—when we got to Mr. Smith the baker's, we did not find him at home—his sister was managing his business—Morgan and I both went into the shop—I went in first—we told Mr. Smith's sister we had brought two sacks of middlings—she said she knew nothing about them, and could not have them left there, because her brother had not said any thing about them—we took them away to Morgan's house in Thomasstreet, Commercial-road, which was about a quarter of a mile off—they were put into a cupboard there—they were not taken away from there till Monday morning—I went to Mr. Smith's again about ten o'clock—Morgan and Smith accompanied me, but they did not go in—I found Mr. Smith at home—something passed between me and him—I afterwards saw the two prisoners, and told them that Mr. Smith said it was too late to have them in that night, but to bring them as soon as I liked on Monday morning, and he would have them—it was arranged that I should take them on the Monday—when 1 first saw Mr. Smith on the Friday, he said he should like a sample of them, so that he could go and see if he could find a shop to put them away at—I told Morgan and Smith that—he also asked if I knew where they came from, and told me I need not be afraid of his saying anything—on Monday morning, before I was up, Morgan came to my father's house, and I went with him up to Mr. Smith's—he was at home—Morgan went in with me that morning, and Mr. Smith said he would rather have nothing to do with them, that he had been offered a good price, but not so much as we said they were worth—I said they came from down Wrapping—Morgan was present—on the same morning I went with Morgan to try to sell them—he went home, got a sample, and took it to a person in a street opposite the George, Commercial-road—he is a bread baker—Morgan went into the shop first with the sample—I stopped outside, a long way from the shop—Morgan came to me again, and said the man had offered him 2l. 5s. for the two sacks, and he would go back and tell him he should have them for 2l. 6s.—he went back, and told me he was to have 2l. 6s. for them—Morgan then went and borrowed a truck at the first turning in the Commercial-road, past the turnpike—I went with him to the turnpike, and waited there while he went—he did not say where he was going to get it—I saw him go down the first turning past the Commercial-road turnpike—he returned with the truck in about five minutes—we then went to Morgan's house and got the two sacks of flour—he carried one out, and I the other—I put them into the truck, and we took them to Davis—I went with him—the truck was backed up close to the door, and the sacks shot up on the pavement, and Morgan and the master of the shop pulled them in—Davis gave two sovereigns a 5s. paper of coppers, and 1s. to Morgan—I believe one of the sacks had a back ring on it, but I did not notice it parti
cularly—I think there were two letters Inside the ring, but I did not notice the marks—there were letters in between the black marks, I know—I saw two or three letters, but I do not know how many—the sacks were left at Davis's—it was about ten o'clock in the morning when we delivered them—between ten and eleven o'clock, I think—I did not see the prisoner Smith that morning till we were getting them into the truck, at Morgan's house, at the top of the court—Morgan lives at the corner of a court—Smith did not come near the truck at all—he left us—I did not have any conversation with him—Morgan spoke to him, but he did not take notice of the sacks—he was about as far from the sacks as I am from the Bench—it is about a quarter of a mile from Morgan's house to Davis's—I next saw Smith walking down the Commercial-road, as we came back with the truck, about half-an-hour after we had left the tacks at Davis's—he was coming down the Commercial-road, past the turnpike, on the left-hand side—Morgan was with me—I was dragging the truck home—Morgan and Smith joined together—I saw him give Smith some money—I do not know how much—I did not take notice what conversation there was between them—I went away from them across the road, to get a bit of strapping on my thumb, which was cut, and was in the doctor's shop about ten minutes.
BAYNE SMITH. I deal in potatoes and corn, and live in Back Churchlane. I know Morgan and Wilson—on the Friday before the Saturday in question Wilson came to my house, and asked me to buy two sacks of middlings of him—he had not got samples—he said he should have them to-morrow morning—I said nothing about a sample on Friday—very little passed on Friday—he said be should have some to sell, and I said, "Very well"—I did not see him again that day—he came on Saturday morning alone, and said he had two sacks of middlings to sell, and wanted 28s. a sack—I said, "Let me see them"—he said he could not—I said, "Then I must see a sample"—he said he must go and see his mate—he left the shop—I watched him, and saw him go to Morgan down North-Street, which joins my house—Morgan was about 150 yards from boy house—I knew him before—they both turned back and came to me, and both said, "You shall have a sample"—I was at home when Wilson brought it the same day—I afterwards gave it to Cummings, the police-sergeant—went out that Saturday afternoon—my cousin assists in my business when I am out—I came home at night, and about ten o'clock Wilson came—I told him it was too late to bring them—(I had informed the police-inspector then, and he gave me instructions what to do)—it was agreed they should be brought on Monday morning—nothing more passed that I recollect—Morgan had before that told me they came from a place where his cousin was foreman, and it was all right—he said that, when I went to them in Northstreet—I said nothing to them about not telling any body where I got them from—I particularly tried to find out the mark that was on then, and Wilson said that they were Sharp's, meaning the mark of Sharp on them—I said, if they were his mark, they were worth 2s. a sack more than any body else's—I saw them again on Monday morning, across the road, opposite my house, both Morgan and Wilson—they had nothing with them—I never saw Smith about it till he was before the Magistrate—when I had arranged for them to bring the sacks I communicated with the police.
COURT. Q. Had you any conversation with them on Monday morning? A. Yes. I recollect I had—I told them I would have nothing to do with
the middlings—nothing was said about the price that I recollect, nor about my having tried to get rid of them—I did not say I had been offered a good price, but it was not so much as they had given me reason to expect, not a word of that sort.
CATHERINE CUNNINGHAM. I live at Bayne Smith's. On Saturday, the 23rd of November, I was attending to his business while he was out—Wilson came to me first, and said he had brought two sacks of flour—I said I did not know any thing about it, and could not take it in, as Mr. Smith had said nothing to me about it—Morgan then came into the shop, and said, "Won't you allow us to put them in the shop, Ma'am? "—I said, "No"—I went forward to speak to Morgan, and saw a sack in a baker's barrow—I only saw one, but from the way it laid, I suppose there were two—Morgan and Wilson went away with the truck and flour together—on Monday morning they came into the shop—Bayne Smith was in the shop at the time—I was in the parlour, behind the shop—I did not hear what passed, but I saw them, and knew both Morgan and Wilson—I saw a round black mark on the sack—this is like the sack—(looking at one)—I never saw the other prisoner.
RICHARD YORK. I live in Somerset-place, Commercial-road—our place is on the right hand of the turnpike going from town—it is the second turning beyond the turnpike—the first turning is thirty or forty yards beyond it—I have seen Morgan two or three times. On Saturday, the 23rd of November, I saw him at my place about six or seven o'clock in the evening—he came for Mr. Hurst's truck, which stands in my shed—he told me he had Mr. Hurst's leave for it—I let him take it away—it was returned the same night—Hurst is a baker.
EDWARD HUGGINS. I am a dairymen, and live in Little Turner-street, Commercial-road. On Monday, the 25th of November, Morgan came to hire a truck of me, between ten and eleven o'clock—I lent it to him—I looked at him for a moment, not knowing him exactly—I asked him who it was for, and said, "You used to work along with Mr. Hurst? "—he said he did, but it was not for Mr. Hurst—I let him have it—I knew he formerly lived with Hurst—the truck was not gone quite an hour.
WILLIAM DAVIS. I am a baker, and live in Church-row, Commercialroad. I know the George—the street my house is in is on the right, and the George is about one hundred yards from it—on a day in November, I cannot say when, I think it was about the latter end of the month, Morgan came to my house—I cannot say positively it was him—I believe it was one of the prisoners—he came alone—he brought two small samples of middlings, and asked whether I was a buyer—I said I was not particularly in want of such a thing, I did not use much of it—he pulled out the two small samples—I looked at it—he asked me 50s. a quarter—I offered him 45s. for it—he said that would not do, and left—he returned in about ten minutes, and said if I would give him another shilling I might have it—I asked him particularly whether it was his own property or not—he said it was—I asked where he lived—he said he kept a little shop at the back of the Commercial-road—I agreed to give him the other shilling—he left the shop, and in about half-an-hour returned with two sacks, which were afterwards taken possession of by the officer—they were shot down at the door—they were brought to the door in a cart or truck, and were brought into my shop—I noticed the marks on the sacks—one had the name of Death on it—I do not recollect the other—I saw
Wilson—he helped to bring them in—I paid Morgan for them two sovereigns, 5s. in copper, and 1".—I gave one of the sacks up to the officers about three weeks after—that was the one with the name of Death on it, the other was gone away with other sacks.
COURT. Q. To the best of your belief, is Morgan the man who came? A. I believe he is—in consequence of the goods turning out so bad, I was obliged to try to find the party I bought them of, but I could not—I cannot undertake positively to swear to him.
JAMES MUCKLEJOHN. I am in the service of Charles Morrice Hullah—he is a large biscuit baker at Wapping. I have known the prisoner Smith two or three years—he was in Mr. Hullah's service fifteen or sixteen months ago, and was there above two years—Mr. Hullah has a foreman named Owen, and I believe Smith it related to him—en Saturday, the 23rd of November, I saw Smith in Mr. Hullah's premises—he came to see his cousin Owen, as he said—he was-in the habit of coming there—I saw him there about a quarter-past seven o'clock in the evening—the people left off work about that time on that Saturday—I left the premises at that time, and left Smith there—the gates are two doors, with a small door cut in two—it leads into the bakehouse—there is nothing kept there but middlings, in sacks of different marks—a person might conceal himself on the premises at the time the men left—when the men leave, the outer gate if fastened, and Owen the foreman has the key—a person from the inside could open it without any key—I know the marks on the sacks—Mr. Hullah received middlings from persons named Sharpe and Death—the sacks are generally marked with the name of the person the flour is bought of—I never saw Morgan till he was at Lambeth-street.
Smith. I deny being at Mr. Hullah's on Saturday night—if you look at the deposition, you will find he said he left at half-past seven o'clock.
(The witness's deposition being read, stated that he left about half-past seven o'clock.)
Smith. He says he left at a quarter-past seven o'clock, and that I was there at half-past—how can he tell that, if he left at a quarter-past? Witness. It was a quarter-past seven o'clock before I received my wages that night—how long he staid after I left I cannot say—I left him in the bakehouse, with his cousin and three other men—I am certain it was as late as a quarter-past seven o'clock when I left, and above that.
MR. BODKIN. Q. Whatever time you left, did you leave him there? A. Yes—two of the other men I left with him, named Thomas Good and Benjamin Petty, were in Mr. Hullah's employ, and the other was John Wardle, a lighterman, who I know.
GEORGE HALL. I keep the Tower of Ramsgate public-house in Highstreet, Wapping, nearly opposite Mr. Hullah's premises. On Saturday evening, the 23rd of November, between six and seven o'clock, I noticed three men come into the house—one I particularly remarked—it was the witness Wilson—I cannot swear to the others, nor have I any belief on the subject—I know Smith, as having worked for Mr. Hullah some time ago, but I do not know him as being one of the persons—I said before the Magistrate that I believed Morgan was one, but I would not swear to him—I believe him to be one now, but he was differently dressed when at my house to what he is now, if he was there—I saw a truck standing at my door for about half-an-hour or three quarters of an hour—the men were in the taproom, having some beer, during that time—they went out two or three
times backwards and forwards—I did not see them leave—I was in the parlour at the time.
ELIZABETH ANN OWEN. I am the wife of Mr. Hullah's foreman. The prisoner Smith is my cousin—he bad been lodging at my house some time before this matter happened, ever since he came home from sea, which is about thirteen or fourteen weeks—the last time he slept in our house was the Sunday night before he was taken—he went out about nine o'clock on Monday morning, or between nine and ten o'clock—I had beard of this business then, and I asked him what was the reason that the police were after him—he said he knew nothing of what was the occasion of it, but he was going along on Saturday evening, and met with a person, who said, if he would lend him a hand with a truck he would give him 5s., (he did not say who the person was, ) and if he did not get it then he was to have it on Monday morning—he did not say whether he got it—I saw him again about seven o'clock in the evening in the City-road, but nothing further passed between us then—he had not come home to his dinner on Monday—he generally used to dine at home—I did not expect him home on Monday night—nothing passed between us about his coming home on Monday night—I saw nothing more of him till he was in custody.
THOMAS OWEN. I am foreman to Mr. Hullah✗, and have been so about seven years. I am still in his service—the prisoner Smith is my wife's cousin—he frequently came to see me at Mr. Hullah's—it it not my business to close the gates when the men leave at night—it is generally left to the clerk, but lately it has been left to a person named Clark—there is a big gate besides the wicket—the men generally went out of the big gate, the wicket was seldom opened—a sack of flour could not pass through the wicket-gate without great assistance from a good many—on Saturday, the 23rd of November, I remember the men leaving work—I think we had done work about seven, or near upon seven o'clock—I think I left between seven and eight o'clock—I believe Smith was there between five and half-past five o'clock—I have no recollection of seeing him later—I cannot say whether or not I left him behind when I left—the clerks in the counting-house generally lock up the gates when they have done their business, because the men generally finish their work before they have done business in the counting-house—I know Thomas Goold, Benjamin Petty, and John Wardle—we all came out together, and a person named Clark was present at the time—Mr. Mucklejohn did not mention him, but he was the last person we left in the bakehouse—he was left to close the counting-house door, and to shut the passage-door.
Smith. If he saw me there between five and six o'clock, he must have some recollection of what I said to him—I deny being there at all that night. Witness. I am not quite sure he was there that Saturday night.
COURT. Q. How came you to say just now he was there, and the last you saw of him was at half-past five o'clock? A. I thought I saw him there at that time, but to say for a certainty, I cannot.
MR. BODKIN. Q. Did you see Mucklejohn there that evening? A. Yes, he left off work when I did—I did not search the bakehouse when I left, to see whether any body was concealed there or not.
THOMAS CUMMINGS (police-constable H5.) I took the witness Wilson into custody on Monday, the 25th of November, at half-past eight o'clock in the evening, at the Hampshire Hog public-house, in Rosemary-lane—I apprehended Morgan on the following morning, in a
brothel in Commercial-road, asleep there with a prostitute—I told him I took him on suspicion of stealing the two tacks of flour which he and Wilson had been offering to sell on the Saturday evening previous to Mr. Smith—he said he had offered no flour to Mr. Smith, he knew nothing at all about it, let him dress himself, and he would go with me wherever I liked—I took Smith into custody on Friday, the 6th. of December, at his aunt's, No. 34, Earl-street, Edgeware-road—I had been searching for him in the interval—I said, "You are aware I have been looking after you"—he said, "I am"—as we were going to the stationhouse I told him it was on suspicion of assisting Morgan and Wilson in selling the flour which was offered on Saturday, the 23rd, to sell to Mr. Smith—he said, "I know Morgan very well; I had nothing to do with stealing any flour, nor did I know that Morgan bad stolen any flour"—I have a sack here (producing one) which I received from Mr. Davis.
CHARLES MORRICE HULLAH. I am a biscuit-baker, and live at Wapping. This sack bears the mark "W. Death, " and a black serpent—I deal with person named Death for flour called middlings—on Saturday, the 29th of November, in consequence of information from the police, I missed one sack of flour, marked "Dobson, " from my bake-house, and on the 6th of December I missed two others, one marked "Death" and the other "Sharpe"—I missed four sacks altogether, but one was afterwards said to be found on the premises—I was shown some middlings by Cummings, which answered the description of Death's middlings—I am not able to distinguish one person's flour from another, but I should say this flour is totally distinct from Sharpe's.
COURT. Q. You say you first missed, on the 29th of November, a sack of Dobson's? A. Yes—I did not miss any other till the 6th of December—I cannot say whether I saw those which I missed on the 6th of December safe on the 29th of November—I took a general review of the sacks in my bakehouse on the 29th—I had only heard then that one. sack marked "Dobson" had been found, and therefore did not pursue my search further; but on the 6th of December I learnt one of Death's had been found—I then searched more minutely, and missed one of Death's and one of Sharpe's.
THOMAS CUMMINGS re-examined. The flour I showed Mr. Hullah I got from Mr. Smith, the corn-chandler, in Back Church-lane—he gave it to me in a sample—I also received some flour from Mr. Davis—that is at the station-house—I believe I showed Mr. Hullah that on the 19 th of December.
WILLIAM DAVIS re-examined. I delivered the flour which was brought to me, I believe by the prisoners, to Cummings about three weeks after I received it—it had been kept in the meantime in my warehouse among other flours—it was not kept in the same sacks in which I received it—the parties who brought it requested it to be shot out, as they would call for the sacks in a day or so—they were shot into a trough, both together, and the sacks were laid on one side—one was a very damaged sack—the, flour was put into other sacks—I had not sold any of it, but I had used the biggest part—I had not mixed any other flour with it—I delivered Cummings all the flour that was left of those two sacks, and no other.
Morgan's Defence. A man named Clark was at Lambeth-street, who bought two sacks of flour, but he is not here now—another thing, some body went to the clerk's house and got the keys about half-past five o'clock—a young woman who came to Lambeth-street said neither of us was the person—perhaps Wilson and another young man did it, and now he is putting it on us, and standing as a witness against us.
MR. HULLAH re-examined. Smith was in my employ two or three years—I have known him between three and four years—he always conducted himself well—I believe he bore a good character up to this time, and I was endeavouring at this very time to promote his interests and provide for him by getting him a steward's appointment.
(Morgan also received a good character.)
MORGAN— GUILTY.Aged 21.
SMITH— GUILTY.Aged 20.
✗ Recommended to mercy.— Confined
The first, middle, and last Week Solitary.
Fourth Jury, before Mr. Recorder.
GUILTY.Aged 18.— Confined Six Months
(The prisoner received a good character.)
GUILTY.Aged 15— Confined One Month
GUILTY.Aged 41.— Confined One Month
WILLIAM BUGGY. I am gardener to the Rev. Frederick Sandys Wall, of East Acton. On the morning of the 31st of December I saw the prisoner with a person named Thomas Bailey loitering about in East Acton, near Mr. Young's—five geese, the property of Mr. Lovell, were feeding on the green—they drove them about—I went out and followed them—they drove them more than three hundred yards, and drove them down a lane, and the prisoner kicked one of the geese as he drove them down the lane—I told Lovell, and went through my master's premises, as a near way, to stop them, but when I came I found Lovell had got them both—I took one to the officer, but Bailey has since escaped, I understand.
Prisoner. I was never near the geese, only one flew at me, and I kicked it. I went down the lane to see if it was a thoroughfare. I am innocent of driving them—they were not ten yards from the top of the lane.
WILLIAM LOVELL. I am a labourer at East Acton. In consequence of what Buggy told me I went down Crown-lane, and met the prisoner and Bailey coming up the lane, having left my geese—I collared them, and took them to the head-constable of the village—I found my geese about two hundred yards from the end of the lane—they were going on a strange road, beyond where I met the prisoners—they are not in the habit
of straying at all—the prisoner had no authority to touch them—I asked them what they were going to do with my property—they told me they did not want them, if they did they had opportunity enough to take them before that—I had not seen them drive them—they had been disturbed, and ran away from them.
WILLIAM BUGGY re-examined. I saw them about for nearly an hour, and they were, I suppose, half-an-hour with the geese—I was at work in the passage—I swear they drove the geese in the direction they went.
WILLIAM WRIGHT (police-constable T95.) I took charge of the pri-soner and Bailey—the prisoner had a large bag in a small one, under his arm—I examined it, and it appeared as if there had been feathers in it—Bailey got his hands out of the handcuffs and escaped, coming up Skinner-street to Newgate.
Prisoner's Defence. I bad the bag, being told I could get bird gravel and chickweed down the lane. Witness. There was no chickweed or gravel in the bag.
GUILTY.Aged 18.— Confined Six Months
NEW COURT.—Wednesday, January8th, 1840.
Fifth Jury, before Mr. Common Sergeant.
444. DANIEL WALSH was indicted for stealing, on the 3rd of January, 1 coat, value 10s.; 1 pair of trowsers, value 5s.; 2 half-sove-reigns, and 3 half-crowns, the property of John Welling; to which he pleaded
GUILTY.Aged 20.— Confined Six Months
GUILTY.Aged 20.— Confined Two Months
GUILTY.Aged 30.— Confined Three Months
THE HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
JOSEPH HOWORTH. My father's name is John, he it a grocer, and lives in Winchester-street, Bethnal-green. On Thursday night, the 28th of November, between six and seven o'clock, the prisoner came to the shop for a penny roll, she gave me a shilling—I gave her change, and she went away—I put the shilling into the till, where there was only some sixpences—a boy came first for a quarter of an ounce of tobacco, and another boy gave me a bad shilling, and then the prisoner gave me another one—these were the only three shillings in the drawer, and they were all three bad—the prisoner came again in about ten minutes for a penny candle—I served her, and she gave me a shilling in payment—I got change for her next door, and left the shilling with the person from whom I got the change—I took the three shillings from the till and put them in again—after that I showed them to my father—he said they were bad, and called in a policeman—my
father marked them and put them fn a piece of paper, and my mother put them in the desk—on Friday night the prisoner came again, about seven o'clock for a penny roll, and gave me a and shilling—I knew her when she came in—Charles Evans came in—he got the shilling out of my hand, and took the prisoner into the parlour—my father went for a policeman, who took her to the station-house.
THOMAS HOWORTH. I am the witness's father. When I came home, on the 28th of November, he showed me three shillings, they were all bad—I took them and went for a policeman, who marked them, and gave them to my wife, and she put them away—on the following evening the prisoner came again, about seven o'clock—I was in the parlour—Charles Evans brought her in to me—I went for a policeman, who took her.
HANNAH HOWORTH. I am the wife of the last witness. On the 28th of November I received three shillings from my son—I weighed one—it was too light—I looked at the other two, and they were all of one stamp—I put them into the till—after they were marked I put them into a writing-desk, where they staid till the night after, when I gave them to the policeman.
——BURCHAM(police-constable H33.) I was on duty on the 28th of November, and was called into the prosecutor's shop—he showed me the three shillings—I marked them, and gave them back to Mrs. Howorth—I have them now—I got them from my brother officer after he took the prisoner.
CHARLES EVANS. I was in the prosecutor's shop on the 29th—the prisoner asked for a penny loaf—Joseph Howorth served her—she gave him a shilling—I took it out of the boy's hand, saw it was bad, and took the prisoner into the parlour, and gave the shilling to Baker.
ZACHARIAH BAKER (police-constable H95.) I was on duty on the 29th; about seven o'clock in the evening—I watched the prosecutor's shop—I saw four people in company near it, two males, and two females, one of whom was the prisoner—she left the other three, peeped into the window, and went in—I went in a quarter of a minute after, and she was in the back parlour—the prosecutor, his wife, and Evans, were there—I took her to the station-house—when she got there she put something into her mouth and swallowed it—she had a hard struggle to get it down—I searched her, and found one sixpence and four penny-pieces, but no bad coin—I returned to the shop, and received three shillings from Mrs. Howorth—these are the three I gave to Burcham, and this is the one she offered on the 29th.
GUILTY.Aged 18.— Confined Nine Months
JOHN HOWORTH. I am son of John Howorth. On Thursday night, the 28th of November, between six and seven o'clock, the prisoner came for a quarter of an ounce of tobacco, and gave me a bad shilling—I put it into the till, and gave him change—there was no other bad money in the till—a boy came twenty minutes after, and gave me a bad shilling, and then the woman brought me one—these three shillings were the only ones in the till—I took them from the till shortly afterwards, and one was weighed by my mother, after that I put them into the till again—my father came about eight o'clock—I showed him the three shillings—he called the policeman in, marked them, and gave them to my mother.
HANNAH HOWORTH. I received the three shillings from my son on the 28th—I weighed one, and it was had—they were all had—I gave them to my son—I saw the prisoner about eight o'clock in the evening on the 29th, he came for a quarter of a pound of butter—he gave me a shilling—I thought it was of the same stamp as the others—there was no one in the shop, and I said I would get it changed—the prisoner said he could get change, but I took it out to a shopkeeper—I got it back—it was not out of my sight—I kept it in my hand till I gave it to the policeman.
——BURCHAM(police-constable H83.) I received three shillings on the 28th, from the prosecutor—I marked them, and gave them back to his wife—I received the same three from Baker.
ZACHARIAH BAKER. I am a policeman. I was on duty on the 29th a few minutes past seven o'clock—I saw the prisoner and three others—after I had seen the last prisoner, and taken her, I found this prisoner at Mr. Howorth, s shop, and took him, and received from Mrs. Howorth this other shilling—the other three I received and gave to Burcham.
Prisoner's Defence. If I had known it was bad, I could have gone out of the shop while she went to get change—I was not in the shop on Thursday.
GUILTY.Aged 17.— Confined Nine Months
ELLENJACKSON.I am the daughter of William Jackson, who keeps a public-house in Cranmer-road, Brixton. I was in the shop on the afternoon of the 23rd of November—the prisoner came for a pint of ale, and gave me a half-crown—I took it to my father, and gave it him—the prisoner did not go away.
WILLIAM JACKSON. I received a half-crown from my daughter—I brought it out to the prisoner—I said, "Did you give this half-crown to this girl? "—he said, "Yes"—I took my knife and cut it across—I told him I should keep it—he asked me to give it him again—I gave it to the policeman—it was between four and five o'clock, just at dusk.
WILLIAM HILL (police-constable P213.) In consequence of information, I took the prisoner about half-past four o'clock—I said, "I understand you have been uttering a counterfeit half-crown? "—he said, "Where? "—I said, "At Mr. Jackson's"—he said no, he had not—I took him to Mr. Jackson—he recognised him as the man who passed the halfcrown, and told me to take him, and gave me this half-crown—I found a good half-crown and a good shilling on him—on the 30th of November I saw the prisoner at Union-hall—he was there in custody, and was discharged.
JOSEPH JAMES I keep the Weaver's Arms, Stamford-hill. The prisoner came on the 5th of December, about ten o'clock in the evening, for half-a-pint of ale, which came to 2d.—he gave a half-crown, which I took to the barmaid—she took it and gave it back to me directly—it was not out of my sight—I am positive it was the same that he gave—the barmaid gave him four sixpences and 4d. in halfpence—I kept the half-crown, and felt it, and said, "This is bad"—I stepped up to him, and said, "This is a bad half-crown"—I cave it him back, and he save me a good shilling.
MARY BROWN. I am the wife of James Brown, who keeps the Hare and Hounds public-house, Stoke Newington-road. On the 5th of December the prisoner came at a quarter-past eleven o'clock in the evening, for half-a-pint of 6d. ale—he gave me a half-crown—I gave him 2s. 4 1/2d.—I kept the half-crown in my hand, and found it was bad—while I was looking at it, the prisoner drank part of his ale, and ran out—I spoke to my husband, and to Fingay—they left the shop, and soon after Fingay came back with Petty—I gave him the half-crown.
CHARLES PETTY (police-constable N189.) I heard the cry of "Stop thief—I ran fifty yards, and found the prisoner in custody of Richards—I received this half-crown from Mary Brown—I saw the prisoner taken by a policeman—I heard a noise just before I came up to him that sounded like money.
THOMAS RICHARDS (police-constable N208.) I was on duty on the 5th of December, and heard a cry of "Stop thief, " and saw the prisoner running down the road—I took him—he kicked off his shoes when I was going to take them off, and asked whether I thought he was a d—d fool to have any more about him.
GUILTY.Aged 25— Confined One Year
450. JAMES TURNER was indicted for stealing, on the 2nd of September, 6 printed books, value 14s.; I memorandum-book, value 3d.; 1 shirt collar, value 3d.; 1 egg-boiler, value 1s.; 3 studs, value 3d.; 50 beads, value 6d.; 3 buckles, value 3d.; 1 reticule, value 3d.; 30 prints, value 2s.; 1 ink-bottle, value 1d.; 1 scent-bottle, value 1d.; 2 snuffboxes, value 2s.; 1 pair of braces, value 1d.; 3 pairs of gloves, value 1s.; 1 pair of stockings, value 6d.; and 1 two-penny piece; the property of Matthew Bowes Iley.
MR. HORRY conducted the Prosecution.
MATTHEW BOWES ILEY. I live in Somerset-street, Portman-square. A distraint was put into my house for rent, in September last, by Mr. Gingell—the prisoner was the man in possession—after the first day or two I found him at my drawers, rifling them—I thought it was an act he had not any business to do, and I remonstrated with him—I did not miss any thing at that time—I afterwards paid the rent, and after I paid it, I missed a variety of books, two gold rings, a silk pocket-handkerchief, and other things—I applied for a warrant, and went to search the prisoner's lodging, and found some books and other things at Mr. Gingell's house in Barrett's-court—the prisoner resided with him, but had absconded—I went a second time—he was not there—I found a variety of articles, which are here—Roche and Pitt went with me.
cross-examined by MR. PHILLIPS. Q. These are all your property? A. Yes—I had not known the prisoner before.
HENRY JAMES PITT (police-constable D8.) On the 24th of September I accompanied the prosecutor to the prisoner's lodgings, at Gingell's house, in Barrett's-court—I knew they were his lodgings, from his having been a policeman—there was some property found at Gingell's house by Roche,
which the prosecutor identified—I did not see the prisoner till he was taken by Roche.
Cross-examined. Q. Can you give no other reason for knowing they were his lodgings but that he was in the police? A. I have seen him go in there—Mr. Gingell told me that he lodged there about ten months ago; when there was a search-warrant from Marlborough-street.
COURT. Q. Have you seen him since then going in and out? A. Yes, up to about August.
JOHN ROCHE (police-constable D116.) I went to the prisoner's apartments, accompanied by the prosecutor, on the night of the 24th of September—I found the prisoner's wife (I knew her to be his wife) in the apartment—I found these six books and other things in a drawer—I went there the next day again, and saw the wife again, and found these prints and other things—I had never seen the prisoner go in and out of the apartment—I went into the country after him—I took him in Baldwin'sgardens, Gray's Inn-lane, on the night of the 17th of December—I laid, "I want you, for felony"—he said, "You won't have me"—I said, "I shall have you"—he upwith his left hand, and struck me in the face—I laid hold of his two arms, and said, "You are my prisoner, you won't go"—he bent down his head, and bit my right hand—I said, "I won't let you go"—he said, "You must"—there was a crowd round it—he tripped me up to throw me down—I called for assistance—I said, "I want him, for robbery"—a gentleman in a cloak said, "He is a policeman, we must assist him"—while struggling, the prisoner got his hand to his right-hand pocket, but I seized it—I was determined to bind his arms—I handcuffed him, by assistance, and put my hand to his right-hand coat pocket, and found this dagger in it—I found 8s. on him, and a bunch of keys—they are not used for picking locks of drawers, that I am aware of—I succeeded in securing the prisoner—when I took this out of his pocket I said, "This is what you meant for me, is it not? "—he said, "You know more of it than I do"—in the way up Holborn he said, "What is against me? "—I said, "A case of felony; I do not want you to put any question to me, if you have any thing to say say it to the Magistrate."
Cross-examined. Q. Were you the policeman who interfered to prevent the prosecutor from recommending the prisoner to mercy? A. Yes, I am.
GUILTY.Aged 45.— Transported for Seven Years
(There was another indictment against the prisoner.)
GUILTY.Aged 44.— Confined Three Months
EVAN ROBERTS. I live in Parish-street, Tooley-street, Borough. I went to the Standard Theatre in Shoreditch, on the 19th of December, and then to the Sun public-house in Bishopsgate-street—I met the prisoner there, and went into another public-house, and treated her—she took me up a court in Sun-street, and while there she robbed me of 8s.—I had given her 6d., and saw my 8s. safe about five minutes before—it had been in my waistcoat pocket—I accused her of robbing me—she denied it—she
afterwards gave me 4s., and said she had not got any more—I gave her into custody, and the officer found 4s. in her mouth.
Prisoner's Defence. He gave me the money, and then wanted it back, and I would not give it him—there was another young man with him, who said I had a right to the money.
453. BENJAMIN WHITE was indicted for stealing, on the 4th of December, 2 marble shelves, value 1l. 12s.; 2 marble friezes, value 10s.; 1 marble jamb, value 12s.; 2 marble caps, value 3s.; 4 marble blockings, value 1s.; and 3 pieces of marble, value 10s.; the goods of Robert Plant.—2nd COUNT, stating them to be the goods of John Fairey.
MR. BODKIN conducted the Prosecution.
ARCHIBALD SCOTT. I live in Cambridge-street, Westminster, and am agent to Mr. Robert Plant—he is the owner of the house No. 228, Piccadilly. There was a confusion about taking some part of the premises off the hands of Mr. Hunt—I was over the house about two months ago, and missed some marble chimney-pieces from the room where they bad been, but they were not removed from the premises—they had been in the front and back rooms on the first floor, which rooms were in the possession of Mr. Hunt, who kept billiard-tables there, and I found the marble in the back room on the third floor, where it had been stowed away—when fixed they were worth six or seven guineas—I afterwards saw a part of them in the possession of a man named Prestage, in Husband-street, I think, on the 4th of December—in order to increase the confusion going on at the house in Piccadilly, a great many people attended there to buy greens and turnips—the ground-floor is partly occupied by Mr. Newson, and the persons who went up had to pass through his shop.
Cross-examined by MR. CLARKSON. Q. Where is Mr. Plant? A. I do not know his dwelling-house, but his place of business is in Thamesstreet—I have not seen him since the day the prisoner was at Marlborough-street, which is about a fortnight ago—I do not know where Mr. Fairey is, nor where Mr. Hunt is—I saw him at Marlborough-street office—when these pieces of marble were stowed away they were worth 3l. or 4l.—I saw them within a fortnight of the 4th or 5th of December—I did not see that any were broken, but I did not take them out and examine them.
WILLIAM NEWSON. I was living about a month ago with my father, at No. 228, Piccadilly—I have seen the prisoner at the house frequently—I was there the first day he came—he said Mr. Hunt had let him the place for a shilling a week—he came alone the first time, and alter that he brought a lot of blackguards with him, apple-women and sweeps—they all went up stairs—one day the prisoner came with two men, the men took away some marble in a hand-barrow, and the prisoner staid behind—when they came the prisoner went up stairs with them—I followed them part of the way up—I heard them knocking to get some blocks loose, but they could not undo them—they were up stairs about an hour—after Mr. Cross and the other man were gone with the marble, the prisoner staid up stairs—Mr. Scott came, went up stairs, and then the prisoner disappeared.
Cross-examined. Q. Was Mr. Scott present when they first came down? A. No; he had not seen any thing removed—Mr. Shayer saw something was moving, and he sent for Mr. Scott—the prisoner made no secret of coming there—he said Mr. Hunt had let him the place for a shilling a week.
ARCHIBALD SCOTT re-examined, I went to the house the day the marble was removed, on the 4th of December, about five o'clock—I found Mr. Shayer and several other persons there, who had collected round the shop—I went into nearly all the rooms, and could not find the prisoner—he had absconded—it was supposed he was gone up the chimney—I, my son, and a policeman went in search of the property, and found it in Husband-street.
Cross-examined. Q. Were you a party concerned in arranging this matter with Mr. Hunt? A. No—the lease was surrendered, I suppose, six weeks before the prisoner was taken—I know that from Mr. Fairey.
HENRY CROSS. I am in the employ of Mr. Prestage, in Husbandstreet. On the 4th of December I went to the house in Piccadilly by my master's orders—I went with the prisoner, who had come to my master's shop for me—I was to go to look at some marble chimney-pieces—the prisoner took me to the three-pair room, and he showed me parts of some marble chimney-pieces on the floor in a pool of water—he told me hit master wanted 1l. for them—I said I did not think they were worth carrying home, but I thought 17s. was the most they were worth—he said he would go to his employer—I said, "Does he not live here? "—he said, "No, he keeps a large tobacconist's shop by Temple-bar"—I said, "I had better see your master"—he said, "You cannot see him till four o'clock"(it was then about two o'clock) but he said, "It is no consequence, you can take the things away, and pay my master after four o'clock"—I went home to my employer, and told him, I got a man to go with me with a hand barrow, and we began to load the marble—while we were doing it the third time, Mr. Scott came—I was up stairs—Mr. Scott asked me who employed me—I said, "The man who stands here, and I hare got to go and pay his master"—the moment I turned the prisoner was gone—Mr. Scott and I looked all over the house for him.
GEORGE DAVIES (police-constable C33.) I was applied to to look after the prisoner—I searched for him in several places, and at last found him in Calmell-buildings, St Giles's, in a cellar lying amongst some soot—I told him I took him on suspicion of stealing marble—he said he knew about that, and he was employed by some one to sell it—he did not say who, nor where he lived.
Cross-examined. Q. Do you know a man of the name of Brown? A. Not that I know of.
THOMAS WILLIAM BARNARD. I am shopman to Ann Pain, a hatter, at Shadwell. On the evening of the 27th of December I was showing some caps to some boys, and when they were gone I missed one—the prisoner had been backwards and forwards two or three times—I afterwards took him, and found the cap on his head—it has the mark inside, which would have been taken out if it had been sold—he said it was not mine.
GUILTY.Aged 18.— Confined Three Months
JOHN ROBERTS. I am assistant to Mr. George Mew, a linen-draper, in Holborn. On the 3rd of January, about seven o'clock in the evening, a little girl came, and told me something—I then missed this flannel—I looked, and saw the prisoner crossing the street with it under her arm—I caught her in Brownlow-street with it—I had seen it safe just inside the shop about an hour before.
GUILTY.**Aged 20.— Transported for Seven Years
JOHN DOVEY. I am a shoemaker, and live in New Tothill-street, Westminster. The prisoner slept in the same bed with me for the last week while he lodged in the house—I had a box in the room, and a coat in it—I missed my coat on the 23rd of December—this is it.
THOMAS DUNNELL. I am a pawnbroker, and live in Long-acre. The prisoner pawned this coat about a week before the date of the ticket, which is the 23rd of December—he brought two or three persons to look at the coat, to try to sell it, and each time the ticket was renewed.
GUILTY.Aged 18.— Confined Six Months
MR. PHILLIPS conducted the Prosecution.
HENRY CONNOP. I am a Captain in the army, on half-pay. On the 26th of December I was going down by the two o'clock train on the Great Western Railway—I was to have gone in the first-class carriage—I placed my silk handkerchief on the seat in the carriage—I saw the prisoner cleaning the window of my carriage—I did not go in for about ten minutes, and when I went the handkerchief was gone—the prisoner was then cleaning the window of the next carriage—I asked him if he had seen any body about the carriage, or who had moved my handkerchief—he said he had not seen it—this is my handkerchief—(looking at it.)
THOMAS WORKMAN. I am a porter on the Great Western Railway. On the 26th of December, I saw Captain Connop pull out his handkerchief and place it on the seat of the carriage in order to secure a seat—the prisoner was then at the next carriage.
JOSEPH COLLARD. I am chief inspector of the Great Western Railway. I heard of this circumstance, and in about two hours afterwards the handkerchief was shown to me in the urinal of the second class booking office—it was between the roof and the top of the wall on which the roof rests—I set a person to watch who came for the handkerchief, and in an hour and a half after the prisoner was brought to me, and the handkerchief—Smith said, "Here is Mayhew, I found the handkerchief thrust into his trowsers"
—I said, "How is this, Mayhew? "—he said he knew nothing about it—he could not account for it.
Cross-examined by MR. CLARKSON. Q. Was not what he said, "I found the handkerchief in his trowsers' pocket? "A. I think he said that also, and I think the prisoner said he could not account for it—or it was to that effect—he has been employed there fourteen months—I never heard a complaint against him.
HENRY SMITH. I am a police-constable of the Great Western Railway. On the 26th of December, I went to the building which Mr. Collard has mentioned, and saw the handkerchief rolled up and thrust in between the wood work of the roof—it was so fixed in that it could not fall—I fixed myself in the adjoining water-closet—several persons came to the urinal while I was there, and after every one I went out to see that the handkerchief was safe—at last I heard some footsteps, and saw it was the prisoner—he went in the place, and returned again—he did not stop—I saw him come out—he was going into the second class booking-office, but as soon as I came out of the water-closet he went in—I went and saw the handkerchief was gone—I then went to the door of the water-closet, I knocked, and called "Mayhew"—he said what did I want with him—I said I wanted to speak to him, and asked him to open the door—he refused, and I looked in at the top where there had been glass, but it was broken—I saw he was stooping down, busy with his hands in his trowsers—I thrust open the door, and told him a handkerchief was missing, and I believed he had it—I asked him for it—he denied any knowledge of it, and said he knew nothing about it—I told him I knew he had it in his trowsers, and wished him to give it out—he would not—a scuffle ensued between us, and in the scuffle I got it from inside his trowsers—he said, "D——it, how is this? "—his trowsers were not undone.
Cross-examined. Q. How long have you been in the service of the Company? A. Since the commencement of it—I was before that in the metropolitan polite—I was two or three years in the service of Mr. Gill, at Galway, in Ireland—when I desired the prisoner to open the door of the water-closet he was not doing it, and I considered that a refusal—I waited about a minute and a half—he had the handkerchief in his trowsers, where it could not be seen—I put my hand in and got it—I will not swear it was not in his pocket—his trowsers open in front—I think it was about half-past six o'clock in the evening—some of the men go to tea at four o'clock, and some later.
Cross-examined. Q. Did you take it out? A. Yes, and put it back again—Kitching went and told Mr. Collard.
(The prisoner received a good character.)
GUILTY.Aged 51.—Recommended to mercy .— Confined Three Months
GUILTY.Aged 17.— Confined Six Months
First Jury, before Mr. Common Sergeant.
JAMES BELL. I am shopman to Ann Smith, a tallow-chandler in Forestreet, Cripplegate. On the 11th of November I packed up nine dozen and a half of candles, they were delivered to Murphy's man—I assisted him with them into the cart—this is the box, it is worth 5s., and the candles were worth 3l. 11s. 6d.
WILLIAM SIPPETT. I am carman to James Patrick Murphy. I received the box, and went with it to the corner of Swan-alley, Londonwall—I then went for a bottle of ink—I was gone ten minutes, and on my return I missed the box of candles.
JAMES BRANNAN (police-sergeant G20.) In consequence of information, I went to No. 6, Sanders-buildings, Horseshoe-alley, Shoreditch, about one o'clock in the morning of the 12th of November—I watched about two hours—I then went to Little Hart-street, St. Luke's, where I found the woman who used to cohabit with the prisoner—I knew him and her previously—I got to the woman's lodging a little after six o'clock—I found her in bed, and in a glove on the table I found a street-door key—I went back to Sanders-buildings, and gave the key to another officer—I staid outside, while he opened the door and went in—he called me in in a few minutes, and there I found this box of candles, and a very valuable spaniel dog—I con tinned to look after the prisoner till the 16th of December, when I apprehended him at a house in St. Helen's-place, Cripplegate—I spoke to him about the box—he said he knew nothing about it, and that he never lived in Sanders-buildings, and did not know where it was.
Cross-examined by MR. CLARKSON. Q. You have stated that yon knew the prisoner and this woman cohabited together, did you ever see them in bed? A. Yes, at No. 3, Pembley-court, Old-street, about a year and a half ago—I have taken them since then—the last time I saw them in company was in the summer, I think about August last.
CHARLES SANDERS. I live in Goldsmith's-buildings, Hackney, and am landlord of the house No. 6, Sanders-buildings—I let it to the prisoner, and a woman who he said was his wife—the key produced is the key of that house.
Sixth Jury, before Mr. Sergeant Arabin.
SAMUEL MYERS. I belong to the ship called the Eagle, which was lying in the City Canal. The prisoner came on board, and asked if the captain wanted an apprentice—I inquired, and told him the captain did not want one, but he said he was in distress—I spoke to the captain's wife, and he was allowed to stay on board two or three days—I had a jacket on board—the prisoner wanted me to change it for one of his—he left the ship without my knowing it, about the 6th of December—I did not see him again for some days, when I found him on shore—he said for
some time that he had not seen the jacket, but at last he said he took it, and sold it to a man in Rosemary-lane for 5s.
GUILTY.Aged 19.— Confined Six Weeks
ELIZAISABELLA JONES. I am a widow, and keep a shop in Crown-court, Westminster. On the 31st of December, the prisoner came and wanted a pair of slippers without fur—I showed her what I had, hot I had none without fur—she said, "Perhaps you will have some next week? " I said perhaps I should—she went out and I missed a pair of slippers—my little girl was looking for them, and the prisoner came back and said, "Have you seen a bit of ribbon? "—she looked about—I said, "You are looking for your ribbon, and I am looking for my slippers—did you try on a pair of velvet slippers? "—she said, "No"—she then said perhaps she had dropped her ribbon in the cheesemonger's shop over the way she went there and came out—I said, "Have you found it? "—she said, "No"—she walked on—I followed her to the passage of a butcher's shop—she then stooped, and dropped these slippers—I stepped in and picked them up—I said, "These are what I want—I told her to come back, which she did, and I gave her in charge.
Prisoner's Defence. I had a young woman with me who went out of the shop—I went out with her, and missed my ribbon—I went back and asked for it—she said she bad lost a pair of slippers—I called to the young woman who was with me, and asked her if she knew any thing of them—she called me to follow her—she had before told me she lived in the kitchen of that butcher's—I was going there, and the prosecutrix came and said she had found my ribbon—that made me go back with her.
GUILTY.*Aged 28.— Confined Three Months
JOHN COHEN. I keep a clothes shop in Monmouth-street. On the 28th of December, the prisoners and another came to my shop—while I was showing Wells a pair of trowsers, my neighbour gave me some information, and I missed a pair of trowsers from my door—I gave them into custody—Wells Iffered me the money for the trowsers which had been at the door.
Cross-examined by MR. PHILLIPS. Q. There were three persons came into the shop? A. Yes, Wells asked me to show him a pair of trowsers, and during the time I was showing him a pair, my neighbour told me that Keefe had stolen a pair of trowsers from the door—I did not say I would transport Wells if he did not pay me, nor any thing of the kind.
Q. Was not Wells quarrelling with you, and wanting a card of you, that he might get his 5s. from you, and that brought a crowd about? A. No—I did not get a half-sovereign from him—he did not show me a
half-sovereign—he offered me two half-crowns, and I had them in my hand, but I did not want to take them—I had them in my hand when the policeman came, and I gave them to him.
JOHN EVANS. I serve in the shop next door but one to the prosecutor. On Saturday evening, the 28th of December, I saw Keefe at the prosecutor's door—he took a pair of trowsere off the rail, folded them up, put them under his jacket, and ran up Monmouth-street—Wells was in the shop with another person, bargaining, I think, for a hat—I went back to my master's door, and in a few minutes Keefe came back—I said he was the person, and the prosecutor gave them into custody.
THOMAS KELLY (police-constable F40.) I was sent for, and went to the shop—I saw the two prisoners there—Cohen said that Keefe had run away with a pair of trowsers, and that Wells had put two half-crowns in hit hand—he gave them to me.
Cross-examined. Q. Did you hear the conversation between Wells and Cohen? A. When I got to the shop I did—Cohen laid Wells had put two half-crowns into his hand—I did not tell them to settle it between them—Welled told me he had been at another shop, and I found he had—he told me that Mr. Cohen had changed him half-a-sovereign—I asked Cohen if he had, and he said no—Wells was remonstrating with Cohen, and angry with him—there was a mob of people when I got there.
(Keefe received a good character.)
KEEFE— GUILTY.Aged 21.— Confined Three Months
WELLS— NOT GUILTY.
ROBERT BARBER.I live in Chapel-street, Curtain-road. On the 26th of December I went to the City of London beer-shop, in Chapel-street—I pulled off my great-coat, and hung it on a peg—the prisoner was sitting opposite me, drinking with me, but I had never seen him before—I afterwards missed my great-coat—he was then gone, and I suspected him—went to the station-house, and gave information—he was taken on the Saturday following—he admitted he had taken it, and told where it was—this is my coat—(looking at it.)
JOHN JORDAN. I was with the prisoner in the beer-shop—I saw the prosecutor hang up his coat—about half-past nine o'clock it was missing, and the prisoner was gone—I looked after him, and he was found on the Saturday following—he acknowledged he took the coat, and said where it was.
Prisoner. I had been out of a situation a long time, and I meant to return the coat as soon I had borrowed money to get it.
(The prisoner received a good character.)
GUILTY.Aged 25.—Recommended to mercy .
Confined One Month
three weeks—he was accustomed to receive money on my account—we settled once a week—I kept a book—I have a clerk of the name of Freshwater.
THOMAS JACKSON. I am clerk to Mr. Howard, of Leadenhall-market. On the 9th of December Mr. Bruin sent seven packages of goods, and 1s. was demanded—I cannot say whether the prisoner was the person who had the money or not—we had no ticket, or any thing from Mr. Bruin.
JOB OWTRAM. I am clerk to Spence, Bagally, and Co., of Love-lane, Aldermanbury. I paid the prisoner 2s. on the 14th of December for his master—he produced this ticket for the 2s., and I put my initials in his book.
Cross-examined by MR. PAYNE. Q. Did you never say it was a person whom you believed to be the prisoner? A. I believe I was not asked that question before the Magistrate—what I said was read over to me—I said I believed it was the prisoner.
THOMAS BRUIN re-examined. The prisoner did not account to me for the receipt of this 2s., but only for 4d., by getting his book altered from 2s. to 4d.—I have the book here—I spoke to him about it, and fie said it was an empty case, for which they would not pay carriage—I asked why he had not brought his ticket back—he said be had lost or mislaid it—I then sent my bookkeeper down to see how it was—I paid the prisoner a guinea a week.
Cross-examined. Q. He had been in your employ three weeks? A. Yes—I knew him as being in the habit of delivering goods—he had lived with Mr. Bloomfield, in Farringdon-street, and other places—he lives with a woman and two children, but I cannot swear whether she is his wife.
THOMAS FRESHWATER. I authorised the prisoner to take seven packages to Mr. Howard's, and to get 6s.—on his return he gave me 5s. 10d.—he said Mr. Howard said they were small packages, and they were not in the habit of giving more.
(The prisoner received a good character.)
GUILTY.Aged 29.—Recommended to mercy by the Jury .— Confined
WILLIAM SMITH. I am in the service of Charles Fassett Burnett and others, distillers, at Vauxhall. I was out on the 24th of December with my master's cart, which contained the articles stated, delivering goods at Mr. Walter's, in Fore-street, about six o'clock in the evening"—I was not absent ten minutes, and when. I was returning to my cart I heard the pully rattle—I turned my head, and saw the prisoner going away with this basket and bottle on his shoulder—I ran to him, and asked what he was going to do with it—he said a man gave it him to carry—another man came up, and took him, and he threw the basket off his shoulder, broke the bottle, and spilt all the vinegar.
CHARLES PARKER. I am a ribbon-dresser. I saw the prisoner come from the cart with this basket on his right shoulder—I stopped him, and at the same time the carman came up—he threw it off his shoulder, and said, "D—the basket."
Prisoner's Defence. What the first witness has stated it correct, but what this man says is false—it was given me by a man to carry.
(The prisoner received a good character.)
GUILTY.Aged 23.— Confined Six Months
466. DENNIS CORBETT and WILLIAM ALEXANDER were indicted for stealing, on the 31st of December, 2 waistcoats, value 5s., the goods of James Ross; and that Corbett had been previously convicted of felony.
JOSEPH DAVID LEATHART. I am a house-decorator. About five o'clock in the evening of the 31st of December I was talking to a policeman in St. James's-street—I saw the two prisoners and another boy in company—I said something to the policeman, and they tried to shun upto a door-way—I went up, and took hold of Corbett—I saw something sticking out from his coat—I said, "What have you got there? "—he said, "Nothing"—I said, "Yes, you have, " and I pulled out this sleeved waistcoat—the other boy ran way—I looked round, and saw Alexander in custody of the policeman, and he found this other waistcoat on him.
GEORGE THORNTON. I am a police-constable. I was talking to the witness—I took Alexander, and found this other waistcoat under his waistcoat—it has been pinned up somewhere, and torn down—he said he had got nothing—I said, "What do you call this? "
JAMES REARDEN. I am in the employ of James Ross, in East-street, Manchester-square. These two waistcoats are his—they were safe at the door between two and three o'clock that afternoon—there were several persons at the door, and among them the prisoners.
Corbett's Defence. I was going down Marylebone-lane—two men asked us to go and pawn these waistcoats for them—when we got to St. James's-street we were stopped by the witness, and the policeman—the two men had been following us, but they ran away when they saw us in custody.
CORBETT†— GUILTY.Aged 16.
ALEXANDER— GUILTY.Aged 13.
✗ Transported for Seven Years
JOHN FISHER. I am bailiff to Jane Gammon, a farmer at Staines—she had a turkey that used to roost on some pales—it was very large, and in good condition—I missed it on the morning of the 1st of January—I then traced foot-marks to the prisoner's house, he lives adjoining our premises—he is a sawyer—he had seen the turkey every day, I dare say—the feet-marks had nails and tips on the heels, and a plate on the toes—I traced them to the prisoner's house, from the place where the turkey used to roost—when the prisoner was taken I saw his shoes, and they tallied exactly with the marks on the road—he said he had no such thing as a turkey in the house—I found several parts of turkey meat cut up, and it had been skinned, not plucked—all the feathers were gone but one—I could not swear to the marks of his shoes, but they were very much like them.
ROBERT TAYLOR. I am inspector of the Staines police. I went on Thursday morning about this—on the road I met the prisoner—I said he was suspected of stealing this turkey—he said he knew nothing of it—I said, "The foot-marks have been traced to your house"—I took him to the place where the foot-marks were, and measured his feet, and found they answered in every respect to the marks—I asked him if he had any turkey in his house—he said, "No, nothing like it"—I went into his
home, and in a cupboard I found the remains of a turkey which had been skinned, and the breast-bones and the pinions were gone—I found one feather on the track from prosecutor's premises to the prisoner's—I have not the least doubt that what I found was the remains of a turkey—I have since cooked some, and found it to be so—he told me it was a hookerhis uncle gave him, that means a white swan.
Prisoner. Q. How can you tell they were my foot-marks? A.I am certain they could not correspond more exactly than they did.
GUILTY.Aged 25.— Confined Six Months
WILLIAM PRICE. I live in Norton Falgate. On the 1st of January, at a quarter before seven o'clock in the evening, I was in the bar, and a young woman came and told me my brass-work had been stolen from my window—I ran out, and pursued the prisoner, he turned a street—I followed him, and got near the side of him—my foot slipped and down I fell—I called "Stop thief"—he dropped this brass guard, which he had in his hand, and was taken—this is my guard, and the one he had in his hand.
SUSAN MEADOWS. I saw the prisoner take this from the prosecutor's window, turn up a court, and then turn up Worship-street—I told Mr. Price his guard was gone, and then he ran out—I swear the prisoner is the man.
Prisoner's Defence. I never had the guard—I offered no resistance, but went with a good will to the station-house—I had been to a friend's house at Islington—I was.returning home, and going through Long-alley, when I was taken.
GUILTY.Aged 22.— Confined Six Weeks
WILLIAM MORTER. I am a smith and bell-hanger, and live in Margaret-street, Spa-fields—I am single. I fell in with the prisoner on the 23rd of December, on Pentonville-hill, about twelve o'clock at night—we got talking together, and went to her lodging in Lucas-court, near Hunterstreet—I gave her a shilling and two sixpences—I had then two halfcrowns, five shillings, and two sixpences—I got on the bed with her for about five minutes—I felt her hand in my pocket, and I accused her of robbing me—she struck me with the poker, because I would not let her out of my sight—she got from the room, which was up stairs, and went into the parlour, but I still kept sight of her—the policeman heard the disturbance, and looked in—I accused her of robbing me—she denied that she took it, or had any half-crown on her—she was taken, and searched by a female, and the half-crowns found on her.
Cross-examined by MR. DOANE. Q. You had been drinking that night? A. No, I was sober—it was half-past twelve o'clock—I had been in the Borough to visit a friend—I had had supper—I drank some porter with it—I did not give her more money than I said—I told her when we were on the bed that she had her hand in my pocket—I am quite certain I gave her only one shilling and two sixpences—I had no quarrel with
her, but I kept close to her till I got a policeman, and gave her in charge.
WILLIAM ATTWOOD (police-constable E88.) I was on duty—I passed the house, and heard a dispute—I put my head inside the door, and the prosecutor gave the prisoner in charge, for stealing two half-crowns—she said she had none, only one shilling and two sixpences which the prosecutor gave her—in going to the station-house she said she bad one half-crown of her own—the prosecutor was quite sober.
Cross-examined. Q. Did you not hear the prosecutor say be had given her one shilling and two sixpences? A. Yes.
(The prisoner received a good character.)
GUILTY.Aged 19.—Recommended to mercy by the Jury ,— Confined
OLD COURT.—Thursday, January9th, 184O.
Second Jury, before Mr. Sergeant Arabin.
WILLIAM STURGESS. I am a publican, and live in North-street, Fitzroysquare. The prisoner was a fortnight and a few days in my employ, as waiter and potman—on the 25th of October I gave him twenty sovereigns to get changed in the neighbourhood for silver—he did not return—I found him at the station-house last Monday week.
GEORGE JOHN RESTIEAUX. I am a policeman. I was looking for the prisoner from the 25th of October until last Monday week, when I apprehended him at his father's—I told him I took him for robbing Mr. Sturgess of 20l., and what he said to me would be given in evidence—he said, "Never hello"—I said, "What has become of the money? "—he said it was all spent long ago, and on the way to the station-house he said he would have had 100l. if he could have got it.
Prisoner. That part of his statement is false. Witness. It is true—there was a pistol and shot found in his bed-room at the prosecutor's.
GUILTY.Aged 18.— Transported for Seven Years
CANNONpleaded GUILTY.**Aged 13.— Transported for Seven Years
CHARLES BRADLEY. I am in the employ of my cousin, John Henry Bradley, in Plummer's-row, City-road. On Tuesday, the 31st of December, I saw the prisoners lurking about the house—I watched them, and saw Cannon take this clock off a table outside the shop, and hand it to Bradley, who stood at the corner, about two yards off—he ran off with it—I pursued, overtook him, and brought him back to the shop, with the clock under his jacket—this is it—(looking at it.)
——I am a policeman. I took him into custody. Rayner. I did not do it.
RAYNER— GUILTY.Aged 13.— Whipped, and Discharged
JANE WRIGGLESWORTH. I am a widow, and keep a chandler's shop in Wilstead-street, Somers' Town. On the 1st of January, about nine o'clock at night, Betty came in and gave me information—I went up the street and overtook the prisoner, about six or seven doors off, across the street—he asked what he had done—I told him he had taken a spice box—he denied it—I brought him back—he said he had taken it, and given it to another boy—it had been on the counter—it contained three ounces of spice.
GUILTY.Aged 15.— Confined One Month
Before Mr. Baron Gurney.
473. JOHN STARBROOK and FREDERICK STARBROOK were indicted for feloniously breaking and entering the shop of James Scenes, at Christchurch, on the 3rd of January, and stealing therein, 1 clock, value 15s., and 1 pistol, value 6s., his property.
JAMES SCANES. I am a whitesmith and bell-banger, my shop is in Red Lion-court, Christchurch, Spitalfields. On Friday evening last it was broken open—it is not in my house—I left it secure at six o'clock—I went again at eight o'clock in consequence of information, and found the glass of the back window broken, the bars unfastened, the window thrown open, and a clock and a pistol taken—the clock had hung up in the shop, and the pistol bad been in a drawer—the prisoner, John Starbrook, had been formerly in my service for about two years, off and on, and left in September.
WILLIAM DAY DAVIS. I am a policeman. On Saturday evening, between six and seven o'clock, in consequence of information I received, I watched the prisoners in Petticoat-lane, opposite a marine store shop—they looked about there for a few minutes—I then went up to them and spoke to Frederick—I asked what he had in his pocket—he said, "A pistol"—I asked what he was going to do with it—he said, "To sell it"—I said, "Is it yours? "—he said, "Yes"—I asked where he bought it—he said, "In Petticoat-lane, at a stall"—I asked what he gave for it—he said, Two bob"—(meaning 2s.)—I asked if any body knew that he bought it—he said, "No"—I said, "How long ago is it? "—he said, "About two months"—I said, "Did any body know you had such a thing in your possession? "—he said no, but he had pawned it several times—I said, "Where? "—he said he did not know, but if I thought it was not his I might go and find an owner, for he knew I could not find one—I asked who that was he was with—he said he did not know, he had merely met him there—I said, "I saw you speak to him"—he said he did not, he knew nothing of him—I took them both to the station-house—Mr. Scanes had given information at the station-house of his robbery.
four years—it has been about two years in the shop—they left the cap of it in the shop—I have it here, and it fits it—I have not found the clock.
JOHN STARBBOOK— NOT GUILTY.
FREDERICK STARBROOK— GUILTY.Aged 23.— Confined Six
Before Mr. Justice Erskine.
474. GEORGE CHEESEMAN was indicted for unlawfully, maliciously, and feloniously assaulting Joseph Savage, on the 21st of December, at Heston, and stabbing and cutting him on his right cheek, with intent to maim and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
JOSEPH SAVAGE. I am under ostler, employed at the Coach and Horses public-house, Hounslow. On Sunday morning, the 21st of December, about half-post one o'clock at night, or between one and two o'clock, I was outside the door feeding a team of horses—the prisoner came up to our door with two more, and asked for some beer—it was not given to them—the door was shut—they kicked and knocked the door about—Hall, the constable, happened to be in the house at the time—he came out and persuaded them to go off without making a disturbance—they were abusive to him, and said they had as much business in the house as he had—they did not go—they resisted against him—he was pushing them away, after a good deal of persuasion—they began scuffling with him—the prisoner was one of those who scuffled with him—one of his matespushed up against me as I was feeding the horses, and I pushed him down in the road, and directly afterwards the prisoner stabbed me in the face—I saw the prisoner just before I received the blow—he was not many yards from me when I pushed his matedown—he struck at me almost directly after—I did not see any thing in his hand before he struck me—I only felt the blow in my face, and felt something jar—I then collared him and threw him down, and while he was down I saw the blade of a cl✗sp knife in his hand—I said, "I am stabbed, " and give him in charge of the constable—I charged him with having stabbed me in his presence—I went in doors, and had my face washed with warm water—I found my right cheek was cut—the knife had struck against the bone—I went to the doctor's and had it strapped up—after they got the prisoner in doors, he said Massey had given him the knife to stab Hall, the constable, with.
Prisoner. I was very tipsy at the time. Witness. He had been drinking—he appeared a little bit tipsy.
HENRY WALKER. I am ostler at the Coach and Horses public-house, at Hounslow. I was in the house on this night—the prisoner came up to the door with others—the constable was inside—he comes round once every hour—the constable persuaded them to go away, as they could not have any thing to drink—they resisted, and said they would not go till they did have something—after a good deal of persuasion they began to abuse the constable, and he began to push them away—Savage was feeding the horses—they pushed towards the horses—he went to push one of them away, and the prisoner then struck him on the right cheek—I was not close enough to see if he had any thing in his hand—I was going towards them, and heard Savage say, "I am stabbed"—I met Savage, with his face bleeding—I brought the prisoner into the house—he said to Hall, "Massey gave me the knife to stab you with"—there was a person named Massey with the prisoner at the time of the scuffle.
WILLIAM HALL. I am a constable. I was at the Coach and Hones publichouse on this Sunday morning, and saw the prisoner and two more outside—I was inside when they began knocking at the door—I went out to them, and begged them to go away quietly, as it was a late hour and they could not have any beer then—they began abusing me, and still kept knocking—when I found they would not go away, I caught hold of Massey and pulled him from the door—they then commenced a fight, and while I was keeping Massey back I heard Savage halloo out, "I am stabbed"—I was a distance off—I went to him, and found his cheek bleeding very much he gave charge of the prisoner—I brought him into the house, and while I was searching him he said, "Massey gave me the knife to stab you"—I produce the knife which I found in his pocket—I afterwards apprehended Massey, but the Magistrate discharged him—I did not see any blood on the knife—I saw Savage's cheek—it bled very much, and after I secured the prisoner I took him to the doctor's—it appeared to be cut two ways—it appeared to have been made by a knife like this.
CHRISTOPHER BROWNING EMMETT. I am a surgeon, and live at Hounslow. On Sunday morning, the 21st of December, I saw Savage at two o'clock—I examined his right cheek, and found a triangular wound just over the cheek-bone—I did not probe it—I examined it carefully—it appeared to have been inflicted by a sharp instrument—the knife produced is very capable of inflicting such a wound—it appeared to go down to the bone—the triangular shape must have been caused by the knife striking against the bone, and glancing—there was no contusion.
Prisoner's Defence. I was very tipsy—I and two more had been drinking all the evening—we went to ask for some beer—they would not let us have any—we got fighting, and Savage hallooed out that he was stabbed, but I did not know anything about it.
(The prisoner received a good character.)
GUILTY.Aged 19.—Recommended to mercy — Confined
Twelve Months—Three Weeks Solitary.
Fourth Jury, before Mr. Baron Gurney.
475. GEORGE ROGERS was indicted for feloniously breaking and entering the dwelling-house of Thomas Bean, on the 1st of January, at Enfield, and stealing therein, 6 spoons, value 10s.; 1 tooth-pick, value 1s.; 1 seal, value 1l.; 1 watch-key, value 8s.; 1 handkerchief; value 5s.; 1 tobacco-box, value 1s. 64s.; and 1/2 lb. weight of sugar, value 4d.; his goods.
LEAH PETER. I live next door to Mr. Bean, at Ponder's-end, in the parish of Enfield. On the morning of the 1st of January I observed somebody in Mr. Bean's house, soon after ten o'clock—I saw the backdoor open, and knowing they were both gone to their work, I called four or five times, "Mrs. Bean's—I received no answer, but the door was then quite closed by somebody inside—I continued to watch, and got up on a fence, looked through the kitchen window, and saw a boy inside the house—I sent my little boy to fetch a neighbour—I saw the prisoner come out of the back-door and climb over the fence—I am sure he is the boy—when I first saw him through the window I was about a yard from the window, close by him.
Prisoner. Q. Why did you not catch me when you saw me? A. I directly sent my little boy down to tell Mr. Bean.
THOMAS BEAN. I left my house about five minutes before eight o'clock—I was the last person in the house—I locked it up—in consequence of information, I went after the prisoner, before I got to my house, and found him under some straw in a barn—I secured him, and led him into the road—he said if I would take him into the barn again he would go and show me where my things were—I took him back, and he pulled the property out from under the straw, and in his jacket pocket there were six tea-spoons, a tooth-pick, a watch-seal, and a key, all of which were mine, and a silk handkerchief they were wrapped up in—I then went to my house, and found he had got in at the window, which had not been fastened down—I left it shut down—he had then opened all the drawers, and taken the things.
(Property produced and sworn to.)
Prisoner's Defence. I found them tied up in the handkerchief going along—I took them up and hid them, and when I heard they were stolen property, I was going to give them up, but they came and ill used me.
GUILTY.*Aged 15.— Transported for Fifteen Years
Before Mr. Justice Erskine.
WILLIAM WARING. I am gardener to Mr. Reynolds, of Brentford, and live in a nursery belonging to him at Isleworth. On Friday morning, the 13th of December, about seven o'clock, I was in the road, and saw a grey pony staggering about the road bleeding, but being dusk I could not see where the blood came from—it staggered across the road, his hind legs fell under him, he then fell down, and soon died—I examined it, and saw it had been stuck at the bottom of the throat, and to the chest I consider—that was all the marks I observed at that time—I returned to the nursery about my business, and in about half an-hour I saw two men approach the horse—I was in sight of where it lay—one was a tall man in a fustian jacket—the other a shortish man wore a darkish coloured coat—I cannot say whether it was black or blue—I cannot swear to the men—I have no doubt the prisoner was one of them, but would not undertake to swear it positively—they were trying to push the blood about to hide it, by placing mud on the blood that was about the road—I went up to the tall man in the fustian jacket, and asked if it was his horse—he said, "Yes"—I asked how he came to stick the poor thing, and go away and leave it in that manner—he said, "It was no use after"—that was all he said—I went to the other roan who stood by the horse, and asked him if any thing was the matter with the horse—they were both together, and in hearing—all he said was, "I don't know, master"—I went away directly to the nursery—I came back in about two minutes, and they were gone—the horse laid in the road, and was fetched away in the afternoon by somebody, but I never saw it after—it was a grey pony, and a gelding—the last time I saw it was in the road, between Isleworth and Brentford, by the side of the road, just at the corner of the Duke of Northumberland's wall—it was not above three or four yards from the ditch—
there was only the footpath between the ditch and the horse—I did not observe any particular marks on the horse.
WILLIAM ELLIOTT. I am a butcher, and live at Sherwin Green, Hampshire. The prisoner lived with me between two and three years ago—I have not seen him in Hampshire for two or three years—he has been living near Brentford, I understand—I had a grey pony gelding, which I turned into a meadow at Hartley parish, about a quarter of a mile from my place—I missed it on Friday morning, the 13th of December—I had seen it myself the Tuesday night before in my yard, and sent my servant into the meadow with it—I did not afterwards see it in the meadow myself—I had not authorized any body to take it away, nor sell it—I saw it next at Brentford, which is about thirty-seven or thirty-eight miles from Hartleys—it was dead then, and lying in a stable under the care of a man named Bevan, I think—Taylor, a Sheriff's officer, took me to see it—he is not here—I examined the horse—its inside had been taken out then—I saw a scar on the leg, which I could swear to—I did not see any wound about the neck, because it was opened all down the neck and belly, and laid on his back, and his inside was washed out—I am sure it was my pony by the wound in the leg—I had had him about a month—he had the wound on the leg when I first had it—I often observed it—it was on the off far leg, at the fetlock—I have the limb here—(producing it)—it was an iron grey—I can swear positively it was the pony I missed from my field—I never saw it in the prisoner's presence, nor ever had any conversation with him on the subject.
EDWARD TALBOT.I am a police-constable of Brentford. On Friday, the 13th of December, I received information and went to Isleworth parish, and found a grey gelding by the side of the road—it was three or four yards from the ditch, which is close to the Duke of Northumberland's wall—the road leads from Brentford to Isleworth—it was eight or ten yards from Mr. Reynold's garden, where Warring works—I saw a quantity of blood in the road, which appeared as if mud had been scraped over it—I first saw the blood thirty or forty yards from the horse—it was dead—it had a wound in the neck, apparently recently inflicted, and the blood was fresh—the horse was taken to Brentford, to Bevan's stable—I saw it in that stable in Bevan's presence—he was standing in the road when I got up to the horse—he is not here now—I was never present when Taylor, the Sheriffs officer, was at the stable with the horse, nor when Elliott was there—the stable is in Catherine Wheel-yard, Brentford—Bevan has only one stable there—there are other stables in the yard—the yard is a thoroughfare—Bevan's stable is on the left-hand side going from Brentford—the other end of the yard opens to the locks of the Thames—it is about a third of the way do on—he prisoner was never present there with me—the horse was opened afterwards, from the throat right down through the belly, and the inside taken out—I observed a mark on the leg, which I should know again—(looking at the leg)—this is the leg of the horse I found in the road—I apprehended the prisoner the same day at Brentford—I asked him if he knew any thing of that horse which was lying by the Duke's wall, at Isleworth—he said, "Yes, I killed it"—he said the horse was his own, and he had a right to do as he liked with his own—I had not threatened nor promised him at all—I asked him how he came to kill the horse—he said because it was no use, he could not get it any further1—he then showed me the knife he killed it with, which I produce—the stain of blood is on it now.
the stable was in—it was a sort of thoroughfare leading out of Brentfordstreet, and on the left hand going from the street.
WILLIAM WARING re-examined. When I first saw the horse staggering in the road it was going towards Isle worth, that is further from town than Brentford—the horse was not going direct for London, but turned back towards Isleworth—Isleworth is nearer to Hampshire than Brentford.
ABRAHAM NOAKES. I buy and sell poultry, and buy old dead horses, and such things. On the 13th of December the prisoner came to my house, and asked if I bought such things as a dead pony—I asked where it was—he told me it laid in the Isleworth-road—I went with him to look at it, and found it lying in the road, four or five yards from the Duke of Northumberland's wall—it was a grey gelding—I asked what he wanted for it—it was dead—I did not notice how it had been killed, for while I was looking at it they said it was killed in an indecentway, and I went away—the prisoner pointed it out as the one he wanted to sell—we were about half an hour together—he said the pony was taken bad in the head, and dropped, and then he was obliged to kill it.
Prisoner. I hope you will consider it is the first offence. I was ever guilty of; I hope you will have mercy on me.
GUILTY.Aged 25.— Transported for Ten Years
Before Mr. Baron Gurney.
477. JOSEPH PATTERSON was indicted for feloniously breaking and entering the dwelling-house of Adam Ranwell and another, at the liberty of Norton Falgate, and stealing therein 6 handkerchiefs, value 24s., and 3 yards of silk, value 12s.; their property.
HENRY JOHNSON. I am in the service of Adam Ranwell and another, linen-drapers in the liberty of Norton Falgate. On Saturday night, the 28th of December, the policeman came, and drew my attention to the shop-window—I found one pane of glass had been broken, and nine silk handkerchiefs taken out—I went with him to the station-house, and found the prisoner in custody with the property.
GEORGE TREW. I am a policeman. I was on duty on the evening of the 28th of December, about six o'clock, in plain clothes—I observed the prisoner, with two others, near the prosecutor's shop—I watched them for nearly half-an-hour—they were walking backwards and forwards—I stood in a dark court, and saw them all close up to the window, and in a few minutes I saw the prisoner bring some glass from the window and put it in the kennel—it was part of a pane—they then walked backwards and forwards—then one stood close to the window, and the other, with the prisoner, was there—I saw the prisoner take the handkerchiefs out of the window, and go round Spital-square—I followed and collared him, just putting the handkerchiefs into his hat, having taken them from his coat—I took him to the station-house with the property—I went and gave information to Johnson.
Cross-examined by MR. PAYNE. Q. How far were you from the window? A. On the opposite side of the way, standing in a dark court, by the gallery of the City Theatre, watching them—I had a smock-frock on, and a short pipe in my mouth, in the disguise of a countryman—I had no tobacco—I could see clearly all that took place—the entrance of the theatre is right opposite the prosecutor's—I was in a court by the side of theatre—I had to look aslant—I stopped the prisoner about forty yards
from the shop, just turning into Spital-square—I saw him put the glass into the kennel—I went afterwards and brought a piece of it away, but something had gone over it, and crushed it all to pieces—I am certain I cannot be mistaken in the prisoner.
HENRY JOHNSON re-examined. These are my master's handkerchiefs, and have a mark on them—they were in the window, within reach of the broken pane—he might have taken twice the quantity out if he had had an opportunity.
MR. PAYNE. Q. Was not your attention called to the window by a female? A. Yes, almost at the same moment as the policeman—she came in rather before the policeman.
GUILTY.Aged 20.— Transported for Fourteen Years
Before Mr. Justice Ershine.
478. ELIZABETH WHITE was indicted for stealing, on the 3rd of January, 1 towel, value 6d,; 3 candles, value 3d,; 4 oz. weight of soap, value 2d.; l 1/2lb. weight of bread, value 4d.; and 1 1/2 oz. weight of butter, value 2d.; the goods of James Peat, her master: and MARY ANN SELLERS, for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
JAMES PEAT. I am of no profession—I live at No. 312, Duke-street, St. James. The prisoner White was in my service, as cook, for about a fortnight and two or three days—in consequence of suspicion, on the 3rd of January, between six and seven o'clock in the evening, I went out of my house, and secreted myself a few doors off on the other side of the way—I could see my own door from that place—I had not been there above five minutes, when I saw White come out of the private door—I have more than one door—she had no bonnet on—I saw her come out of the house with something in her apron—she came up the street, nearly opposite to where I was standing, when she was met by Sellers, with a basket in her hand—White took something wrapped up in a white towel from her apron—Sellers opened her basket, and White put the bundle into it—they stood in conversation about two minutes, and then walked together towards Piccadilly—I followed them, hoping to meet a policeman—they went as far as the White Horse cellar public-house before I could find one—I then gave them into custody—they did not see I was following them—the basket was searched by the policeman, and in it was something wrapped up in a towel, which appeared to be the same bundle I had seen put in—it contained a quantity of bread, three kitchen candles, some soap, and some butter—I examined the towel, and know it to be mine—there was nothing else in the basket which I claimed—Sellers was carrying it—I searched my house, and we missed the towel, some candles, bread, soap, and butter—we have missed two more towels besides—I know this towel to be mine.
Cross-examined by MR. PAYNE. Q. Do you mean you yourself missed the bread, butter, candles, and soap? A. Certainly not individually, only by representations from the female part of the family—I only swear to the towel—there is no mark on it, but it is part and parcel of a covering to a carpet we had when I lived in a large house in Clarges street, and it was cut up for towels—I have brought one other here, and am satisfied of it—I had a good character with White—the things are not worth 18d., but when I saw a bundle taken out I thought it was something else, and when I got before the police I was bound to go on—I believe the bore a good charac
ter before she came into my service, and am fearful her mind got contaminated between the last service and mine.
SAMUEL GLASSCOCK. I am a policeman. On the 3rd of January Mr. Peat gave me directions, in consequence of which I took the two prisoners, by the New White Horse cellar public-house, Piccadilly—I found a basket in possession of Sellers, and a bundle in it, containing the articles stated—I have it here.
Cross-examined. Q. In what state were the candles? A. When I undid the bundle, I found they were broken—it was yellow soap—they are just in the state they were—it is not a whole loaf—the candles are whole ones broken—Sellers seemed to be rather weak—she walked very well with me—I did not take her to the office.
COURT. Q. When did Sellers appear very weak? A. The night I took her—she appeared to be very weak when she was locked up—I did not see her walking along the street before I took her.
JAMES PEAT re-examined. I can safely say this towel is mine—here is the fellow one—we had not time to mark them, they had only been recently made—I am positive it is mine—I had not given White leave to dispose of it—I know nothing of Sellers.
MR. PAYNE. Q. Did Sellers appear to be weak? A. She did not to me—she appeared to come up with great alacrity to the servant to receive the articles, and I did not afterwards perceive she was weak.
WHITE— GUILTY.Aged 34.
SELLERS— GUILTY.Aged 36.
✗Recommended to mercy.— Confined Three Months
Before Mr. Baron Gurney.
479. GEORGE DALY was indicted for stealing, on the 24th of January, 2 yards of woollen cloth, value 1l. 12s., the goods of William Jamieson Anson, his master.—2nd COUNT, stating it to be the goods of James. Hargrave and others.
MR. PAYNE conducted the Prosecution.
CHARLES BOND. I am shopman to Mr. Bartram, a pawnbroker in Princes-street, Soho. I have some olive-green cloth, which was pawned on the 24th of January, 1839, in the name of John Freer—I cannot say who by—I know the prisoner as pawning property of this kind in the name of Freer, but whether he pawned this I cannot say—I took in the pledge, and wrote the duplicate—I am not able to say whether the prisoner pawned this.
480. GEORGE DALY was againindicted for stealing, on the 6th of May, 52 yards of woollen cloth, called buckskin, value 13l. 13s., the goods of William Jamieson Anson, his master.—2nd COUNT, stating it to be the goods of James Hargrave and others.
MR. PAYNE conducted the Prosecution.
WILLIAM JAMIESON ANSON. I am agent for the firm of James Hargrave and Company, of Leeds, and carry on business in Wood-street, Cheapside—there are three partners—I receive property from their factory at Leeds regularly, and am responsible to them—the prisoner was my porter for rather more than two years and a half—about the 10th of December I took stock, and found myself short about one hundred and twenty yards of woollen cloth called buckskin; in consequence of that, something passed between me and the prisoner, and in consequence of what I heard, I discovered some property at the pawnbroker's—I received a duplicate from Mr. Nussey, in the presence of the prisoner's brother—I have kept it ever
since—the prisoner was not present—his brother had given it to Mr. Nussey at that interview.
CHARLES BOND. I am shopman to Mr. Bartram, a pawnbroker in Princes-street, Soho. I have two yards and a quarter of buokskin, pawned on the 6th of May, in the name of John Freer—I took it in, and the duplicate was written by the boy—I do not know who pledged it—I have no belief on the subject—it was a man—the prisoner has often pawned at our shop, and always in the name of John Freer—I have some other property, pawned on the 20th of May, about the same quantity, in the same name—I cannot say whether it was pawned by the same person—the prisoner has pawned many things similar to this, buckskin and cloth—I know him by sight, but do not know whether he pawned these articles or not—he has pledged buckskin on every occasion that he came—the duplicate of the pledge on the 6th of May is in the hand-writing of a person in our shop—it was affixed to the property I have produced—the one produced by Mr. Anson corresponds with it, and is the ticket which would be given to the person pawning on the 6th of May.
STEPHEN DALY. I am the prisoner's brother—I am a tailor, and live in Dorset-place, Pall Mall East. My brother gave me this ticket, and I gave it to Mr. Nussey, on the Thursday night that be was charged—I received it from my brother at the latter end of May or beginning of June—he wished me to take care of it—it was a duplicate, similar to this—I cannot say this is the same—I have rather a doubt of it—I did not look particularly at the ticket I gave Mr. Nussey, and cannot say whether this is the ticket or not—I had it until December—I did not see Mr. Nussey hand it over to Mr. Anson.
Cross-examined by MR. BODKIN. Q. Where was Mr. Nussey when you gave him the ticket? A. At my lodgings—the prisoner was present at the time, no one else—I kept the ticket in a box belonging to myself—there were six or seven other duplicates there—I am not sure I gave Mr. Nussey the same ticket I received from my brother in May.
MR. PAYNE. Q. Did not you tell me you gave the ticket you received from your brother to Mr. Nussey? A. I gave Mr. Nussey a ticket, and to the best of my recollection that is the same ticket.
COURT. Q. Do you remember who was the pawnbroker? AI cannot charge my memory with that—I asked what it was that was pawned, and received no further answer than that it was kerseymere.
WILLIAM DAY. I am shopman to Mr. Newby, a pawnbroker, in Drurylane. I produce two yards and a half of buckskin, pawned on the 25th of August, in the name of John Freer, for 6s.—I took it in, and wrote the duplicate, and to the best of my belief the prisoner pawned it—I also produce two yards and a half pawned on the 14th of September, for 5s., to the best of my belief by the prisoner, in the name of John Field.
JOHN EWELL. I am shopman to Mr. Stephens, a pawnbroker, in Wardour-street, Soho. I produce some buckskin pawned on the 28th of July, in the name of Freer—I cannot say who by, but to the best of nay belief it was the prisoner—I have three quantities pawned in the same name on the 13th of September, which I believe was pawned by the prisoner—and another parcel pawned on the 21st of October—I cannot sty who pawned that—I did not take it in—it was in the name of Freer.
for 6s., in the name of Jhon Freer—I cannot say who pawned it—I have no knowledge of the prisoner—I have no belief who pawned it—I have seen the prisoner before, but I cannot remember where—I cannot say whether I have seen him at my master's.
WILLIM COWDEROY. I am shopman to Mr. Lawton., of Green-street, Leicester-square. I have five pieces of buckskin, the first was pawned on the 29th of July, another on the 22nd of August, another on the 23rd of September, another on the 28th of September, and another on the 2nd of November—four of them are in the name of Freer, and the other in the name of Creer—I do not know who pawned any of them—I have a faint recollection of the prisoner by sight, but not as pledging them—I think I have seen him at my master's—his face is familiar to me—I have no doubt I have seen him there.
ALFRED BROUGH. I am shopman to Mr. Harrison, a pawnbroker, in Wardour-street, Soho. On the 13th of August, a piece of kerseymere was pawned in the name of Davis, and on the 26th of September, a piece of buckskin in the name of John Freer—I cannot say who pawned them—I took in the last one—I have no recollection who pawned it—I do not know the prisoner's person.
EDWIN AUGUSTUS HEWITT. I am shopman to Mr. Walmsley, a pawnbroker, in Drury-lane. I produce a piece of buckskin pawned on the 24th of October, for 8s., in the name of John Freer—I cannot say who by—I never saw the prisoner to my knowledge.
WILLIAM PETHEBIDGE. I am shopman to Mr. Hedges, a pawnbroker, in Drury-lane. I produce a piece of buckskin pawned on the 8th of October, for 10s. 6d. in the name of John Freer—I do not know the prisoner—I have no belief about him.
JOHN TICKNER. I am shopman to Mr. Young, of Princes-street, SohO, I have a piece of buckskin pawned on the 29th of October, for 8s., in the name of John Freer—I cannot say who by—the prisoner's person is familiar to me—I cannot say he pawned the article—I am not aware of having seen him at my master's shop—it may have been there, or it may be in the neighbourhood.
FRANCIS SPICE. I produce three pieces of kerseymere, pawned in the name of John Freer, one on the 30th of August for 8s., another on the 22nd of October—I took both in—I cannot say who pawned them—I do not know the prisoner—I never saw him in my life to my knowledge—I did not take in the third piece—that was pawned on the 8th of August, in the same name.
MR. ANSON re-examined. I have examined the articles produced—I have the pieces they were cut from, and have no doubt of their being mine—they are all buckskin—it is kerseymere, but it is figured as well—it is of the same texture as kerseymere, but different in pattern.
Cross-examined by MR. BODKIN. Q. How old is the prisoner? A. I think about twenty years of age according to his own statement—he has been in my service rather more than two years and a half—mine is a pretty extensive concern—I have a good deal of property at the warehouse—he did not sleep there—I trusted him very much with the care of property—he was frequently left in care of it for a week at a time, with 4000l. or 5000l. worth of property—I paid him 10s. a week—he had not so much when he first came—I rose it every year—I spoke to him about it when I missed the property in December.
Q. Did you tell him if he would communicate to you all that he had done, he should not he in the slightest degree hurt, prosecuted, or proceeded against? A. I stated to him that if he would communicate to me how he had disposed of the property, and who his accomplices were, and if that information led to the recovery of the property, I had no with to prosecute him—(looking at a paper)—I did not write that paper—I signed it, and gave it to him—it was written by Mr. Nussey, a brother of one of the partners, and dictated and composed by-Donaldson, the inspector of police, who he called in.
(Read)—"I, William Jamieson Anson, promise and pledge myself, that provided George Daly, now in the employ of the said William Jamieson Anson, makes known any circumstance or circumstances connected with, or proving a recent felonious robbery of sundry cloths mentioned in a certain handbill or placard, and belonging to my employer or employers; or In other words, any circumstance or circumstances connected with a robbery of any property belonging to my employer of employers aforesaid, in which I haveat any time been concerned, either directly or indirectly, do promise as aforesaid to forgive him, the said George Daly, and not prosecute as✗sorting to law, in any Court of Justice, him, the said George Daly, provided he, the said George Daly, do make known the whole of tie circumstance or circumstances aforesaid; or do make known, without disguise or dec✗it, the possessors, or purchasers, or receivers of the said cloths, or property, which may in any way or manner tend to lead to a recovery of the said property without purchase.
"Dated this twelfth day of December, in the Year of our Lord, one thousand eight hundred and thirty-nine, at No. 106, Wood-street, Cheapside, London. Signed by me, WILLIAM JAMIESON AMBOR✗"Witnesses—THOMAS NUSSEY, WILLIAM GEORGE WHITMARSH, JOP✗ TOD HUNTER.
Witness. After delivering that paper to the prisoner, I allowed himself to go to his parent's house—Mr. Nuseey gave him some money when he left me—he was told to go horns and collect his ideas, and write out all he knew of the matter—he was soon after taken into custody.
COURT. Q. When did yon give that paper? A. It was given to him en the 12th of December, when it is dated—he was taken into custody about the 15th—this is the placard be refers to in the paper—(looking of it)—(The placard stated, that on the night of the13th of November cer✗✗ superfine black cloths, of the value of150l., had been stolen from the prosecutor's premises, and offering a reward of twenty guiness for the disme✗y of the offenders, and the recovery of the property.)—The paper was written about eight o'clock in the evening, and the prisoner was allowed to go home, but one of the policeman in Dorset-place, Charing-cross, where his brother lodges, had been informed of the robbery, and they took him that night, and the policeman came down to me—he did not bring me the paper—he asked if I had given one—I told him I had, and the prisoner was allowed to go at liberty—he came back to me the following day, to make the confession—he was about to make a statement to me, and I said, "You appear too much excited to do it now; go home and write it down"—Mr. Nussey went that afternoon and took him—I was not present—I was shown a paper containing information about this property.
MR. ANSON re-examined. I received a copy of this from the prisoner after he was in custody—I think it is in the hands of my solicitor—(read.)—"I, George Daly, on my oath do now declare, before my master, Mr. W. J. Anson, to tell all I know concerning the robbery, at No. 106, Wood-street, Cheapside:—Mr. Bartram's, of Princes-street, Soho, in the name of Freer, three or four cuts of buckskin; Mr. Young's, of Princes-street, Soho, two or three of cloth, in the names of Davis, or Freer, four or five cuts buckskin, and one or two cloth; Mr. Stevens, of Wardour-street, Soho, in the names of Davis, or Freer, four or five cuts buckskin, and one or two of cloth; Mr. Harrison, of Wardour-street, Soho, in the names of Davis, or Freer, five or six cuts of buckskin, and three or four cloth; Mr. Clunes, of Brydges-street, Covent-garden, in the names of Davis, or Freer, three or four cuts of buckskin; Mr. Sayers, of Drury-lane, in the names of Davis, or Freer, three or four cuts of buckskin; Mr. Newby, of Drury-lane, in the names of Davis, or Freer, three or four cuts of buckskin; Mr. Walmsley, of Drury-lane, in the names of Davis, or Freer, one cut of buckskin; Mr.——, of Drury-lane, in the names of Davis, or Freer, two or three cuts of buckskin and cloth; Mr. Aldous, of Berwick-street, Soho, in the names of Davis, or Freer, three or four cuts of buckskin, and one or two cloth; Mr.——, of Green-street, Leicester-square, in the names of Davis, or Freer, three or four cuts of buckskin, and one or two cloth; Mr. Flemings, of Brewer-street, Golden-square, in the names of Davis, or Freer, one or two buckskin; Mr. Archbutt, of Westminsterbridge-road, in the names of Davis, or Freer, one cut of buckskin; Mr. Ashby, of Long-acre, in the names of Davis, or Freer, three or four outs of buckskin; Mr. Burgess, of Long-acre, in the names of Davis, or Freer, one or two cuts of buckskin, and one cloth."—It was on the receipt of this paper I was led to discover my property—it was written prior to his being taken into custody.
MR. PAYNE. Q. When you first mentioned to the prisoner the robbery, which took place on the 13th of November, what did he say? A. He seemed very much excited about it, and said he hoped it would be found out, and so on—I did not ask whether he had any participation in it—I had no suspicion of him—I bad suspicion in the morning after he came to me, for he came to me a few minutes after he had received the keys of the warehouse, and asked if I locked it over night—I said, "Yes"—he said, "Well, the warehouse-door is open, and half-a-pile of superfine blacks is gone"—I immediately went to the warehouse, and found it was quite dark, the shutters not being down, and 1 could not myself have discovered that the pile was so much reduced—I have not found any of the property lost that night—he has given no information of the property mentioned in the placard.
Q. Why have the man taken into custody after he had given you the account of the things, but given you no account of the robbery of the 13th of November? A. The reason is, I told him that what he had put on the paper was not what I meant; I wished him to confess about the robbery of the eleven ends of cloth—he said he knew nothing of it—I said, "Well, I am not bound by the promise I gave you, " and I took him myself to the station-house—two yards and a half of buckskin would be worth 13s. or 14s.—the prisoner did not board with me.
GUILTY.Aged 19,— Transported for Twelve Years
Before Mr. Baron Gurney.
GUILTY.Aged 22.— Transported for Fourteen Years
Before Mr. Justice Erskine.
JOSIAH PEARSON. I am an upholsterer, and live in my father's house, No. 20, Old-street-road, Shoreditch. On the 26th of December I missed a coat, which I bad seen safe the evening before when I undressed myself, I took it off, and placed it on a chair—there was a silk handkerchief in the pocket—I missed it at ten o'clock next morning—I saw the coat the same morning on the prisoner's back, in Church-street, Shoreditch—I first saw him coming towards Shoreditch—he turned off, to go to a publichouse—I was about fourteen doors from him, then only just across the road—I did not know him before—I saw another person, whom I was watching, run against him, and make a slight halt, and then the prisoner turned off to go into the public-house—I immediately stepped off the curb to follow him into the public-house—the person who made the halt then gave a whistle, on hearing which the prisoner immediately left the publichouse—he had only just stepped in—he came out and walked fast to the corner of the first turning—I was immediately opposite him—he went from me—he walked eight or nine yards—I immediately followed him, and when he came to the corner of the street he began to run—he ran about three paces, when I caught him by the collar, and took him to the opposite corner of the street—he then turned round and looked me in the face, and I told him he bad my coat on—he said he had not, for he had just bought it—I told him if he had bought it, to come with me to Shoreditch to a policeman, and we would see about it—he then scuffled and tried to get away, and caught hold of the post—I pulled him away—he then caught hold of the railing of a window—then two or three young persons came up, and one of them told the prisoner to dowseme; on which he tried to put his leg between mine, and throw me down, but did not succeed—during the scuffle there was a whistle, and immediately about twenty persons came to his assistance from a public-house and a coffee-shop close by—on seeing them I became alarmed, and tried to pull him into Mr. Golding's shop, one door of which was open and the other closed—we both fell into the shop together, and I, falling on the prisoner, made his nose bleed—I immediately got up with him under me, endeavouring to pull him into the shop, his legs being outside, and the persons outside pulled him by the legs, and pulled him outside, me and all—when we got outside he said he would go with me to the person he bought the coat of—I said be should not go any farther till I had the coat off his back—he tried to take it off, but one or two round him persuaded him not—I said I would go no farther till he took it off—he then took it off, and I took it from him—he then said he would go with me to the person he bought it of—on getting possession of the coat, I was in the act of putting it across my arm, when he ran away—a path was immediately cleared by those around him for him to effect his escape—I was immediately knocked down, that I should not run after him—while down
I felt somebody pulling at the coat—I got up and endeavoured to run after him again—I did not run far before I was tripped up—I got up again, and ran a little way—my hat was knocked off, und a silk handkerchief and gloves in it—I took up my hat and handkerchief, but not my gloves—I was completely hemmed in by a round ring, and could not get out—I darted at last through their legs—I was again tripped up, and by that time I lost sight of the prisoner—I ran in the direction he went, and saw him running up what, I believe, was Nichol-street—I ran after him, and heard footsteps behind me again—I turned round, and saw a young man in a smock-frock, and a person behind him told him to trip me up—I kept before him, and overtook the prisoner turning into a court—in the middle of the court a gentleman, coming in the opposite direction, caught him by the collar—I came up and told the gentleman to hold him fast—he said he would—that it was all right, he was a headborough—the prisoner said he was not the person that was wanted—I am sure he is the person I took the coat from—his nose was bleeding at the time—the headborough tried to get him into Shoreditch, but he laid down and would not come—one young man in the court told me I had got my coat, what did I want more—I told the headborough to hold him while I ran for a policeman—when I returned within a hundred yards of where I left him, I saw him running again, having got away from the headborough—I, the policeman, and others pursued him—he turned up a street, and was ultimately secured by the policeman—we had lost sight of him in the pursuit—I saw him next at the station-house in about half-an-hour—I am sure he is the person from whom I took the coat—the policeman has the coat.
Cross-examined by MR. DOANE. Q. In what room of your house was the coat? A. In the front shop, where I sleep—I did not notice it the next morning—I missed it at ten o'clock, when I was dressing myself to go out—it was the coat I usually wore when out, but not at home—I got up about a quarter to eight o'clock—I went to the shop door, and saw a person named Rush—it was ten o'clock when I went to the door—I heard the church bells going, and went to get my coat at half-past ten o'clock, and it was gone—I had been out of the shop two or three times—two boys assist me to mind the shop—I left them in charge of it when I went out—I had left the shop between a quarter to ten and ten o'clock—immediately on my return from cleaning my father's horse, I missed the coat on going to dress myself—it must have been taken that morning—I saw Rush at the door soon after eight o'clock—after missing the coat I went to make inquiry at the pawnbroker's, and saw Rush in Shoreditch in company—I suspected him, and followed him and his companion—after following them some time, I saw the prisoner for the first time that day—Rush is the person that halted and spoke to the prisoner—it was Rush who attempted to rescue the prisoner—Rush tripped me up, and be was taken and committed for trial, but the bill was thrown out—when I saw him near my door, I do not know that any other persons were near, as ours is a corner house—I did not go round the corner to see.
MICHAEL MAYO. I am a policeman. On the 26th, I was on duty in Shoreditch—the prosecutor came to me—I went with him, and saw the prisoner running down Old Nichol-street—w eran after him—I afterwards found he had run down a cellar, and got out into a back yard, where I secured him, as he was getting over the paling—I told him he was wanted
for felony—he said he had not stolen the coat—I asked him at the station-house how he got the coat—he said, he had bought it for 12s. next door to Shoreditch church—I said I would soon find that out—then he said he bought it in Austin-street, and afterwards at the back of Shoreditch church, in Newcastle-street—I took possession of the coat—I found a silk handkerchief in the prisoner's bosom—he said that had nothing to do with the coat, it was his own property—I took possession of the handkerchief—when Pearson came in to make the charge against him, he said he bought the coat wrapped up in the handkerchief—I am not positive whether Pearson had said any thing about the handkerchief then—at another time he said he had bought the coat, and found the handkerchief in the pocket of it.
MR. DOANE called
ANN SAY. I am the prisoner's mother, and live in Prospect-place, Whitecross-street—my husband is a bricklayer. The prisoner was lodging with me on the 26th of December last—he went out about ten o'clock that morning—St. Luke's church clock struck ten as he went out and shut the door—I was in the back yard at the time—he was allowed to go out by my husband that day for a holiday, being boxing-day—he had been working regularly up to Christmas-day, and never left home—he had not been at work that morning—he had his breakfast, washed himself, and went out to go to his brother's—he got up about half-past nine o'clock, as near as I can guess—my husband was at work that morning—he went out a quarter before seven o'clock—the prisoner was in bed then—he got up about eight o'clock to breakfast, dressed himself, remained there till ten o'clock, and never went out till then—he was up stairs by the fire—I have five children besides the prisoner—the eldest is twenty-one years of age—he is married, and was at his own house—the next is a girl twenty years of age, at service—the prisoner is the eldest that lives with me—the next is a girl aged sixteen—she was at home that morning—I have three at home—the next is seven years, and the other four years of age—my son was dressed as he is now, when he went out; in his waistcoat sleeves—he works with his father, at Mr. Griffiths's, in London Wall, as a bricklayer—he is learning the trade with his father.
First Jury, before Mr. Recorder.
GUILTY.Aged 40.— Transported for Seven Years
484. AMOS HAMMOND and SUSAN HAMMOND were indicted for feloniously breaking and entering the dwelling-house of Charles Perry, en the 30th of December, at St. Mary, Islington, and stealing therein, 1 gown, value 3s.; 1 shawl, value 8s.; 1 shift, value 2s.; 2 aprons, value 8d.; 1 crown-piece, 5 half-crowns, 60 pence, and 96 halfpence, his property.
FRANCES PERRY. I am the wife of Charles Perry, and live in a yard leading out of Thornhill-street, Pentonville, in the parish of St. Mary, Islington—we rent it of our landlord, who lives in Thornhill-street—it is
distinct from his house—the yard belongs to our house—we occupy the premises alone, and sleep there. On Monday, the 30th of December, I went out about half-past seven o'clock in the morning, leaving nobody in the house—my husband left before—I shut the outer door, locked it, and left the key in the door outside—there is an inner door, which I left shut, but that has no fastening—I returned a little before eight o'clock, found the outer and inner doors open, and missed the property stated, which is worth about 30s., besides the money—I have since seen a piece of cotton print, which is part of what was taken.
ELEANOR PUGH. I am the wife of Joseph Pugh, of Southamptonterrace, Islington. On the morning of the 30th of December I went to the prosecutor's house about twenty minutes to eight o'clock, and found both doors open—the male prisoner was standing inside the outer door—he said he wanted a light—I asked him where Mrs. Perry was, as I wanted some milk—he said, "She is down stairs"—I knocked with my foot for her to come up, and he said, "She is gone up the street with the milk"—she carries milk about—the male prisoner then got a light with a bit of paper, and went down the ladder into his own house—he went right through the house, which would lead him into Thornhill-street—he lives at No. 1, Thornhill-street—he went in there with a lighted paper in his hand.
WILLIAM STEWART. I live at No. 2, Thornhill-street. On the morning of the 30th of December, at a quarter before eight o'clock, I went to the back of Perry's premises, and called out "Milk"—I received no answer—I waited about five minutes, then went to the street-door, and was looking about for another milkman, and saw the female prisoner at the gate—she said Mrs. Perry was not at home—she was at Mr. Perry's gate, but not inside it—the gate was shut, but the little door which leads through the gate of the yard was open—it is a smaller gate, and a larger one—she was standing opposite the open part—there are two entrances to the house—this was at the back of the house.
Susan Hammond. I never looked towards you, nor spoke to you, but saw you in the door talking to a boy with a paper cap on. Witness. There was no little boy there.
FRANCES PERRY re-examined. I went out at the gate the witness speaks of—you go down a yard from the gate to the house—there is then a door, and then an inner door—I have no back-door to the house—Stewart must mean the prisoner went through his own house—he lodges up stain, and has to go through a passage—his house has no connexion with ours—he does not go through our passage to his house, but through his own passage.
ELEANOR PUGH re-examined. The place is like a large shed with two rooms, an outer one, and an inner one, and the prisoner's back yard comes opposite the prosecutor's premises—it is like a large factory—if you go right through the prisoner's house the yard communicates with their place—the back door of the prisoners' place was open, and be went through his own house down some steps, and right through the back-door—it is a step ladder which takes up to their place—the steps lead from Mrs. Perry's door—he came out of the door he went in at.
JOHN VIVIAN. I was a publican. I saw the prisoners together on Monday, the 30th of December, between nine and ten o'clock in the morning—the female prisoner asked me if I would take 10s. worth of copper of her—they had half a quartern of rum, and went away—I saw no
more of them—I lived at No. 47, Farringdon-street, at that time—I do not know where Thornhill-street is—I gave them silver for the copper.
STEPHEN WHITAKER. I live with my father, who is a pawnbroker, in Long-lane, City. I have a piece of cotton-print which is the wrapper of a whittle, pawned on the 1st of January for 4s. by the female prisoner.
RICHARD BRADSHAW. I am a policeman. I went to No. 1 Thornhillstreet, about eleven o'clock on Monday night, the 30th of December—the male prisoner opened the door—I said, "Is your name Hammond? "—he said, "Yes"—I said, "I want you for a robbery"—he said, "A robbery, where? "—I said, "Where you went for a light this morning"—he said, "I never went for a light any where, where is it? "—I said, "Over at the milk-shop"—he said, "I never was there for a light"—"Yes, yes, " said he, "on Friday morning, but not before"—I found a box of Congreve matches on his shelf—I said, "Why go for a light when you have matches? "—the female followed him to the station-house, and he said to her, "When did you buy the matches? "—she said, "Saturday"—he said, "On Saturday, before I bought the matches, I got the light"—I have inquired, and believe the prisoners are not related to each other.
Susan Hammond. He said, "When did you buy the box? "—I said, "On Saturday, " and I left them on the stove to dry, and they all caught light"—I never bought any lucifers until Monday night—I took them down and showed them to the landlord's daughter.
Amos Hammond. He told the Magistrate I bought them on Saturday night, and that I changed 6d. to see where the prosecutor's money was. Witness. He said he changed 6d. one morning, and then he saw where the money was—he came for a halfpennyworth of milk—he said at the house that he went on Friday for a light, but when he asked the woman when he bought the lucifers, she said, "Saturday, " and he said, "That is right—I went for the light before that"—he was charged with going there on the Monday.
FRANCES PERRY re-examined. The male prisoner changed a sixpence with me on the Thursday, I think, before the robbery, and I gave him change out of the box—he could see where my copper money was—I took it out so that he could see it.
Amos Hammond. I never changed a sixpence with her—I gave her husband two farthings for the milk. Witness. I am certain he did.
Susan Hammond. He never went but once for milk, because I was ill, and I said, "Go for a farthing's worth"—he said, "No, I will not"—I said, "Look on the shelf, under a tract, and you will find another farthing"? —that was on Saturday—the cotton is my own—I tore it out of an old gown skirt. Witness. He came for a halfpenny worth of milk, and changed a sixpence—I am certain it was on Thursday—I know this piece of cotton, by a band I have pulled off it—it was an old apron—here is the band which matches it—I lost at least 9s. worth of coppers.
AMOS HAMMOND*— GUILTY.Aged 25.
SUSAN HAMMOND*— GUILTY.Aged 20.
✗ Transported for Ten Years
JOSEPH CROSS. I live in Turnmill-street, Clerkenwell. I was in the service of George Cains Coombs, of Cow-cross—on the 6th of January, between eleven and twelve o'clock in the morning, I was in his shop—the prisoner came in, in company with another boy—the prisoner asked Mrs.
Coombs for half-a-quartern of butter, and two pennyworth of bacon—she went to the end of the counter to get some paper to put the bacon in, and the prisoner, while she was gone, took up 1l. worth of silver off the counter, where it stood in a pile, and put it into his pocket—there were fourteen piles of 1l. each—he went towards the door—I went and told my master, who caught hold of him—his companion ran away—I saw my master take 8s. 6d. from him, five pence halfpenny, and a knife—he said he had the silver out of Long-lane—he had an opportunity of shifting the money to the other boy before he ran away, as he was close to him.
Cross-examined by MR. PAYNE. Q. Which pocket did he put the silver into? A. I cannot say exactly—I was standing close to him—he never went out of the shop—master came directly, took him, and searched his pocket—I knew the prisoner before by coming to the shop—I never had any dispute with him—he came to the shop sometimes every day—there was a bag covered over the money—he put his hand under the bag—the silver consisted of four half-crowns and ten shillings—I know that because I had seen mistress put it there—master and mistress were in the shop—the prisoner said he got the money in Long-lane, for a coat that misfitted him—he had come to the shop almost every day for about two months, but I never spoke to him—I had no quarrel with him about a dog—I did not take up a dog belonging to him—he did not ask what I did with it, and I did not say it was not his, and he say it was, nor did I tell him I would match him for it.
CHARLOTTE COOMBS. I am the wife of George Cains Coombs. I had fifteen piles of silver on the counter, and missed one, on Cross giving me information—I had put them there myself, and just counted them before the prisoner came in—I saw my husband search the prisoner, and take from him three half-crowns and one shilling, which he gave to the policeman—the prisoner said he got them at a shop in Long-lane—he had paid me a sixpence for the butter, which came to 3 1/2d.—I had to give him change—while I was gone to get some paper to put the bacon in, he took it.
Cross-examined. Q. How long had the money been there? A. A minute before the prisoner came, I had just counted it, and was going to put it away—I have often seen him at the shop—Cross does not serve behind the counter, but minds the shop, and serves at the window.
GEORGE MADDOX. I am a policeman. I received the prisoner in charge, with the three half-crowns and one shilling, from the prosecutor—the prisoner said he got the silver in Long-lane, from a man, in exchange for a coat which misfitted—he did not tell me at what shop.
MR. PAYNE called
SOLOMON HYAM COHEN. I live at No. 82, Long-lane, West Smith field. The prisoner has been in my shop two or three times—last Monday morning he was at my house—there was a young man with him—I had sold him a coat the previous morning, when two young men were with him, and on Monday morning he came back, and said, if I gave him 7s. for the coat, it was too long in the sleeve, I might have it, and I gave him two halfcrowns and two shillings—it was a short frock-coat—his friends came to me on Monday afternoon, and asked me to sign a specificationof the fact to the Magistrate, and I did write it on one of my printed cards.
COURT. Q. What was the colour of the coat? A. Brown—I have it at home now—I cannot say whether the lad or the young man brought it in
—he wanted me to exchange it for him—he had on, I think, the same dress as he has now—he tried the coat on when he bought it—he said then he thought the sleeves were rather too long, he should have them altered—Long-lane is about three minutes' walk from here—I did not think of bringing the coat here—his friends came and asked me to attend here to state this—a policeman could not fetch it, because I have a private mark on it, and I have so many—I may have a hundred coats in the house altogether—the frock coats are all together—it has black buttons—I think it is a dome gambroon button, similar to what is on my coat, I think—it has not a velvet collar—it has a silk facing down the front—it is a second-hand coat—we have them frequently—I could go with a policeman and find it—I could lay my hand on it in a moment—I think it is marked No. 20—he gave me 10s. for it, but he had worn it on the Sunday—I was very careless about buying it, because on the Sunday he offered me 9s, for it, and I would not take it—he came back in half-an-hour afterwards, and had it—two persons came with him to buy the coat—it was neither of those two that came with him on Monday—(the witness was sent for the coat.)
JOSEPH CROSS re-examined. I was close behind the prisoner in the shop—the money was by the side of the scale on the counter—the prisoner stood by the side of the scale, and I was standing behind him—the pile he took stood three or four inches from the edge of the counter—I saw him distinctly take it, and put it into his pocket—his companion was standing at the door very near all the time—he went to the step of the door, and was close to his companion when he looked at the rashers in the window—I did not notice any thing pass when they stood together—I gave information directly he went to the door—the moment master caught hold of him the other ran off—my mistress had come back with the paper before I told my master—I whispered to him that that boy had put some money in his pocket—he seized him directly, and the other boy ran off—I think the other boy came into the shop—the prisoner was at the other end of the shop when he took the money—he could not hand it to his companion then, but he went down to the other end of the shop by the door, to look at some bacon, and then he was close to him—they were close together for about two minutes—I told directly he went to the door—there was time enough for him to get rid of the money—my master was at the window at the time, cutting bacon to put in the window—my master was close to the prisoner when I told him—I told him before he could ran away, directly he got to the door, directly he was going towards the window I told my master—the other boy was taller than him.
MRS. COOMBS re-examined. I did not notice the second boy, not to know him again—I saw there was a second boy—it was the second boy I gave the change to—they were both in the shop till the prisoner was seized, and then the other ran away—the prisoner asked for the butter and bacon, but the other paid for it—the prisoner went to the window, and then Cross said he had taken the money—I said before that "they"had the change.
SOLOMON HYAM COHEN re-examined. I have brought the coat here now—(produced)—this is the card I sent to the Magistrate—(looking at it)—the prisoner brought the coat back between ten and half-past ten o'clock, I think—I wish to explain about my giving 7s. for the coat—there is a little hole in it which lessens the value of it—it was not there when I sold it to the prisoner.
NEW COURT.—Thursday, January9th, 1840.
Sixth Jury, before Mr. Common Sergeant.
GUILTY.Aged 22.— Confined Six Months
GUILTY.Aged 19.— Confined Three Months
488. JOHN WILLIAMS was indicted for stealing, on the 4th of January, 5 handkerchiefs, value 4s., the goods of Thomas Rose and another.—2nd COUNT, stating them to be 4 yards of printed cotton; to which he pleaded
GUILTY.Aged 55.— Transported for Seven Years
WILLIAM BRACE. I am a baker, living in Farthing-street, Spitalfields. The prisoner was in my service some years ago—I have lost sight of him for three yean—on Christmas-day, as I was going to my bake-house, I saw him going out of the bake-house door—he had no right there—I pursued and brought him back—a boy brought me this box, which was what we used to put money in, and which was empty then, but I had seen it about half-an-hour before, when it contained two half-crowns, one shilling, thirty pence, and forty halfpence—a policeman was called—the prisoner was searched, and no money found on him—it had been scattered about, and picked up by different people—I did not see the prisoner remove any money—the box was not locked—it was on a dresser in the kitchen—he would not know the box, but he could see it from where he was, and might think there was money in it.
WILLIAM SHEPPARD. I saw the prisoner run out of the bake-house with this box under his arm—I ran after him, and picked up the box under Bell-court—I do not know whether it had any money in it then—I saw some coppers by the side of it—I did not call to him—I do not know why he dropped it.
GUILTY.* Aged 33.— Confined One Year
JOHN MARGESUM. I am assistant to Samuel James Nichols, linendraper, Chiswell-street. On the evening of the 2nd of January, at halfpast five o'clock, I was behind the counter, and observed a cloak go off the line in the shop—I jumped over the counter, ran out, and saw the prisoner outside tucking the cloak under his coat—I pursued him to Finsburysquare, and stopped him—he dropped the cloak—I took it up, still followed,
and took him—I lost sight of him for a moment, while he turned the corner of Wilson-street—when I turned, he was in custody—he had a leather cap and apron on when I first saw him, but he dropped the cap in running, and tried to get the apron off, but I am sure he is the person.
Prisoner. Q. Did you see me with the cloak? A. Yes, it was about half-past five o'clock, it was quite light enough to see you.
THOMAS THURLOW. On the evening in question I was passing through Finsbury-square—I saw the prisoner running fast, I ran and caught him—he said, "What do you want? " and the officer came up and took him.
Prisoner. You laid hold of both my hands. Witness. No, I saw you trying to do something to the string of your apron.
GUILTY.Aged 36.— Transported for Seven Years
EDWARD PANNELL. I am shopman to Thomson Webb, of Tottenhamcourt-road. At a quarter-past nine o'clock, on the 30th of December, I was in the shop—a lady passed, and called out something—I went out, and missed a ham from the window—the lady pointed out the prisoner, and I ran after him—I found it under his coat—this is it—it is my master's.
Prisoner. I was in liquor. Witness. He made himself appear to be drunk, but I do not think he was.
GUILTY.Aged 38.—Recommended to mercy by the Jury .— Confined Two Months
WILLIAM RUSHWORTH. I am a batcher, and live in Brick-lane, Spitalfields. On Saturday night, the 28th of December, about half-past eleven o'clock, I was at my shop-door—the prisoner came to the stall-board and took this beef—she ran away, I ran after her—she fell down, I assisted in picking her up, and the beef fell from under her—I picked it up—this is it—(looking at it)—it is mine—her husband it a hard-working man, and I think this was done for drink—they were in distress.
GUILTY.Aged 28.— Confined One Month
493. GEORGE BROWN was indicted for feloniously receiving, of a certain evil-disposed person, on the 15th of November, 1 iron stock, value 18s., the goods of John Spenceley Stevenson; well knowing the same to have been stolen; against the Statute, &c.
MR. BALLANTINE conducted the Prosecution.
JOHN SPENCELEY STEVENSON. I am in the employ of Mr. Stodhart, a piano-forte maker, and live in Frederick-street, Hampstead-road. On the 22nd of November I missed two stocks from my shop—this is one of them—to the best of my belief I saw this safe on the 15th of November—the prisoner had been in the habit of working in our shop twelve months ago—we had a boy named Andrew Johnson in our employ—he has left.
cross-examined by MR. CLARKSON. Q. Was Johnson discharged? A. No, he left on the 10th or 11th of December—he works under his father.
WILLIAM GOFTON. I am a pawnbroker, and live in Gilbert-street, Golden-square. This iron stock was originally pawned on the 16th of November, on the 20th some parties came to look at it, and paid the interest, but who I cannot say—it was never taken out of the house—the prisoner pawned it at first.
494. GEORGE BROWN was againindicted for receiving, of a certain evil-disposed person, on the 12th of December, 1 plane, value 18s., the goods of Edward Hawkes: 1 plane, value 17s., the goods of Andrew Marshall: 2 planes, value 1l. 2s., the goods of John Williams; and 1 saw, value 2s., the goods of George Stevens: well knowing the same to have been stolen; against the Statute, &c.
JOHN WILLIAMS. I am a piano-forte maker, living in Sussex-street, Tottenham Court-road. On the 13th of December I went to Mr. Stodhart's shop, about half-past seven o'clock in the morning—I found my chest had been broken open, and I found two iron planes were missing—I am certain it was locked the night before—Andrew Johnson worked at the next bench to me.
Cross-examined by MR. CLARKSON. Q. The prisoner did not work there? A. No.
ANDREW MARSHALL. I am a workman of Mr. Stodhart's, and live in York-square. On the 13th of December, when I went to the shop in the morning, I missed my iron plane, which I had seen the night before—this is it—it was pawned on the 18th with Williams's.
JOHN LAMBERT. I am a chairmaker, living in Cox's-buildings, Belvidere-road—I work for a person named Ball. I know the prisoner, as apprentice to Mr. Ball—he worked in the same premises as I—I received an iron plane from Dalton, a shopman, on the 14th, which I believe to be this—on the 18th the prisoner came to me in the shop, and asked me to pledge two planes for him, which I did, at Mr. New's, for 8s.—these are them—when the prisoner came three other persons were in the shop—I gave the money to the prisoner with the ticket—I pawned them about tea time—I believe Dulton heard the prisoner ask me to pledge them—I gave
no money to Dalton—I had before received a plane from Dalton, and I pledged it on the 14th, for 5s., and gave the money to Dalton—no one was with him then.
RICHARD DALTON. I am a cabinet-maker, and work for Mr. Ball. I saw the prisoner on the 12th—he said be knew a person who attended shop sales, that had some planes to sell, and he would bring them to me in the morning—on the 13 th he brought four iron planes—these are them—I asked him where he got them from—he said, from a person who was in the habit of attending sales, and he had purchased them for sale—I chose this one—he asked 12s. for it—I said I could not afford to give him more than 11s.—he said he did not think the person who owned the property could afford to sell it for 11s.—I told him to go and ask the person—I said it was not his place to sell the property unless he got further orders from the person, and on the evening of the 18th he carried the tools out of the shop—on the 14th he bought them again, I asked him whether he had seen the owner of the property—he said, yes, and the owner could afford to sell it for 11s. but not a farthing less—I bought this one for 11s. of him—I told him I should be obliged to pledge it on account of wanting the money, and in the evening Lambert was going to the pawnbroker's on an occasion for himself, and I asked him to pawn it for me, which he did, and gave me 5s. and the ticket—I gave the ticket to the officer—the plane I bought is worth about 17s. 6d., and the others from 10s. to 14s. each.
WILLIAM HANWELL. I am a cabinet-maker—I work for Mr. Ball. On the 12th of December the prisoner came to me, and said he knew a young man who had got some iron planes to sell, and he should be able to bring them to the shop the next morning—I asked him who the young man was—he said he was in the habit of attending sales and buying tools—when I went to the shop the next morning he said he had got the planes, and he showed me these four—I bought this one for 5s.—I believe they are sold new for 14s.—I should say this is the worse for wear.
MATTHEW UNDERWOOD (police-constable E98.) On the 26th of December I took the prisoner—I asked if he knew Andrew Johnson (who was at that time in custody)—he said he knew him, but he had not seen him lately—I said, "I am an officer, and have come to take you into custody, I suppose you know what for? "—he made me no answer—I then said, "You must go with me to Marylebone office, and I don't wish you to say any thing to hurt yourself; what you say will most likely go in evidence against you"—he said he should say the same as he should before the Magistrate—I said, "I suppose you know that Andrew Johnson is locked up about some tools? "—he said, yes, his father had told him of it—he then said Johnson had given him the tools, that he was to make what he could bf them, and he was to have part of the money—he did not mention what sort of tools to me, nor I to him—I found on him a duplicate for two planes—I then went back and searched his work-bench, and on it I found this saw, which has been identified—when I found the duplicate on the prisoner, I said, "This is in Lambert's name"—he said, yes, as Lambert was in the habit of going to Mr. Newth's, he thought he would get more on them than he could.
495. ELIZA EDWARDS was indicted for stealing, on the 28th of December, 1 piece of handkerchiefs, value 1l. 8s., and 10 handkerchiefs, value 2l., the goods of John Crowther Drew; and that she had been before convicted of felony.
WILLIAM HARRIS. I am shopman to Mr. John Crowther Drew, of Burlington Arcade. On the 28th of December, at half-past eight o'clock in the evening, the prisoner came to the shop accompanied by a young man, who asked for some silk handkerchiefs—I showed them some—I had reason to suspect the young man from his coming to the shop before—he held up one of the handkerchiefs, and I observed him move some handkerchiefs towards the prisoner, and she put them under her clothes—my employer then came into the shop, and I requested him to c✗l an officer—the prisoner and the young man were given in charge, but the man got away—I never lost sight of the prisoner—she tried to get away, but I prevented her, and she went back to the counter, dropped the handkerchiefs, and said, "There are the handkerchiefs"—I had not then said any thing about handkerchiefs.
Prisoner. Q. Did not two females come down the stairs and say, "Now you have got the thief, " when you and your master were standing talking to me? A. They were my employer's wife and her mother—they came, hearing the cry of "Stop thief."
Prisoner. This witness came round and told his master, and then the young man ran out—the beadle met him and brought him back—if I had dropped these they must have seen me. Witness. I saw her take them—the young man was brought back, but he escaped in his way to the stationhouse.
THOMAS TYSON. I am an officer of the Arcade. I was called, and the man ran into my arms when he ran out of the shop, and the prosecutor was behind him—I took him back to the shop—the prosecutor shut the door and said, "I want you to take these two in charge"—I cast my eyes toward the prisoner, and under her cloak was the corner of a handkerchief—I pushed her on one side, and found these handkerchiefs, which I produce.
Prisoner. Q. Where was I standing? A. About a yard from the counter—I pushed you on one side, and there were these things.
Prisoner. I throw myself on the mercy of the Court for the lake of my husband and child—I am innocent—I have not the least fear of my employers taking me back, the moment it may please your Lordship to liberate me.
GUILTY.Aged 21.— Transported for Seven Years
THOMAS JONES. I am a grocer, and live in Tottenham Court-road. The prisoner was in my service—in consequence of some circumstances I marked several penny-pieces, and some farthings which were in packets, and placed the packets where they were before, on a shelf behind the counter—on the 23rd of December I missed some of them, as I had done before, but I let things remain as they were till the 28th of December, when I called the prisoner up stairs and told him I had an unpleasant business to perform, that I had been missing some coppers from the shop, and if he was an honest man he would have no objection to let me see what was in his box—he said, "Certainly not"—I said, "Open the box"—I believe it
was not locked—he did so, and pulled out several articles of wearing apparel—at last, as he took out one waistcoat, it knocked heavy against the side of the box—I took hold of it, and took out of the pocket of it 48 farthings, wrapped in this blue paper, which has my private mark on it—I had lost a great many such blue packets, containing 48 farthings, and two of the farthings in it have the private mark which I put on them—I can swear these two are part of mine—I asked the prisoner how they came there—he said he knew not—he knew nothing about them—I said, "I can swear to the paper and to two of the farthings inside"—he said he took the waistcoat down stairs a day or two before Christmas-day to ask the servant to mend it for him, and he supposed some one had put the farthings into his pocket—I said he knew the servant had no access to the coppers, and I did not see how she could do it—I then told him I missed some 5s. papers of coppers—he said he knew nothing about them—I said, "Be cautious what you say, I know more than you are are aware of—where are my halfpence? "—he said he knew nothing about them—I said, "I don't believe that, because several packets are gone"—he said, "There is only one gone"—I said, "Yes, I know more are gone"—he then said, "There were but two"—I said again, "Where are my halfpence? "—he said, "There were not three, for one was not full"—I said, "Where are they? "—he said, "I spent them on Christmas-day to buy things for use"—(I had before that spoken to a policeman, who was opposite in the road)—I said it was my duty to put him in charge—he said he would forfeit his wages if I would not put him in charge—I said I considered it my duty so to do, and by a signal the officer came in and took him.
Cross-examined by MR. ROE. Q. Have you any other shopman? A. Yes, a shopman, a porter, and a boy—they all had access to my counter—the room I took the prisoner to was his sleeping-room, at the top of the house—they all slept in that room—I called him up from behind the counter, and walked up stairs with him—there is no lock on the bed-room door—he came into my employ on the 6th of December—he pulled out several things before he pulled out this velvet waistcoat—the box was nearly full—I do not believe he asked me to open the box—I will not swear that he did not—I do not believe there was a lock on it—there was no lock on it when the policeman came up—I found nothing else belonging to me—there was a pair of stockings and a collar belonging to the shopman, they were on the top of this small box, which was at the bottom of his box, and in this small box was a quantity of stationary—I had not been in that bed-room previously that day—I had before said to my shopmen that I thought all was not right, but they knew nothing of the particulars—I did not tell them that I had lost some farthings, or that I had lost any money—I did not allude to the halfpence at all—I did not tell him not to tell me a story about the half-pence—I told him to be cautious—I wanted to know the truth—I did not tell him it would be better to tell the truth—I told him to be cautious how he answered—I attend a place of worship, but I do not accustom my servants to go with me to church—they are at liberty to go where they please—I did not at first tell the prisoner that I had marked these farthings—I did not mark both these farthings alike—they were marked on the Friday or Saturday before Christmas day—the mark I put on the paper is a letter which I use as a private mark for one shilling, and the word farthing in short-hand under it—when I marked the farthings there were three or four packets of them—I called
the prisoner up stairs in order to discharge him, as that was the last day according to agreement, that he was to be in my service—a gentleman and lady called on me who represented themselves as his parents—the prisoner did not afterwards ask me to keep my word with him—I told him I would give him in charge all along—he did not ask me to say nothing more about it—he did not tell me not to go any further, not to expose him—not a word of that sort passed—I am sure of that—he begged of me not to put him in charge, or it would expose him.
JEFFERY MAHONEY (police-constable E63.) I was called, and took the prisoner—I have the farthings—a servant girl came up stairs as the prisoner was going down, and he said to her, "Did you put any farthings into my pocket? " she said, "No."
Cross-examined. Q. Did you go up stairs and search the prisoner's box? A. Yes—there was a padlock to the box, but I do not think it could be locked—I searched the box—there were several things in it—I found a pair of stockings in it, and some stationary in this small box—I found 16*s. 4d. in silver in the box, and 2 1/2d. in coppers, scattered all over the box, and three shillings and a farthing on the prisoner at the stationhouse.
(The prisoner received a good character.)
GU1LTY.Aged 21.—Recommended to mercy by the Jury .— Confined Six Months.
497. WILLIAM HELLIWELL was indicted for stealing, on the 20th of December, 4 hammers, value 5s.; 3lbs, weight of tallow, value 1s. 6d.; 1 quart of oil, value 8d.; 1 axe, value 3s.; 5lbs. weight of candles, value 3s.; 20 boxes of matches, value 1s.; 7lbs. weight of emery, value 1s.; 141bs. weight of hone-hair, value 9s.; 8lbs. weight of flax, value 6s.; 1 pair of pincers, value 1s. 6d.; 2 flies, value 2s.; 1 chisel, value 1s.; 2 brushes, value 4s.; 3 straps, value 7s.; 1lb. weight of glue, value 7d.; 1 1/2lb. weight of chrome, value 1s.; 91bs. weight of nails, value 5s. 3 lamps, value 7s. 31 hooks, value 1s. 11 sheets of sand-paper, value 1s. 31bs. weight of iron, value 1s. 4 yards of serge, value 6s.; 1lb. weight of twine, value 1s.; 2 brooms, value 4s.; 1 set of fire-irons, value 5s. 2 brass rods, value 1s.; 1 lamp-burner, value 1s.; and 1 reflector, value d.—also, on the 1st of January, 100 nails, value 3d.; the goods of the London and Birmingham Railway Company, his masters; to which he pleaded
GUILTY.Aged 37.— Transported for Seven Years
CHARLES OLIVE. I live with Mr.Hutchins, a painter in Mortimer-street, Cavendish-square. On the 1st of January, about twelve o'clock, I saw Mr. Thomas Potts's cart coming up to deliver some oil, and the carter threw a horse-cloth on the horse—I saw the prisoner come and take it off—he put it under his coat, and went across the road—I told the carman, who went after the prisoner, and he was taken.
JOSEPH PEER. I am carman to Mr. Thomas Potts, of Queen-street. I put the cloth on the horse—I was informed of this, and overtook the prisoner in Mortimer-street, with the cloth under his arm—I gave him in charge—this cloth is my master's.
soner's conviction from Mr. Clark's office—(read)—the prisoner is the man who was convicted.
Prisoner's Defence. I was very much intoxicated.
GUILTY.Aged 24.— Transported for Seven Years
CHARLES SPRAKE. I keep the Duke of Clarence public-house in Munster-street, Regent's-park—I have lost several spoons—I know both the prisoners, by coming to my house—the man has attended my house daily for the last two years up to within the last three or four weeks—the silver spoon now produced is mine.
Cross-examined by MR. PHILLIPS Q. How do you know it? A. By the initials, "W. M. G."—I formerly kept the Green Man and Still publichouse—I purchased the plate there from William and Mary Goldsworthy, and for the last four or five months this spoon has been nearly in half.
JOHN WELLS (police-constable E137.) About five o'clock in the morning, on the 10th of December, I went, with two other officers, to a house in Church-court—I watched outside, and I saw the male prisoner come to the window and throw something out—I went to the spot, and found this spoon, which I now produce—the other officers were just then breaking in at the door.
Cross-examined. Q. Are the other officers here? A. One of them is—he could not see this thrown out, as he was in the house—I cannot swear it was this spoon which was thrown out, but there was nothing else there—it was not day-light—there was nothing near the place but this spoon.
STEPHEN THORNTON. I went with Welfs and Coleman to the prisoners' house, on the morning of the 10th of December, about five, o'clock—we knocked at the door—they refused to let us in—we broke a panel, and then the male prisoner let us in.
HARDY— GUILTY.Aged 22.— Confined Three Months
CLAYTON— NOT GUILTY.
HENRY BARGE EDWARDS. I live in Great James-street, Lisson-grove, and am a grocer. On the 28th of December, about two o'clock, I was packing up 5l. packages of silver—the prisoner came to the counter, and asked for something—I turned my head to speak to my young man, and missed one of my 5l. packages, containing the half-crowns, shillings, sixpences, and groats mentioned—I reached over the counter, and asked the prisoner what he had done with it—he said he knew nothing of it—I desired my young man to call a policeman, and then the prisoner said, if I would not tell his father, he would give it me, for his father would beat him—he produced the package from the sleeve of his jacket.
GUILTY.Aged 11.— Transported for Seven Years
GEORGE GREEN (police-constable H139.) About one o'clock in the morning, on the 3rd of January, I was in Old Montague-street, Whitechapel—I saw the prisoner, with something under her arm—I found one of these pots on her, and one fell from her—she was not drunk.
Prisoner's Defence. I was rather intoxicated.
GUILTY.Aged 28.— Confined One Month
ELIZABETH FOSTER. I live with my father, Samuel Foster, in Mileend-road—he is a boot and shoe-maker. About half-past two o'clock on the 6th of January, the prisoner came for a pair of leather laces—I said I had not got any—he went away, and came back in about ten minutes, and I saw him going out of the shopwith the shoes in his hand—he was brought back in about ten minutes, but he had dropped the shoes, and they were brought back—I had seen them safe about nine o'clock in the morning.
JOHN LOVE. I heard a cry of "Stop thief, " and saw the prisoner turning down White Horse-lane—I followed him—he ran into Lamb and Lion-passage—we went in there, and found him in a water-closet—we brought him back—he said a man said he would give him a shilling to go and take the shoes.
Prisoner's Defence. I had been to carry a parcel to the railway, and a man said he would give me a shilling to go and get these shoes, which he had paid for, and they would not let him have them.
GUILTY.Aged 16.— Confined Three Months
JOHN BALDIE. I live with my father, William Baldie, a baker, in Frith-street, Soho. On the 30th of December I was in the yard, and saw a man in the shop, but as I knew my sister was in the parlour, I did not interfere—I then saw the prisoner walking out with a basket of biscuit and two loaves, which were my father's—I followed, and as I got outside I saw two young men with the prisoner—they covered the basket over with a dirty cloth, and the prisoner put it down—I took hold of him, and he said, "What do you lay hold of me for? "—I told him I knew what for, and I took him to the shop—I called my sister to take care of the biscuits—I am sure he is the person who took them out.
Prisoner's Defence. I was walking by, and he came and said I took the biscuits.
GUILTY.* Aged 17.— Transported for Seven Years
504. JAMES THOMPSON and JOHN JONES were indicted for stealing, on the 23rd of December, 1 purse, value 2s.; 7 sovereigns, 5 half-sovereigns, 8 shillings, 2 sixpences, and 1 30l. note; the property of John Wells, from the person of Jane Wells.
MR. CLARKSON conducted the Prosecution.
JANE WELLS. I am the wife of John Wells, a pawnbroker, in London, and live in Upper Phillimore-place, Kensington. On Monday, the 23rd of December, between two and three o'clock in the afternoon, I was with my husband in Piccadilly—I had received a cheque from him, and I had in exchange for it at the bankers a 30l. note, and I had 9l. 10s.in gold, and eight shillings and two sixpences in silver—the gold consisted of sovereigns and half-sovereigns—I placed the note with the gold in my purse in the front part of my pocket, which hung by my side—it forms a part of my under petticoat—there is a pocket-hole in the pocket, and also in my top petticoat, which is over the petticoat of which the pocket forms a part—I had the same gown on as I have now—it has a pocket-hole in it near the opening of my petticoat, but rather more forward—I had a large shawl on—it was a dirty day—I got into Hardwick's omnibus—I went with my husband from the bankers to Piccadilly—the omnibus overtook us—we required seats, and there was only one—I got in, and I was told my husband might be accommodated if he would walk on to Bond-street—when I got in the two prisoners were there—there was a vacancy between them, which I occupied—I rode on to Bond-street—two persons there got out, and my husband was taken up at the White Horse Cellar, and also a lad—my husband made an observation, and said, "Am I to sit here? " which was a place between the prisoner on my left hand and the door—the prisoner Jones said, "There is no other place"—Thompson was on my right, and Jones on my left—on my husband getting in, the conductor asked if any one wished to get out before we got to Kensington—no answer was gives—the conductor got on the box, and the omnibus went on—between Hydepark-corner and Knightsbridge I felt my pocket move—I looked at the prisoner on my right hand, putting my hand down towards my pocket—(as I came from the bankers I took my dress and my pocket, which had my purse in, in my hand, and when I got in the omnibus I took up the other side of my dress, but still having my gown and purse in my hand—I am quite positive I had my purse when I got in)—when I looked round st✗d fastly at Thompson, he was looking straight forwards—I thought from his appearance I might be mistaken, and that the jolting of the omnibus moved him against me—we went on to Sloane-street, and there Jones called to the conductor to get out, and at the same time Thompson got up, and went out—I thought that he had picked my pocket—I felt in my pocket, and my purse was gone—no one could have got at my pocket but the person on my right—I looked which way Thompson went—I said to my husband, "My pocket is picked"—he said, "Be sure"—I said, "I am robbed my purse is gone"—we stopped the omnibus, jumped out instantly, and went in the direction I had seen Thompson go, which was towards the corner of Charles-street, which runs towards Belgrave-square—my husband followed immediately, and a policeman came up to me—I told him what had happened—he went the way I told him—he returned, and could see nobody—I was looking about there for a very short time—I walked towards London with my husband, and determined on going to the bankers-after walking some distance we crossed the road to make further inquiries, and I had scarcely set my foot on the pavement, before I saw Thompson getting into a cabopposite the Fox and Bull public-house—the horse's head was towards London—I said, "There is the man that robbed me, " and we stopped the cab—my husband went to the cabdoor, and both the prisoners
were seated in the cab—my husband said, "You got out of the omnibus just now"—Thompson replied, "What if I did? " in a hesitating and confused voice—my husband said, "You have robbed my wife"—Jones opened the other cabdoor, ran out, and my husband after him, crying "Stop thief "—Thompson came out, and I followed him, crying "Stop thief"—he ran into Lowndes-square—I ran, and never lost sight of him till we got to the farther end of the square, and he was taken I think in not more than a minute—on seeing him I had no doubt of him—I saw Jones in custody of a policeman at the corner of Sloane-street, and I had no doubt of him.
Cross-examined by MR. PHILLIPS. Q. How many persons were in this omnibus? A. It was full when I got in—I did not count—there was one female in it—there might be more—I cannot say whether two men got out at Bond-street—there were two persons got out, because there was room for two afterwards—I cannot positively swear I saw them get out—they might be two men that got out—I got in exactly opposite Windham's, the coach-maker's in Piccadilly, and the people got out at Bond-street—I should not think we were five minutes going from there—it was after those people got out that I felt my pocket touched—I put my hand down to my pocket, but not into my pocket—I did not feel whether my purse was safe—I did not say any thing to Thompson—there were persons immediately opposite me in the omnibus—Thompson got out about Sloanestreet, which is a quarter of a mile beyond Hyde Park-corner—Jones sat on the other side of me, not the side from whence I lost my purse—when first I got in, the window was open behind one—I shut it, and Jones put his hand and closed it—the horses went off rather suddenly, and that threw me over a little towards Jones—I had been walking with Mr. Wells from the banker's at the corner of the Haymarket to Piccadilly—I took my husband's right arm, holding my dress and pocket with my right hand—it was dirty, and raining fast—I took my gown up to avoid the dirt—I felt my pocket touched between Hyde Park-corner and Knightsbridge—a very short time elapsed between that and Thompson's getting out—I think not five minutes—it was not ten minutes—I had my pocket-handkerchief in my pocket with my purse, and a pair of spectacles, a pencil-case, a penknife, and some keys on a ring, but I put my purse In last, and at the front corner of my pocket—I did not put my hand into my pocket after I got in—my pocket was not cut, or any thing of that kind—Jones called to the conductor to stop, and the conductor said he had asked the question before whether any person would get out—I cannot say if it was the language of complaint that Jones used when he spoke—my husband was between him and the door, and, I think, another person, but I am not certain—Jones leaned out of the door of the omnibus, and called the conductor—there was a man and a little boy in front of me—I do not remember any female sitting in front of me—this was between one and two o'clock in the day—the only thing that attracted my attention to Jones was his shutting the window.
MR. CLARKSON. Q. You had your keys and handkerchief in your pocket? A. Yes—nothing was taken but my purse and money—it must have been done with considerable art and cunning.
JOHN WELLS. I am the husband of the last witness. I went with her to the omnibus in Piccadilly—she got in without me, and I got in at the White Horse Cellar—we rode on to Knightsbridge—the two prisoners
were in the omnibus, and my wife sat between them—when we came to Sloane-street, the omnibus stopped by Jones's direction—he got out, and Thompson followed him immediately—my wife made a communication to me—we quitted the omnibus—after some time I saw a cab, and the two prisoners in it, at the Fox and Bull public-house—I went up and said to them, "You are the men that were in the omnibus"—Thompson said, "What if I was"—Jones then ran out—I followed him to William-street, and over Sloane-street—he was stopped—I came up and took hold of him—I am certain he is the man.
Cross-examined by MR. PAYNE. Q. What are you? A. A pawnbroker—I went with my wife to Ransom's, the banker's, in Pall Mall East—we did not cross over—we turned round the corner, and walked up the Haymarket—my wife had hold of my right arm—I was nearest the road—we went on the left-hand side of Piccadilly—I still kept walking in the same way—my wife was not next the wail then—when I spoke to the prisoners I spoke loud, and said, "You have robbed my wife"—my wife did not speak to them—immediately I spoke, one of them ran away, and I after him, so what my wife said I do not know—I did not see the persons get out at the corner of Bond-street—it was a quarter of an hour, or rather better, from the time of our getting out of the omnibus till we saw the prisoners in the cab—I did not see them come out of the Fox and Bull public-house.
THOMAS PEEVER. I am clerk to a wine-merchant, in William-street, Knightsbridge. I was in my master's counting-house on the afternoon of the 23rd of December, and I heard a cry of "Stop thief"—I looked out and saw Jones running up the street, followed by Mr. Wells—I ran and took him—he had crossed Sloane-street, and got into Ann's-place—he had a Macintosh cloak hanging on his arm—I brought him back, and he was given in charge.
HENRY BRITTON. I am a shoemaker, and live in Phoenix-street, Knightsbridge. On the 23rd of December I was standing at Mr. Kingdon's door, and I saw Mr. and Mrs. Wells going to a cab, which was Hear—as soon as they did so the two prisoners came out of it—Mr. Wells pursued one, and Mrs. Wells the other—I joined, and Thompson dropped a piece of paper—I did not stop to pick it up—I went on in pursuit, and the prisoners separated after a little distance—I went in pursuit of Jones, and saw Peever stop him.
Cross-examined by MR. PHILLIPS. Q. You saw Thompson drop a piece of paper? A. Yes, I saw a labouring boy pick it up—he was about four rods from me.
COURT. Q. Have you been able to find out who that boy was? A. No—the case was adjourned for a fortnight to find him.
MR. CLARKSON. Q. Do you think you should know him again if he was produced as a witness? A. I dare say I should.
JOHN ALLEN. I am a baker, and live in Pound-street. I was in Lowndes-square on this afternoon, and met the prisoner Thompson running—just as he came to me he cried out, "Don't stop me"—as soon as he passed, Mrs. Wells came up—she was running after him in distress, and crying "Stop thief "—I assisted in pursuit, and stopped him at the bottom of Morton-street—he was brought back to Sloane-street, and given to the policeman.
ber, Mrs. Wells told me she had been robbed, and in about twenty minutes after that I received charge of Jones in Lowndes-square—I found six sovereigns and twelve half-sovereigns in one of his waistcoat pockets, in his other waistcoat pocket, a silver watch, and in his trowsers' pocket two half-crowns, one shilling, two sixpences, a silver pencil-case, and three keys—while I was there, Thompson was brought up—I found two sovereigns in his trowsers' pocket, and some silver, and among it six half-crowns.
Cross-examined by MR. PHILLIPS. Q. How much did you find on Jones? A. 12l. 5s. 1/2d.
MRS. WELLS.I am certain I had as many as five half-sovereigns—I had not ten.
FRANCIS HEWITT. I keep the Adam and Eve public-house, at Kensington. On the 23rd of December, I got into Hard wick's omnibus, which stopped at the corner of Hungerford-street, Strand—Thompson got in—soon after he got in he came to the door and beckoned to the other prisoner, who was opposite, who got in—after that Mrs. Wells got in, and took her seat between them—when we came to Sloane-street the prisoners got out, and Mr. and Mrs. Wells followed.
Cross-examined by MR. PHILLIPS. Q. Were you in the omnibus yourself? A. Yes, I went from Ludgate-hill to Kensington, the whole way—I cannot say how often we stopped letting people in and out—they stopped most often between Hungerford-street and Piccadilly, or from there to Kensington—I should think it stopped about three times from the corner of Piccadilly to Kensington—the two prisoners and myself got out at Kensington—I do not recollect any more—I do not recollect two people getting out; yes, three got out at Hyde Park Corner—two of them had sat on my right hand, and one on ray left—one was a young man about twenty-two years of age, full grown, and a gentleman above sixty years of age—none of them had to pass Mrs. Wells in going out—that I swear—Mrs. Wells was about four seats up the omnibus—the side holds six or seven persons—if any of the others sat above her, they must have passed her—nothing attracted my attention in the omnibus—it was broad day-light, and the jolting and jumbling of the omnibus knocks the people together when they are coming in and out.
MR. CLARKSON. Q. You did not feel any thing touch your pocket? A. No, one person got out, and Mrs. Wells got in—it was full when she got in—it stopped at Bond-street, and the White Horse Cellar, and Sloane-street.
JURY. Q. Which of the prisoners sat on the right-side of Mrs. Wells? A. Thompson.
JOHN HARDWICK. I am proprietor and conductor of this omnibus. I remember Thompson being in it on the 23rd of December—I am not so certain of the other prisoner'—I remember their getting out at Knightsbridge—Mrs. Wells go out after them, and complained of being robbed—the prisoners complained of my not being in my place—I made some paltry answer—I had asked before if any one got out before they got to Kensington, and I got no answer—I had no direction from either of them to let them out at Sloane-street.
Cross-examined by MR. PAYNE. Q. How many does your omnibus hold? A. Twelve—Jones sat on the right-side, and Thompson also—I did not notice at one time one of them sitting on one side and one on the other—I sat on the box from the White Horse Cellar—I asked a question and received no answer—my omnibus makes as much noise as the others.
at Knightsbridge. On the 23rd of December, between one and two o'clock, the two prisoners came—they were dressed as they are now—they had cloaks on their arms—they first came into the tap-room, and then went into the parlour—after that they had a pint of porter, some bread and cheese, a glass of gin, and a glass of ale—they remained about ten minutes—one of them went to the back-yard—there is a water-closet there—he was absent three or four minutes—the common sewer rant by the side of it—a person can get up the step and look at it.
cross-examined by MR. PAYNE. Q. How long were they in your public-house? A. They might be about ten minutes or a quarter-of-an-hour—I did not see them all the time—they were in the parlour all the time, except when one went into the back yard.
THOMPSON— GUILTY.Aged 24.
JONES— GUILTY.Aged 28.
✗ Transported for Ten Years
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY.— Whipped and Discharged
GUILTY.— Confined Six Months
507. AMELIA PAYNE was indicted for stealing, on the 23rd of December, 1 handkerchief, value 3s., 3 sovereigns, 2 half-sovereigns, 1 halfcrown, and 1 5l. promissory-note, the property of Henry Cook, from his person.
HENRY COOK. I am a labourer, I live in Yorkshire. I came up to London to buy some onions, and met the prisoner on the 23rd of December, at one o'clock in the morning—she spoke to me first, and asked me to give her a drop of gin—we went to the Three Tuns, public-house, and I gave her a little—I afterwards went with her to a house in West-street, and we went up stairs—I gave her a shilling, and the woman of the house a shilling—I was only to stay a short time—I was on the bed with three prisoner—I had a pocket-book in my waistcoat-pocket, containing three sovereigns, two half-sovereigns, a half-crown, and a 5l. promissory-note—I fell asleep till about seven o'clock—the prisoner was then gone, and another woman came up, awoke me, and said some other persons wanted the bed—I did not seem willing to go, and she pushed me down—when I got to the passage I put my hand to my pocket, and found my money was gone—I saw the prisoner in the lower room with two men—I was pushed out—I went and told the policeman—I lost a handkerchief, which was taken from my hat—the prisoner was taken that morning, and my handkerchief was found on her neck, under her shawl—I never gave it to her—my money and note was gone—I did not take my waistcoat off.
Prisoner. You say you met me in Smithfield, which is false—you did not, and you had been with another female before me, in the early part of the night—you made a remark to me, in Farringdon-street, that Smithfield was a fine place to lose your pocket-book in—you gave me the shilling, and then you gave me the handkerchief, and said you would make it
up to me next time you saw me—you said it was a 5l. note, and then a 10l. note, and now you differ again in your story. Witness. No, I did not—I met her in Smithfield—I had not been with another female—I did not say that Smithfield was a fine place to lose my pocket-book—I did not give her the handkerchief.
JOHN CALE (City police-constable, No, 236.) The prosecutor stated to me that he had been robbed—I went in search of the prisoner—I found her at No. 2, West-street, Smithfield—she had on a shawl, and the handkerchief taken from the prosecutor was taken off her neck at the watchhouse—the end of the handkerchief was visible under the shawl she had over it—I took her in the same house where the prosecutor had been—she was with another woman and two men.
Prisoner's Defence. He was very drunk at the time—I am innocent.
GUILTY.Aged 24.— Transported for Ten Years
ARTHUR COOK.I am the son of Ann Cook, a widow, who carries on the poultry business, in Princes-street, Westminster. I superintend the business—I know the goose and could swear to it—it was safe when I went out in the morning, on the 3rd of January.
RICHARD EDWARDS. I saw a boy take a goose from Mrs. Cook's shop, and give it to the prisoner, who put it under his apron, and ran away—I pursued and took him—I showed the same goose to Arthur Cook, and he owned it—I had seen the prisoner about, a little while before the goose was taken.
GUILTY.Aged 14.— Transported for Seven Years
LAWRENCE STACK. I am a policeman. I was on duty in the Edgeware-road, near the Paddington canal, on the 2nd of. January, about halfpast eleven o'clock, and saw the prisoner—he had another man with him—I desired them to go away, which they did, and returned again—the prisoner had something in a bundle—I asked him what was in it—he said there was nothing that was any harm—I found this live duck in it—I made inquiry, and found the prosecutor—the prisoner was about two miles from the prosecutor's house when I took him.
JAMES SMITH. I am a labourer in the employ of Mr. Henry Bigg, who lives at West End—one of his ducks was missing on the 2nd of January—this is it—I have known the ducks, and fed them, for the last seven months.
Prisoner. Q. What can you tell it by? A. By the marks on it—here is a mark under the throat, and one on the back of the neck.
Prisoner's Defence. There is more than one duck alike—it was given
me by a man who worked on the Birmingham railway—I lent him half-acrown when I worked there.
GUILTY.Aged 23.— Confined One Month
WILLIAM JOWELL. I live at Isleworth, and am a market-gardener. I had this copper outside my shed—I missed it on Christmas-day—I had seen it safe a day or two before—I do not know exactly when it was taken—I know the prisoners used to come backwards and forwards to work—I believe one of them is a painter—this is my copper—(looking at it.)
Nash. Q. Can you swear to it? A. Yes, because my wife told my son to clean it, and he cut the bottom of it with a spade.
WILLIAM MILLS. I am a dealer in marine stores, and live at Hounslow. I bought this copper of the prisoner Nash—a lad came with him, but I do not think it was Harrison—I think he was less than him—I know both the prisoners.
SAMUEL BARBER. I am a parish constable. On the 28th of December I received information of this, and found Harrison—I asked what he knew about the copper—he said Nash stole the copper—I asked him how he knew that—he said he was with him at the time, and he sold it at Mills's, at Hounslow, for 5s. 10d.—I asked how he knew that—he said he was outside at the time—I went and took Nash—I told him what for—he made me no answer.
NASH*— GUILTY.Aged 24.— Transported for Seven Years
HARRISON— GUILTY.Aged 16.
✗ Confined Six Months
511. WILLIAM BUSTIN was indicted for stealing, on the 21st of December, 1 shirt, value 3s.; and 1 neckerchief, value 3d.; the goods of the guardians of the Brentford Union.—2nd COUNT, stating them to be the goods of James Rutland Brown; and that he had been before convicted of felony.
JAMES RUTLAND BROWN. I am governor of the Brentford Union workhouse—the property there is under my care, and I am responsible for it. The prisoner was an inmate of the workhouse for ten weeks, up to the 21st of December—the inmates are required to give three hours' notice of leaving—he gave me notice at nine o'clock on the 21st—I went out, to attend the Magistrates, and when I returned he was gone—on the 22nd the officer told me he had got the prisoner in custody—he found this shirt and handkerchief, which the prisoner had bad on—they are the property of the guardians, and were in my care.
JOHN SHEARMAN. I am a sawyer. I bought this shirt of the prisoner at a public-house at Hanwell—he asked 1s. for it—I said I had but 1s., and I had bought a pint of beer out of it—I gave him 10d. for it—
GUILTY.Aged 23.— Transported for Seven Years
RICHARD ISAAC CALVERT. I live with Mr. William Goodburn, a pawnbroker, at Islington. On the 7th of January, between four and five o'clock in the evening, I was standing behind the counter, and heard a rustle of silk at the door—I looked, and saw the prisoner with this cloak, rolling it up, and making off with it—I went out—a lady told me he had dropped it—the prisoner walked away—I ran and took him, and gave him in charge—this is the cloak—(looking at it.)
Prisoner. Q. Did you see me take it? A. No; I saw you with it in your hand—you were then at the door-post—you were four doors off when I took you—you dropped the cloak before you got half-way past the window.
Prisoner's Defence. I never took it nor saw it.
GUILTY.Aged 30.— Confined One Month
JAMES EARL. I live in Goswell-street. On the 26th of December I was behind the counter in my shop, and heard a noise outside—I ran out, and saw the prisoner on the opposite side of the road—I ran after him up Noble-street—I took him—he threw these trowsers under a cart—they are mine—they have my shop-mark on them—I had teen him carrying them.
Prisoner. Q. You did not see me with them? A. Yes, I saw you carrying them on the opposite side of the road.
Prisoner's Defence. I am innocent—the prosecutor stated twice that he did not see them on me, and at the last bearing he said to saw them on me.
GUILTY.Aged 20.— Transported for Seven Years
THOMAS WILLIAMS. I am a carpenter—the prisoner was my labourer, off and on, for the last three weeks. On the 6th of January, about three o'clock, I gave him three shillings to get three half-inch boards, at Mr. Leonard's, in Store-street, Tottenham Court-road—he returned for 6 1/2d. more, which I gave him—he went away and did not come back—at eight o'clock, when I left work, I went to a public-house in Turnmill-street, and found him in the tap-room intoxicated—he hung down his head, and while I went to tell the officer he tried to escape, but we took him—the person he was to buy the boards of is not here—the prisoner said he had lost 2s. and spent 1s. 6d.
GEORGE MAULE. I was going up High-street, Islington, last night, and saw two boys near the prosecutor's shop—I went on the other side of the shop and watched them—I saw the prisoner take a piece of cheese from the shop—I ran and caught him, and took him to the shop—he flung the cheese down.
Prisoner's Defence. Another boy took it, and chuckedit on the ground for me to take.
GUILTY.Aged 11.—Recommended to mercy .— Confined Five Days
JOB HERRINGHAM. I am a parchment-maker. On the 7th of January, I went to the George Inn, Snow-hill, about three o'clock in the morning—I hung my coat up in the coffee-room, and after taking refreshment I went to bed—the prisoner was in the room when I left it—I got up about ten o'clock in the morning—the prisoner was then gone—I missed my coat—I made inquiries, and went with the officer last night to a lodging in Angel-court, Strand, and found my coat—I had seen the prisoner before—he occasionally used the house—this is my coat—(looking at it)—the shawl and handkerchief were in the pocket.
JURY. Q. Are you sure it was that coat? A. It was a dark coat like this.
GUILTY.Aged 83.— Confined Three Months
WILLIAM JOHN CARLISLE. I am a compositor, and work at the office of the "Mercantile Gazette, " in Crown-court—the prisoner worked in the same office for several months. I lost this composing stick on the 31st of December—I put it in my frame after the day's work—I went to the other end of the room, and when I returned I missed the stick, and the prisoner was gone also, who had been there when I went away—this is my stick—I found it at the pawnbroker's—it is worth 6s. 6d.—I know it by three stars on the back of it, and a notch with a file, and my measuring rule was to the same measure.
Prisoner. I thought after so long an acquaintance he would not do this—I took the stick as I had been out of work, to procure something to eat, and to pay my lodging. Witness. There were twenty-four of us working on the paper, and we subscribed sixpence a week each for him, at he was out of work.
GUILTY.Aged 25.— Confined Six Months
at my pocket—I turned, and the prisoner was near me—I had lost my handkerchief, and I have not seen it since—I challenged the prisoner with it—there was another person four or five yards from him—the prisoner ran and I pursued him—I think it likely he threw the handkerchief to the other person.
WILLIAM LEVINGS. I live with Mr. Thomas Frego, in Charlotte-street, he is a bookseller, and has a stall outside his shop—I saw the prisoner take three books from the stall yesterday—he put them under his jacket and ran away—I ran after him and called "Stop thief"—he threw the books away, and a man stopped him—I had not lost sight of him.
GUILTY.Aged 18.— Confined Three Months
OLD COURT.—Friday, January10th, 1840.
Third Jury, before Mr. Sergeant Arabin.
520. CHARLES WESTWOOD was indicted for feloniously receiving of a certain evil-disposed person, on the 1st of January, 1 bridle, value 2l., the goods of John Baker; well knowing it to have been stolen; against the Statute, &c.
JOHN STIMSON. I am clerk to an attorney in Welbeck-street, Cavendish-square, and am nearly sixteen years old. On the 1st of January, about nine o'clock, I was in Oxford-street, and saw the prisoner standing at the corner of Queen-street, and another one coming up Queen-street with a bundle under his arm—the prisoner said to him, "Go on, you b—fool"—I suspected and watched them—the other one crossed over to the other side of the way till he got to Regent-street—the prisoner followed—they joined each other, and the other one gave the bundle to the prisoner, and walked away—the prisoner crossed over and went to the corner of Woodstock-street—I ran to the police-station and gave information to a policeman, who took him.
JOHN ROCHE. I am a policeman. Stimson came and told me something—I went into Oxford-street and saw the prisoner walking along the coach rank—I went and laid hold of him—he had a bundle under his arm—I asked what he had—he said, "I don't know"—I asked where he got it—he said, "I picked it up in the street"—I took him to the stationhouse, opened the bundle, and found this bridle in it—he then stated he picked it up in Marlborough-street—he was remanded to make inquiry, and the owner was found.
GUILTY.† Aged 20.— Transported for Seven Years
ELIZABETH JANE JAGO. I live with Mr. Peter Brandon, a surgeon, in Tavistock-square. On the evening of the 31st of December, the prisoner came to the house, and said he came for a lady's bonnet from Mrs. Allen, of Regent-street—I told him no such article had been ordered—he desired me to inquire, and having received orders not to leave the street-door, I called another servant and she went to inquire—he asked me after she was gone to go up stairs too, but I would not quit the door—he then snatched the coat off the hall-stand and ran off—I pursued him directly, and never lost sight of him—I gave him into custody—this is the coat—(looking at it)—it is my master's.
Prisoner's Defence. I was intoxicated, and was leaning against the wall when the policeman came and took me—I staggered against him, which I should not have done if I had committed the robbery—the coat was not found on me.
ELIZABETH JANE JAGO re-examined. He threw the coat down, and ran on to the bottom of the square before he was stopped—he had only got five or six doors off—the policeman was on the spot within two minutes—he could run fast enough—he was not in the least drunk—Brockbank pursued him as well as me, and seized him immediately—he took the coat as I was at the door—I had the candle in one hand, and the handle of the door in the other.
GUILTY.Aged 18.— Transported for Seven Years
JAMES HANNAN. I am shopman to Mrs. Cordwell, a pawnbroker in Turnmill-street, Clerkenwell. I have a pair of trowsers, pawned on the 16th of December by the prisoner Bird—I asked whether they were her own property—she said they were.
JACOB TURNER. I live with Mr. Rosier, a pawnbroker in Turnmillstreet, Clerkenwell. I have a pair of trowsers, which were offered in pledge by the prisoner Goddin, about seven o'clock on Monday evening, the 16th of December—I am sure she is the person—we had received notice only a few minutes before of their being stolen—we detained them, and gave her into custody.
ELIZABETH ANN CROWDER. I am the wife of Nicholas Crowder, and keep a clothes-shop in Great Saffron-hill—these trowsers are ours—they are marked—I missed them on Monday evening, between four and six o'clock—I had seen them not ten minutes before they were gone, on a shelf in the shop, facing the counter—we are never absent from the parlour, which joins the shop—they must have watched their opportunity—I do not know the prisoners.
NOAH STONE. I am a policeman. On the 16th Goddin was given into my charge—I took her to the station-house—she said she knew nothing of the robbery, that the trowsers were given to her by Bird, who asked her to go and pawn them for her, and she took them to Mr. Rosier's.
SAMUEL PARKER. I am a policeman. From information I received I apprehended Bird on the 24th of December—she said she knew what I wanted her for, it was for the trowsers, but she did not steal them, it was two boys stole them; one pair she pledged at Mrs. Cord well's, in Turnmill-street, and the other pair she gave Goddin to pledge for her.
Goddins Defence. I was at the Turk's-head public-house, in the street where I have lived seventeen years; this young woman asked if 1 would go on an errand; I said, "What with? " she said, "A pair of trowsers; " I took them to Mr. Hosier's, and asked 2s. on them: he detained them; I came and told this young woman, and she went away directly.
Bird's Defence. A young man asked me to go on an errand for him; I took the trowsers, pledged them, and gave him the money and duplicate; the young man was at Hatton-garden, and acquitted last Monday.
GODDIN— NOT GUILTY.
BIRD— GUILTY.Aged 20.— Confined Three Months
Before Mr. Baron Gurney.
523. CAROLINE MAUNDER was indicted for stealing, on the 24th of October, at St. Catherine Creek Church, aliasChristchurch, 1 cloak, value 2l.; 5 gowns, value 21l; 12 pairs of stockings, value 6s.; 1 boa, value 7s.; 2 bonnets, value 15s.; 3 shawls, value 30s.; 3 shifts, value 9s. 1 pair of clasps, value 20s.; 8 sovereigns, 1 half-sovereign; 12 halfcrowns, 20 shillings, and six sixpences; the property of Mary Hart, in her dwelling-house.
Mary Hart.I am single, and live in Brewer's-gardens, Leadenhallstreet, in the parish of St. Catherine Cree—I keep the house—the prisoner occupied a room in my house for fourteen weeks. On the 24th of October, between four and five o'clock in the morning, as I was in bed, I was alarmed by a neighbour—I came down, and found the street-door wide open—the prisoner used to lock it for me at night—I went up to her room and she was not there, and she bad not been in bed at all, for it was made then—when I came down again I found the first-floor room-door open—I had left that room locked the night before with a padlock—I found the padlock in the catch, and the door wide open—it was unlocked, and the key was in the padlock—I had put the key in my pocket, which I had put under my pillow—it had been taken from there—I missed all the property stated—the money had been in my pocket under my pillow, and the wearing apparel in the room, which was padlocked—I saw the prisoner next down at Lynn, in custody—I went before the Mayor there—I saw a great deal of my property there—they discharged her at Lynn—they would not allow me to go into the case there—I had not a farthing to bring her to London—I begged the Magistrate to give me my property back, and I would not wish to hurt her more than they thought proper—I did not get my property, they gave it up to her, but Wood, the superintendent, had a cloak, a bonnet, and a shawl, and those he sent to me a fortnight ago—she was taken up after I got to Lynn—I caused her to be taken up—I found in her possession four dresses, three shawls, several pairs of silk stockings, and two or three shifts, but I cannot say how many, because they would not allow me to look into the bundle much—I charged her with stealing them—she owned they were all my property
there—the Mayor said it was very wrong for me to go into such a case as that, unless we could have her brought up to be tried in Loudon—I saw her next in London—my boy saw her in Fleet-street last Friday, and caused her to be taken up.
JOHN WOOD. From information I received on the 25th of October that a robbery had been committed in London, I apprehended the prisoner at Lynn on the 26th—Mrs. Hart was not there for nine or ten days after—I found on the prisoner a silk cloak, a black silk gown, and a silk bonnet—the other property I did not find—she was in custody some days, and then discharged by the Mayor—I do not know why—I hate the cloak, bonnet, and shawl here.
MRS. HART re-examined. These are my daughter's property—she if nineteen years old, and is married, but I bought this property—she lived with me then—the bonnet and shawl are mine.
Prisoner's Defence. Mrs. Hart was the first instigation of my ruin—she induced me to go to her house—I was never seduced till I was seduced in her house—she decoyed me away from home, and told me I should have a good place, but I found out what it was—I was seduced in her house, and ran away—I have always been in service till now, and have a six years' character at Edmonton.
MRS. HART re-examined. I let out rooms furnished.
Prisoner. It is a common brothel. Witness. I deny it—I bad other lodgers—there is a young woman in Court now who had a room in my house at the time—what she says about me is false—I never would have decoyed any girl from home—she came to me in a state, which, if she was a virtuous girl, she could not be.
GUILTY.Aged 19.— Confined Six Months
Before Mr. Justice Coleridge.
MR. PHILLIPS conducted the Prosecution.
JOHN WILD GABRIEL. I am a woollen-draper and man's mercer, and live at No. 135, Regent-street. I know this velvet—(looking at it)—I cut it myself in my shop on the 4th or 5th of November—I believe it was the 5th—a few days after, I had another order for some of the tame, and looked for it, but could not find it—in consequence of information on the 10th of December, I went to Mr. Gray's, the pawnbroker's, in Fleet-street, and saw this velvet there—I had sent round to inform the pawnbrokers of the loss—I saw the prisoner at the station-house on the 10th of December—(I had seen the velvet a fortnight previous)—I did not promise or threaten him in any way—I charged him with having pawned my velvet—he denied having seen the velvet at any time, or having pawned it at all—I am quite sure of that—I asked him who he was—he told me he was an agent for persons in embarrassed circumstances—shortly after that, he told me he was a tailor—that was in consequence of a question I put to him about some black velvet which he had tried to pawn the same day—that black velvet was cut in a peculiar way, what tailors call on the bias, and he used that phrase, which made me say, "What, are you a tailor? " and he said,
"Yes"—I asked his name—he said it was John Smith—I left him at the station-house—this velvet is worth 25s. a yard—I ordered it myself to be made for me at Lyons.
Cross-examined by MR. DOANE. Q. How much of it did you have from Lyons? A. Only fourteen yards and three-quarters of this pattern—I have a memorandum J of the quantity I sold—I received the fourteen yards on the 10th of September—I have sold some of it—I cut it last on the 5th of November, and missed it a few days after—we missed it about the 19th of November—I had not seen it after the 5th—when I cut it on the 5th there were ten yards and seven-eighths, but three yards were cut off immediately afterwards by another person—there is now five yards and three-quarters—the people at Lyons are extensive manufacturers, they are agents, and export a good many fancy velvets—I have six persons in my employment—I swear this velvet corresponds in every respect with mine—I have part of it left in my own stock with the selvege on it—I saw the black velvet—it was with respect to that that the word "bias" was used by the prisoner.
MR. PHILLIPS. Q. On the 5th you cut how much? A. A yard and three-quarters—there were two cuts the same day—I hardly know whether one cut was made before me—I presume there was ten yards and oneeighth at the time I cut it—three yards were afterwards cut off to my knowledge—the quantity which appears now does not exactly tally with the quantity which was left—the length I lost was seven yards and oneeighth, and here is five yards and three-quarters—I have no doubt of it being mine—I know nothing of the prisoner.
GEORGE KING. I am assistant to Mr. Gray, a pawnbroker in Fleetstreet. I know the prisoner—on the 9th of November he brought this piece of velvet to pledge, which I advanced 2l. on—I have the duplicate—he pawned it in the name of John Turner, No. 11, Dorset-street—on Friday, the 10th of December, he came again—we had in the interval intimation respecting the velvet—he came into the private boxes, and offered to pledge a piece of black velvet—I recognised him, and made a communication to my brother shopman, who moved—the prisoner saw that, and he delivered the piece of black velvet into the shopman's hands, who gave it to me, and went out to fetch a policeman—while he was gone the prisoner moved from the box into the front part of the shop, and when the policeman was coming in through the middle door, the prisoner opened the door, and was going out—he had not got the money he wanted on the velvet, nor yet the velvet, at that time—I went to Dorset-street, but there was no No. 11 in the street.
Cross-examined. Q. Is it unusual for persons pawning to give other names than their own, and other places of abode? A. No, it is a very usual thing.
EDWIN BURGESS (City police-constable, No. 184.) On the 10th of December I was called to Mr. Gray's, and saw the prisoner there—he was leaving the shop, when the shopman caught hold of him, and gave charge of him—he gave the name of John Smith at the station-house, and said, when he stopped in town, he slept at the Cross Keys public-house in Gracechurch-street, and he had slept there the night before—I made inquiry at the Cross Keys public-house, and they knew nothing of any such person—I was at the Justice-room at Guildhall when the prisoner was there—previous to his being examined, I asked him from whom he pro
cured the velvet—he said, "From that person, " looking at the prosecutor, who was in the Justice-room—I asked if he meant the prosecutor—he said, "Yes, conditionally."
Cross-examined. Q. Are you quite sure he said he got it from the prosecutor? A. I am positive he made use of the words I have stated—I have never wished to correct what I stated about that—I never mentioned it to any body—the prisoner said I misunderstood him, and I said he misunderstood me, not that I misunderstood him—that was my reply to him, and he acknowledged, in the presence of the gaoler, that those were his words—he said that those were his words, but I misunderstood him.
Q. What words? A. That he said, "Yes, he received it of that man; " "Yes, conditionally; " that those were his words, but I misunderstood him—he was not talking of a person named Turner at that time—he mentioned the name of Turner—he said he received it of a person, but never mentioned Turner.
MR. PHILLIPS. Q. Was that before or after he said he received it of the prosecutor, pointing to him? A. Before—after he said he received it of a person, he said he received it of that man, looking at the prosecutor—I then asked him if he meant the prosecutor, and he said, "Yes, conditionally."
MR. GABRIEL re-examined. Q. What means have you taken to ascertain that it is your velvet? A. I have caused the trade to be searched—I examined the velvet with two patterns I have in my hand, with a magnifying glass, and can swear the selvege threads are exactly the same—I had the whole piece, fourteen yards and three quarters—I have the same pattern, but the selvege is widely different—I have two pieces off the whole piece which I have cut off our cards—the longest length we ever sold was three yards.
Witness for the Defence.
MR. PHILLIPS. Q. Pray are you the Mr. Francis Heeney who has made an affidavit in this case? A. Yes—I worked for the prisoner till within a day or so, for about three years, at jobs, mending shoes and boots—he lived in Pitt-street, Blackfriars-road—I cannot say when he left there—I sent the work home which I did last week, to St. Ann's-place, St George's—he began to live there about a month ago, I suppose—I do not know where he lived before, as I had not done basinets for him for the last six months, except last week—I was walking in High-street, Borough, on business, on the 10th of December, and met Boddy at the corner of Kingstreet—he walked with me—we met a man, not quite so tall as Boddy, I think, but I cannot particularly say, as I did not measure him—he was a dark man, and had black whiskers—he called Boddy by the name of Boddy, as if he knew him well—he said, "I have got some goods will suit you"—I walked on, and left the two together—I heard no more said—about three years ago the prisoner lodged somewhere in the New-cut, I think—it was a private house—I cannot recollect where he lived when I did business with him before the last week—I have not worked for him since he has kept a public-house—I made him a pair of shoes or boots about two years or two years and a half ago—I cannot recollect where I sent them home, but I
know it was a private lodging—that is the last place I sent any thing to till last week—I did not know him in any business but the public line—the last house I knew him at was the Duke's Head public-house, a year and a half ago—it was Mrs. Boddy—I sent the things a year and a half ago.
COURT. to MR. GABRIEL. Q. What quantity will make a waistcoat generally? A. A yard or a yard and a quarter—there is a yard and threeeighths gone from this—that is enough for the largest waistcoat—these fancy velvets are made all lengths, according to the consumption—I had the whole piece, and the dress-hooks were at each end.
(Several other witnesses gave the prisoner a good character.)
(The prisoner was detained to be indicted for receiving.)
Before Mr. Baron Gurney.
MESSRS. CLARKSONand DOANE conducted the Prosecution.
CHARLES BLAKELEY BROWN, M.D. I live in Curzon-street, May Fair. On the 3rd of December, I read this advertisement in the "Times" newspaper—(looking at it)—in consequence of which I proceeded to the stables in Welbeck-street, and saw a stable boy—I then saw a man named Jem, who was dressed as a groom in mourning, all in black—I asked to look at the horse which was advertised in the "Times" of that morning, the bay gelding by Waterloo—he showed me the horse—I asked its age—he said he was six years old, that it was the property of Mrs. Brown, the widow of the late J. Brown, who resided at the Crescent, Leamington—the prisoner was not present at this conversation—I saw him very shortly after—I asked the price of the horse, and Jem pointed to Mowatt, who was close at hand, and said, "This is the man who is commissioned to sell the horse"—Mowatt said a gentleman had offered him 35l. for it that morning, but that was too low a price, he could not let it go at that—that forty guineas was the lowest he would take for it—that he had received a note from the gentleman who offered the 35/. the day before, that morning, to say he would give 40l. for it—he bad a note in his hand, which he said the gentleman had written to him, and he showed it to me—I looked at it, but did not read it—he said be could not let it go for 40l., but if I liked to give forty guineas I might have it—I looked at the horse and said, "I do not altogether dislike the look of the horse, but I must try him, " and asked to see him out—I saw him out, and then asked leave to ride him to try him—Mowatt said I could not ride him that day, nor could he keep him for me till the next day without my giving a deposit—I said, "What deposit did he want, and that I had not got much money about me"—I left 5l. deposit, and he gave me a receipt for it, which I read—it was a memorandum—I gave it back to Mowatt the following morning—it was "Received of Dr. Brown, the sum of 5l., a deposit for the horse to be kept for trial to-morrow"—I believe those were the words—I went next day at eleven o'clock to try the horse by agreement—I found Jemand the prisoner there—I sent my saddle and bridle there, and in a few minutes the horse was saddled, and I got on—before that, Mowatt gave me back the 5l., and I gave him back the memorandum—he said, "Are you prepared to deposit the price of the horse? "—I said, "Yes, and you must give me a receipt
for it"—I gave him four 10l. notes and two sovereigns, and he gave me this receipt—(produced)—the 5l. note he returned to me was the same I had given him—(receipt read)—"London, 4th of December, 1839. Received of Dr. C. B Brown, the sum of 42l. for a bay gelding, warranted sound, free from vice, and a good hunter; if not approved of in two days to be returned"—(signed by the prisoner.)
Q. Did any thing further pass than what he said that you were to deposit that sum before you could try the horse? A. No—Jemwas present, and he said it was the favourite horse of his old master, J. Brown, of Leamington, and that Mowatt had brought it into harness, and if it could get into good hands, he had no objection to part with it at the low price of forty guineas, and he hoped it would have a good situation—I said, "Yes it would, it was going into the neighbourhood of Northampton"—he said, "Oh, very well, it would be near its own place of living"—I had given him 6s. the day before, as he had said in the prisoner's presence, that he was going back to his mistress that night, and as he was sure I should like the horse and would purchase it, he hoped I would give him some money—upon which I gave him the 6s., and he said he would give it back if I did not buy the horse, and he said to Mowatt, "Of course you will give Dr. Brown the 6s. back if he does not purchase the horse"—Mowatt said, "Of course I will"—I got on the horse, and shortly after I began to ride, I found he pulled so hard I could hardly hold him—I took him into Hyde-Park, and the first thing he did was to kick violently—I kept him out better than an hour—I then returned to the stable and saw Jem—I do not recollect seeing Mowatt at that time—in consequence of what Jemsaid I was induced to go there again the same day, at two o'clock, to try the horse again—I went, and again tried it—I found it more vicious than before, and more difficult to ride—after having shown him to one or two people, I returned to the stable a little before four o'clock, and found Jemand Mowatt there—Mowatt was showing a horse to a gentleman—I said, "The horse won't suit me at all; it does not answer the description; it is much older than you say it is, and I won't have any thing more to do with it"—"Oh, " said Mowatt, "I don't wish you to keep the horse if you don't like it; I will give you back your money"—I said, "Very well then, give it to me"—he said, " I have not got it here; it is at my banker's"—I said, "Give me back my money, and I will give you the shilling for the stamp receipt"—he said, "Never mind the stamp"—he said the money was at his banker's, and he would go and get it—I said, "Very well, I will go with you"—upon this Jemcame up, and begged I would write a note to Mrs. Brown to say I had tried the horse, or she would think Mowatt had not taken any pains to sell it—I told him I had no paper—he took me up a small staircase to where he got paper, pen, and ink—I wrote a note, which he did not approve of, and at his dictation I wrote another, and gave it to him—I then looked out for Mowatt, but he was gone—I made inquiry of Jemabout him—I never saw him again for some time—he never came to my house at all—I went to the stable the first thing on the morning of the 5th—I only found a stable-man there—neither Jem, Mowatt, nor the horse—on the 11th I saw another advertisement in the Times, in consequence of which I proceeded with Hooker the officer to a stable in Thomas-street, Brook-street, Grosvenor-square, and saw Mowatt come out—he did not see me at first—I got behind a cart—directly he saw me, he turned into the stable he came
out of, and slammed the door—the officer came up—he was obliged to force the door, and took him in the loft—Mowatt said to me, "You have got the receipt."
Cross-examined by MR. ADOLPHUS. Q. Did you at any time give the prisoner your address? A. Yes, the first day, on a card—I am sure of that—the first time I rode the horse in the Park and I tried it in the road—I rode it to the house of a roan named Holliday, a dealer in horses, and another man, named Webb, a dealer in horses—they told me the horse was much older than I had been told—Jemand Mowatt both said it was six years old—if I had looked in its mouth I could satisfy myself of that, which I did—I took it on the word of Jemas to the age, without examination—it was in the last ride I went to the two horse-dealers—I have not bought a horse of either of them since—my brother has bought one—I was looking out a horse for him, and he came to town and bought one—I did not buy it of either of those persons, but of a man in the Edgeware-road.
Q. When you took this horse, did you buy it? A. No, certainly not—I never said I did—(looking at a letter)—this is my writing—it is what I wrote at the dictation of Jem—I did not write what was untrue at the dictation of any body—it is true I wrote that paper, but I wrote it under peculiar circumstances, because I saw I was being robbed at the time—I did not buy the horse on trial.
Q. Did you expect to have that very identical money back again? A. The same as I expected, and did receive the very 5l.—I expected he would not part with the notes, just the same as if I had given him a cheque I should expect he would not have received it—there was no agreement that he should return to me the very notes and sovereigns—I should know my marks on those notes—I do not know their numbers—neither of the notes were found by the officer—I should have taken other money, if he had given me forty guineas at the banker's—I would have taken any money—if the horse had suited me I should not have asked for any money back—I am sure the horse was not of the age they said, from my own observation, but I did not look at it till after I took it out, not in the mouth—I took the age on Jem'sword.
WILLIAM HOOKER. I am a policeman. On Monday, the 9th of December, I received a warrant to apprehend Mowatt and another person—on Wednesday, the 11th, I went to a stable at No. 14, Thomas-street, Brook-street, Grosvenor-square, with Dr. Brown—I passed the stabledoor before Dr. Brown, and saw persons about—I intimated to Dr. Brown what I had seen, and he went forward—in consequence of what I learnt from him, I went to the stable, No. 14, and tried the door—it was fast—I knocked three times, but nobody answered—I said, "If nobody opens it, I must break it open"—I broke it open, went up stairs to a loft, and saw the prisoner—I said, "I have a warrant against you for felony, and you must go with me"—he said, "I should like you to read the warrant" I read it—he said, " How can that be? how can they make a felony of it; has not he got the receipt? "—I said he must go to the stationhouse, and just before we left I asked him where the horse was—he said he knew nothing" about it—I searched him, and found two 10l. notes, two sovereigns and a half, and 4s. 6d. in silver—I also found a banker's book, according to which the last deposit appears to be 114l., on the 10th of October.
The prisoner has an account there—the last date of his making a deposit is the 10th of October—he has not made a cash deposit there since.
Cross-examined. Q. How do you know that? A. By the book, which I keep myself.
OLIVER HANBURY. My brother is in partnership with Mr. Patterson, a solicitor at Leamington—he has lived there twenty-two yean—I have made inquiry and search for a person named Brown there—I had a copy of the advertisement to guide me—I could find no such person at Leamington, nor about there, nor any widow of Dr. Brown—I could not find either the lady or gentleman described.
WILLIAM HOLLIDAY. I am a livery-stable keeper and job-master in Seymour-mews, Portman-square. On the 4th of December Dr. Brown showed me the bay gelding said to be from Waterloo—in my judgment, it was worth from 15l. to 20l.
Cross-examined by MR. BODKIN. Q. That is what you would give for it? A. No—I would not buy it at all—I did not like its appearance—I have not had any dealings with Dr. Brown before or since—I have sold a good many horses in my time—I in general tell parties what is the matter with them.
NEW COURT.—Friday, January11th, 1840.
Jury, before Mr. Recorder.
526. WILLIAM FORRESTER was indicted for stealing, on the 27th of December, 1 coat, value 13s.; 1 waistcoat, value 1s. 8d.; 1 handkerchief, value 6d.; and 1 pair of shoes, value 6s.; the goods of Samuel Shepherd.
SAMUEL SHEPHERD. I live in North Conduit-street, Bethnal-green, and am a silk weaver. On the 26th of December I met the prisoner in a publichouse in Hackney-road—I had met him there before about twice a week—we staid there till twelve o'clock, and then went to another house in Whitechapel—we staid there till past one o'clock—I was then drank—he offered to take me to a lodging, and we went to No. 2, Rose-alley, Bishopsgatestreet, and went to bed—in the morning the prisoner was gone, and I missed my coat, waistcoat, handkerchief, and shoes, and a pair of shoes of the prisoner's were left behind—I got an officer, and found the prisoner the next day in Phillip-street, Hackney-road—this is my coat, waistcoat, handkerchief, and shoes—(looking at them.)
JOHN BALSAM. I live is White Bear-gardens, Shoreditch, and am a smith. On the morning of the 27th of December the prisoner came to me while I was in bed, and asked me to lend him 7s. on this coat—he said he was going to pawn it, but could not, because it was wet and muddy—I let him have 7s. on it, and pledged my own trowsers and handkerchief to raise the money.
RICHARD PEDRICK. I live in Temple-street. On the 28th of December I went to No. 9, Phoenix-street, Hackney-road, where I saw the prisoner—he asked me to pledge a pair of shoes for him—I pawned them at Mr. Harris's, in Hackney-road, for half-a-crown, in the name of Grout, which is the name I usually pawn in—I came back and gave him the money—he gave me this old waistcoat for going, and this handkerchief
was inside the waistcoat—in consequence of what I heard the next day, I delivered up the waistcoat and handkerchief to his mother.
GEORGE FORTUNE (police-constable G169.) On the 28th of December I was on duty in Shoreditch, and the prosecutor spoke to me—from what he said, I went to No. 9, Phoenix-street, Hackney-road, and apprehended the prisoner—I told him it was for stealing a coat, a waistcoat, a handkerchief and a pair of shoes from Shepherd—I got this coat at No. 4, White Bear-gardens—the prisoner's mother brought this waistcoat and handkerchief to the station-house.
Prisoner's Defence. I met the prosecutor—we got playing in the skittle-ground—we then went to lodge at a very bad house—there were more lodgers there—I got up at half-past eight o'clock, and went out—I bought the coat, as I was going through Petticoat-lane.
GUILTY.Aged 20.— Transported for Seven Years
JAMES BANNISTER. I am coachman to Mr. Hendrick, an omnibuskeeper—his stable is in John-street, Church-lane, Whitechapel. On the night of the 15th or 16th of December, I was at the stable about half-past ten o'clock—I left my coat hanging in the stable—there was a horsekeeper there—we came away together, leaving the stable locked—I went next morning, and found the padlock had been wrenched off the door and thrown away—I missed my coat and a Macintosh cloak belonging to John Riddle—the prisoner had worked twice for my master—I saw my coat on Saturday morning on Groom, the driver of a cab, in Piccadilly.
Cross-examined by MR. PAYNE. Q. Did the prisoner drive the County fire-engine? A. I believe he did—I saw the horse-keeper lock the stable when we came out.
GEORGE HURST. I live in Little Park-street, Regent's Park, and am a cab-driver. The prisoner sold this coat to me in the yard at the King-street bazaar, in Portman-square—he brought it down the yard and said he had brought a bargain for some one to buy—I looked at it, and he said he wanted 16s. for it—I offered him 14s. for it, and stood with him for almost half-an-hour—I at last bought it—I wore the coat for about five days, and then lent it to Groom, who drives a cab—I am certain it is the same coat—I did not know his name at the time—I never saw him before—Loader afterwards told me his name.
Cross-examined. Q. Did you go to see him in the station-house? A. Yes—I said I could not take my oath if I had met him, as a stranger, in the street, that he was the man, not thinking about the coat, but the moment I saw him in custody, I knew he was the man.
COURT. Q. What did the prisoner say? A. He said his wife and children were badly off, and he had not food to eat—there were four men in the yard, and I asked Loader if he knew the man—he said, "I have known him for four years, and I should say it is all right in buying it"—I know this is the same coat by buying it and wearing it—I know it by the velvet collar and by the lining of it which I believe is bear-skin—I never saw one like it—I cannot tell the day I bought it.
WILLIAM LOADER. I live in York-mews, Baker-street. "I work for the same master as Hurst—I recollect the prisoner coming to the yard, between seven and eight o'clock one morning, I think about a month ago, with the coat on his back—he said he had got a bargain to tell—I told him I dared to say some of the men in the yard would buy it of him, but I did not want one—Hurst looked at it, and offered him 14s.—he stood out for some time, and then gave 16s. for it, but I saw no money pass between them—Hurst asked me if I thought it was all right—I told him I had no doubt of it, as I had known the prisoner for three or four years, and he had worked with me in York-mews—this is the same coat.
Cross-examine. Q. Has he always borne a good character? A. Yes—I do not know whether he has a wife and family.
RICHARD THOMPSON (police-constable H69.) The prosecutor spoke to me, and I found the prisoner at the Fir Tree public-house, in Whitechapel—I told him I wanted him for a coat—he said he knew nothing about it.
(Sarah Edwards, the wife of a paper-hanger in Wood's-buildings, Whitechapel, gave the prisoner a good character.)
GUILTY.Aged 24.— Transported for Seven Years
MART LLOYD. I am the wife of Robert Lloyd, and live in Rose-street, Long-acre. On the 1st of January I met the prisoner in Seven-dials, and we had two quarterns of rum together—I thought my husband would be angry with me for staying out, and find out that I had been drinking, and I took the prisoner home to pacify him—when we got there my husband was not at home—I said I would go to bed, and told the prisoner to make my boy's bed, which she did, and went away, bidding me good night—I had two shirts in my room, one was ironed, and hanging on my line—when my boy came in I missed that shirt and another—I got up, and went, in the middle of the night, to the prisoner's lodging, in Little Short'sgardens—I found her there, and she gave the shirts to the policeman—they are the property of my nephew, Edward Webb—I had not given her permission to make use of them.
Prisoner. She has known me some years—she borrowed 6d. of me, and said, "Come home, and I will pay you"—when we got home she could not find a shilling, which she said she had, but she said, "Go, get 2s. on these shirts, and bring in a quartern of rum; and by that time Bob" (meaning her husband) "will be come"—I said to her, "If I don't come back, I will take them home with me till to-morrow morning, and you can then do as you think proper"—I went to the pawnbrokers, and it was shut up—at one o'clock she came and said, was I at borne—I said, "Yes"—she said, "Have you got the shirts safe? "—I said, "Yes, " and I opened the door and gave them to her—we had had four quarterns of rum. Witness. I was not the worse for liquor, but I took her home to pacify my husband, as I knew he could tell, if I drank the least—we had two quarterns of rum, but there were three persons to drink it—I did not suggest that the prisoner might take the shirts to pawn—it is not likely I would give my nephew's shirts to pawn, when I had other things—I had not borrowed any thing of her—I had 4 1/2d. when I met her—she put 3d. one time, and I 2d. and the next time we paid 2 1/2d. each—my husband did not come home till after I had been to the station-house.
STEPHEN LONGHURST (police-constable F27.) On the 1st of January, about one o'clock in the morning, I went with the prosecutrix to the prisoner's lodging—the prosecutrix rapped at her door, and called her by her name, and asked for those shirts which she had taken from her room—the prisoner said, "I have got them safe in the cupboard, on the top of the stairs"—she then came out of her room-door, and asked whether she would have them then—she said, "You shall have them"—I then came on the top of the stairs and said, "Where are the shirts? "—she went into the room, unlocked the cupboard, and gave me them—she said the prosecutrix gave her them to pawn, but as the shop was shut up she could not do so—Mrs. Lloyd denied that, and she said she had taken them off the line without her consent—Mrs. Lloyd seemed excited—I think she had been drinking, and the prisoner was the worse for liquor.
JOHN GILLIES. I am shopman to Mr. Charles Walter and Mr. Patterson—they carry on business, as trustees, at No. 112, High-street, Marylebone—they are cheesemongers. The prisoner came into the shop last Saturday, and took a piece of bacon off a board where it was exposed for sale—she put it under her shawl, and was going away—she was taken with it, and she said she had come for some butter—on the way to the stationhouse she said she meant to pay for it, but no money was found on her.
Prisoner's Defence. I was in great distress.
(The prisoner received a good character.)
GUILTY.Aged 41.—Recommended to mercy .— Confined Seven Days
ANN WITHEY. I live with my father, Thomas Withey, a pork-butcher, in High-street, Bow. I was standing at the window last Saturday night, about twenty minutes before twelve o'clock—I saw the prisoner come and take two bits of beef out of the window—he went off, and I called "Stop thief—my father, who was in the parlour, ran after him—I saw him at the station-house afterwards, and I am clear that he is the man who took the beef, which was brought back before I went to the station-house—I had noticed it about a quarter of an hour before it was taken—there are 81bs. of it—the prisoner was dressed in a fustian frock coat—there was a gaslight in the window, and it reflected on his face.
JOHN WITHEY. I was in the parlour when my sister gave the alarm—I ran out with my father—I came up with the prisoner about three doors from our shop—my father spoke to him—he continued walking on, and my father with him till he got to the Black Swan public-house, which he rushed into—I went in after him into the tap-room, but I was shovedback—I went to the station-house, and got an officer—we went back to the Black Swan public-house—the prisoner came out about twelve o'clock, and I gave him into custody—he had then pulled off his coat—he had a fustian coat on when he was walking with my father—I asked him if he knew any
thing about the two bits of beef—he said he knew nothing about them—I did not say any thing to him about throwing the beef down.
JAMES MALONEY. I live in Mann's-buildings, at Bromley. On the 4th of January, shortly before twelve o'clock, I was in the Black Swan public-house—the prisoner came in, and pulled off a large fustian coat with pockets, and immediately after John Withey came in, the crowd shovedhim back.
Prisoner. I never had a coat on at all. Witness. Yes, he got near the window, and pulled it off.
HENRY MILLS (police-constable K285.) I went to the Black Swan public-house with John Withey on the night of the 4th of January—the tap-room was full—the landlord was just turning them out—I saw the prisoner come out, and he was pointed out to me by John Withey—I took him—I charged him with taking some beef—he denied it.
Prisoner. John Withey accused three or four people in the house. Witness. Not while I was there.
JAMES HARRIS. I am a draper, and live two doors from the prosecutor's shop. Between eleven and twelve o'clock on the night of the 4th of January, I was in my shop, with my back to the door—I heard a noise as if something fell—I found the two pieces of beef in the shop, a short distance from the door—I took them up, and to the best of my knowledge I gave them to Mrs. Withey—they were like these pieces—I did not see who threw them into my shop.
JOHN WITHEY re-examined. Q. Is Mr. Harris's shop between your shop and the door where you came up with the prisoner? A. Yes—I saw no person at that spot but the prisoner, nor any person immediately a-head of him.
Prisoner. I can answer for myself that I am not the man—I know nothing about this at all.
GUILTY.Aged 26.— Confined One Month
GUILTY.Aged— Confined Six Months
Before Mr. Sergeant Arabin.
JOHN GATTEY. I live at Ilford, and am a baker. Hill was in my employ for two or three weeks, and was paid weekly—Wright used to bake potatoes at my house generally every night, or four or five times a week—he generally minded them himself.
Cross-examined by MR. JONES. Q. You have a son have you not? A. Yes, he is a baker—he is not in partnership with me, and has no interest in my business—he has no shop—he is paid as a journeyman—I have known Hill and his parents some years—I believe his character has been
very well—Wright has borne a good character as a hard working man—he carries hot potatoes, and his wife keeps a green-grocer's shop.
THOMAS CLARKE GATTEY. I am the prosecutor's son. I was at home on the 19th of December, about seven o'clock in the evening—Hill had been out—he came into the bake-house again, and soon after Wright came in with a basket for his baked potatoes—I was in the flour-loft over the bake-house, and saw through an opening in the floor, Wright go to the oven door—he then turned round to Hill with a bag, and they went to the flour trough—I could not then see the full person of them both, but I saw the hand of one of them lift up the lid of the trough—I could not swear that they were filling the bag, but they did fill it—I saw the trough lid let down, and Wright brought the flour in the bag in the basket right under ray eyes again—he covered the bag over with the potato flannel and walked away—neither the bag nor the basket were my father's—I am sure Hill was in the bake-house, and they both went to the trough which was in the bake-house—Wright went out with the basket, and I waited in the loft till Hill went out—my brother then ran for a constable—I went with the constable, who found the bag of flour in Wright's house—he was out at the time—his wife denied it at first, but it was found in the bed-room, I believe, but I did not go up stairs—this is the bag—it contains flour—I know the sort of flour my father had, but not to swear to it—I believe this to be the bag, but I cannot swear to it, and I believe this flour in it to be the quality of flour my father had—it is the best household flour.
Cross-examined. Q. Is it best or seconds? A., Best—my father had none but best in the trough—I went from the bake-house to the loft—I left no one in the bake-house—the hole in the floor, through which I saw this, was about an inch wide, and about the length of my fingers—I saw both the prisoners distinctly, but when they got to the trough I saw only the hand of one of them, as the opening would not admit of my seeing their persons there—I first saw Wright with the bag in his hand, which was rolled up and empty—when I saw it full it was closed—I did not see what was in it, but I am sure there was flour in it, because there was nothing in the trough but flour—he put the bag in the basket, which was a hand-basket, which he carried on his arm—I should have thought there was about a peck of flour in it, which would be worth 3s. 4d.
SAMUEL DAVIS. I am a constable of Ilford. I went with the prosecutor's son to Wright's house, which is a small cottage—we got there between seven and eight o'clock in the evening—Wright was not at home—I asked his wife if she would allow me to search the house—she said, "Yes"—I went to the cupboard, and found a small quantity of flour—I had Hill with me, and I said to him, "What sort of a bag was it boy? "—he said, "A pillow-case"—Mrs. Wright said directly, if Mr. Gattey would not hurt them, she would produce the flour—she went up stairs—I followed her, and she gave me this flour in this pillow-case.
Cross-examined. Q. How long have you been a constable? A. Thirteen years—I have been here a great many times—I did not get my expenses once, because I did not produce the property, which was some large pieces of timber—I had them at my house, and part of them is there still—the parties might have had it if they had come for it—the timber was worth about 1s. 6d.—there were two pieces, about six feet long—I did not bring them, as it was nine miles off—that was the only occasion on which my expenses were refused—I am a pork-butcher by trade, but have been a
constable many years, and have lost my trade through doing my duty—I have not said I had got another job, and I was very glad—when Hill said it was in a pillow-case Thomas Clarke Gattey was present, and two of his brothers—he did not look at the flour.
Cross-examined. Q. Will you swear you believe it it your flour? A. Yes, at far as a person can judge—no man can swear to flour—I should not like to be too positive—it is an awkward thing to swear to flour—I believe it to be mine according to what has occurred—it weighs 30lbs, with the pillow-case and all.
(The prisoners received good characters.)
HILL— GUILTY.Aged 17.
WRIGHT— GUILTY.Aged 28.
✗Recommended to mercy— Confined Six Weeks
JOSEPH MATTHEWS. I am a watchman of Stratford. On the 20th of December, about three o'clock in the morning, I saw the prisoner run across the road with this lead—I ran and said to him "What have you got here"—I saw it was lead, and I went on and called the next watchman—I then said to the prisoner, "Where did you get this lead"—he said, "I brought it from Mr. Green's, at Laytonstone; I and a plumber, and I am going to exchange this for new"—I locked him up, and then found the prosecutor—the prisoner was about one hundred yards from the prosecutor's when I first saw him—he was a stranger to me.
JOHN BARTLETT. I am a constable. Matthews came to me that morning at a quarter-past three o'clock—I went to the watch-house, and found the prisoner there with this lead—he said he was going to exchange it for new—he said he was a plumber, and would I take care of the lead till he got a note from the lady at Laytonstone.
CHARLES COVELL. I rent a house at Stratford. I saw this lead secure on the house when I went home, a little before twelve o'clock at night, on the 19th of December—it was fixed over the bow-window—I know this to be the lead, by a cut in it, which was made when it was tried once before—there is about eighty pounds weight of it.
Prisoner's Defence. I was returning from Woodford, and saw the sack containing this lead in the road; I picked it up, and thought It must have dropped from a cart; I carried it some distance; I had no tools of any description.
GUILTY.Aged 41.— Transported for Seven Years
Before Mr. Recorder.
Arms public-house, Flood-street, Deptford, between four and five o'clock—I fell asleep in the tap-room, till between seven and eight o'clock, having been at work very hard, and having had a little liquor besides—on awaking, about eight o'clock, I missed a black silk handkerchief, which I had previously worn round my neck, also a tobacco-box from my waistcoat pocket, and 3s. in silver—my attention was called to the prisoner by Ann Cowell, and in consequence of what she said, I said to her, "Give me my property"—she denied having seen it, and I was ill-used and beaten about and struck by the men and women there—I went out, got a policeman, and gave the prisoner into custody.
Cross-examined by MR. PAYNE. Q. Was the landlord present when you were struck? A. I did not see him—there was no one there belonging to the house, to my knowledge—there were people in the bar, which is no great distance from the tap-room—if I had called out they could have heard me—I was two or three hours in the public-house—there were about twelve or fourteen persons there when I fell asleep—I cannot tell how long I was asleep—I think it was about three-quarters of an hour—the policeman who took the prisoner is not here—I do not know why—he was before the Magistrate—I did not give the prisoner any thing to drink after I was told she had robbed me—I do not remember borrowing 2d. to get some drink—I was more fatigued than in liquor—I had hardly time to look round me before I was knocked down.
ANN COWELL. I am the wife of William Cowell, and live in Floodstreet, Deptford. On the 26th of December, about six o'clock, I was in the tap-room of the Walter Arms public-house, with my husband—I saw the prisoner there, and the prosecutor asleep—I was close by him—he was asleep some time—while he was asleep I saw the prisoner take a handkerchief from his neck, and a tobacco-box out of his pocket—when he awoke he said, "Ann Cowell, do you know any thing about my being robbed? "—I said, "Yes, " the young woman that sat alongside of him had robbed him of his handkerchief and tobacco-box, and had put the handkerchief alongside of him—I got ill-used, and got a black eye, from their companions—I was afraid to interfere before the prosecutor awoke, she had so many on her side.
Cross-examined. Q. Did you not say before the Magistrate, that you should have given information but were afraid of being ill-used by the bad characters that were with her? A. And that is what I say now—they were drinking with her—I bear a good character.
Q. Have you ever been charged with any thing? A. That has nothing to do with this—nobody can come forward to say so—I was not tried and convicted of felony, and had three months imprisonment at Maidstone—I was never in trouble at all.
Q. Were you not tried at Maidstone, convicted, and sentenced to six months imprisonment, and suffered it? A. Has that any thing to do with this?
Q. Do you mean to swear you were not? A. No, I do not mean to swear it—I did not come here about that—I came to speak the truth, and nothing but the truth, and that is the truth, I saw the prisoner take the handkerchief—I have known the prosecutor a good bit—we were girl and boy together—he is married, and has two children, I think—I never said I would swear black was white for him—I never said any thing of that sort to the landlady of the house—I never exchanged three words with
the landlady—I remained in the room till the prosecutor awoke, and till the policeman came, and took her—the policeman came about twenty minutes after seven o'clock—it was not ten o'clock before any account was given to a policeman—it was past eight o'clock at the prisoner was going to the station-house—I saw her take the handkerchief from the prosecutor's neck, and the tobacco-box from his pocket—I do not know what she did with it—she did not remain all the time—she went out—she was not there at the time he awoke—she went out for about twenty minutes, and came in again—he then asked where his property was, and he was knocked down and ill-used by the young men who were with the prisoner-she came in almost directly after I told him who it was—I was struck, and my husband also—all three of us were ill-used.
WILLIAM COWELL. I live in Flood-street, Deptford, and am a labourer, I was with my wife at the Walter Arms public-house on the 26th of December, and saw the prisoner there—I saw her take the tobacco-box out of the prosecutor's left pocket as she sat in the box, and this silk handkerchief off his neck—she dropped it down on the left hand side of him—she then went away for about three-quarters of an hour—when the prosecutor awoke, he came to my wife, and inquired if she had seen his handkerchief or seen any one rob him—she said, "Yes, " she saw the young woman—the prisoner must have been in the house at the time, for no sooner had my wife spoken the word than she was knocked down by the prisoner's confederates—I got my arms round her neck, to try to keep them from striking her—a young man struck over her, and struck me in the eye, and I had it black three or four day—he kicked me in the side, which I felt greatly afterwards.
Cross-examined. Q. How do you get your living? A. I work for the Greenwich Union, at the New Union workhouse—I have worked for them seven weeks—last Saturday was the last time I did any work there—before that I worked for seven years in the Phoenix gas-works, Greenwich—I left them through a few words between the superintendent and me concerning the fires—I have a written character with me which I received from there when I left—(producing it)—it is signed by the superintendent—I left on the 18th of October, 1839—my wife also got a black eye from a young man named Richfield—he was apprehended, and had to pay 11s. 6d. for it.
GUILTY.* Aged 22.— Transported for Ten Years
Before Mr. Sergeant Arabin.
536. JOHN WAITE was indicted for stealing, on the 26th of December, 1 pocket, value 1d.; 1 handkerchief, value 1d.; 1 thimble, value 6d. 1 purse, value 1d.; 1 box, value 4d.; 2 half-crowns, 5 shillings, 1 penny, and 1 farthing; the property of Elizabeth Allender.
ELIZABETH ALLENDER. I am an unfortunate woman. I fell in with the prisoner, on the 26th of December, at Greenwich—I had not known him before—I took him to my lodging—he gave me three shillings—he got up in the morning between five and six o'clock, as near as I can recollect, and went away—I had placed my pocket, which contained the articles stated in the indictment, under my pillow—he had not been gone a moment when I missed my pocket and its contents—I gave information to
the police, and the pocket was brought back in about ten minutes—it contained the articles and money stated—I had not given it to the prisoner.
Cross-examined by MR. PHILLIPS. Q. He gave you a necklace also, did he not? A. Yes—I am single—he told me he would meet me the next evening.
WILLIAM SMITH (police-constable R49.) The prosecutrix informed me of this, and I went after the prisoner—I found him under a lamp-post, with the prosecutrix's purse in his hand—I said, "What have you got there"—I snatched it from his hand, and took him to the prosecutrix, who identified it.
Cross-examined. Q. Do you know his family? A. Yes; they are highly respectable people.
(The prisoner received a good character.)
GUILTY.Aged 20.—Recommended to mercy by the Prosecutrix and Jury . Confined Three Months
Before Mr. Recorder.
537. SARAH CARROLL was indicted for stealing, on the 27th of December, 1 gown, value 10s.; 1 printed book, value 5s.; 1 necklace, value 10s.; 1 knife, value 6d.; 1 snuff-box, value 4d.; 1 apron, value 6d.; and 1 shawl, value 1s.; the goods of Thomas M'Lewee, her master; and JOSEPH BLIZZER, for feloniously receiving the said necklace and knife, well knowing them to have been stolen; against the Statute, &c.
THOMAS M'LEWEE. I live in Roupell-street, Lambeth. I received Carroll into my service from Lambeth workhouse, on Monday the 23rd of December, and on the Friday evening she went away without any notice—we were to give her what wages we pleased—we intended to give her 1s. 6d. a week besides her board—I immediately gave information at the stationhouse, and she was taken next evening at a public-house—I lost the articles stated—the gown is worth 10s., the necklace, 10s., and the prayer book, 5s.
BENJAMIN DODGON. I am shopman to Mr. Folkard, a pawnbroker, in Lambeth Walk. I produce a gown pawned by Carroll on Friday evening the 27th, and a necklace early on Saturday morning by Blizzer, in the name of Barrett—I am certain of him, though he was differently dressed afterwards—I cannot swear to him positively—I have no doubt of him—Carroll also pawned a book—both that and the gown were in the name of Jennings.
Blizzer. Q. You say I pawned it? A. You are a good deal like the man—you had a black coat and a black hat—it was the very first pledge we took in that morning—it was at a quarter-past eight o'clock.
ROBERT OVENDEN. I am a policeman. I apprehended Carroll on the evening of the 28th—the prosecutor claimed the apron and shawl she had on—I found on her a snuff-box, and the duplicate of a prayer book—I apprehended Blizzer about a quarter to nine o'clock the same evening, at the Queen's Head public-house, about one hundred yards from the other publichouse—I charged him with stealing a necklace and beads from Carroll—he said, "I have no beads"—I said, "The beads you pawned at Mr. Folkard's this morning"—he said, "So help my G—I had none, nor did I pledge
any—I took him to the station-house, and found a small knife, which was claimed by the prosecutor—he wore a blue cap—I found some new stitches in the lining, and between the lining and band of his cap I found the duplicate of the necklace—I also found a knife on him, which the prosecutor claims.
(Property produced and sworn to.)
Blizzer's Defence. On the Friday when Carroll left her place, I was at the Jolly Gardeners public-house—she came in, sat down along side of me, and drank with me—he asked if I would accept of that knife—she gave it to me, and afterwards took a snuff-box out containing a coral necklace and said, "I will make you a present of this for your wife's little girl"—I said, "Where did you get it? "—she said it was her own, and she had bought and paid for it—she asked where I was going—I said towards home—she wanted to go that way, and came with me—I went home, and the went elsewhere—next morning I was at the Queen's Head public-house—I took the necklace out of my pocket—several women there wanted to buy it of me—a shoemaker said, "I will go and pledge it for you"—he did take it, and pawned it for 1s. 6d. and brought me the duplicate—at night I was taken for stealing from Carroll—the pawnbroker said I was the person who pawned the necklace, but before the Magistrate he did not know whether I was the person or not.
CARROLL— GUILTY.Aged 18.
BLIZZER— GUILTY.Aged 36.
✗ Transported for Seven Years
Before Mr. Sergeant Arabin.
538. ANN BROWN was indicted for stealing, on the 22nd of December, at Lambeth, 1 neck-chain, value 3l. 8 brooches, value 5l.; 4 rings, value 4l.; 1 necklace, value 10s.; 1 gown; value 10s.; 1 petticoat, value 20s; 1 cap, value 5s.; 6 handkerchiefs, value 18s; 3 shawls, value 2l. 3 frocks, value 2l. 5 gown-skirts, value 12s.; 4 collars, value 10s. 3 pairs of stockings, value 6s. 3 shifts, value 20s.; 1 bonnet, value 20s. 1 pair of shoes, value 2s.; 1 bedgown Value 2s.; 1 cloak, value 5s; and 7 sovereigns, the property of James Holder, her master, in his dwellinghouse, and that she had been before convicted of felony.
MR. CLARKSON conducted the Prosecution.
CLARISSA HOLDER. I am the wife of John Holder, and live in Bartholomew-terrace, Camberwell, in the parish of St. Mary, Lambeth. The prisoner was in our service from the 10th of December, till Sunday the 22nd—we left home about half-past ten o'clock that morning to go to church leaving her in charge of the house—I placed a bunch of keys in a chest of drawers, which I locked—there is a small drawer in that chest, in which I kept my trinkets—I locked that drawer, and put the key in a looking-glass drawer, which was not locked—Mr. Holder and my daughter accompanied me to church—we returned about one o'clock—the servant who drove us from church knocked at the door, but we could not obtain admission—the man servant got over the garden wall, got in at the back door, and let us in—I went into my bed-room, found the drawer open, and the trinkets taken out—I missed the articles stated, which are worth from 30l. to 40l.—I had left no other servant in the house.
Prisoner. Q. Were not your keys on the drawers? A. No, in the drawer.
home on Sunday morning, the 22nd of December, between twelve and one o'clock, and saw the prisoner come out of the front-door of the house, with a large bundle and a hat-box.
GEORGE FREDERICK LAMBERT. I am in the service of Mr. Burgess, a pawnbroker, in Long Acre. On Monday, the 23rd of December, about eleven o'clock, the prisoner came and offered a gold chain, two brooches, and two rings in pledge—I asked her whose property they were—she selected a fine gold neck-chain and a lady's chain, and said that was the property of her husband—that excited my suspicion—I detained her for an hour—the policeman then came round with a description of the property, and I gave her in charge, finding the articles were named in the list he produced.
WILLIAM HOLDER. I am a policeman. On Monday morning, the 23rd of December, in consequence of information, I went to the pawnbroker's, and among others to Mr. Burgess, and produced a list of the articles stolen—I found the prisoner in the shop, and took her into custody.
FRANCES CORNISH. I am a laundress, and live in Bedfordbury. On Sunday afternoon, the 22nd of December, the prisoner came to me to ask for a lodging for the night, saying she had just arrived from Norfolk—she was to sleep with me—she went away and brought some bundles, and on Monday morning she gave me some linen to wash—I was doing it when the policeman came, and he took away the bundle which she brought.
ANN CLARK. I am employed at Bow-street to search female prisoners—I searched the prisoner, and found a diamond ring, and an emerald ring in her pocket, also four sovereigns and eight shillings—I took from her person various articles of dress, which the prosecutrix claimed.
(Property produced and sworn to.)
(James Fowler, who was bound over to prove the previous conviction, did not appear.)
GUILTYof the Felony. Aged 22.— Transported for Fifteen Years
Before Mr. Justice Erskine.
539. ELLEN JOHNSON was indicted for unlawfully, maliciously, and feloniously assaulting Charles Kingsbury, on the 25th of December, and stabbing and cutting him in and upon his right arm, with intent to maim and disable him.—2nd COUNT, stating her intent to be to do him some grievous bodily harm.
CHARLES KINGSBURY. I keep the King's Arms public-house, Kentstreet, in the Borough. On the 25th of December the prisoner came to my house between eight and nine o'clock—there was another woman in the house, but I do not know her name—the prisoner was quarrelling with a man named Reuben Walker, about a quarter of an hour after she came in—I went into the tap-room, and desired her to be peaceable, or I would put her out of the house—I put her back from Walker for a few minutes—I had only put her back to another part of the tap-room—I returned to the bar—she began quarrelling again with the same person—I went into the tap-room, and desired her to be quiet—she would not—she was quarrelling and abusing the people—I said I would not have anybody in the place interrupted, and told her to be quiet—she was rather abusive
then—I did not particularly hear what she was saying—I then put her out of the house—I went in behind her, put my arms round her, lifted her off the ground, and carried her out at the door, and when she got outside she stabbed me on the arm—I was just that instant letting go of her—I cannot say what she struck me with—I did not see any thing in her hand—I felt a blow, but could not feel that I was cut at the time—when I held my arm down I felt something running very warm down my hand, and saw it was blood—I had not struck her at all before she struck me—when I saw the blood I said, "Stop her, she has cut me, " and gave her in charge of the policeman, who was just coming towards the house on his duty—I do not know whether she said any thing, for I went to a chemist's shop close by—my arm was bleeding very fast—it was cut about an inch in length, just above the wrist—I saw her afterwards at the station-house.
REUBEN WALKER. I am a cow-keeper, and live in Griffin-yard, Church-street, Borough. On the 25th of December I went into Kingsbury's public-house between eight and nine o'clock—the prisoner followed me in—I did not know her before—I was lighting my pipe at the gas over my head, and she threw an old bonnet at it, which caused the pipe to break, and the lighted paper to fall on my head—she began to swear and quarrel—I had done nothing to her—she immediately struck me two or three times—I told her to be quiet and to sit down, or to go out of the house—she would not—the landlord came and caught hold of her, and put her out of the house—immediately after he got into the bar, she returned, and struck me as many as half-a-dozen times—she stood before me, and said she had not had a fair cut at me yet—she stood with her right hand in her bosom—the landlord tame and caught hold of her round the waist—his catching hold of her drew her hand out, and I saw a small penknife open—I could see no handle at all, only the blade—she had it between her thumb and finger—I did not see any more—I did not follow them out of the tap-room—I had not struck her at all, nor held up my arm to strike her, nor did any other person in my presence.
WILLIAM ROSS. I am a policeman. I was on duty in Kent-street on the 25th of December—I saw Mr. Kingsbury outside his house, with his arm bleeding—the prisoner was just coming out of the house after him—I did not see him have hold of her at all—his arm was bleeding when I first saw him—I took the prisoner into custody—I did not find any thing on her—I saw nothing in her hand, and saw nothing of a knife afterwards—I took her to the station-house—I have Mr. Kingsbury's coat here—there is a cut in the right sleeve, and a corresponding cut on the shirt—the shirt was given to me on the Monday morning, but I saw it at the time—the blood was all wet then, as if fresh, and I saw the cut on the arm—it was then bleeding—I saw no blood on the prisoner.
JOHN THOMAS NEWBURY. I am a student at Guy's Hospital. On the 25th of December I was assistant to Mr. Odling, of High-street, Borough—I saw Kingsbury about nine o'clock that day in Mr. Odling's shop—I examined his right arm—he had a wound about an inch long on the back part of the fore-arm—I did not probe it—it appeared deep, and to have been inflicted with a small instrument, not very sharp—it might have been inflicted by a small penknife—it was not bleeding at that time—it appeared to have been inflicted a few minutes before—he appeared very faint.
Prisoner's Defence. I was very tipsy, and do not recollect any thing
about the knife—it is a thing I never carry about with me—I am very sorry—I never had a row since I have used his house.
GUILTYof an Assault only. Aged 24.— Confined Twelve Months
Before Mr. Sergeant Arabin.
540. THOMAS WALPOLE was indicted for stealing, on the 3rd of December, 1 sovereign, 4 half-crowns, 23 shillings, 20 pence, and 16 halfpence, the monies of John Gurney Kelly Burt, his master; to which he pleaded
GUILTY.Aged 13.— Transported for Seven Years
Before Mr. Common Sergeant.
MR. DOANE conducted the Prosecution.
ANN RIVERS. I am the wife of John Henry Rivers, who keeps the Fox and Hounds public-house, Gilbert-street, Southwark-bridge. On the 17th of December, between five and six o'clock, the prisoner came for a pint of porter—I served her—she gave me a bad shilling, but I did not see that it was bad then—I gave her change, and put the shilling into the till, where there was no other—I went to the till in the course of a quarter of an hour, took out the shilling, and found it was bad—I placed it on the bar-parlour mantlepiece, under the foot of the looking-glass—it remained there till the evening of the 26th, when my husband gave me a bad shilling which he had just taken—I marked that, and the one I had taken of the prisoner on the 17th—I gave them to the policeman—these are them—(looking at them)—this is the one I took on the 17th.
JOHN HENRY RIVERS. I am the witness's husband. On the 26th of December the prisoner came for a pint of porter—she gave me a counterfeit shilling—I turned round to my wife, and called her attention to the prisoner, as she had been to the house previously—I then said, "You are very well aware what you gave me; it is a bad shilling"—she said, "A bad shilling? It is not a bad one"—I turned to my wife, and said, "It not this the party that passed a bad shilling to you? "—she said it was—the prisoner denied it—I sent for the policeman, and gave her in charge—I gave the shilling to my wife—she marked it, and gave that and the other to the policeman.
THOMAS CURTIS. I am bar-man to Mr. Surr, who keeps the Monument public-house in Union-street, Southwark. On the 24th of December the prisoner came for a quartern of gin—she gave me a shilling, and I gave her change—I found the shilling was bad before I put it into the till, but the prisoner was out of sight by that time—I put the shilling on a cordial cask, and afterwards marked it, and gave it to the officer—on the 26th she came again for a pint of beer—she gave me a bad shilling—I said it was bad—she took it, and went away.
GEORGE STEVENSON, (police-constable M55.) On the 26th of December, I was called into the Fox and Hounds public-house—I received two bad shillings from Mr. Rivers—I took the prisoner, and found on her a sixpence and a penny-piece—I went last Friday to the Monument publichouse, and received this other shilling from Curtis.
Prisoner's Defence. I had not a bit of food for myself or my child, and
on boxing-day I pledged for 4s., and one of the shillings I took of the pawnbroker I offered to Mr. Rivers—the first shilling I did not pass.
GUILTY.Aged 30.— Confined Six Months
542. ELIZABETH MORGAN and ANN PERRY were indicted for stealing, on the 27th of December, 1 cloth cap, value 1s., the goods of William James Gapper: 7 yards of ribbop, value 3s. 9d.; 1/2 of a yard of velvet, value 6d.; 1/2 a yard of silk, value 1s.; 2 artificial flowers, value 2s.; 1 tea-pot, value 9d.; and 1/2 a yard of woollen cloth, value 1s.; the goods of William Best Gapper, the master of Morgan.
WILLIAM BEST GAPPER. I live in Alfred-place, Waterloo-road, Lambeth; my wife is a milliner and dress-maker. I wanted a servant, and put a notice in the window—the prisoner Morgan came and said she had a niece coming from Monmouthshire—she wished her to come to me, and if I would take her she would write for her to come—she spoke of a Mr. Berry man, a builder, in Vine-street, who knew her, and she said if her niece did not come, she herself would come on the Christmas-day, as I was about having my family to see me—on Tuesday evening, the 24th of December, Morgan came, and continued in my service till I gave her in charge on the 27th—when she had got drunk, and put my house into confusion,—my wife was about discharging her, when a shift dropped from her person, but I was not present—Perry came on the morning of the 28th—I had given my son directions to detain her—he bolted and locked the door, and called me—I came down, and asked what she wanted—she said she wanted to see Miss Elizabeth Morgan—I accused her of having been at my house on the morning before, and purloining things—she said she had not, but she had come about a letter—I got a policeman, and went to No. 7, Peter's-lane, Cow-cross—we there found a person who said he was Perry's husband—I found there this tea-pot, my son's cap, and the other articles stated in the indictment, which I can swear to.
Cross-examined by MR. BEST. Q. You knew nothing of Morgan before? A. Not till she called at my house seven or eight days before the 24th.
SUSANNAH MURFIN. I work for Mrs. Gapper. I was going to work a little before nine o'clock in the morning, on the 27th of December, and saw Perry coming out of Mrs. Gapper's, she appeared to be quite loaded, but she had a cloak on—I know this little boy's cap.
Cross-examined. Q. What sort of a morning was it? A. A wet morning.
WILLIAM JAMES GAPPER. I was in the kitchen on the evening of the 27th of December, and saw the shift drop from Morgan's petticoats behind her—I took it to my mamma—she said it was hers, and she could swear to it—this is the shift—here is the mark, "E. Gapper" on it, in my father's writing—the next morning I answered the door, and Perry came in, and asked for Miss Morgan—I said, "Will you walk in, I will go and tell her"—I bolted the door, then went and told my father—he came down, and asked whether she was any relation to Morgan—she said no at first, and then she said she was her sister—she was then given in charge.
JOSEPH RANDLE (police-constable L30.) I was called to Mr. Gapper's on the morning of the 28th—I took Perry—she gave her address, No. 7, Peter's-lane—I went there, and found this tea-pot, the boy's cap, and some other things, and part of this property was found on Morgan by Bartlett
Cross-examined. Q. Where was the property? A. The cap and teapot were on the table—this ribbon and this silk was wrapped up in paper—they were not concealed.
Cross-examined. Q. Did you take them? A. No—I asked what she had about her, and she produced this property from different parts of her dress.
MR. BEST called
——BURNS.I am resident apothecary of St. Luke's Hospital. Morgan has been under my care there six times as a patient in the hospital—from what I saw of her I believe there were times when she was not capable of distinguishing right from wrong—she was discharged last in October. MORGAN— NOT GUILTY, believing her to be insane at the time of committing the offence.
PERRY— NOT GUILTY.
543. JOHN KELLY was indicted for stealing, on the 2nd of January, 1 connecting-chain, value 12s.; 1 shackle, value 1s.; and 1 iron bolt, value 4d.; the goods of the London and South Western Railway Company, his masters.
JAMES RUTHERFORD. I am smiths' foreman to the London and South Western Railway Company. I do not know that we have lost any iron in particular—this chain, shackle, and bolt are similar to what we use, but I suppose other railroads use the same sort of things—the prisoner was employed by our Company up to the day he was taken.
THOMAS EMMERSON (police-sergeant V16.) The prisoner passed me between six and seven o'clock on the 2nd of January at Nine Elms, near the railway turning—I saw he had something very heavy on his shoulder—I followed him to Vauxhall-road, and asked him what he bad got—he said, "A piece of wood"—I said, "I must look at it"—he said, "No, for G—'s sake don't look, " and he tried to get away—I found he had this iron in a basket—I took him—he told me be worked on the railway—I said, "Does this belong to the Railway Company? "—he said it did—I heard him say before the Magistrate, "It does belong to the Company; I am very sorry for what I have done."
GUILTY.Aged 30.— Confined Three Months
GUILTY.Aged 20.— Confined Three Months
545. JANE ANDERSON was indicted for stealing, on the 26th of December, 1 gown, value 16s. 1 cloak, value 1l.; 2 pairs of boots, value 10s.; 1 pair of shoes, value 4s. 1 necklace, value 5s. 1 bonnet, value 8s.; 1 waist-buckle, value 5s.; 1 purse, value 1s.; 4 spoons, value 15s.; 1 sheet, value 7s.; 1 pillow-case, value 6d.; and 1 towel, value 1s.; the goods of Thomas Soulby, her master.
THOMAS SOULBY. I live in William-street, Waterloo-road—the prisoner was in my service. On Christmas evening 1 went to bed about eleven o'clock—I laid the key of my street-door on the mantel-piece in the chamber—I had some silver spoons that evening—I put them into the tea-caddy—the gown, the cloak, and the other things mentioned in the indictment
were all safely locked up in the kitchen, and the key of the kitchen was on the mantle-piece in the chamber with the key of the street-door—about five o'clock in the morning I was alarmed by Mr. Saidler, a lodger—I got out of bed, and found my chamber-door was locked—I was locked in—my wife opened the window, and called "Police"—I missed the keys from off the mantle-piece—the policeman got in at the front window, came up stairs, and let me out—I went down, and found the kitchen-door open—I walked in, and found all the boxes open, and the drawers—I was astonished how they had got open, because I saw they were not forced—I then looked into the caddy, and saw that bad been forced—the spoons and a pair of plated nut-crackers were gone—I went up stain, and found the firstfloor doors were locked—the prisoner was gone, and all the articles stated—I have found nothing but these keys, these sheets, pillow-case, and towels.
Prisoner. They were in the pawn-shop from Christmas-eve—a person sent me to pawn them.
LOUISA SOULBY. I went to bed on Christmas evening—the prisoner came up, and unfastened my dress, and left me—I cannot tell when these sheets and pillow-cases were safe—they had been kept with other linen, and I cannot say when they were taken—on the Christmas night, when the keys were taken, only my husband and I and Mrs. Saidler and the prisoner were in the house.
Prisoner. Q. Did you not leave me the key of the kitchen-door in my own room every night? A. I did sometimes leave the kitchen-key with the prisoner, but I did not that night.
COURT. Q. Did you not leave me the key of the kitchen-door in my them all safe on Christmas afternoon.
HARRIET SAIDLER.I am the wife of William Saidler, he is in Wales. I lodge at the prosecutor's—I was awoke about ten minutes before three o'clock in the morning of the 26th of December, by the prisoner, or some person opening her bed-room—I heard them walk down stairs, and look; or unlock the kitchen-door, and from out of the kitchen they went and opened the street-door—I heard the voice of a man say, "Is all right? "—the prisoner, (or some female, said "Yes, " and they went down into the kitchen—I dared not to say any thing till all was quiet, and then I gave an alarm to the landlord.
Prisoner. Q. Did you see me, or hear me go out of the house? A. I heard some person go out of your room, and some person go up and down stairs, and some person speak to a man—I gave the alarm about half-past four o'clock.
JURY. Q. Did you hear the street-door close? A. Yes, twice, and I heard footsteps going to her room twice—I was in the front-parlour—I dared not give an alarm till I heard all was quiet.
WILLIAM COCKRILL(police-constable L108.) At a quarter-past five o'clock in the morning I was opposite the Victoria Theatre, and met the prisoner with two bonnets on her head, and a bundle under her arm—I said, "What have you got on your head, two bonnets? "—the said, "I know I have—I am going to fetch my mistress home"—I said, " What have you got under your arm? "—she said, "My young mistress's cloak, her dress, her snow-boots, and soled boots, " the story was so straightforward, that I let her go, thinking it might be so, it being Christmas night—she said her young mistress was dancing in pumps—I turned my light
on the articles, and found they were what she had described—I then went on, and went down William-street, and heard the cry of "Police"—I saw Mrs. Soulby crying "Police"—I called an officer, and we got into the house, and found the place ransacked—the door of the servant's bed-room was locked—we broke it open, and there was a candle burning in the fire-place—in searching the prisoner's bed I found this pocket, concealed between the bed and the mattress, it contained the purse, which had been taken out of Mrs. Soulby's bed-room.
Prisoner. I could not say my mistress was out dancing, when she had a house of ill fame to attend to—I never saw a policeman, nor opened my lips to any one. Witness. I have not the least doubt of her person—she spoke with a broad Scotch accent, just as she does now—I was at Unionhall on another charge, and saw her and recognized her directly—here is the tea-caddy, which had been broken open, and out of it the keys of the drawers and boxes were taken—the prisoner had returned to the house in the morning, and let herself in with the street-door key, and she bad the other keys hanging on her thumb.
LOUISA SOULBY re-examined. Yes, she came in the morning, and let herself in—I was coming up the kitchen stairs, and she had this bunch of keys in her hand—the things she had when the policemen met her, were mine.
JAMES HELLYER(police-constable L131.) I received charge of the prisoner when she came to the prosecutor's house in the morning—I did not search her at the time, but when she was locked up I found a green silk purse, and I asked the prisoner if it was hers—she said, "Yes, "—I said she should have it another time"—she then said, no, hers was a brown silk purse—I found in it three duplicates of some of this property, which was pawned.
Prisoner. I never saw the silver spoons. On Christmas morning Saidler was not timid at letting four men in at her window, and I wonder she should be timid at letting Mr. Soulby know.
HARRIET SAIDLER re-examined. I did not—I never had but one gentleman to see me, and that was my friend.
Prisoner's Defence. I know nothing of the property—I had nothing on me, nor in my possession—I cast myself on the mercy of the Court—it is ray misfortune that the first situation I got in England proved to be a brothel—Saidler has been on the town these seven years, and Soulby knows that they send gin and brandy into the parlour, and get a profit by it—I came from Edinburgh on the 21st of September.
GUILTY.Aged 19.—Recommended to mercy by the Prosecutor — Transported for Seven Years.
ADJOURNED TO MONDAY, FEBRUARY3RD, 1840.