CENTRAL CRIMINAL COURT.
FOURTH SESSION, HELD FEBRUARY 3RD, 1840.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, February 3rd, 1840, and following Days.
Before the Right Honourable Sir CHAPMAN MARSHALL, Knt., LORD MAYOR of the City of London; Sir John Williams, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Matthew Wood, Bart.; Matthias Prime Lucas, Esq.; Charles Farebrother, Esq.; Thomas Kelly, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: James Harmer, Esq.; John Lainson, Esq.; Michael Gibbs, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
MARSHALL, MAYOR. FOURTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**), that they have been more than once in custody—An obelisk† that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, February 3rd, 1840.
First Jury, Before Mr. Recorder.
MR. CLARKSON conducted the Prosecution.
THOMAS MOUNTAIN . I am clerk in the office of Mr. Burchell, the agent for the under Sheriff of Middlesex—I produce the record of the writ of trial of Harris and Pridmore—I have seen the defendant examined as a witness in the Sheriffs' Court—I remember the trial in question—he was examined on that trial, I administered the oath to him first—he was called on the part of the defendant—the action was tried Before Mr. Burchell, who acts as agent to the under Sheriff of Middlesex, and tries the causes referred to the Sheriff.
Cross-examined by MR. PHILLIPS. Q. Were you present at the trial? A. Yes, as an officer of the Court—I heard the defendant examined and cross-examined—Mr. Thomas was counsel for the defendant—Mr. Burton appeared for the plaintiff—he cross-examined the prisoner, I believe.
Q. Do you remember Mr. Burton asking Spicer whether he would swear positively that the plaintiff was the man, and his saying, "To the best of my belief he is?" A. I think Spicer pointed out the plaintiff in Court—he pointed out the man—I cannot say that I heard him say he tendered the money to that man to the best of his belief—I did not pay particular attention to the cause—he may have said so—I believe Mr. Burton cross-examined him—I cannot say he did not say "To the best of his belief"—he may have said so.
MR. CLARKSON. Q. Do you recollect to have heard any such thing from him? A. I do not.(The record was here read—The action was brought for 20l., for the occupation of certain rooms and premises; to which there was a plea, that the amount due was but 2l. 18s.; which sum, before the commencement of the action, on the 13th of September, 1839, had been tendered, to the plaintiff, and was refused.")
JAMES BURCHESS , Esq. I act at deputy to the Sheriff of Middlesex, for the trial of issues directed by the Courts at Westminster—I have been in the habit of doing so since the passing of the Act of Parliament—the terms of my appointment to the office of the Sheriff are in writing, the office has the custody of them—there is no deed of appointment, nor any instrument executed by the Sheriff that 1 am aware of—I acted as the
Sheriff's deputy, on the trial of the action of Harris and Pridmore—I presided as Judge, and deputy of the Sheriff on that trial.
Cross-examined by MR. PHILLIPS. Q. Would you have acted at all, except from the memorandum you speak of? A. Yes, I should—the memorandum is the terms on which I act—there is no written appointment—I am certain there is no deed of appointment—the memorandum is merely the terms—that is all there is in writing—I took notes as Judge in the cause.
MR. CLARKSON. Q. Have you a note of the trial? A. I have—Mr. Thomas was counsel for the defendant in the cause, and an attorney appeared for the plaintiff—the verdict was for the defendant—I remember Spicer being called as a witness for the defence—I have a note of what I took of his evidence—I only take what in my judgment is materially relative to the issue—I have taken him to say—(reads)—"He lived at No. 28, Tower-street, is a collector of rents and debts—on the 15th of August he went to No. 7, Percy-street with money—he saw the plaintiff, and gave him a paper—that the plaintiff said the account was right—that the witness pulled out of his pocket 2l. 18s., and counted it into his (the witness) hand, and offered it to the plaintiff, who refused to take it, and said it was not sufficient—on his cross-examination he said it was about four o'clock in the afternoon—it took place in the passage by the front door—that the plaintiff opened the door on his (the witness) knocking—that he went by direction of Mr. Wood, who is an attorney."
Q. Do you remember the plaintiff being at the time in Court? A. I do not—I cannot recollect whether any body was produced and identified by the witness—I cannot tell either one way or the other—it is probable it might not have been on my note if it happened.
Cross-examined by MR. PHILLIPS Q. Do you remember the witness Spicer being cross-examined as to whether he would swear positively to the plaintiff, and answering, "To the best of my belief he is—I never saw him before?" A. I cannot charge my memory with any thing beyond what is in my notes—he might have said, to the best of his belief, but I should not have taken down an answer that he said the plaintiff was the man if he had made it with that qualification, but he might have made it afterwards—it might have been said on cross-examination—I do not take down cross-examinations at length—he might have given that qualified answer, and I not have taken it down.
MR. CLARKSON. Q. You are aware that a personal tender is necessary? A. Certainly.
Q. You say you take down what is material to the issue; if there had been any hesitation on the part of the witness as to who he made the tender, is there any doubt you should have taken it? A. I think I should have taken it—I have it positively here in the examination in chief—I think if he had qualified his answer on cross-examination I should have taken it down, as I should have been obliged to put that to the Jury on summing up.
MR. THOMAS. Q. Have you read the whole of your notes of the defendant's evidence? A. Yes—a witness named Harrison was examined—I am not aware that the 2l. 18s. was paid into Court—that would appear on the record—Harrison was called for the defence—no other witnesses were examined for the defence—some of the witnesses were recalled.
Q. Do you recollect Spicer saying that he could not swear to the features
of the man? A. I cannot charge my memory with it—I have a sort of recollection that there was a question whether the plaintiff was in Court or not, but whether he was pointed out I cannot say—I do not remember a full-faced man sitting under you—the Sheriffs' names are William Evans, and John Wheelton.
Cross-examined by MR. THOMAS. Q. Do you recollect during Spicer's examination that the plaintiff sat down underneath me at the table? A. He sat by my side, underneath you—you desired the plaintiff to stand up, and then you asked Spicer whether the plaintiff was the person to whom he tendered the money—he answered that he was—I cross-examined him.
Q. In answer to a question from you, did not he say he could not describe his features? A. No—I put no such question—I have no recollection of his saying he could not have described his features, had he been questioned about them.
Q. Did not he, in answer to your question, say, "I will not swear, I believe that is the man?" A. My belief is that he did not—I could not undertake to swear to every word that came from him—I was very much engaged in the cause—I was taken by surprise by the witness—the plea of tender was on the record, but I did not expect it would be proved by anybody, because my client had told me no tender had been made—I have no recollection or belief of his saying the person to whom he tendered the money was very like the plaintiff—I will not swear he did not say so, but, to the best of my belief, he did not—I asked him if he had been pointed out since he had been in Court—he said no, he had not, except by hearing his name mentioned—he said he had never seen him before the 15th—I have no recollection whether he said he had never seen him since—I do not recollect whether I asked the question—I do not recollect whether or not I asked him if he had seen him more than once—I do not recollect his saying he would not swear to the man, but he believed he was the man; nor do I believe he said so—my impression is that he said positively he was the man—that is my belief—I believe he said positively Mr. Harris was the person to whom he tendered the money.
SAMUEL STONE . On the 5th of December I was clerk to Hodgson and Burton—I am now in the service of Mr. Sandell, of Bread-street. I attended as clerk to Messrs. Hodgson and Burton on the trial of Harris and Pridmore—I recollect the defendant—I have the notes I took of the evidence given by him in Court—I only took his cross-examination—I remember his examination in chief partially—he stated in chief, that on the 15th of August he was desired by Mr. Wood to go to the plaintiff's house and tender the money; that he went to Mr. Harris's house, knocked at the door; the door was opened by Harris; there was nobody present but themselves; he said he had brought a bill, and came to pay some money to him, and pulled it out of his pocket; that he counted 2l. 18s. into his hand, and tendered it to Mr. Harris, and Mr. Harris said it was not sufficient, and that he asked no other question—Mr. Burton cross-examined him, and I took down the substance of what he said as well as I could—(reads)—"He said he never saw the plaintiff till the day he made the tender; that it was on the 15th of August, about four o'clock in the afternoon, and that nobody was present; he knocked at the door, and it was opened by the plaintiff; he said he had come to deliver a bill for the defendant, and to
pay him some rent, and the plaintiff said it was not sufficient; the plaintiff asked no other question; he never saw Mrs. Pridmore in his life; he said he called at Mr. Collier's office when Mr. Wood desired him to make the tender—Mr. Wood is attorney for Collier—he said, I wish you to call and pay this money'—he never saw the plaintiff before"—he was desired by the learned counsel or Mr. Wood to contradict it, saying it was the clerk directed him to pay the money, not Mr. Collier's clerk—I saw Mr. Wood at the time—he was asked if he should know Mr. Harris if he saw him, and Mr. Harris was desired to stand up in Court—I am not quite sure whether it was Mr. Burton or Mr. Thomas that desired him to stand up—on his standing up, he said directly, "Yes, that is the man I tendered the money to"—he did not express any doubt of it at all—he was asked that question again, and the under Sheriff said, "He has already sworn to that fact"—I was at the Court of Queen's Bench on Friday night last, and obtained a rule absolute for a new trial of this cause.
Cross-examined by MR. THOMAS. Q. Did you hear Spicer, in answer to a question from Mr. Burton, say he could not have described the man's features? A. I do not recollect it, nor that he would not positively swear, but he believed that was the man—I do not recollect any such answer, nor any question to cause such an answer—I was there all the time—I am not aware whether Mr. Burton asked him if he had ever seen him before the day of the tender, but he said he had never seen him—I do not remember whether Mr. Burton asked him if he could swear positively to him—I should recollect it if I did hear it—I was very careful in taking down my notes, expecting I might be called on hereafter to prove them—I thought so at the time—I thought it possible—I took as full a note as I could—I will not swear that answer was not given, but it was not to my recollection—I was in the Court a few minutes after the trial—I did not hear Mr. Harris say he was at Gravesend at that time—I have Mr. Harrison's evidence here—I did not take a very full note of his evidence, it was principally Spicer's—I did not think it necessary to take much of Harrison's evidence—I did not think it likely I should be called to prove Harrison's evidence—I thought I should probably be called about Spicer, after hearing what he was swearing—I was directed, before he was examined, to take his examination as near as I possibly could—I was also directed to take Harrison's, but to be more particular with Spicer than Harrison—I took the notes at the time on the back of the copy of a notice we were going to produce in Court.
JOHN HARGRAVE HODSON . I am articled clerk in the office of Hodgson and Burton. I attended at the Rule-office, and received this rule—(this rule directed the verdict to be set aside, and a new trial had.)
Cross-examined by MR. THOMAS. Q. Were you in Court when the rule was made absolute? A. I was not.
CHARLES ROBERT HARRIS . I am the prosecutor of this indictment. I was plaintiff in the cause of Harris against Pridmore, which was tried before the under Sheriff on the 5th of December—I was present when the defendant was called as a witness—I never, to my knowledge, saw him before that occasion—I did not open the door to him at my house, in Percy-street, on the 15th of August last—I did not see him on that day—he did not put any bill into my hand of work done by Mr. Pridmore for me—he never, at that time or any other, tendered me any money—no
body ever tendered me 2l., 18s., or any other sum, in this cause—he did not count out any money before me, or offer it to me—I never refused to the prisoner or any other person any sum of money in the cause, saying it was not sufficient—if it had been tendered, most likely I should have taken it—on Saturday afternoon, the 10th of August, I went down to Gravesend to my family, who were there—I returned on Monday afternoon, and when I got home a message was left that two men who were at work at Mr. Crawley's, at Highgate, had struck for wages—on the following morning, Tuesday, the 13th, I went to my foreman, who was at work with some other men in Park-street, at the house of Mr. Basset—I consulted him on the best thing to be done, and went up to Mr. Crawley's, at Highgate—I came home about six or half-past six o'clock on the 13th—on the morning of the 14th I left at six o'clock, took on an extra man, and went up to Highgate—I started from Highgate at half-past six o'clock to walk home—I got home at nine o'clock—on Thursday morning, the 15th, I left my house at six o'clock, and walked to Highgate with the whole of my men—Henry Hall, one of them, came and called me up, and John Chapman accompanied me—I had left Mason, my apprentice, at Highgate the day before—I got home that evening at nine o'clock—I was not at home at four o'clock, or any thing like that, on the 15th.
Q. Were you at home at all at any time, to any person who knocked at the door and asked you for Mr. Harris, and you said you were Mr. Harris, and he then tendered you some money? A. No, never.
COURT. Q. Where were you on the 16th? A. I left my house at six o'clock in the morning, and went up to Mr. Crawley's—I started from there about seven and got home about nine o'clock—on Saturday, the 17th, I left Mr. Crawley's about two or half-past two o'clock, and went down to the steam-packet-office to meet my-wife, to go to Gravesend—I returned on Monday morning—I left no one but my wife at home on these days—a Mr. Chambers lodged in the first floor, but he was in Holland the whole of that month.
Cross-examined by MR. THOMAS. Q. I understand you to say it was nine o'clock, on the 15th, when you got home from Highgate? A. About half-past eight, or nine o'clock—I may have said it was between eight and nine o'clock—I do not think I have said it was eight o'clock—I will swear I have not—it was near nine o'clock—nearer nine than eight o'clock, and it was near the same time on the 16th—I left Highgate at half-past six o'clock—I recollect the day of trial at the Sheriff's Court—I recollect standing up at your request—Spicer did not say, in answer to a question by Mr. Burton, that he would not swear positively that I was the person he tendered the money to—I understood him to swear that I was the person—distinctly and positively that I was the person—I swear that—he was asked whether he had ever seen me before, and he said that he saw me on that day, but never before—he was asked whether he had ever seen me since, and he said, "No, not until I saw him in court; he was pointed out to me in the court by some gentleman"—I have a distinct recollection that that was his answer—he did not say I had never been pointed out—Mr. Burton asked him whether he would swear positively I was the person to whom he tendered the money, and Mr. Burchell said he had already sworn to that fact—I swear that he swore positively I was the man—I did not have any conversation with any of the parties in the cause after I left the Court.
Q. Did you say, while you remained in or about the court, that you knew he had spoken untruly, because you were at Gravesend that day? A. I do not recollect saying I was at Gravesend that day—I said to Mr. Wood, I believe, that he (Spicer) had committed perjury, and I thought he had conspired to do so, and if I could bring it home I would—I might have said I was at Gravesend that day—I will not say whether I did or not—I was in the habit of going to Gravesend on Wednesdays and returning on Thursdays—I will swear I did not say he had spoken falsely because I was at Gravesend that day—I do not recollect making any observation about Gravesend at all—I might have said I was at Gravesend that day, but not that he had spoken falsely because I was there that day.
Q. Did you say you knew he bad spoken falsely, for you were at Gravesend on that 15th of August, or words to that effect? A. I will not swear that—I will not swear whether I did or did not—I might have been at Gravesend that day, because I was in the habit of going down occasionally on Wednesday and returning on Thursday—I had a recollection, while at the Court, that such might have been the case, and I might have said so—I had a recollection that I went down occasionally, and it might have been that day—I will not say whether or not I said I was at Gravesend on the 15th—I do not recollect whether or not I said anything about Gravesend—I said if there was a possibility of bringing it home, as the man had perjured himself, I certainly would do it.
Q. Had Mrs. Pridmore offered you the money for this rent before she left? A. No—that I swear—she never tendered me any money since she paid me the last quarter's rent—she did not give me notice to quit—I gave her notice—she quitted before the quarter day—she had given me a verbal notice three quarters of a year before—she gave me notice, about Christmas, that she intended to go in March—she might have gone if she pleased—I did not care whether she went or stopped—she was ill at the time that quarter expired—I did not say, as she was ill I would not turn her out, and she might remain in—I swear that—she remained till the quarter afterwards—I might have told her she might remain as she was ill—I will not swear whether I did or not—very probably I did, but I do not recollect—I must have given her leave to stop, but I do not recollect having any conversation with her about it—I did not give her leave to pay by the week or month, and go when she was well—I never gave her leave to go when she liked—I do not recollect whether I agreed to take such rent as should accrue due for the time that she remained—she paid the March quarter, and the next to that—the 2l. 18s. paid into Court was for the time after that—it ought to have been paid up to September—the sum due was 7l. 10s.—I claimed a quarter—I do not know that my solicitor has taken the money out of Court that was paid in—I do not know whether Mrs. Pridmore was ill at the end of the June quarter—I very seldom saw her—she did not before she left offer to pay me the money due for the time she had been there, nor did any one—I swear that.
COURT. Q. Would the 2l. 18s. have been the fractional sum, provided she had been allowed to go away in the middle of the quarter? A. It should have been 3l. 15s., but there was a set-off of 15s.
AMOS HALL I am a plumber, painter, and glazier. In August last I was working for Mr. Harris, at Mr. Crawley's, at Highgate—we were working there on Thursday the 15th—Mr. Harris was with me—he remained there the whole day down to six o'clock—I came to town every day—I
started for Highgate at half-past six o'clock as near as possible with my master—I sent to his house for him to call at my place, and we went together—I was working there the day before,(Wednesday)and on Friday and Saturday, and for a week after.
Cross-examined by MR. THOMAS. Q. How do you recollect the day of the month? A. I took on a man on Wednesday on purpose to go down to that job—we went down on the 14th—I finished a job in the park on the 12th—I am a journeyman, and do work for myself as well—I keep a book of dates—I have not got it with me—I have not been refreshing my memory from that book—I remember the case perfectly well—I have seen the book since this matter has been going on, for I have entered things in it—I do not recollect whether I have referred to these dates—I have referred to the book—it was by referring that I ascertained these dates, but I have a bill which will prove it—it is not in my own hand-writing.
MR. CLARKSON. Q. Where do you live? A. At No. 33, John-street, Tottenham Court-road—it would take me half or three-quarters of an hour to fetch my book—I finished a plumbing job for Mr. Harris on Monday the 12th—I recollect that perfectly without the book, and I went to High-gate on the Wednesday—I am positive of that—I went down on a plate-glass van belonging to Mr. Varney—a journeyman, named Bevis, Mason, the apprentice, John Chapman, and my brother Henry went with me.
MR. THOMAS. Q. Were you at the trial? A. I was there, but I was not called—I was not spoken to at that time about where I was on these days—my master did not say any thing to me—I did not hear him say he was at Gravesend on the 15th of August—I know he was not—I did not hear him say he believed he was at Gravesend—I did not say any thing to Mr. Harris about the 15th of August on the day of the trial, nor to Mr. Burton, or any body—I did not then recollect where I had been on the 15th—I did not think of it—I heard the evidence given in the cause—I was in Court all the time—I cannot tell how soon after that I heard of the date—it might be a fortnight after, or less—I did not mention to any body that it was the 15th—I mentioned it to my brother—I do not know when it first came to my mind that I was at Highgate on the 15th—I was not directed to look at my book—I looked at my papers—I do not know that I did at the book—I have looked at the book several times, but not to ascertain the date—here are my papers that will prove it.
MR. CLARKSON Q. Did you go over the house of Mr. Harris after Pridmore had left it? A. I was in the house, I saw the state it was in as to dilapidation—that was the reason I was brought to the Sheriff's Court.
HENRY HALL . I am a painter, and am brother of the last witness. I was at work for Mr. Harris, at the house of Mr. Crawley, at Highgate, in August last, with my brother and some more men, and my master—I went on the job on Wednesday, the 14th of August—I went from London every day with my master, until Saturday morning—on Thursday morning, the 15th, we started at six o'clock, and came home at half-past six o'clock in the evening, together—we went up in a plate-glass van—we walked home—my master accompanied us part of the way home—he left us at Camdentown—I cannot say exactly at what time—I worked there on the 16th and 17th, as well.
Cross-examined by MR. THOMAS. Q. Till how late? A. Till half-past six o'clock at night—my master left before me on the 17th, but on the 15th we walked home together—I parted with him at Camden-town—
it would take about an hour to walk from there to Percy-street—I should think it was very near eight o'clock when we parted at Camden-town, half-past seven or eight o'clock—I do not keep any account of dates—I recollect that I went on the job on the 14th, because my brother was there, and he said it was on the 14th—that is the only way I recollect—I was in Court on the day of trial—I heard Mr. Burton cross-examine Spicer—he said that was Mr. Harris—I did not hear him say, in answer to Mr. Burton, that he would not swear positively, but he believed he was the man—I do not remember distinctly what I did hear.
MR. CLARKSON. Q. You were there to speak to the dilapidations? A. Yes.
JOHN CHAPMAN . I am a painter and glazier. I worked for Mr. Harris, in August last, at Mr. Crawley's, at Highgate—I do not know when the job began, I began on the 14th—I worked there about a fortnight altogether, or it might be more, I cannot say exactly—when I went from town, on the 14th, I went on a van, with Mr. Harris and several others—it was about seven o'clock when we got to Mr. Crawley's—I staid there till about half-past six or seven o'clock in the evening—Mr. Harris and several men came back with me—Mr. Harris was there the whole time—we walked home—on Thursday, the 15th, I think, I went about the same time—Mr. Harris called for me at No. 33, John-street, and we walked across the fields to Camden-town, and the circumstance of a dog there made me notice it more than any thing else—we came home about the same time that day—Mr. Harris accompanied us—he was there all the time—he was placing up some pillars the greater part of the day—he was working himself, and superintending the work—I went on Friday, but not with Mr. Harris—he was there that day at work—he came home on Friday about the same time as before—I do not think he could have been at his own house at four o'clock, on Wednesday, Thursday, Friday, or Saturday.
Q. Have you any means of fixing the date at all? A. I wrote a letter on the 13th, which I have not here now—I had been out of work for some time, and the day before I went to Highgate I wrote the letter.
Cross-examined by MR. THOMAS. Q. Do you say he could not have been at his house on the 15th, at four o'clock? A. I do not believe he could, for he was at Highgate all day, and with us, till very near eight o'clock at night, for he walked home with us, and left us at the Mother Red-cap public-house—by the time we got to the Mother Red-cap it was eight o'clock, I suppose—we left Highgate at very near seven o'clock—it might be half-past six o'clock—and the next day we left about the same time—he remained with us every day the first week I went to work—I cannot recollect whether he did afterwards, or not—I did not notice so much—he went away before us on the Saturday—at least he did not go away with us—I should say he might have left about four o'clock—it was nigher four than three o'clock—I was not in the Court on the day of the trial—my attention was first called to the date about a month ago, by Amos Hall—he told me Mr. Harris wanted to speak to me about what time I was at work at Highgate, and I went and spoke to Mr. Harris.
MR. CLARKSON. Q. Did you see Mr. Harris go away on the Saturday, or did you only know you went home without him? A. I know he did not come home with us—he brought us money on the Saturday morning—he went away about four o'clock—I did not see him after four, or between three and four o'clock.
GEORGE MASON . I am apprentice to Mr. Harris. I remember going to this job at Mr. Crawley's, at Highgate—I first went on Monday, the 12th I went in a plate-glass van, with several of the men and my master—I went up on Wednesday the 14th with my master—we started at six o'clock in the morning, and I remained at Highgate for a week—I saw my master there about eight o'clock on Thursday morning, the 15th, and he remained until past six o'clock—I saw him there as late as six o'clock—I do not remember whether I saw him there on Friday morning—I think I did—I cannot positively say.
Cross-examined by MR. THOMAS. Q. You swear you saw him at Highgate at six o'clock in the evening of the 15th? A. Yes—I did not come home with him—I do not remember what time he remained the other days—I do not remember where he was the day before I went to the job—I believe he was at Gravesend on the Saturday evening—I do not recollect whether he was at home some days before I went to the job at Highgate.
MR. THOMAS called
CHARLES HARRISON . I am Mrs. Pridmore's brother, and am a tailor, residing in Poland-street, Oxford-street. Mr. Harris was on terms of friendship with me and Mr. Pridmore some short time ago, before my sister left, and before the action was brought—we were on visiting terms—I recollect his sending for me respecting my sister about the time she was going to leave—she had been ill for some time previous—I met Mr. Harris in Rathbone-place, with a friend of his—he said he wished to see me concerning my sister continuing in his house, as he was about to let the apartments—I said my sister would be glad to leave as soon as convenient—he said he wished me to communicate to her that she was perfectly at liberty to remain there as a weekly tenant until it was perfectly convenient for her to move, as he would be the last man in the world to take advantage of a female in the absence of her husband; he knew she was too unwell to be spoken to by him, and therefore he wished me to communicate it to her, and that all be expected was the rent to be paid up to the day she left, whether it was a fortnight, a month, or more—I was examined as a witness on the trial—I saw Mr. Harris there after the trial was over, and heard him say, "I will indict Spicer for perjury; I was at Gravesend at the time he says he called on me"—I did not hear Mr. Burton cross-examine Spicer—I was out of Court at the time.
MR. CLARKSON. Q. How long have you been a tailor? A. Perhaps two years—I never kept a shop, and was never apprenticed to any tailor—I never learnt the business—I learnt the cutting, of a person named Folkard, a master-tailor, who lived at No. 17, Henrietta-street, Cavendish-square, at that time—I was a publican previous to that, and before that I was valet to Lord William Lenox for ten years—I have a recommendation from his lordship now—I left him expressly to enter business as a publican—I was a publican about two years—I had two houses—the first was the Queen's Head public-house, in Little Pultney-street, where I staid seven months, I believe—I gave it up because it did not answer my purpose to remain—I then went to the Three Horse Shoes public-house, in Milford-lane—I was there about sixteen months—I left because it did not answer my purpose to remain—I left Lord Lenox in 1835, in March, 1836, I went to the Queen's Head public-house, and in February, 1837, I think, I took the Three Horse Shoes—I left there, I think, in February, 1839—I succeeded in business at the Queen's Head public-house—it was a very
good business, but I expected to do better by taking another house, and failed in the attempt—I did not succeed at the Three Hone Shoes—I have known Mr. Wood, I think, two or three years; not longer, I think—I did not know him when I was with Lord Lenox—I became acquainted with him in the first instance through Pridmore's business—he was engaged for Pridmore—I believe Mr. Wood was his man of business in any business he had to transact—he managed the business for an attorney, I understood, as managing clerk—I understood so from himself, a year ago last July.
Q. But you knew him two or three years ago? A. But I did not know how he was engaged in business, whether he was engaged for himself—I became intimately acquainted with him through Pridmore's business—I visited him—he lived in Chancery-lane—I have seen Mr. Collier, the attorney, very often at his office in Chancery-lane, where his name is over the door; at Collier and Wood's office—he is an old man—I do not know where he lives—I only know where he transacts his business—I am not aware whether he has any other clerk besides Mr. Wood—I have seen other persons there engaged in business—I am carrying on business as a master tailor now—my name is on the door—I am not the house keeper—I occupy the ground-floor—Mr. Cattermole is my landlord—he will give you every satisfaction—I cannot tell the date of my interview with Mr. Harris—it was the end of June, or beginning of July—perhaps Mr. Harris's friend could state that, but he will not—I do not suppose he would bring him forward against himself—I cannot state on what day of the week it was, but to the best of my belief it was on a Thursday—I was to meet him at his own house, and I have a witness in Court who took the message, (William Taylor, my foreman)—I was out at the time the message came—I went to his house—he was not at home—I left word I would call again at two o'clock, and on my way there I met him with a friend—Mr. Harris left his friend, crossed the road, shook hands with me, had the conversation relative to this business, shook hands again, and left—I communicated what had happened to my sister, Mrs. Pridmore, on the same day—I left Mr. Harris in Rathbone-place—he proceeded to Oxford-street, and I to Percy-street—his sister or the servant let me in—I went up stairs, saw my sister, and told her what had happened—my sister had three rooms there, two on the second-floor, and one above—I saw her in the bed-room, which is a small room on the left hand—her husband was engaged in the country at that period—there is a person called Mrs. Harris—I do not know whether she is the prosecutor's wife.
MARY PAIDMORE . I am now living in Great Ormond-street. My husband was defendant in the action of Harris against Pridmore—I lived at Mr. Harris's, in Percy-street—I was very ill for a length of time, and stopped there after the full quarter, as a weekly tenant—Mr. Harris and all my friends knew that—when I left I went to Mr. Harris's room, and offered him the money that was due up to the time I left, and he refused to take it—he said he would not take it—I asked the reason—he said because he would go and see what damage had been done to the rooms, and I gave him the keys, and left that same evening—Mr. Harris knew the whole of the time that I was stopping as a weekly tenant, because my husband was in the country, and of course he knew that directly he came back, and I was able, I should move—it was 2l. 18s. I offered him, which was the amount of the weekly money up to the time I left—Mr. Harris, my brother, my
husband, and I had been on visiting terms—Mr. and Mrs. Harris sometimes spent an evening in our apartments—if Mr. Harris has sworn that I never offered to pay him any money it is certainly not true—I offered to pay him, and when he refused to take it, I left that same evening, Mr. Pridmore then directed his attorney to pay Mr. Harris the money—my husband is here—Mr. Collier is our attorney, and Mr. Wood—I believe they had been concerned in my husband's affairs before—he kept a public-house in Tottenham Court-road, and they settled our affairs when we left—I left Mr. Harris on the 5th of August—the quarterly rent was 7l. or 7l. 10s., but I never paid a whole quarter's rent to Mr. Harris—he always received it by instalments—there was an account between us—Mr. Harris sometimes borrowed money from us.
MR. CLARKSON. Q. You know Mr. Collier, do you? A. Yes, I have seen him—I cannot say when I first saw him—I suppose it is a year ago—I knew Mr. Wood first—I have known him about the same time as Mr. Collier—I do not know exactly how I first became acquainted with him—he transacted business for Mr. Pridmore—it is a year and half ago that my husband was a publican—he has not always been a publican—he was an independent man before that—he had private property, and we lived on an estate of our own—he took to the public line—he did not fail, but we lost a good deal of money—the public-house had no name to it, it was a wine vaults—we were there between two and three years—he has not been in any other business—he was in the fanning and grazing line—he is not any thing now—he has apartments in Frith-street, Soho—I have boarded and lodged with Mrs. Warne, in Ormond-street, ever since I left Percy-street—I cannot say how my husband gets his living—he would he very happy to get into some occupation—I do nothing for my living—I am living with a friend at present—I do not live rent free—I have not paid her any rent yet—I suppose as soon as my husband can get some occupation he will pay her—my husband has been out of business ever since we lost our property in Tottenham Court-road—he has been distressed in circumstances since then—it is very different to any thing we have been accustomed to—we have not been able to keep a home of our own for some time—I havenot any money, but I board and lodge with Mrs. Wame, and consequently I do not require any.
Q. Where did the 2l. 18s. come from which you tendered to Mr. Harris? A. From Mr. Pridmore—when he came from the country he brought money to pay expenses that had been incurred—he was at the lodging for some time before I left—he brought the money to the lodging last August, and I offered it to Mr. Harris—my husband did not see me offer it—he said as I had had the transactions with Mr. Harris in paying our money, I had better do so then—he might have seen Mr. Harris if he liked—I wished him very much to do so, and wished him to offer the money to Mr. Harris.
MR. THOMAS. Q. During the time you were in Percy-street, was he a good while away in the country? A. Yes—I do not know whether he has property which he expects to obtain—he has some—he sent me money occasionally from the country while I was in Percy-street—he did not come up till he came in August—he had some business to settle down there which detained him.
the prisoner—I heard him cross-examined by Mr. Burton—I saw Mr. Harris there—I never saw him in my life before—I recollect Spicer being asked in cross-examination whether he would swear positively to Mr. Harris being the person to whom he tendered the money, and I believe he said to the best of his knowledge he was the man—after the trial was over Mr. Harris came up to Mr. Wood, and said, "Is your name Wood?"—he said, "Yes," and Mr. Harris said he would indict Spicer for perjury, for the day he said he tendered the money, he was at Gravesend—that was all that passed that I heard—I should not know Mr. Harris again if I were to see him.
MR. CLARKSON. Q. What are you? A. A cheesemonger, and live in Wellington-place, St. John's-row, City-road. I went to the Court on business to see Mr. Wood—I had been to Mr. Collier's office, and was informed he was at the Sheriffs' Court, and I went there to see him about some debts—I staid there about an hour—I cannot swear that Spicer said he believed Mr. Harris was the man, but to the best of my knowledge that is what he said—I did not take particular notice of it—I staid there till the cause was over.
EDWARD HARDING WOOD . I managed the cause of Harris and Pridmore—I know the prisoner—I employed him to take the 2l. 18s. to the plaintiff, Mr. Harris, on the 15th of August—it was about three o'clock, to the best of my recollection—he was to take it to a person named Harris, at No. 7, Percy-street, Tottenham Court-road—the action was brought in October—the rule was issued on the 1st of October, and appearance entered on the 14th of October—Mr. Pridmore called on me on the 7th—I heard Spicer examined at the Sheriffs' Court, and cross-examined by Mr. Burton—Mr. Burton said, "Can you swear positively that is Mr. Harris?"—Spicer said, "I can't swear positively, but I believe him to be the man"—I remember that distinctly, and you called my recollection to it at the time, if you remember, in the Court.
Q. Did you after this pay him for doing that business of tendering the money for you? A. After he had gone with the tender, and brought the money back, not after the trial—I should say I paid him three or four days afterwards—it was 3s. 6d. or 4s.—I think he brought me the money back the same evening—to the best of my recollection I said, "You tender this money, and make a note of it"—I am almost certain he brought it me back the same evening, for I was playing at billiards at the time under the office—I did not pay him the 3s. 6d. that day—I did the following day, I think, or a day or so after—I did not expect any thing would be brought up about it or I should have made a note of it—I paid the 2l. 18s. into Court—the difference of expense in paying the money into Court, and pleading a plea of tender and payment into Court is about 2l. 10s.—that is not the price of a writ—a writ would only be 1l. 6s. for a sum under 20l.—you may pay money into Court without pleading a tender.
MR. CLARKSON. Q. Pray, Mr. Wood, how long have you been practising in the profession? A. I have been in the profession all my life, and have had experience in this Court as well as others, and so has Mr. Collier—I am not aware of Mr. Collier being brought here on any indictment—he has not been discharged under the Insolvent Act—I have made an affidavit that I am Mr. Collier's managing clerk on this very rule—Mr. Collier's name is not on one side the office and mine on the other—there is Mr. Collier's name and my name there too—it is not written up, "Mr.
Wood's offices"—it has been latterly, for this last six or nine months—it was altered six or nine months ago—Mr. Collier has another clerk, named Howell—I have been his clerk four years—I have never practised in my own name—I may have put my name to a brief—you have had many a brief from me, and therefore you take it from that—I was sitting by the side of Mr. Thomas to-day when the witnesses for the defence were sent out of Court—I was not a witness in the brief at that time—I was not aware at that time that I was to be called as a witness—I found out from your introduction to the Jury that I was to be a witness, but I did not know I was to be called on; besides, there was no one but myself here to conduct this case or to instruct Mr. Thomas—Mr. Collier is at home—I have known the prisoner four or five years, or it may be six; not more—I became acquainted with him by his repeatedly calling at our office in Chancery-lane, and meeting him at various places—I knew him when he kept a public-house—I did not go to his house—I know he kept a public-house somewhere over the water—I cannot say how long he was a publican—I have employed him several times to serve writs—I never employed him to attend at the Judges' chambers, or to take out summonses—I have seen him once at the Judges' chambers—that was at the time this cause was pending, it was about going before the Judge about a summons to get a rule of Court for the following term—I have once before called him as a witness on a trial; never but once—that was about four or five months ago, in the cause of Haley and Burton, in the Sheriffs Court—he did not prove a tender in that case—he proved an acknowledgment of a debt which he had to collect—Haley is brother-in-law to Spicer, and he brought an action against one of his customers, who would not pay his score—Spicer was authorised to get it in, and he was merely-called to prove that—he does not keep any shop.
Q. Recollect yourself, and tell me whether he did come back to you on the night of the 15th with that 2l. 18s.? A. I think he did—I have no doubt about it, now I come to recollect—I think he came back between ten and eleven o'clock at night—he said he had been to Mr. Harris's, and Mr. Harris said he would not take the money—that was on the evening of the day I had given it to him—I desired him to make a memorandum of it—I should have tendered the money myself, but in consequence of several people being in the billiard-room I went down to have a game, and sent Spicer—I have not kept the note he made—he entered it himself in one of his own books—he brought it to me, and showed me the entry—there was no "four o'clock" on it, to my recollection—I heard him state when he was examined that he was there at four o'clock—I did not appear as a witness myself—I made an affidavit to oppose the summons before the Judge—there was no occasion to make one to oppose the new trial—it would only have been throwing money away—the affidavit is filed—I am certain I represented that I handed the money to this man to tender—I swear I did give him the money to tender.
Q. Did you say so in your affidavit? A. That was not the question at all then—I have repeatedly employed this man to serve writs for me, perhaps twenty times—I cannot tell the last time—he went to serve a writ in Haley and Burton's case four or five months ago, but he repeatedly calls at Chancery-lane, and if a notice is to be given he can get 1s. by it—he calls nearly every day I believe—he calls three or four times a week—he never sits in Mr. Collier's office—he has sat there when I have any thing
for him to do—he has no writing there, except he writes a letter in the way of his own business—he never filled up any law papers there—I do not think he is fit to do that—I swear he never did in my presence, nor have I ever seen any filled up by him—he lives in Tower-street—he sometimes comes three or four times a day—I will not say that he comes five or six times a day.
GUILTY . Aged 43.— Judgment respited.
NEW COURT.—Monday, February 3rd, 1840.
Fifth Jury, Before Mr. Sergeant Arabin.
NOT GUILTY .
GUILTY . Aged 11.— Confined Four Days—the last day solitary.
549. JANE THOMPSON was indicted for stealing, on the 10th of December, 132 yards of ribbon, value 3l.; 56 yards of lace, value 3l.; 2 pairs of gloves, value 4s.; 1 pair of mitts, value 6d.; and 2 scarfs, value 6s.; the goods of Sarah Goodwin; to which she pleaded
GUILTY . Aged 22.— Transported for Seven Years.— Recommended to the Penitentiary for One Year.
550. JAMES FISHER was indicted for stealing, on the 25th of January, 1 pair of trowsers, value 5s.; and 1 handkerchief, value 4d.; the goods of Thomas Bruce; in a vessel in a port of entry and discharge.
THOMAS PARSONS . I am a watchman of the London Dock, which is a port of entry and discharge. On the 25th of January, I met the prisoner in the dock carrying something—I asked what he had got—he said a pair of trowsers which he had brought into the dock, and was going to take them out—I detained him, and found the owner.
THOMAS BRUCE . I belong to a ship lying in the dock, which came from Leith. I left these trowsers in my chest, which was not locked—it was in the forecastle, on board the ship—both these articles are mine—(looking at the handkerchief and trowsers)—the prisoner did not belong to the ship—I saw them safe on Friday, the 24th of January—we came into the dock on the Wednesday.
GEORGE DIX . I am a constable of the London Docks. The prisoner was brought in custody with the trowsers—I asked where he got them—he said he bought a suit of clothes at Hart's, in Ratcliffe-highway, and these were part of them—he does not work in the docks, and had no right there.
Prisoner's Defence. I bought these trowsers at the same time that I did the waistcoat I now have on.
GUILTY .* Aged 25.— Transported for Ten Years.
to the back of the counter—this box of raisins was within two yards of the shop-door—I saw the prisoner lake it—I overtook her at the corner of Albemarle-street with it, and gave her to a policeman—they are my master's.
Prisoner's Defence. I was very much in liquor.
GUILTY . Aged 20.— Confined Six Weeks.
WILLIAM STEVENS . I am a printer, and live near the prosecutor, who is a cheesemonger, in Carnaby-street. On the 21st of January, I saw the prisoner and another boy, and watched them—they first came and looked into Mr. King's shop, and then into the prosecutor's shop—they walked twice back, and then the prisoner went in and took the bacon off the board—I called out "Stop thief," and he threw it down—the other boy got away.
GUILTY . Aged 18.— Confined Three Months.
OLD COURT.—Tuesday, February 4th, 1840.
Second Jury, Before Mr. Recorder.
GUILTY . Aged 51.— Confined Seven Days.
GUILTY . Aged 26.— Confined Six Months—Penitentiary.
GUILTY . Aged 58.— Confined Twelve Months—Penitentiary.
NEW COURT.—Tuesday, February 4th, 1840.
Sixth Jury, before Mr. Common Sergeant.
556. ANN SMITH was indicted for feloniously forging a request for the delivery of goods, with intent to defraud William White and others.—2nd COUNT, for feloniously uttering the same; to which she pleaded
GUILTY . Aged 20.— Confined Two Years.
GUILTY . Aged 28.— Confined Six Months.
GUILTY . Aged 13.— Confined Two Months.
GUILTY . Aged 14.— Confined Six Months.
PETER HOWARD . I live in Stangate-street, Lambeth. About two o'clock on the 16th of January I was in Parliament-street, and my pocket was picked of my handkerchief—I had used it half a minute before—the policeman called me, and the handkerchief was produced—the prisoners were then close to me.
GEORGE SMITH (police-constable L 119.) I was on duty in private clothes at the time the Queen was going to the House of Lords.—I and Wright had been following the two prisoners for about an hour, and saw them attempt several pockets—just as the Queen was passing, they went behind the prosecutor—Wright made a move, I took hold of Machin, and took this handkerchief out of his hand.
Sambrook. Q. Did you see me at any time stand by Machin? A. Yes, certainly I did.
SAMUEL WRIGHT (police-constable P 172.) I was in Parliament-street, I saw the prisoners for about an hour, attempting several gentlemen's pockets—I followed them—they were in company together, and talking several times—Machin tried the prosecutor's pocket, and the other stood by ready to receive it—they were taken—I saw the handkerchief taken from Machin's hand.
Sambrook. Q. Where was my hand? A. Close by Machin's—directly he was taken, you tried to make off—Sambrook made no attempt, but he stood by ready to receive it.
Machin. The gentleman's handkerchief was out of his pocket—the officer had hold of me, and took the handkerchief himself.
(Sambrook received a good character.)
MACHIN— GUILTY . Aged 16.— Confined Six Months.
SAMBROOK— GUILTY . Aged 28.—Recommended to mercy by the Jury.— Confined Two Months.
THOMAS GRAY . I live at Stepney. At a quarter before eleven o'clock on the 10th of January, I was in Fenchurch-street, and missed my handkerchief, which I had used two minutes previously—I turned, and saw the prisoner and a smaller boy, named Sheridan, close to me—I accused the prisoner of stealing my handkerchief, which he denied, and one of them, I cannot say which, threw the handkerchief down—I caught hold of the
other one, and kept him till I gave him in to custody of the police—the prisoner was nearest to me—the other witness kept him.
Cross-examined by MR. PAYNE. Q. Did you see the handkerchief fall? A. Yes—there were a great many people about—the bill against the other has been thrown out.
GEORGE WATKINS . I am a bricklayer, and live at Greenwich. I was in Fenchurch-street—I saw the prisoner lift the tail of the prosecutor's pocket with one hand, and draw the handkerchief out with the other—the prosecutor turned, and I said, "There is your handkerchief—I caught the prisoner, and the prosecutor caught the other—I saw the handkerchief drawn, but I did not see it drop.
Cross-examined. Q. How near were you? A. About a yard or two—I do not think there were any people between him and me—I saw the handkerchief lying on the ground—I said to the prosecutor, "There lies your handkerchief" and I seized the prisoner—I am confident he drew the handkerchief—I cannot say what he did with it—I was on the prosecutor's left-hand side.
Cross-examined. Q. Where do you live? A. At Greenwich—I had come from there that morning to go to market—I was not so near the prisoner as Watkins—we were in company together, but I was walking first—the prosecutor was going one way, and we the other—I was on the side of the shop window, and the handkerchief came across my face.
GUILTY .* Aged 19.— Confined Three Months.
THOMAS TOWNSEND . I am the son of Thomas Isaac Townsend, and am ten years old, I live in Ireland-court, Spitalfields. About a quarter-past seven o'clock, on the 9th of January, I was between King William-street and Lombard-street—I had ten toasting-forks with me, which were my father's, and which I had to sell—I met the prisoner, whom I did not know before—he asked if I bad seen a boy with a child on his back—I said, "No"—he said be wanted him to carry some goods, that he was looking for a porter, and could not find one—he asked whether I would go, and he would give me half-a-crown—I said I would—he said, "Come with me"—he took me to the East India Arms public-house, in Fenchurch-street—he told me to wrap up my forks—he took them out of my hand, and put them in the public-house, and told me to go to Mr. Frith's, a fishmonger, in Bishopsgate-street, to ask for Mr. Williams's clothes and money—I went all about Bishopsgate-street, and could find no such person—he told me to meet him at the Bell public-house—he told me to go for my forks to the East India Arms public-house when I had fetched his clothes and money—I went for them, and they were not there—I did not see any thing more of them or him till the Saturday night, when my mother saw him—he said something to her—I did not hear what—these are six of the toasting-forks—(looking at them.)
Cross-examined by MR. PAYNE. Q. It was your mother that called your attention to him on the Saturday night? A. Yes, about half-past nine o'clock—he was going up Princes-street, by the side of the Bank—I
know these forks—one is cut in deeper than any of the rest—my mother gave him into custody, and the forks were taken at the same time.
MARY TOWNSEND . I am the witness's mother. Between nine and ten o'clock on the Saturday night I was in King William-street—I saw the prisoner with six of the forks that he took from my boy—I went after him, and said, "Hoy, you have got my forks"—I ran a few yards—he got across the wide crossing near the Mansion-house—I got to him, laid hold of his collar, and took his hand which had the forks in it—he said, "Make no bother; come with me, I will settle it"—I called my boy—he came up, and said, "That is the man that took my forks"—a policeman came, and took them—these are six of the forks the boy lost on the Thursday.
Cross-examined. Q. Your attention was called to him by knowing the forks again? A. Yes.
JAMES FINDLAY . I am barman of the East India Arms public-house. On Thursday night, the 9th of January, the prisoner came there, and left a bundle of forks, he came again in three or four minutes and took them again—I have no doubt about the prisoner—he was dressed at he is now.
Cross-examined. Q. How long was he there the first time? A. About a minute—he was absent about three or four minutes, and then came again.
MR. PAYNE called
STEPHEN AMHERST . I am a hair-dresser, and live in Kent-street. I was in company with the prisoner on a Saturday evening, I think last Saturday three weeks, between seven and eight o'clock, in the Roebuck public-house, in the Dover-road—I heard on the Monday of his being taken, and it was the Saturday before that—I saw him purchase six toasting forks of a young man, rather dark, about his own size, with a blue coat on—I wished to buy one of them myself—I offered 1s. for it, but the young man would not sell one without selling the whole—the prisoner gave 4s. and a pint of beer for the forks—I know he is in the habit of selling things in the street—I have purchased several things in hardware of him—this is the fork I offered to buy.
SAMUEL CHALLONER . (City police-constable, No. 275.) I took the prisoner—he made no remark to me—he appeared before the Lord Mayor on the Monday—he was remanded till the Wednesday, and on Wednesday he said he could prove he bought them—it was deferred till Thursday, and then this witness appeared.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Six Months.
STEPHENSON SOUTH . I am a salesman, living at Maida-hill, Paddington. On Monday, the 20th of January, about twenty minutes past three o'clock in the afternoon, I was in Whitecross-street—I had a Macintosh coat in my gig, which I left in possession of the two prisoners—I went into Whitecross-street prison, to see a person who owed my governor some money—I came out at ten minutes past four o'clock—my gig was moved from fifty to a hundred yards lower down, and the prisoners and the Macintosh were gone.
Cross-examined by MR. PHILLIPS. Q. Did you ever see them before? A. Not to my knowledge.
WILLIAM STARR . On the 20th of January I was playing in Whitecross-street. I saw the gig, and the prisoners with it—they took the chaise up the yard—Rowland took the Macintosh out and gave it to Marriott, who rolled it up, and ran off with it—Rowland then took the chaise up the yard, and ran after him.
Cross-examined. Q. What did Rowland do? A. He took the Macintosh and gave it to the other one—it was lying loose—he took it, shaking it loose, and handed it to the other—I am as sure of that as I am that he took it—Marriott rolled it up—I knew them before—they lived in the same street—I quarreled with Rowland.
Q. Did you not swear before the Magistrate that Rowland rolled it up? A. Yes, Rowland rolled it up—he used to beat me, because I told him to go away from my door—I never quarreled with Marriott—I did not tell any one of this—it was Monday that the coat was taken—I told the gentleman at Guildhall, and the policeman, as he was coining down the street, on the same day—I told him Rowland rolled the coat up—I did not watch which way they went—Marriott took the coat down Half Moon-alley.
JURY. Q. Are you sure the boy did not take the coat to give it to the gentleman? A. I know they both ran away.
Cross-examined. Q. Did you know where Rowland lived? A. Yes—I went there that evening—he was not at home—I went on Tuesday morning, and he was at home—I was in my police clothes on Monday night, and I saw his mother—I told her the errand I came on.
NOT GUILTY .
CHARLES SLATER . I am shopman to Henry Deane, a cheesemonger, in Fore-street. He had some cheeses in his shop on the 22nd pf January—this is one of them—(examining one)—Emblem came and told me something—I ran out, and ran after the prisoner, and saw him in Milton-street, with the cheese on his head—I hallooed after him—he threw it down—I ran up and took it, and then ran to the court he ran up, and Hude had him by the collar, bringing him down.
HENRY EMBLEM . I am in the employ of Mr. Tarby, in Fore-street. I was taking down my master's shutters, and saw two boys about, one of whom was the prisoner—they crossed the road—the other one went into the prosecutor's shop, and took the cheese, brought it out, and gave it to the prisoner, who went down Moor-lane, and threw it down in Milton-street.
DENNIS HUDE . I am a constable of Cripplegate. On Wednesday, the 22nd of January, I heard a cry of "Stop thief"—I ran out of my own room, and saw the prisoner running with the cheese—he threw it down—I followed, and took him.
(John Lynes, a wood-turner, of Twister's-alley, Bunhill-row, gave the prisoner a good character.)
GUILTY . Aged 14.— Transported for Seven Years,—Isle of Wight.
THOMAS ROBERT REDHAM . I live in Threadneedle-street. I was going over London-bridge on the 15th of January, about seven o'clock in the evening—I felt my handkerchief was gone—I had used it half a minute before—Mr. Rutherford called my attention to the prisoner, and the prisoner threw my handkerchief into a doorway—this is mine—(examining one.)
Prisoner. Q. Did you say you thought I was not the person who took it? A. I said I did not see you take it, nor did I see you throw it away—you were in a stooping position—I look the handkerchief from the doorway.
GEORGE RUTHERFORD . I live in Lombard-street, City. I was on London-bridge on the 15th of January, about seven o'clock—I met the prosecutor, followed by the prisoner and another person—the other took the prosecutor's handkerchief, and handed it to the prisoner—the minute he got it he hung behind, and stooped, affecting to tie up his shoe—I called to the prosecutor, and the prisoner took the handkerchief from his pocket, and threw it into the doorway of a house.
Prisoner's Defence. I was going to see for some work over the bridge—my stocking came down, which I stopped to do up—this gentleman hallooed to the prosecutor, and said he had lost his handkerchief—he came and took me, and said, "You have my handkerchief"—I said, "I have not"—he shoved me into the passage, and found it—I never had it in my possession.
GUILTY . Aged 19.— Confined Three Months.
566. JOHN MURPHY was indicted for stealing, on the 13th of January, 2 shirts, value 20s.; 1 shift, value 10s.; 1 gown, value 10s.; 1 pair of drawers, value 5s.; 1 petticoat, value 8s.; 1 table-cloth, value 10s.; and 1 bed-gown, value 7s.; the goods of William Fowler.—2nd COUNT, stating them to be the goods of John Bailey.
WILLIAM FOWLER . I am a cork-manufacturer, and live in Eastcheap. On the 13th of January I had these shirts and other things stated—I lost them—these are them—(examining them)—I know nothing of the prisoner.
Cross-examined by MR. PAYNE. Q. They were given to a laundress's husband? A. Yes—this table-cloth is marked with my initials.
MARGARET COATS . I am servant to Mr. Fowler. I tied up this bundle on the 13th of January—it contained two shirts, a shift, a gown, and the other things—they were Mr. Fowler's—I brought them down to Mr. Bailey, and gave them to him to be washed—these are some of the articles.
JAMES BAILEY . I live in Clarendon-street, Walworth-common—my wife is a laundress. On the evening of the 13th of January I received the bundle from Coates—I put it into my cart between six and seven o'clock—I got out in Eastcheap, and missed it about ten minutes after.
JAMES JOHN HOLLAND (City police-constable, No. 370.) About ten minutes past seven o'clock I was on duty in Eastcheap—I saw the prisoner loitering about close to a tailor's shop, he then went to the cart, and took something from it—I followed him up Philpot-lane, and cried out, "Stop thief"—in Fenchurch-street he threw it into a young man's arms—I still followed—he was turned round by a gentleman in Cullum-street—the bundle contained the things stated.
Cross-examined. Q. Where was the cart? A. In Eastcheap—there was a person in the cart—the prisoner was turned back in Cullum-street, five or six hundred yards from Eastcheap—there are two turnings before you get to Cullum-street—it was dusk—there was a gas-light—no one else took the bundle—the man is not here who caught the bundle—I know him.
(The prisoner received a good character.)
GUILTY . Aged 23.—Recommended to mercy by the Prosecutor and Jury.
Confined Three Months.
OLD COURT.—Wednesday, February 5th, 1840.
Third Jury, before Mr. Sergeant Arabin.
567. ANDREW FOX and MICHAEL ANNIS were indicted for burglariously breaking and entering the dwelling-house of James Reiley about the hour of ten in the night of the 13th of January, with intent to steal, and stealing therein, 2 loaves of bread, value 8d., his goods; to which they pleaded
GUILTY .— Confined Six Days.
GUILTY . Aged 23.— Confined Three Months.
GUILTY . Aged 9.— Confined Four Days.
GUILTY . Aged 29.— Transported for Ten Years.
GUILTY . Aged 20.— Confined Six Months.
Before Mr. Justice Williams.
(See Surrey Cases.)
Before Mr.Justice Coltman.
573. HENRY KING was indicted for burglariously breaking and entering the dwelling-house of John Bartholomew about the hour of five in the night of the 31st of January, at St. Botolph Without, Bishopsgate, with intent to steal, and stealing therein, 36 pairs of gloves, value 4l. 14s., his goods.
JOHN BARTHOLOMEW . I live at No. 10, Bishopsgate-street Without. On Saturday morning last, a little before five o'clock, I was awoke by the breaking of glass—I laid still a few minutes, and then heard a voice say, "Whose beat is it on? why did not you stop them?"—I instantly got up, and on looking through the window, I saw one or two persons on the opposite
side looking towards my shop—I dressed myself and went down stairs—I heard the clock strike five, a few minutes after I was awoke by the breaking of the glass—I am sure it was five o'clock—when I went down I opened the shop-door, found the bar of the shutter bent very much, two shutters down, and one pane of glass broken quite out—I put the shutters up, and received information that a man was at the station-house—I went there, and found the prisoner in custody, and two dozen pairs of gloves on the table, which I can swear to being mine by the make—I have others that correspond with them now at home—they had not been made particularly for me—I came back to my shop—I found the shutters as I had left them, but I had not time before I went to the station-house to examine the window—I found it had been very much disturbed in the course of the night, and missed three dozen pairs of gloves—the shop was properly secured when I went to bed between eleven and twelve o'clock, the shutters and doors also—I went back to the station-house, and saw the third dozen pairs of gloves, which corresponded with what I lost.
CHARLES HARLEY . I am a policeman. On the morning in question I saw the prisoner enter Devonshire-square, which is fifty or sixty yards from the prosecutor's shop—knowing the square was no thoroughfare at night, I hastened to the spot, and asked the prisoner what he did there—he appeared very drunk—I took him into custody, and in going to the station-house, he dropped a packet of gloves, which I took up—after we got to the station-house another packet, which was a second dozen, was brought in by a country boy not more than half a minute after we got there—I have no doubt the prisoner saw him bring it in—I do not think he heard what he said—I found a third packet of gloves about five minutes after he got to the station-house, part in the prisoner's hat, and part under the seat in the cell he was in—he was quite alone in the cell—the gloves were afterwards shown to Mr. Bartholomew—the prisoner appeared to be drunk, but I believe it was put on, for before I got him to the counter, he appeared as sober as I do now—that was about a quarter past six o'clock, after I had got him to the station-house.
(Property produced and sworn to.)
Prisoner's Defence. I was very drunk at the time I got these gloves, and do not know how I became possessed of them.
GUILTY . Aged 35.— Confined Twelve Months.
Before Mr. Justice Coltman.
574. MARIA DAVIS was indicted for stealing, on the 21st of January, 1 watch, value 16l.; 1 guard-chain, value 14s.; 2 Napoleons, value 3l.; 1 purse, value 3s.; and 2 shillings; the property of Martin Baichle, in the dwelling-house of William Dedman.
MR. HORRY conducted the Prosecution.
MARTIN BAICHLE . I am servant to Mr. Currie, of Regent-street—I lodge in the front attic of Mr. Dedman's house, in Bryanston-street, Portman-square. On the 20th of January I was out—I came home about two o'clock in the morning, with my fellow-servant Edward—the prisoner lodged on the same floor in the back attic—Edward slept with me—when I came home I saw the prisoner in the passage—I had given her some things to mark for me, and she gave me some of them back, some flannel waistcoats and drawers—I went into my own room after that, and went to bed—I put my watch and chain on the table, and my fellow-servant put
it in the stand—I put my purse, containing two forty-franc pieces, and 2s., on the table—I and Edward went to bed—I got up next morning about half-past seven o'clock—my watch then was gone, and the purse also—I told Emma Gilbert, the mistress of the house, of it—there is no lock or bolt to my room door.
Cross-examined by MR. PHILLIPS. Q. What countryman are you? A. A German—I had known the prisoner while I was at Dedman's, which was about nine weeks—we were friendly—I do not know about intimate—she came to my room, and gave me the things—that was not the first time she was in my room—she was often there—I told her to come one day, when her chimney smoked—she often came—she was in the habit of marking my drawers and flannel waistcoats for me—she asked for them—I could not call her a sweetheart—she sometimes staid in my room all night—she had never had this watch in her possession before—I never denied that she had spent the night with me—they never asked me that—I do not remember ever denying it—the Magistrate asked me why she gave me the waistcoats so late, and he asked if I had nothing to do with her—I said I had nothing to do with her—she was not in the habit of coming into my room every morning, till after I was dressed—she shook hands with me sometimes in the morning, but this evening I had been at the theatre, my fellow-servant was with me, and she said it was very bad to go there to frequent bad people—she did not like my going to the theatre—she said I ought not to frequent bad people—the prisoner was going to a situation that day—she told me so—I asked her where she was going, and she gave me the direction—I cannot tell it—she gave it to me written down, and I have got it at home.
Q. Were not you and she in the habit of joking and playing with one another? A. She left open her door several times when I came up stairs, and one thing led to another, and we began to chat at the door—our first intimacy was when her chimney smoked—we were in the habit of playing tricks with one another, and joking—we were in the habit of joking, and making free with one another—I cannot remember at what time she was going to her situation—she told me in the morning that she was going that morning—she had told me two or three days before that she was going that day—I think she told me she was going between two and three o'clock—the watch was taken from her about half-past eight o'clock in the morning—my door was shut that night, but not locked—any body could open it—she did not know there was a man with me—the bed has curtains round it—I think she could not see, because it was not day-light when she came—I did not see her come—I went to bed after two o'clock—the theatre was over at two o'clock—it was the first time I kept so late an hour—when the watch was found, the prisoner said she had taken it by way of a joke—I never gave her any money—I told her to make out a list of all the things she had marked for me, and I would pay her, but the things were not done.
MR. HORNEY Q. You agreed to pay her? A. Yes—I never gave her the watch to take care of.
COURT. Q. You say the Magistrate asked if you had any thing to do with her? A. Yes, he asked why she gave me the flannel waistcoats—I said she had marked them—he said, "Why did she bring them so late in the evening "—I told him because I would have them in the morning—I never promised to marry the prisoner—she asked me, and I never did
promise to any lady to be married before—she said she had a friend, who married a young gentleman very young, and would I do the same—I said I never would promise any body to marry them.
EMMA GILBERT . I live in Bryanston-street, Portman-square, with William Dedman, my uncle, who keeps the house—the prisoner lodged in our back-attic for about three months—on the morning of the 21st of January, about half-past seven o'clock, the prosecutor told me he had lost his watch—I went up stairs to the prisoner's room and saw her—she had her dressing-gown on—I told her the watch was lost—she said she knew nothing of it, and had he not frequented bad places he would not have lost it—I said I thought it must be lost while he was out—she said she thought so too—I awoke my uncle and aunt—my uncle got up, and went for a policeman, and we all went up stairs together with the policeman—the policeman knocked at the prisoner's door—she said she was not dressed, and could not admit us—she had opened the door before that, and seen the policeman, and then fastened it—the policeman told her she was to go with him—my uncle put his back against the door, and tried to push it open—the prisoner then opened it—I went in with my aunt—the prisoner had then got her dressing-gown off, but was dressed all but her gown—she had a flannel waistcoat in her hand, with the watch in it, and was rolling it up in the waistcoat, wrapping it round the watch—I saw the watch-chain dropping out of the waistcoat, and I ran to seize it—my aunt got the watch and I the chain—we found a purse with the watch and the waistcoat together—she said she took it in a joke—my aunt said she ought to have been ashamed of her conduct with the prosecutor, and not disgrace her house so—she said there was nothing between them—I gave the watch, purse, and chain to the policeman—the prisoner was to have left the house to go to a situation that evening.
Cross-examined. Q. To a respectable situation, I believe? A. Yes, where she would have got good wages, and have every comfort—I had no notion that there was any thing improper going on between the prosecutor and the prisoner—the prisoner said there had been nothing improper between them, and he could not say it—the prosecutor had not liberty to bring any man home to the house, but he sent word home that evening, and asked permission—it was no secret at all.
MR. HORRY. Q. Was the prisoner in a situation to know that? A. I do not think she did know it.
WILLIAM NASH (police-constable T 77.) On the morning of the 21st of January I was called into Dedman's house—I went up stairs with Gilbert, her uncle and aunt, to the back attic—I knocked at the door, and told the prisoner she was charged on suspicion of having the watch, chain, and purse—she said she had not got it.
(Property produced and sworn to.)
(The prisoner received a most excellent character.)
NOT GUILTY .
Fourth Jury, before Mr. Recorder.
575. CHARLES CHAPPLE was indicted for feloniously breaking and entering the dwelling-house of George Spong, on the 26th of January, at St. Pancras, and stealing therein 1 coat, value 10s., the goods of Stephen Nathaniel Baker.
Tottenham-court-road. I have a shop, and a room on the first floor of the house of George Spong, it is in the parish of St. Pancras. On the night of the 26th of January I locked the door of my shop at about a quarter past seven o'clock, and took the key with me—my attention was called to my shop a little before eight o'clock, when I was in the up-stairs room—I went down, found the shop door wide open, and missed my coat off a shelf at the further end of the shop—I looked out, and saw the policeman bringing the prisoner along with my coat—the street door had been left open, but my shop door was locked.
Cross-examined by MR. PHILLIPS Q. Does Mr. Spong live in the house? A. Yes, and sleeps there—the street door is always open—I am quite sure I did not leave my shop door open.
JOHN REES . I am a colourman, and live in Chapel-street, exactly opposite Baker. On the evening of the 26th of January I noticed the prisoner with another man at Baker's shop door—the prisoner was there five or six times, endeavouring to open the shop door, backwards and forwards—I went out and told the policeman—shortly after I saw the prisoner coming down the street at a fast walk with the other man—the prisoner had the coat under his arm—I saw him come out of Baker's doorway—he dropped the coat—I took it up, and caught hold of his companion, but he broke from me—I saw the prisoner in charge of the constable—he kicked him in a certain place, and got from his grasp altogether—three men could not hold him—he was secured after a long run.
Cross-examined. Q. Are you quite sore it was the prisoner? A. Yes, I had seen him five or six times that evening by the gas-light—I am certain I have made no mistake.
JOHN EATON (police-constable S 193.) I was in Chapel-street, on the 26th, at about a quarter before eight o'clock, in plain clothes—I saw the prisoner and another lurking about the shop—I watched them some time, and saw the prisoner go in, and come out in about a minute or two, with something under his arm—I crossed over, and said, "What have you got there?"—he said, nothing, but threw the coat down, and began an attack on me—he hit me right and left, and kicked me in the—he ran down several streets, and down a mews, which is no thoroughfare—he came out, I secured and handcuffed him—he said, "I suppose you have done for me at last"—at the station-house the inspector asked him his name and address—he said, "I shall not give it"—in the morning the inspector said, "Do you still refuse to give your name and address?"—he said, "I do."
GUILTY .* Aged 26.— Transported for Fifteen Years.
WILLIAM WILSON . I am warehouseman to Travers and Son, of Cannon-street. On the 10th of January, about three o'clock in the afternoon, the prisoner came there and presented this order to me, directed to John and Joseph Travers—we have a customer named Symonds—after reading the order, I asked him from whom he had it—he said, "From Mr. Symonds's shopman"—I asked where he gave it to him—he said, "In the Terrace"—Mr. Symonds lives in Wilmington-square—I knew he had no shopman—I was attending to a customer, and told him to wait—I then questioned him
again, and he said it was given to him by a person in the street, who was waiting at a coffee-shop—I got a policeman—we walked at a distance from him to the coffee-shop, but nobody was waiting there, nor had there been any body there, and I gave him in charge—the note was wafered, I think, when it was given to me—he had a grocer's apron and a basket—(order read)—" Mr. Symonds's kind regards to Mr. Travers, and will feel much obliged to him to send by bearer a box of gunpowder-tea; as he is sending to Berks by rail-road this evening."
Prisoner's Defence. A gentleman sent me in with it, and said he would be at the coffee-shop ready when I came back, and give me 6d.; he did not say what it was for. I did not say I had come from the shopman; I said from a man in the street; I never knew where Mr. Symonds lived.
(The prisoner received a good character.)
GUILTY of Uttering . Aged 17.— Confined Two Years.
CAROLINE MOSES . I live with my father, Moses Moses, in Upper East Smith field. On the evening of the 17th of January, a little after six o'clock, I was coming from the parlour into the shop, and saw the prisoner leaning over the counter, taking the coat and jackets off a shelf behind the counter—I called out—my brother ran into the shop, and the prisoner dropped them on the counter—my brother said, "You have robbed us"—he called my father out to detain him while he fetched a policeman—while he was gone, the prisoner said he thought my father acted very foolishly in detaining him, as he had not taken the things, and that he had come in to buy a waistcoat—I had seen these things on the shelf about a quarter of an hour before—he had no business to take them off the shelf.
Cross-examined by MR. PAYNE Q. Where were you when you saw him taking the things from the shelf? A. In a small room between the shop and parlour—I had no light there, but there was one in the parlour, and a gas light in the shop—the half-door of the shop was shut—a person could open it, and come in—the prisoner said he thought the things were waistcoats—he dropped them just as my brother came out.
GABRIEL MOSES . I am the brother of the last witness. I ran into the shop, on her calling out, and saw the prisoner with the coat and two jackets under his arm—on seeing me he dropped the coats on the counter—I fastened the door, and said, "You have robbed the shop"—I called my father to detain him while I went for a policeman—there was no one in the shop at the time the prisoner came in—we were all taking tea.
Cross-examined. Q. What, did you take tea in the parlour, and your sister in the little room? A. My sister was clearing away the tea things—the prisoner said he had no intention of stealing the things, he came into buy a waistcoat.
Cross-examined. Q. Did you find 2s. 3d. on him? A. Yes—he had no waistcoat on at the time.
CAROLINE MOSES re-examined. These are the same things the prisoner dropped on the counter—the lowest priced jacket is 9s. 6d.—we sell second-hand things sometimes—I do not know that we had any waistcoats as low as 2s. 3d.—on the shelf he took these from there was nothing but trowsers and jackets—there was a pile of waistcoats on the next shelf—they were not disturbed at all—they were a shelf higher than the jackets—the shelves are at the back of the counter—he laid quite flat across the counter to get them—he did not make any noise to call any body into the shop—I merely saw his shadow, which made me go out.
Prisoner. I took the lining of the coat to be a waistcoat—it is a waistcoat pattern, and in looking at that one the others come down with it. Witness. He had all three under his arm, and did not drop them till he saw me come out—he did not hold them up to look at—he must have known they were not waistcoats—I did not hear him shut the half-hatch after him.
(The prisoner received a good character.)
GUILTY . Aged 24.— Confined Three Months.
THOMAS PIGGOT . I am shopman to Mr. Smith. On the afternoon of the 18th of January, I saw the prisoner about a furlong from the shop, coming from the shop carrying this carpet on his shoulder—I followed him, and noticed the cost price on it—I got assistance, and followed him to Vincent-square—he was stopped there by my companion, and taken to the station-house—I asked who he brought it from—he said a man had given it to him on the road.
Prisoner. Q. I dare say you saw a respectable gentleman with me who gave me the carpet? A. No, I saw no man near you—when I stopped you I asked where you were taking it to, and you said a gentleman gave it you to carry—I said, "Is that gentleman here?"—you said, "No, I should know him, if I were to see him."
JAMES SKELTON (police-constable B 94.) I took the prisoner into custody—he told me a man gave it to him in Vauxhall-bridge-road to carry to Westminster Abbey, and was to give him 1s. for his trouble—he was searched, but nothing was found on him—Shaftsbury-terrace is in Vauxhall-road.
GUILTY .* Aged 48.— Transported for Seven Years.
(The prisoner had been previously transported.)
THOMPSON pleaded GUILTY . Aged 18.— Confined Twelve Months.
JAMES WOODWARD . I am servant to Mr. Bouverie, of Hill-street, Berkeley-square. On the afternoon of the 16th of January I was in St. James's-park, near Buckingham palace, about one o'clock, and missed my handkerchief, in consequence of the policeman speaking to me—I know it was safe a quarter of an hour before—this is it—(looking at it.)
GEORGE CAMP (police-constable N 82.) A little before one o'clock, on the 16th of January, I was on duty in the park, near Buckingham-gate, and saw the two prisoners in company together—I am certain Phillips was with the other—I watched them for a quarter of an hour, and saw them go to a gentleman, take a handkerchief partly out, and put it back again—they then went to the prosecutor, and Thompson took the handkerchief out of his pocket, and put it into his breeches—Phillips was covering him at the time—I was close to them, watching, and looked over Phillips's shoul-der—I found the handkerchief on Thompson—Phillips was close alongside of him at the time I took him—I had seen them talking together, and saw Thompson try a gentleman's pocket before that, in company with Phillips, who saw what he was doing, and remained with him till the prosecutor was robbed—I am quite satisfied they were both together concerned in taking it.
Phillips. I was standing, looking at the Queen's carriage go into the gate—this young lad happened to be by my side—I did not know him at all—I walked away—he came and spoke to me, and said, "That is a nice carriage"—I said, "Yes, it is," and walked on—he followed me—I heard a scuffle with the policeman taking him, and stopped to see what it was, when they took me. Witness. I seized both together—they were both walking away together with the handkerchief—I had touched the gentleman, and said, "You have lost your handkerchief," and they both walked away towards Pall-mall, quite away from the gate.
PHILLIPS— NOT GUILTY .
NEW COURT.—Wednesday, February 5th, 1840.
Fifth Jury, Before Mr. Common Sergeant.
GUILTY . Aged 37.— Confined One Month.
581. JAMES PRITCHARD was indicted for stealing, on the 10th of September, 1 handkerchief, value 1s. 6d.; 1 umbrella, value 10s.; and 1 pair of trowsers, value 10s.; the goods of Joseph James Maberly: 1 coat, value 1l.; 1 waistcoat, value 2s.; and 2 pairs of trowsers, value 14s.; the goods of Samuel Edward Maberly: 7 cups, value 3s.; 6 saucers, value 3s.; 1 sugar-basin, value 1s. 6d.; 3 doyley's, value 3s.; 1 table-cloth, value 5s.; 1 coat, value 10s.; and 1 handkerchief, value 2s.; the goods of Joseph Maberly, his master; to which he pleaded
GUILTY . Aged 40.— Transported for Seven Years.
GUILTY . Aged 23.— Confined One Month.
Prisoner. Q. How do you know Mrs. Long gave me 9s.? A. I heard you say they came to 9s., and I saw her give you money.
EVAN BIGGS . I am foreman to Mr. Thomas Bowtell, a shoemaker in Cheapside. The prisoner was shopman there—I sent him with some shoes to Mr. Long, on Saturday the 11th of January, and on Saturday the 18th, he took another pair—the two pairs came to 9s., but he was to leave them if he did not have the money—when he came back, I said, "Did Mrs. Long pay you?"—he said, "No, but you are to send the bill on Tuesday morning "—I sent the bill then, and found he had received it.
Prisoner. Q. How could you see Mrs. Long pay me any money, when you were laughing and hiding by the table? A. We were looking just over the table.
GUILTY Aged 25.—Recommended to mercy by the Jury.— Confined Six Months.
(There was another indictment against the prisoner.)
HENRY GREENWOOD . I am shopman to the prosecutor. About twelve o'clock on the 14th of January, the prisoner came and asked the price of some fowls—I told her—she said they were too dear—she came back in about an hour, and looked at the fowls outside, and I saw her take one and walk away—I went after her, and found it under her cloak—she said she had bought it of a person at the next shop, and gave 2s. 8d. for it—I went there, and they had not sold her any—it was my master's I have so doubt.
Prisoner's Defence. I went to the next house, and bought this fowl for 2s. 8d.
GUILTY . Aged 35.— Confined Three Months.
AMELIA DANGERFIELD . I am the wife of James Dangerfield, and live in Queen-street, Pimlico. Between nine and ten o'clock on the morning of the 14th of January, the prisoner came to our shop for a halfpenny-worth of nails—I stooped to pick up a piece of paper to put the nails in, and during that time he must have gone to the centre of the window and took the knives—I did not see him take them, but when I went to him the knife which was tied outside the parcel dropped—he took it up, and said he was going
to give it to me—I had swept the shop just before, and know it was not there—I looked in the window, and found the place where they had been empty—in going to the station-house he threw the other knives into a dust-hole, and the policeman picked them up.
Prisoner. I picked them up on the floor, and before I could give them to you you gave me in charge. Witness. No—he picked up one, and I took it from him—he did not say any thing about having picked up the others—they were under his jacket.
WILLIAM CROPTON SEVERS (police-constable P 113.) I was called, and took the prisoner. On the way to the station-house we came opposite a dust-hole in Ebury-square, and he threw the remainder of the knives in there—here is the one he had first, and these are the others.
(Richard Harris, a porter, Little Queen-street, gave the prisoner a good character.)
GUILTY . Aged 11.— Transported for Seven Years.—Convict Ship.
586. JONATHAN WISE and ROBERT AYRES were indicted for stealing, on the 19th of January, 5 pairs of boots, value 1l. 14s.; 5 other boots, value 7s.; 1 pair of shoes, value 5s.; and 8 other shoes, value 1l.; the goods of Joseph Goldney.
MR. BALLANTINE conducted the Prosecution.
JOSEPH GOLDNEY . I am a shoemaker, and live in Old Brentford. About twelve o'clock at night, on the 19th of January, my house was on fire—I never saw the prisoners till they were in custody of the police on the Tuesday following—these boots and shoes produced are mine, and were on my premises on the day previous to the night of the fire—I am positive I had not sold them.
JOHN HANLOW (police-constable T 68.) I was on duty at Old Brentford—I saw the prisoners about a quarter-past two o'clock on the night of the fire, about a mile from the premises—Ayres was carrying a bundle under his coat—they were talking to each other—I stopped them—Ayres dropped the bundle—I picked it up, and he tried to get away—I pushed him into a hedge, and I dropped the bundle—Wise took it up, and tried to go off—I took the bundle and the two prisoners—on the way to the station-house, Wise escaped, and Ayres said he did not see why he should be transported by himself when Wise gave him the bundle to carry—about an hour afterwards I apprehended Wise at Strand-on-the-Green, in the parish of Chiswick—these are the contents of the handkerchief that I took on the prisoners—(producing the articles)—I have seen a similar handkerchief to this in possession of Wise—I cannot say whether this is it.
Cross-examined by MR. PHILLIPS. Q. How many similar handkerchiefs have you seen? A. I cannot say—I may have seen a hundred.
GEORGE HALBERT . I am apprenticed to the prosecutor. On the Sunday night on which my master's premises were on fire, I saw Ayres at the door, just before twelve o'clock—I was going in at the door, and he was standing there—in about a quarter of an hour after, I saw him come out with some boots and shoes in his hands—there were some women standing in the road, and he asked them to take them—I did not see whether they took them—he would not let me go into the house at first—he said I had no business there—I do not know Wise, but when I turned round to go for a policeman, I saw another man come out of the house with boots and shoes—I caught him, and asked what he was going to do with them—he
immediately knocked me down in the gutter—I do not know who he was—I saw some people removing the property out of the house, and putting them in a cradle to take to the station-house—the lane in which the prisoners were taken is about a mile from my master's house—it was not in the way to the station-house.
Cross-examined. Q. How many people were round the house? A. Twenty, perhaps, but the number increased afterward—about thirty pairs were saved out of the house—I should think there were about twelve women there, and not quite so many men.
(Ayres received a good character.)
WISE— NOT GUILTY .
AYRES— GUILTY . Aged 21.—Recommended to mercy by the Jury.— Confined Three Months.
JAMES PALMER . I am a hatter, and live in Earl-street, Lisson-grove. About a quarter after eight o'clock in the evening, on the 9th of January, I was walking near St. Giles's church—I felt a tug at my pocket, and turned, and saw the prisoner with my handkerchief in his hand—I had seen it safe a quarter of an hour before—he threw it down at my feet—I picked it up, followed him, and he was taken—it was not an instant from my feeling the handkerchief go, and seeing it in his hand—in going along; he implored me to forgive him—I said I should not, having lost four or five handkerchiefs about the same spot.
SAMUEL RUTHERFORD (police-constable F 118.) I was called, and took the prisoner—he resisted very violently, and tried to throw me down—he said if he could get his hands loose, and get his knife out, he would rip my b—y guts up—I found another handkerchief on him—I asked what mark was on it—he said, "C H"—I found a different mark on it.
Prisoner's Defence. I was in one of the courts out of the street—the gentleman came, and said I took the handkerchief.
(James Dumond, a perfumer, of Burlington-gardens, the prisoner's master; and Matilda Beattie, Star-street, gave the prisoner a good character.)
GUILTY .* Aged 19.— Transported for Ten Years.
ROBERT ORD . I live in Threadneedle-street. A little after five o'clock on the evening of the 31st of January. I was in Aldgate High-street, with a gentleman—I felt some one press on me behind, and my friend did the same—he turned, and felt his own pocket, and asked me if I had lost my handkerchief—I felt, and found I had—at that instant the prisoner was trying to get away between us and the wall—I saw part of my handkerchief sticking out of his breast—the policeman came, and took the handkerchief out—this is it—(examining one)—I had seen it safe about ten minutes before when I left Threadneedle-street.
DANIEL PAMPLETT (City police-constable, No. 343.) I saw the gentleman turn round, and suspecting something was wrong, I laid hold of the prisoner—I found this handkerchief between his shirt and waistcoat.
Prisoner's Defence. I picked it up, and came up at rather a quicker pace than the gentleman—they laid hold of me.
GUILTY . Aged 17.— Confined Three Months.
MARTHA LYALL . I am a widow, and live in Craven-street, Strand. I was coming through the gate of Buckingham Palace, about three o'clock in the afternoon of the 16th of January—there was a small crowd—I felt the prisoner's hand on me, he ran away—I said, "Take him, he has robbed me "—I felt, and I had lost my purse—a gentleman took him, the prisoner said, "I saw a boy rob you, let me run and take him "—an officer came and took him—I received information going along the Bird-cage-walk, and said to the officer, "Search him "—I saw him find the purse, hanging in his boot, under his trowsers—it contained three sovereigns and 7s.—it was mine.
Cross-examined by MR. PAYNE. Q. What do you know it by? A. By there being two different slides on it, one much larger than the other, and I know the purse itself—I had examined it when I had gone to the fishmonger's, just before I went into the Park, and changed a half-sovereign—the person who gave me information is not here.
Cross-examined. Q. Have you kept it ever since? A. Yes, it was under his trowsers—I examined his trowsers, and I found he could have put it into the pocket, or outside—there were three sovereigns in one end and seven shillings in the other—the prosecutrix told me there was that sum in it—I searched him, in consequence of what she told me.
GUILTY . Aged 16.— Transported for Ten Years.
EDWARD SIMPSON . I am assistant to Zephaniah Simpson, a linen-draper in Farringdon-street. On the 20th of January, about one o'clock, my attention was directed to the shop-window, by one of my brothers, and I missed a piece of print from the window—the prisoner was at that time sitting on a stool in the shop—she had come to ask for a piece of calico—she got up off the stool, and appeared much confused—she then sat down, got up a second time, and I perceived something bulky under her shawl—as she was stooping the second time to sit down, I saw the bulk remove from under her shawl, and this piece of print dropped on the floor—I had said nothing to her about the print, but I have no doubt she heard what passed between me and my brother.
Cross-examined by MR. DOANE. Q. What time was this? A. About one o'clock in the day—we have ten or eleven shopmen—she had applied to my brother, and was waiting to be served—this piece of cotton was on a board in the window over her head—she was sitting under it.
NOT GUILTY .
HENRY COWARD . I live in Halford-street, Tottenham Court-road. About two o'clock, on the 16th of January, I was in Parliament-street, and received of information from the constable—I looked round, and saw my handkerchief.
Cross-examined by MR. BALLANTINE. Q. Did you not see the prisoner? A. Yes, the constable had got him—there were persons in the street—I will not swear that there were not other persons near me.
GEORGE KEMP (police-constable N 82.) I was on duty in Parliament-street, in private clothes—I saw the prisoner, who was behind the gentleman, put his hand into his pocket, and take out his handkerchief—I took him with it in his hand.
Cross-examined. Q. Who was with the prisoner? A. No one—I saw no one older near him—I have been in the police ten years—it may be the habit of older persons to send boys to steal—I knew nothing of the prisoner before.
(The prisoner received a good character.)
GUILTY . Aged 16.— Confined Three Months.
592. ELLEN WORRELL was indicted for stealing, on the 9th of January, 1 sheet, value 2s. 6d.; 1 pillow-case, value 1s.; 1 towel, value 1s.; 9 napkins, value 4s.; 2 breast-pins, value 10s.; 2 petticoats, value 2s.; 2 pelisses, value 8s.; and 1 blanket, value 8s.; the goods of Robert Mulock.
ELIZA MATILDA MULOCK . I am the wife of Robert Mulock, and live in Spring Garden-place, Pimlico. The prisoner took an unfurnished lodging on the first floor—I missed the sheet and other things stated, from my own apartments—these are mine—(examining them.)
EDWARD ALDERMAN . I am shopman to Mr. Thompson, a pawnbroker, in Grosvenor-row. I have a petticoat, pawned by the prisoner on the 6th of January, and some napkins and towels as well—the petticoat and one towel were in the name of A. Worrall.
THOMAS WORSFALL (police-constable B 186.) I went to the prisoner's room in the prosecutor's house, and found in the fire a number of duplicates, almost destroyed, and by them I found these things, and some others which the other pawnbroker gave up, and have not come here—the prisoner appeared in great distress—I found twenty-one duplicates of things which had been given her.
GUILTY . Aged 30.— Confined Three Months.
EDMAUND CURTIES . I live in York-street, Westminster, with my brother Thomas, a cheesemonger. On the evening of the 17th of January I was engaged behind the counter—I had a piece of pork there outside the window—I had seen it a quarter of an hour before the policeman brought the prisoner back to me with it—I knew it.
GEORGE BANHAM (police-constable B 84.) I was in York-street about ten o'clock in the evening, and saw the prisoner pass me—I turned, and looked after him, saw him put his hand into the window, and take a piece of pork—I took him with it in his hand.
Prisoner's Defence. I had just come from Reading, and met a young
man—he said he wished to go and enlist—I took him to Westminster—he wanted something to eat—I pawned my jacket for a little money—I told the policeman so—I was going to buy this pork—I had not got from the window. Witness. He had got twelve or fourteen yards off with it.
GUILTY . Aged 20. Confined One Month.
594. ELIZABETH HARLEY was indicted for stealing, on the 1st of January, 3 spoons, value 1l. 6s.; 1 pair of nut-crackers, value 1s.; 5 knives, value 3s.; and 4 forks, value 1s.; the goods of Maurice Evan Evans.
MR. CLARKSON conducted the Prosecution.
SPENCER LEE . I am in the service of Mr. King, a pawnbroker, in High Holborn. I produce a silver table-spoon, pawned on the 1st of January, by the prisoner, for 8s., in the name of Williams—I said the initials on it did not correspond with the name she gave me—she said it was hers.
MARIA STONE . I am cook in the service of the prosecutor. On the 31st of December the prisoner was employed as a charwoman—next day I missed a table-spoon, nine wine-glasses, some knives and forks, a pair of nut-crackers, and a silk handkerchief—on the 14th of January I accompanied Sergeant Waller to her lodging, in Tash-street—I went into her apartment, and found the knives and forks, and the nut-crackers—they are my master's, and this is the spoon I missed.
CHARLES WALLER (City police-sergeant, No. 8.) I went to the prisoner's lodgings, and found this property—I found the prisoner, and took her—I asked her if she knew Mr. Evans—she said, "Yes"—I went to a box, and caught up this cloth—she said it was nothing but a cloth—I found the knives and forks in it.
GUILTY . Aged 29.— Confined Six Months.
JOHN BOWIE . I am a grocer, and live in Fetter-lane. On the 15th of January I had a bag of Ceylon coffee, an original package—I missed it—it was placed four yards from the door, in the shop—it is my dwelling-house—we had roasted some coffee out of it the night before—I know the bag from the mark on it.
Cross-examined by MR. PAYNE. Q. Is the bag here? A. Yes—the mark on it is "C. C. and Co.," and the weight—I had it about the 7th of January—this is the merchant's mark, and would apply to other bags, but the No. 2 would not.
Cross-examined. Q. What time was it? A. About ten minutes past eight o'clock—Minto gave me the coffee—Plough-court is a little way along Fetter-lane—Mr. Bowie's shop is No. 50.—it is in the parish of St. Andrew, Holborn—I do not think Plough-court leads anywhere.
and called out "Stop thief"—he ran before me to the end of the court—I pursued, till he came to No. 15—he went in, and down into the cellar—as soon as I got into the house I saw the coffee behind the door—I stood there—the prisoner stepped up, and I apprehended him, and took him to my master—when I saw him running in Plough-court, he had no coffee.
Cross-examined. Q. You waited till he came out of the cellar? A. Yes—I went in after him in about a minute—when I got into the court he was coming up again from where I found the coffee, and when I called "Stop thief," he turned and ran.
COURT. Q. When you were going down Plough-court, the prisoner was coming up from this house, meeting you? A. Yes—I called, he turned, and ran into the house—I went in, and saw the coffee.
GEORGE WAKEFIELD . I am carman to Mr. Clark, of Fetter-lane—I was in Fetter-lane on the 15th of January' at half-past seven o'clock, and saw the prisoner and two others about—I watched them some time—I then went into the yard, and when I came back I saw the prisoner and two other men tying up a bag at the corner of Plough-court—I saw Minto at the door, and asked what he had lost—I saw them go into No. 15, Plough-court, with the coffee.
Cross-examined. Q. Did you see the three go in with the coffee? A. No—one of the others carried it—the prisoner and one of the others lifted it on another's back—I saw them carry it down the court—their backs were turned to me.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Nine Months.
596. TIMOTHY REGAN and MARY WOOD were indicted for stealing, on the 7th of January, 1 purse, value 2s. 6d.; 4 shillings, and 4 pence; the property of John Thomas Brigg, from the person of Martha Sarah Brigg; and that Wood had been previously convicted of felony.
SARAH BRIGG . I am the wife of John Thomas Brigg, and live in Lamb's-passage, Chiswell-street, St. Luke's. On the 7th of January I sent my little girl, Martha Sarah Brigg, who is six years old, for a loaf, and gave her a five-shilling-piece in a steel purse, to pay for it—soon after, I heard her scream—I ran out and saw her and Palmer—my daughter had the bread and the basket, nothing more—she ought to have had 4s. 4d. "change—she told me all about it, and then Palmer came up.
ELIZA ROBERTS . I am the wife of George Roberts, and live in Chiswell-street. Mrs. Brigg's little girl came and bought a loaf on the 7th of January—I gave her 4s. 4d.—I put it into the steel purse a few minutes after four o'clock.
THOMAS JOHN PALMER . On the 7th of January, I was in Lamb's-passage—I saw Wood take the money out of the child's hands—it was in a purse—she stood round and took it out of her hand—Regan was on the side of the child—he held his coat-tail up, so that I should not see it—I am sure of that—when they got it, they ran down Lamb's-passage—I gave information.
ROBERT EDWARD DOCKNG . I keep the Coach and Horses public-house, Blue Anchor-alley, Bunhill-row. A little before five o'clock that day the two prisoners and another came into the house, and called for a pint of fourpenny ale—I put it on the counter—they told me to make a pot of it—they put four penny-pieces down on the counter, and told me to take
the chill off the beer—I put it on the fire, a person came to the door, and shoved it open, they then all ran out, and left their ale and money—Mrs. Brigg came in directly after they went out.
JAMES BRANNAN (police-constable G 20.) On Monday, the 13th of January, 1 went down Whitecross-street, and at the corner of Cherry Tree-alley I saw Regan—I took him, and told him it was for stealing a purse from a little girl—he said he was not there—I gave him in charge, and went lower down, and found Wood standing with two other females—I took her to the station-house, and sat between her and Regan—I got up, and I heard Wood say, "Don't split, or we shall be booked, don't tell them that I know Pinfold or you."
REGAN*— GUILTY . Aged 15.— Transported for Ten Years—Convict Ship.
WOOD*— GUILTY . Aged 18.— Transported for Ten Years.
JAMES CHURCHLOW . I am shopman to Mr. William Palmer, a woolen draper, in the City-road. On the 7th of January, about five minutes past six o'clock, the prisoner and another young man were standing outside the window talking together for four or five minutes—they then both came in together—the prisoner asked me to show him some buttons which were in the window—while I was stooping to get them, the other one who stood behind the prisoner, took the roll of cloth from a shelf, and in going out he struck the door—I jumped over the counter, and could not see him—the prisoner tried to make his escape, and said, "Why don't you run after him, you will catch him?"—the 'prisoner said his name was George Williams, that he was a writer and grainer, living in Hackney-road, and at the station-house he said his name was George Coston—he said his family were respectable—the cloth was worth 2l. 13s.
Cross-examined by MR. CLARKSON. Q. How many persons were in the shop? A. Only myself—Mr. Palmer was up stairs at tea—the officer took the prisoner to the station-house.
WILLIAM DAMEN (police-constable G 161.) I was called about a quarter-past six o'clock on the 7th of January, and took the prisoner—he said his name was George Williams, and when he was at the station-house he said it was George Costan.
GUILTY .* Aged 29.— Transported for Seven Years.
ANN LANGABEER . I am the wife of William Langabeer, a boot and shoemaker, in Long-lane, Smith field. On the 18th of January, about half-past ten o'clock, I saw the back of the prisoner turning out of the shop—I followed, and called "Stop thief," but I did not overtake him—these boots were picked up and given to me—I did not see him drop them—they are my husband's—I am sure the prisoner is the person I followed out of the shop.
corner of Charter-house-street, and heard a cry of "Stop thief," and at the same instant I heard something fall—I turned, and saw these boots on the ground, and the prisoner was running from them—I cannot say that he dropped them—I followed him to Carthusian-street, where he went into a shop—I went and gave him into custody.
Prisoner's Defence. I was going to buy a herring, and to have half-apint of coffee for my breakfast—the witness came in and took me.
GUILTY . Aged 16.— Confined Three Months.
Sixth Jury, Before Mr. Sergeant Arabin.
599. MARY ANN M'CARTHY was indicted for stealing, on the 27th of January, 28 sovereigns, and 1 half-sovereign, the monies of Henry Thompson, from his person: and CHARLES ROONEY , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.: the said Charles Rooney was also charged with feloniously harbouring, comforting, and maintaining the said Mary Ann M'Carthy, well knowing her to have committed the said offence; contrary to the Statute, &c.
MR. PAYNE conducted the Prosecution.
HENRY THOMPSON . I am master of the brig John Fenwick, which comes from Stockton to London. On Monday, the 27th of January, I received 45l. in sovereigns and half-sovereigns, on the ship's account, between three and four o'clock in the afternoon—I put the money into a bag which had a division in the middle of it—I put some of the money in one side and some in the other—I put the bag in my left-hand trowser's pocket—I went down to Blackwall—I was going to my ship—I went into the Two Mariners public-house, and saw M'Carthy standing facing me—she came towards me, and said, would I give her something to drink—I said, no—she said, "Will you go across the way with me?'—I went with her to a room on the ground-floor of a house opposite—as I went in I observed the tall figure of a man, but I did not take any further notice of it—I had some silver in my right-hand pocket, and I took a shilling out, and gave it to M'Carthy when I went into the room with her—I put my coat off, and laid it down on a chair—I took nothing off but my coat—I was on the bed with M'Carthy—I cannot say for how long—I had not taken my money out of my pocket—I am sure it was in my pocket when I was on the bed with M'Carthy—after I had been on the bed some time, I found every thing was not correct, as I found M'Carthy was making motions, and putting her hand down as if in the act of robbing me—I then got up—she got up also, and as she got on the floor, my key, which had been in my right-hand pocket with ray silver, fell from her person on the floor, but I did not see any silver fall from her—upon that, I put my hand to feel if my bag was safe, and it was gone out of my left-hand pocket—the key and the silver were gone from my right-hand pocket, and the pocket was turned inside out—when the key fell, she stooped and picked it up—I seized hold of her hand, and took the key from her, and one shilling, which was in her hand—she directly sprang out of the room—I then searched for my bag, and found it on the lower part of the bed, on the counterpane—I found that the quantity of money was not the same as it had been—the bag was quite light—I put on my coat, and sprang out of the room as
quickly as possible, but I was not able to find M'Carthy—I called a policeman, and we searched in different parts about there, to find her, but we could not—we then went to a gas-lamp and counted the money—we found 16l. 10s. in one side of the bag, and the other side was quite empty—there had been no one in the room, to my knowledge, beside myself and M'Carthy—there was no light in the room but from a little fire—I might be on the bed with her ten minutes or a quarter of an hour—I did not take off my trowsers—we were on the top of the bed-clothes.
MR. HORRY. Q. What time did you first get this money? A. Between three and four o'clock in the evening—I think it was not earlier—it was nearly twelve o'clock when I met M'Carthy—I had in the meantime been at my undertaker's for three or four hours, and I had to go on different errands in the Highway—I was always alone—all the drink I had in the course of that afternoon was two pints of porter—my undertaker keeps a public-house, and I went into another public-house, where I met some masters, and there I had one pint of beer, but nothing else—I stopped there perhaps an hour—I received the money in Lombard-street, and met the prisoner down at Black wall—I know my purse was safe, the same as I had it from the banker's—I had put my hand to it more than once, and I felt the weight of it, and the button was on the pocket—when I went into the public-house where M'Carthy was I had my coat buttoned—my purse was in my left hand pocket, and the key in the right—I had my trowsers down when I was on the bed with her.
Cross-examined by MR. BALLANTINE. Q. Where do you live? A. At Whitby, in Yorkshire—I am a married man.
MR. PAYNE. Q. How long had you been away from home? A. About twelve months.
JAMES MANN (police-sergeant K 31.) I went after the prisoners on the 28th of January—I found them, about seven o'clock in the evening, in High-street, Shadwell, walking one after the other—I went up to the man, and said to him, "Rooney, I want you respecting a captain who has been robbed in Vinegar-lane"—he said, "Oh, nonsense, you don't want me"—I said, "You had better come with me to the station-house"—we went for a few yards, and then he said, "Well, I am d—d, I am put into this very prettily"—the other sergeant who was with me took M'Carthy—at the station-house' I found on Rooney nine sovereigns, 25s. 6d. in silver, and 1s. 9d. in copper, a gold mourning-ring, a knife, four yards of Irish linen, a yard of lawn, and half-a-dozen earthenware plates—while I was searching him, M'Carthy was present, and she called out several times, "The more b—y fool you, Charley, to allow him to search you"—I had asked Rooney, before I searched him, what he had about him, but, in consequence of the confusion, I could not catch his answer.
Cross-examined by MR. HORRY. Q. When the prisoners were first taken before the Magistrate, were they not discharged? A. No—M'Carthy bad been taken that morning to the station-house, but was discharged by sergeant King because he could not find the captain.
Cross-examined by MR. BALLANTINE. Q. You had some difficulty in finding Captain Thompson? A. Yes; that was in consequence of his giving a false name and address.
DANIEL DERRIG (police-sergeant K 27.) I was at the station-house, on Tuesday evening, the 28th of January, when the prisoners were brought in—I heard sergeant Mann ask Rooney what he had about him—he said, "I have nothing about me only what she gave me"—M'Carthy
was present and heard it, and she said, "You have nothing about you only what you work hard for"—in a short time Rooney said, "You laid a nice trap for me this morning."
Cross-examined by MR. BALLANTINE. Q. You were able to hear all this, though your brother officer says there was too much noise for him to hear it? A. I was.
COURT. Q. Did you make a memorandum of what was said? A. Yes, about five minutes after they were locked up.
SAMUEL GISSING . I am an apprentice to Mr. Child, a pawnbroker, in High-street, Shadwell. On Tuesday morning, the 28th of January, the two prisoners came to our shop, about twelve o'clock—Rooney asked me for some rings—I showed them some—I cannot say which spoke first, but M'Carthy said, "I want a ring for my husband"—the rings I showed them would not do, and they went away—M'Carthy was not sober—she said she wanted to purchase a glass and a great number of things—she offered money for a glass—Rooney said, "Never you mind what she says, you mind what I say"—M'Carthy said to him, "Give me 5l., or, by G—d, I will give you in charge"—directly afterwards she asked him for 3l.—he gave her some sovereigns, and said, "Take your money, and be d—d"—they went away, and came again about two o'clock, and I showed them this ring, which the officer has produced—I asked 25s. for it—Rooney bid me 18s.—I refused that, and they went away—they came again between three and four o'clock, and said they would give me a shilling more—Rooney, at last, paid me a sovereign for it, and bought it—he put it on, and said it was rather too small—I said, "It is no matter; when you wash your hands it will go on easily enough"—he said, "It is cheap enough to me," and they went away.
Cross-examined by MR. BALLANTINE. Q. Was Rooney sober? A. I believe he was.
JOHN SANDERS . My father keeps a linen-draper's shop in Ratcliffe-highway. On Tuesday, the 28th of January, the two prisoners and another person came to the shop—M'Carthy was not sober—they bought some merino, and looked at some Irish linen before they went away—they came again in the evening, and bought some Irish linen for a shirt—Rooney put his hand into his pocket, pulled out a sovereign, and paid me 10s. 4d. for it.
WILLIAM CLAYTON . I am a broker, and live in Back-lane, Shadwell. On the 28th of January the two prisoners came to my shop, and bought a bedstead, for which Rooney paid me two half-sovereigns—M'Carthy said she wanted to purchase some more things to the amount of 8l. or 10l.—she asked Rooney to pay for some more things, and be would not—he said she was drunk, and they would come again—she asked him to give her some money.
Cross-examined by MR. HORRY. Q. What time was this? A. I think about two or three o'clock.
BARTHOLOMEW BRENNAN (police-constable K 102.) Vinegar-lane is in my beat—I know both the prisoners—they keep company together, and sometimes live together—on Monday evening, the 27th of January, I saw M'Carthy standing at the bar of the public-house—I saw the prosecutor
come up the lane, and go into the public-house—he stood at the bar with M'Carthy—I did not see Rooney at that time—between one and two o'clock in the morning I saw Rooney standing on the pavement, near the house where M'Carthy lives—he was standing in front of the house—I passed him about twenty yards—I heard a man say, "If I could see a policeman he would make it all right for me "—I cannot tell where Rooney was at that time, but the voice came from the direction where he had stood.
COURT. Q. Was it the voice of Rooney? A. No, of some other person—I went back, and saw the prosecutor, and he communicated to me what had happened—he described M'Carthy's person—I searched the house, but found nobody there—I counted the gold in the bag, and there was 16l. 10s. in it.
M'CARTHY— GUILTY . Aged 16.— Transported for Fifteen Years.
ROONEY— GUILTY . Aged 21.— Transported for Fourteen Years.
THOMAS HUSBAND . About a quarter-past seven o'clock on the morning of the 25th of January, I was at the corner of Paternoster-row—I saw the prisoner there—he made three attempts to pull the coat down from the top of the box of Mr. Edmead's van, which was standing unloading meat—on the third attempt it fell down, and he took it into his arms, and walked away with it—I gave the alarm, and followed him—he was taken—he dropped the coat, and it was picked up—this is it—(looking at it.)
Cross-examined by MR. PAYNE. Q. Where was he stopped? A. In the Post-office yard, about thirty or forty yards from where the coat was taken—I am sure the prisoner was the person who took it—I was not two yards from him—I did not stop and speak to the guard of the van—I called to him—I am an iron-plate worker, and live in Peter-street, Cowcross—I was standing about, as I was out of work, trying to get a job.
GEORGE CARD . I was standing there that morning, and Husband came and told me about the prisoner taking the coat—I jumped down, and ran after him—I saw him with the coat in his possession, and saw him drop it.
Cross-examined. Q. Are you quite sure it was the prisoner? A. Yes—I followed him till I saw him taken—he dropped the coat by the side of the Post-office—I was three or four yards from him—I came back, and took up the coat.
Cross-examined. Q. How do you know your coat? A. I can swear to it by different marks on it—this handkerchief and shawl, and these gloves and a newspaper were in the pocket of it.
Cross-examined. Q. Did you go to his house? A. Yes—I found his wife and a child in very great distress.
GUILTY . Aged 23.—Recommended to mercy by the Jury.— Confined One Month.
THOMAS HOBBS KING (police-sergeant N 22.) I searched a lodging at No. 18, Lower-road, Islington—the landlord found nineteen duplicates under the table, eight of which related to the property named in this indictment—I then went to Mr. Post's, and from there to the station-house, where the prisoner was in custody—I spoke to him, and when he saw the duplicates he said he owed a great deal of money when he came into Mr. Post's service, that he had taken the articles to raise money to pay his debts, and he intended to return them.
Cross-examined by MR. DOANE. Q. Did he not state that he was discharged before he had an opportunity of restoring them? A. Yes.
FRANCIS BENNETT . I am foreman to Mr. Jacob Post The prisoner lived with him as his coachman—I can identify these brushes and sackings as Mr. Post's—the brushes have our private mark on them in my own hand-writing.
GUILTY . Aged 25.—Recommended to mercy.— Confined One Month.
PETER LEACH . I am apprentice on board the ship Sullivan. On the 26th of January it was lying in St. Katharine's Docks—the prisoner came to the side of the ship, and asked for some victuals—I gave him some bread and beef—I afterwards left the ship, and when I returned, one of my shirts had been taken from the main-mast—this is it—(looting at it.)
THOMAS DODD . I belong to the same ship. The prisoner came on board, and we gave him some bread and meat—Leach went on shore, and left the prisoner on board—he staid on board for three-quarters of an hour, while I went to get my jacket he went away, and when he was gone I missed this shirt—I saw the prisoner on shore in about ten minutes, and he had the shirt on his back—I told him to drop the shirt—he said, "Don't make a noise, or they will give me six months in prison"—this is the shirt.
Prisoner. I lost every thing by being cast on shore in Yarmouth Roads last Sunday fortnight.
GUILTY . Aged 22.— Confined Three Months.
for two or three minutes, and when I came out the clock was missing—I went in pursuit of three men whom I saw going along, and the prisoner, who was one of them, had a bundle—I called "Stop thief," and the prisoner dropped the clock—he was taken into custody.
Prisoner. Q. Did you find the clock on me? A. You ran in the road, and dropped it in the road.
Prisoner's Defence. A man ran against me, and dropped the clock by my side, and this witness came and said I had stolen it.
NOT GUILTY .
OLD COURT.—Thursday, February 6th, 1840.
Second Jury, Before Mr. Sergeant Arabin.
604. WILLIAM BUTLIN, WILLIAM IVES , and THOMAS BRICE , were indicted for feloniously breaking and entering the dwelling-house of John Gill, and stealing therein, 4 loaves of bread, value 1s. 4d. his goods; to which they pleaded
GUILTY .— Confined One Month.
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 35.—Recommended to mercy by the Prosecutor.— Confined Six Months.
607. SARAH SPIERS was indicted for stealing, on the 2nd of November, 4 yards of flannel, value 4s.; 4 sheets, value 6s.; 3 aprons, value 1s.; 7 towels, value 3s.; 3 printed books, value 4s.; and other goods, of Harriet Warner.
HARRIET WARNER . I am a widow, and live in York-court, Castle-street. I have known the prisoner a good while, and have employed her for three or four months to assist me in washing—I lost the property stated from the up stairs room—I did not miss it till the 20th—she had been at my house on Saturday, the 18th, and had the means of taking it—I suspected her, went with an officer to where she lived, and found some duplicates relating to this property.
Cross-examined by MR. DOANE. Q. Have you not known her some years? A. Yes, six or seven years, but she has not worked with me all that time—I had nobody else in my employ—the things were not locked up—I always had a good opinion of her.
JAMES BRANNAN . I am a police-sergeant. I went with the prosecutrix to the prisoner's lodging—the prisoner opened the door to me—she gave me up some duplicates—part were in a pocket-book, and part I found between the bed and mattress—I went round to different pawnbrokers, and found the property.
Cross-examined. Q. Is she married? A. I believe so—she has no children, I believe.
Cross-examined. Q. When was this flannel pawned? A. On the 18th of November—I am sure the prisoner pawned it.
(Property produced and sworn to.)
GUILTY .* Aged 26.— Transported for Seven Years.
ELIZABETH RODDICK . I am the wife of William Roddick, and live in Old Pye-street, Westminster. The prisoner lodged in a back house of ours for six months—we furnished her room—last Tuesday week I missed a sheet and blanket from it—these are them—(looking at them)—the prisoner had left without giving us notice, and had not paid her rent—I do not know how she got her living—when I found her out she said she had not left.
WILLIAM CORNISH . I am a policeman. The prosecutrix came to the station-house for a constable—I went with her to the house, and found the duplicate of the property on the prisoner—I went to the pawnbroker's, and there found the property.
Prisoner. I leave myself to the mercy of the Court.
GUILTY .* Aged 55.— Transported for Seven Years. Recommended to the Penitentiary for One Year.
Before Mr. Justice Williams.
609. HENRY PUDDUCK was indicted for stealing, on the 22nd of January, at St. Marylebone, 2 tea-pots, value 10l., and 1 milk-pot, value 2l., the goods of Mary Lushington, in her dwelling-house; and that he had been before convicted of felony.
WILLIAM HERBERT . I am servant to Miss Mary Lushington, of No. 4, York-place, Baker-street—she is the housekeeper—I have the care of the plate. On Wednesday, the 22nd of January, I was in the kitchen about half-past eleven o'clock in the day-time—the plate is kept in front of the house, in my pantry—I saw two tea-pots and a milk-jug, and other plate, which had just been cleaned, standing on the dresser, about a quarter of an hour before—while I was in the kitchen I heard the area door at the bottom of the steps open, and in about a minute I heard a sort of jingle in the pantry—I went there, and missed two tea-pots and a milk-jug—I saw the prisoner going up the area steps into the street—I went after him, came up to him, tapped him on the shoulder, and said he had something which did not belong to him—he said he had, that he had just picked them up—I got an officer, and had him taken—I was present when two teapots, silver milk-jug, and two packets of blacklead, were produced from his person—he had them in his hand, in a bag—(looking at them)—these are my mistress's property—they are silver, and are worth 20l., I should think.
Cross-examined by MR. CLARKSON. Q. Is Miss Lushington here? A. No, she is about seventy years old—her sister lives in the house with her, and she is between fifty and sixty—they have lived together many
years—Mary is the elder sister, and the house and all the property was left to her—the prisoner is the man I saw coming up the steps—I did not see his face going up the steps—I took him within three or four minutes, about thirty yards off—there was nobody else passing.
WILLIAM RANDOLPH DONALDSON . I live in Northumberland-street, New-road. I was passing No. 4, York-place, on the 22nd of January, and saw the prisoner come out of the area about twelve o'clock, or a little before—I saw the witness seize him, and am certain the man he secured is the man I saw come out of the area.
Cross-examined. Q. Did you see two other men standing by the rails of the area? A. Not then, but when the footman brought him back to the house, I saw two men standing at the corner, about two doors off—they were dressed as mechanics.
WILLIAM HERBERT re-examined. I saw two men standing at the rails when I looked—I am quite sure the person I saw going up the steps was neither of those two men, because 1 particularly noticed his height, and the coat he had on.
THOMAS GANE . I am a policeman. I produce a certificate of the prisoner's former conviction from Mr. Clark's office—(read)—I know the prisoner to be the person who was convicted by the name of George Fountain.
GUILTY . Aged 30.— Transported for Ten Years.
Before Mr. Justice Coltman.
610. THOMAS POVEY was indicted for stealing, on the 11th of January, at St. Marylebone, 2 coats, value 6l. 10s.; 1 waistcoat, value 12s.; 1 pair of scissors, value 1s.; 1 brush, value 2s.; 1 pair of gloves, value 9d.; 1 pair of steelyards, value 3s.; 1 box of grease, value 4d.; and 1 gauge, value 7s.; the goods of Thomas Biss, in the dwelling-house of Robert Unwin.
THOMAS BISS . I lodge in Queen-street, Edgeware-road St. Marylebone, in the house of Robert Unwin—the prisoner came to lodge in the same room with me on the 3rd of January—we were to sleep in the same bed. On Saturday, the 11th of January, I left the room at half-past seven o'clock, leaving the prisoner in bed—I returned about half-past six or seven o'clock in the evening, found my cupboard-door broken open, and my clothes and articles taken—I had left it locked—the bolt of the lock was forced back—the value of my clothes was 7l. 9s. 1d.—both the coats were quite new, and I value them at what they cost, but the other articles I value as they were—the prisoner did not return to his lodging—I saw him again on Tuesday evening, the 14th of January, and gave him in charge—I said I believed he had robbed me—he said it was no such thing, and said he did not know me—I went to the station-house with him, and when he was searched, I saw he had my waistcoat on, and my scissors were found in his pocket.
Cross-examined by MR. PHILLIPS. Q. How long had you had the coat? A. Not thirteen months—the other things I had a great deal longer—the articles would not fetch 7l. 9s. 1d.—that is their value to me—one coat I had not had six months, and the other was a great coat which I had not worn above two or three times—Alice Sharp is landlady of the house, but not of the lodging—Unwin lives in the house—I have lived there fourteen years, and know his Christian name—he goes by the name of Robert Unwin—I have heard him called so.
THOMAS ALLEN . I am a policeman. I took the prisoner into custody, from Biss, who secured him in the street—I took him to the station-house, and searched him—he had two outside coats on, the one he has on now, and a pilot-coat over it—four waistcoats and two shirts—the prosecutor claims one of the waistcoats, which I produce.
GUILTY of Stealing under 5l. Aged 21.—
611. THOMAS POVEY was again indicted for stealing, on the 14th of January, at St. Marylebone, 3 waistcoats, value 1l.; 2 coats, value 4l. 15s.; 4 shirts, value 1l. 4s.; 3 handkerchiefs, value 9s.; 1 pair of boots, value 10s.; 1 tobacco-box, value 2s.; 2 cigar-cases, value 2s.; and a 1/4 lb. of bees-wax, value 6d.; the goods of Edmund Goodfellow, in the dwelling-house of William Murchie.
EDWARD GOODFELLOW . I lodge at No. 4, Bird-street, in the house of William Murchie, in the front room, second floor. On Saturday, the 11th of January, the prisoner came to lodge there, and slept with me—on Tuesday morning, the 14th, I got up a little before eight o'clock, and left the prisoner in bed—I returned about five o'clock in the evening, and missed all my clothes out of the box, besides things hanging in the room—I had left the box locked—I gave information at the station-house on Tuesday, the 14th, and the prisoner was taken shortly afterwards—I was sent for to the station-house, and saw the policeman take from him two waistcoats and a shirt, and a pair of boots off his feet, which were mine—the value of all I lost is about 9l.—I am sure it is above 5l.
GUILTY . Aged 21.— Transported for Ten Years.
Before Mr. Justice Williams.
EDWARD HENRY KING . I am a general salesman, and live in Tothill-street, Westminster. About half-past three o'clock on the afternoon of the 20th of January, in consequence of information from Mr. Martin, I looked at my door, and missed a brown cloth cloak, which I bad seen safe about an hour before—Smith, my young man, brought the prisoner back to the shop directly, with it on her back—it was not outside the shop.
FREDERICK MARTIN . I am a cheesemonger, and live opposite Mr. King. On the afternoon of the 20th of January, about three o'clock, I was standing at my door, and saw the prisoner come out of the public-house, which is next door but one to the prosecutor—she took the cloak down from the door, put it on her back, and returned into the public-house again—I am sure she is the woman—I did not know her before—I directly went over and informed Mr. King—his young man fetched her out of the public-house with the cloak on, and gave her in charge—I should say it was the same cloak she took from the prosecutor's door—she had no cloak on before she took it, and it appeared the same—she was very much intoxicated at the time, and staggered very much.
JAMES SKELTON . I am a policeman. I was fetched to the prosecutor's, and took the prisoner into custody—the prosecutor gave me the cloak—he had taken it from her previous to my getting there—the prisoner had been drinking, and appeared more drunk afterwards.
(Property produced and sworn to.)
Prisoner's Defence. I have no recollection of it—I am not guilty.
(The prisoner received a good character.)
GUILTY . Aged 31.— Confined One Week.
First Jury, Before Mr. Recorder.
613. RICHARD GOLDEN and JAMES BAKER were indicted for stealing, on the 12th of December, 5 handkerchiefs, value 21s., the goods of Isidor Levinson; and EMANUEL MYERS , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. RYLAND conducted the Prosecution.
CAROLINE LEVINSON . I am the wife of Isidor Levinson, a hosier and glover in the Haymarket. One Thursday afternoon, I think the 12th of December, the prisoners, Golden and Baker, came into the shop together—Baker asked me for a pair of white cotton stockings—I showed them some, after looking at him for a minute or two, as he was extremely agitated when I came forward to him—I took the stockings off a shelf—I had no occasion to move from where I stood, as the shelf was within reach—I opened the stockings for them to look at—I looked at the prisoner Baker, and being alone, I did not judge it prudent to accuse him at the moment—there were some handkerchiefs on the counter, and when I produced the stockings, I missed the handkerchiefs—I said, "There were some crimson silk handkerchiefs lying here not a minute before, no person has been in the shop, you must have taken them?"—on which Baker said, "We are respectable young men, we came in here to buy, not to steal, my father's name is Taylor, and I reside in Bond-street"—I asked Baker to take off his hat, which he did instantly—I found nothing there—I then asked him to turn out his pockets, which he did, and I found nothing there—I looked at Golden, and he did something with his hat which he took off, and held before his eyes—I requested him to take off his hat, which he did, and I found nothing—I then saw his left side pocket very bulky, and requested him to turn that out, and I should be satisfied, on which he said something to his companion, which I did not understand, and they instantly rushed out of the shop—my servant came in while I was talking to them, and came round the counter to me, and stood by me till the two prisoners ran away—she ran out after them—I went to the door and called "Stop thief"—I saw Baker go up Norriss-street—Golden ran towards Coventry-street with the pair of stockings naked in his hand—he had tendered me half-a-crown the instant he came into the shop—I had not sold him the stockings—they came to 2s., and I told him so—he ran away, leaving the half-crown on the counter without waiting for change—I did not see them again till they were in custody at Bow-street—Sergeant Pocock brought the handkerchiefs to my shop afterwards—nobody had been in the shop after I had seen the handkerchiefs safe on the counter, and nobody had the opportunity of taking them, except one of the two prisoners.
Cross-examined by MR. PAYNE. Q. What should make the prisoner agitated? A. I was convinced he had the handkerchiefs, or he had passed them to the other—I was going into my parlour, when they entered the shop, and could not be seen—it was about two o'clock—I never saw either of the prisoners before, and it was about a fortnight before I saw them again—I do not know the date—it could not be a month, because I told Mr. Twyford it was a fortnight that day—when I asked Golden to
turn out his pocket, I pointed to his pocket—they were seven or eight minutes in the shop—my servant is not here.
THOMAS POCOCK (police-sergeant F' 13.) I was on duty on Tuesday, the 31st of December, in Belton-street, Long-acre, between eleven and twelve o'clock in the morning, and saw the prisoner Myers go into No. 12, in that street, which is a broker's-shop, with an empty bag wrapped upunder his arm—he was in there about three-quarters of an hour—he then came out, and had the bag under his arm still in the same state, and went towards Long-acre—I watched him—he did not go out of my sight—he went about one hundred yards up Belton-street, towards Long-acre—I saw a young female come out of the same house as he had come out of—she ran p the street, stopped Myers, and brought him back to No. 12—I still kept my eye on the house, and in about a quarter of an hour he came out again, with the bag on his shoulder, very bulky—he went up Belton-street, towards Long-acre—I followed, and stopped him in Long-acre, and asked him what he had in his bag—he said, "Only a few packs of cards "—I told him I was not satisfied, he must go with me to the station-house, which he did—I searched his bag there, and found six packs of playing-cards, and a number of handkerchiefs and other things—when I pulled out the silk-handkerchiefs he said, "That is my property; I bought it in the regular way of trade, down in Cutler-street, Houndsditch"—I know Cutler-street is a place for things of that sort—I did not apprehend Golden and Baker, the person who did is not here.
Cross-examined by MR. PHILLIPS? Q. On looking at your deposition, I do not think you used the word only, but that he said he had a few packs of cards? A. He said a few packs of cards—I have made inquiry respecting his character—I have known him myself by sight for years—if he had been in trouble I should have known it—as for as 1 know he is a respectable dealer.
MRS. LEVINSON re-examined. These are my husband's property, and were on the counter at the time in question.
MR. PAYNE? Q. What do you know them by? A. By the make—I hemmed them myself—they are India silk, printed in London, the best that can be procured—they were separate handkerchiefs when I lost them, and were lying in a pile—I missed them before I spoke to the prisoners—I had put them straight not a minute before.
(Michael——, bricklayer, New-street, Golden-square, deposed to Golden's good character.)
GOLDEN— GUILTY . Aged 20.
BAKER— GUILTY . Aged 19.
Transported for Seven Years.
MYERS— NOT GUILTY .
614. JOSEPH LINAN was indicted for stealing, on the 28th of December, 13 yards of silk, value 2l. 12s., the goods of Zachariah Watkins; and EMANUEL MYERS was again indicted for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. RYLAND conducted the Prosecution.
CHARLES COSSUM . I am shopman to Zachariah Watkins, a trimmingseller in Regent-street. On the 28th of December, about eight o'clock in the evening, the prisoner Linan came into the shop alone, and asked for a a halfpenny-worth of needles, I served him with them—there were thirteen yards of silk in two lengths, on a wooden roller in the shop when he came
in—I saw it on the counter about ten minutes before he came in—he left the shop with the needles—there were other people selling in the shop, but not where I was—it is a very large shop—there were a few other customers, but nobody near that part of the counter—I missed the silk ten minutes or a quarter of an hour after he was gone—the roller was left on the floor, on the customer's side of the counter, but the silk was gone—this is it—(looking at it)—it cost 4s. a yard—there is eight yards and five yards—it was produced to me at Bow-street about a week afterwards—he left the shop as near eight o'clock as possible—our shop is about half a mile from Belton-street, or not quite so far—he was quite a stranger.
THOMAS POCOCK . I am a police-sergeant. I was on duty on Saturday night, the 28th of December, about half-past eight o'clock, in Belton-street, Long Acre, which is about half a mile from Regent-street—I saw Linan come out of No. 12, in company with the two prisoners in the last case, Golden and Baker—I did not see them go in—they had nothing when they came out that I could see, and I let them pass—on the Tuesday following, the 31st of December, between eleven and twelve o'clock in the morning, I saw Myers come out of the same house, with a bag on his back—I stopped him, and asked him what he had in his bag—he said, "A few packs of cards"—I took him to the station-house, and found in his bag these two pieces of silk, six packs of cards, a pair of old trowsers, and some handkerchiefs—when I pulled it out, he said, "That is my property; I purchased it in the regular way of business, in Cutler-street"—I had heard of this robbery about five minutes before Linan and the other two came out of the house.
Cross-examined by MR. PHILLIPS. Q. This is the same occasion as you gave evidence of in the last case? A. Yes—there were some silk handkerchiefs, a piece of serge, one piece of black handkerchiefs, five in number, and another piece two in number, in the bag.
COURT. Q. Did you go to Cutler-street to make inquiry? A. I did, but could not find any body that he purchased them of—these are in pieces, not single handkerchiefs.
Linan's Defence. I know nothing at all about it.
MR. PHILLIPS called
LEWIS LEE . I am a tailor, and live in Cutler-street, Houndsditch. I have worked for one house of business twenty-one years—I work for two wholesale houses—there is a mart held in Cutler-street, and hundreds of persons are assembled there every day—that is well known—Myers has been in the habit of attending there eight years, regularly every day, buying and selling—it is a place where every description of article is bought and sold—I saw Myers in Cutler-street on Monday, the 30th of December—he bad a black bag under his arm—he said, "Lee, I have got something in my bag that will suit you"—I said I would look at it, and he showed me two remnants of striped serge—the smaller remnant that I saw was much more faded than the large one—(looking at the silk produced)—I cannot see at night whether this is so—yes, here it is—it is discoloured—this is the serge—it is silk serge—when we buy it we ask for that—I do not know what it is made of—it is silk and serge, not purely silk—it is mixed with a sort of worsted—I should call it silk—I declined to buy it of Myers, on account of its being faded—I had previously been offered that very same article for sale in the market by another person, and as soon as Myers showed it to me I said I had seen that same silk before, and had declined to buy it on
account of its being faded—I saw some handkerchiefs in his possession at the time—I cannot tell of what description.
MR. RYLAND. Q. Are you a master tailor? A. Yes—I have resided at No. 4, Cutler-street, two years, and before that I lived ten yean in Harrow-alley, which is in the same market—I have known Myers between seven and eight years—we buy and sell any thing in Cutler-street—we do not ask where the things come from—it was a tall thin man that offered me the silk—I have seen him sometimes in the market—I should know him again if I were to see him—I cannot tell who he is—I have no idea of his name or occupation—I frequent the market every day in the week, and know nearly every body there—this silk laid on a stall—I first purchased three gross of black buttons of the person—after that I saw this silk there, and said, "How much the serge?"—he said, 3s. 3d. a yard—I examined it closely, and said it would not suit me, it was faded—I could buy it at 3s. 6d. a yard—I was about ten minutes in conversation with the person—he was quite a stranger to me—I had never dealt with him before—I have not seen him since—I have attended the market regularly, but he has never been there since.
COURT. Q. Is the business carried on at stalls in the street? A. Yes; people stand at stalls, and display their goods—other persons have the tall thin man's stall now—the people who live in Cutler-street put stalls outside their doors, on the pavement, and in the road, and people pay 3d. and 6d. for putting their things there for the day—there were various other things on this man's stall, trowsers, and handkerchiefs, and remnants of cotton—there were various sorts of handkerchiefs, but I did not notice them, as it is an article that does not suit me—I do not know Belton-street.
MR. JONES. Q. Did you see on other people's stalls articles similar to those you saw on the tall thin man's stall? A. Yes—any stranger, by paying 3d., can have a stall in the market for the day—the stalls belong to the persons who occupy the houses, and they let them—Myers has always borne a very honest character—in my judgment, this silk is worth 3s. 3d. a yard—I know it by being in two remnants—I have not seen it since the 30th of December till this moment.
CHARLES COSSUM re-examined. Four shillings a yard is the price we sell this at—I do not believe it is faded—it has been in our shop about nine months—it has never been exposed in the window, and was not likely to become faded, unless it came to us so—I never noticed that it was faded.
MR. PHILLIPS. Q. Do not you know that, in London, silks are over and over again sold much under their value, even in regular shops? A. At times they are, according to the article—I have not known silk sold under prime cost in respectable shops—I do not think fair tradespeople would do it—I have not noticed them ticketed at an underprice in Oxford-street or Regent-street—they are sold at a very low price—silk is frequently sold under its value—this is worth 4s. a yard—it is a very saleable article—the silk trade is not particularly depressed now—it is depressed—small tradespeople are often obliged to sell their goods at an underprice in order to meet their bills.
(Several witnesses gave Myers an excellent character.)
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
FREDERICK THOMPSON MEREDITH . I am fifteen years old, and am shopboy to Mr. Frederick Thompson Hildreth, a hosier and glover, in Oxford-street On an evening in December, (I cannot say the day of the month,) I was in the shop, between nine and ten o'clock; the prisoner came in and asked for a penny skein of black silk—I told him we did not sell it—in passing out at the door he caught up a bundle of handkerchiefs, and ran off—I immediately pursued him—he ran down Chapel-street, and when he saw me he threw them into a greengrocer's shop—I secured them, and took them to my employer—I did not follow him further.
FREDERICK THOMPSON HILDRETH . I keep this shop. Meredith gave me the bundle of handkerchiefs—they are my property—I gave them to the officer before the Magistrate—I do not recollect the day of the robbery—it was after Christmas-day—Pocock afterwards brought me a quantity of things, but none of them belonged to me—my boy identified the prisoner at the office—I saw nothing of the transaction—these are the handkerchiefs—(looking at them.)
Prisoner's Defence. The handkerchiefs were not delivered to the officer till after I was committed here—I dare say there have been handkerchiefs sold out of the bundle since.
MR. HILDRETH re-examined. It is very probable some may have been sold out of the bundle since—I know these to be the same, as I have no other bundle like them—I know the handkerchiefs the boy brought back are mine—they are cotton ones.
GUILTY .* Aged 12.— Transported for Seven Years.
NEW COURT.—Thursday, February 6th, 1840.
Fifth Jury, Before Mr. Common Sergeant.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 50.— Confined Six Months.
GUILTY .* Aged 12.— Transported for Seven Years.—Convict Ship.
GUILTY . Aged 17.— Confined Six Months.
620. HENRY CHURCHLEY and JAMES WHITE were indicted for stealing, on the 16th of January, 8lbs. weight of wool, value 12s., the goods of William Hall and another, the masters of Henry Churchley; to which Churchley pleaded
GUILTY . Aged 19.— Confined Six Months.
MR. CLARKSON conducted the Prosecution.
SAMUEL HUNT . I am errand-boy to Messrs. Lord and Hall, woolbrokers, in the Old Jewry—they occupy the back of Mr. Woolley's house—Churchley was in their service, and was in the habit of locking up. On the 16th of January I went on the premises after business hours with Churchley—we came out, and went to the corner of Old Jewry, he said, "Good night," and went up towards the Poultry, and I supposed he was going about his business—the next time I saw him he was in custody.
THOMAS HAMMOND . I am assistant to Woolley, Son, and Co., tailors, in the Old Jewry. The counting-house of Lord and Hall is at the back of my employers' house—at the close of the day the key is brought, and hung up in our counting-house—on the 16th of January, some time after five o'clock, I heard Churchley and Hunt go away—he had not brought the key—I heard Churchley come back, and go into Lord and Hall's counting-house again—he went in two or three times—he went to the door, then came back, wished us good night, and hung up the key in our counting-house—about five minutes after, a police-inspector knocked at our door—Mr. Plimley went to it—the policeman had White in custody, and a bag with him—he asked if we knew that man White—we said, "No"—when I opened the bag I saw the wool in it—White was detained.
Cross-examined by MR. PAYNE. Q. Where you when you heard Churchley going backwards and forwards? A. At work—there was a partition between the passage and me—I heard him hum, and knew his voice very well—I did not see him go to the door, but I heard him—he went to the front door, which comes out into the Old Jewry—I could tell that he went from the counting-house to the front door, because nobody is allowed to go in but him and Hunt after the others leave—I heard him go along the passage very plainly.
WALDRON KELLY . I am a police-inspector. On the 16th of January I was going on duty, and had to pass through the Old Jewry, accompanied by Barnes—I passed White standing opposite Lord and Hall's, in the Old Jewry—he attracted my notice from his appearance, seemingly watching some place opposite—Barnes, who was with me, said something—I halted, and we watched him—in about three minutes he passed over to Lord and Hall's, and received a bag from the bands of a person—I cannot swear, from the distance, that it was Churchley, as I could not see his features, but it was at the door—I kept my eyes on White—he came down towards me on the opposite side—he increased his pace, and at last ran—I pursued and stopped him in Cateaton-street—I asked what he had got in the bag—he said it was his own property—I asked what it was—he refused to say—I asked if he knew any person at No. 9, the door he had just left—he said, "No"—I took him back to the door—the witness came to the door—I asked if he knew him, and to look at him well with the candle in his hand—he said, "No," he never saw him before—I asked him if he
knew what was in the bag—that he opened it, saw it was wool, and suspected it was Lord and Hall's—I then went to Basinghall-street, and found Churchley in custody there.
Cross-examined. Q. Where did you take White? A. About a hundred and ten yards from the prosecutors'—Barnes stood nearly opposite Lord and Halls—I stood about five yards from him—White was opposite Lord and Hall's.
ROBERT BARNES (City police-constable. No. 301.) I was with Mr. Kelly in the Old Jewry—I have heard what he has said—it is true—after he had separated from me, and taken White, I went after Churchley—I took him in Moorgate-street—I had to run after him—I found some papers on him—I saw the person who delivered the bag to White—it was Churchley.
GEORGE ELLIOTT BROWN . I am a warehouse-keeper in Upper Thames-street. I have bonding warehouses there for wool—I have inspected these sample papers found on Churchley—two of them I can positively swear were issued from our warehouse—one of them has our stamp on it in particular—we had furnished to Lord and Hall a sample of this particular sort of wool—this is called an average sample, but one average sample was drawn of this mark, and that sample was sent to Lord and Hall—this other paper is marked with our mark—some of that was supplied to Lord and Hall, and others have had the same, but the average sample was sent to them, and no one else—there is in this bag, wool which answers to the class of wool that was in one of these papers.
Cross-examined. Q. Can you tell how long ago any of these went to Lord and Hall? A. This average sample was delivered on the 9th or 10th of January, and this other-sample-paper went about the same date—I gave orders for the average sample to be drawn, but I was not present when it was delivered—this part of the wool, to the best of my knowledge, is what was in the average sample.
WILLIAM HALL . I am in partnership with William Hind Lord—our counting-house is in the Old Jewry. Churchley has been in our service three or four years—I have looked at these papers found on him—two of them have been in our possession—I looked at the bag after it was found, and found a small remnant of paper in it, and the figures of 4 5 on it, in the writing of our own clerk, Mr. Groves.
Cross-examined. Q. When was this piece of paper found in the bag? A. A day or two after, when we went to examine the wool at the station-house—I had not examined it before.
(Isaac Potter, a coffee-house keeper, Long-acre; James Chamberlain, agent and wool-factor, Ball's-pond; Thomas Green Phillips, Hackney-road; Thomas White; and Thomas Brassey, Margaret-street, Golden-square; gave the prisoner White a good character.)
WHITE— GUILTY . Aged 19.—Recommended to mercy by the jury— Transported for Seven Years.
GEORGE BOWIE . I am servant to John Cook, a baker, in Edgeware-road. About five o'clock, on the 11th of January, I left my basket at the corner of North-bank, while 1 went to No. 32, leaving two bags of flour and two half-quartern loaves in my basket—I returned in about ten minutes, and missed the loaves and the two bags—each contained 3 1/2 lbs. weight of
flour—I traced it from North-bank to South-bank, and found the prisoner and two loaves of bread, but no flour—I knew the loaves to be my master's.
Cross-examined by MR. PERNDERGAST. Q. You asked what he had got? A. Yes—he said, "Two loaves/' and that he received them from two persons who were almost in eight at the time—they ran away—I did not go after them.
NOT GUILTY .
BENJAMIN SMITH . I keep a fancy toy-warehouse in Bishopsgate Without. On the 9th of January, about half-past four, or a quarter to five o'clock, I missed this work-box, which was standing on some others in my shop—it was brought to me by a policeman—it is the only one of this sort I had left—here is the ticket of it—(looking at the box.)
JOHN ROADKINGHT (police-constable G 167.) On the 9th of January, about five o'clock, I saw the prisoner come out of an unfinished house, at the back of the City of London Theatre—I asked what he had been doing there—he said, to do his occasions—I asked what he had got under hit arm—he said, a box he was going to deliver for his master—I then took this box from him—he had a ticket in his mouth, trying to bite it—I snatched it from him, and found it to be the ticket of the box, in going along I had great difficulty to take him, and he said, "You b——I found it, you can't hang me."
GUILTY . Aged 18.— Confined Six Months.
623. MARY D'ARCEY was indicted for stealing, on the 11th of January, 1 looking-glass and stand, value 9s.; and 1 bag, value 6d.; the goods of John Barrett: two gowns, value 15s.; and 1 handkerchief, value 1s.; the goods of Eliza Cowdery.
JOHN BARRETT . I keep the Duchess of Oldenburgh public-house in Goswell-road. On Saturday night, the 11th of January, at half-past nine o'clock, there was an alarm—I went into the passage, and saw the prisoner in the act of going to the door, with a bundle under her cloak—I caught her by the arm, and immediately she dropped some of these articles—I sent for an officer, and gave her in charge—the looking-glass and bag belong to me, and the other things were my servant's—they were in nay servant's bed-room.
Cross-examined by MR. PAYNE. Q. Did she appear to be sober? A. Yes—she sat some time there before she went up stairs—she said nothing—there was nothing strange in her appearance.
ELIZA COWDERY . I am the bar-maid—these two gowns and one handkerchief are mine—I was running up stairs, met the prisoner coming down—I said, "You have been up stairs," she said, "I have not"—I made an alarm, and my master came and took her—I had seen these things safe about three o'clock, one behind the door and the other in the cupboard.
Cross-examined. Q. Do you know these by any marks? A. No, there is none of my work on them, but I know them from wearing them,—the prisoner was sober—these other things were in my room too.
GUILTY . Aged 49.— Confined One Year.
(There was another indictment against the prisoner.)
JAMES HASELL . I am a sailor, and live at the Sailor's Home—the prisoner was living there—his cabin was nearly opposite mine. I went out about five o'clock on the 19th of January, leaving a jacket and two shirts at home—I came home about ten o'clock, and these things were gone—I went to Mr. Barnett's in Cable-street on Monday morning, and found them.
DAVID BARNETT . I am a clothier, living in Cable-street. The prisoner brought these things to me, to let him have 5s. 6d. on them, on Sunday evening, the 19th, between five and six o'clock—I bought them for 5s. 6d.—he was sober.
Prisoner. I never took a single thing to Barnett—I never robbed a man in my life, and would not do it for such a paltry thing as this.
GUILTY . Aged 38.— Confined Six Months.
625. ALICE ATHERTON was indicted for stealing, on the 19th of November, 5 blankets, value 1l.; 7 sheets, value 18s.; 3 pillow-cases, value 1s. 6d.; 2 pillows, value 5s.; and 1 carpet, value 5s., and other articles, the goods of Catherine Phipps.
CATHERINE PHIPPS . I am single, and live in Windsor-terrace, City-road. On the 18th of November the prisoner came and took my furnished lodging, at 15s. a week—it contained the articles named—she staid about nine weeks—the family remained after the mother was committed to prison—on the 7th of January I went with a broker to distrain—there was violent resistance by two of the children against the broker's getting in—I found the rooms were stripped, and these things taken—they are here—I can identify them all.
Cross-examined by MR. PHILLIPS. Q. How long had she been lodging with you when you distrained? A. About seven weeks—she had four children—she said she had two guineas a week coming in, and some money from a medical student lodging with her—I distrained for 2l. 13s.—this is the inventory—my broker took away her property by my direction—it was nothing but a pack of boxes and rubbish—I believe there were some books—I did not take the little girl's bird—that remained in the apartment—it was taken out of the cage, and the cage was taken away—I do not know that there was a portmanteau taken—I saw a carpet-bag in the doctor's bed-room—I believe there were two pairs of trowsers, and four pairs of stockings—I believe the prisoner is the widow of an officer in the army—her conduct has not corresponded with her character—the officer found these duplicates—I saw the name and address on them—it was on my distraining that I missed this property.
THEOPHILUS LIEBRICHT . I am in the service of Mr. Smith, a pawnbroker. I produce these articles—some of them were pledged by the prisoner, but I cannot say who pledged any particular one—she was in the habit of pawning and redeeming things.
Cross-examined. Q. You only believe you received them from the
prisoner? A. Yes, they were in the name of Atherton, 42, Baldwin-street.
NOT GUILTY .
JOHN HALL . My partner's name is Samuel Hall—we live at No. 3, Leadenhall-street. We had a piece of kerseymere, which was safe on the evening of the 31st of January—I saw it lying exposed on the side Counter, within two yards of the door—I and my brother went to tea, leaving the shop with the porter or errand-boy—I can identify the cloth, which was found on the prisoner's person.
THOMAS PEARSON . I am errand-boy to the prosecutors. I saw the prisoner come into the shop on Friday evening, the 31st of January—he took the cloth off the side counter, and ran off with it—I ran after him, caught him, and brought him and the cloth, which was on him, back to the shop—a policeman was sent for.
Prisoner. I was compelled by necessity to do it.
GUILTY . Aged 24.— Transported for Seven Years.
627. WILLIAM WILLIAMS was indicted for stealing, on the 20th of January, 1 metal cock, value 2s.; and 2 feet of lead pipe, value 3s.; the goods of James Pearce, being fixed to a certain dwelling:—2nd COUNT, stating them to be the goods of John Sare; and that the prisoner had been previously convicted of felony.
JOHN SARE . I am a shoemaker, living in Essex-street, Hoxton Old Town. On the 21st of January, at eleven o'clock in the morning, the girl next door came and told me to come and stop the water—I observed the cock and about two feet of pipe had been cut at the back of the house from the pipe that projected out of the wall—this is it—(examining it)—I know it by a mark on the side of the pipe—it belongs to Mr. James Pearce, my landlord.
MARTHA CHEEK . I am the wife of William Cheek, a bricklayer of Hoxton. About half-past eight o'clock on the evening of the 20th of January I heard a noise in the passage—I called and no one answered—I ran up and caught the prisoner going out—I pushed him into the parlour, took bold of his jacket, and saw the piece of pipe in his jacket—I got a policeman and gave him into custody—this is the pipe.
Prisoner's Defence. I was going across the wall, and I got into the yard of a boy who told me to take it up-stairs for him.
GUILTY . Aged 19.— Transported for Seven Years.
(There was another indictment against the prisoner.)
five and six o'clock in the evening of the 21st of January I observed the prisoner take a counterpane off Mr. Phillips's bed, she dropped it, took it up again, and took it away—she came towards me, and said Mr. Phillips bad offered her 1s. 6d. for it.
JOHN PHILLIPS . I am a broker, and live in Great Chapel-street, Westminster. A little boy came and told me something—I ran out and could not see this woman—I ran to the corner of a back entrance, which goes to another street, and saw the prisoner with a large bundle—I asked what she had got—she said, "Two loaves and some bacon, and this counterpane" "—I asked where she had got it—she said a little girl gave it her—it is mine.
Prisoner's Defence. I met a woman who asked me to hold the bundle, and I lost sight of her—I have four children.
GUILTY . Aged 35.— Confined Three Months.
Fifth Jury, Before Mr. Sergeant Arabin
GEORGE HERBERT (police-constable N 111.) On the 20th of January, about two o'clock in the morning, I found the prisoner in an open shed belonging to Mr. Seager, in the Seven Sisters-road—he was between the shafts of a cart—I asked him where he lived—he said he lived at Tottenham, and that he was there out of the rain—I heard something rattle about his person, and asked him what it was—he replied, "Only a few coppers"—I desired him to show them to me—he did not do so—I removed the skirt of his coat on one side, and discovered this brass chandelier in his right hand breeches pocket—I asked what it was—he said, "A piece of brass "—I took it from him—he said he picked it up in the road—on the way to the station-house he attempted to throw this other chandelier into the field, but it lodged in the hedge, and I took it—I told him if he had any more to deliver it to me—he said he had not, neither had he thrown that one away—I took him to the station-house, and took one of the chandeliers to Mr. Seager, who identified it.
JOSEPH SEAGER . I live at the Seven Sisters public-house, in the Seven Sisters-road, Holloway. These chandeliers are mine—I had left them in a box in a cart, which was in a shed adjoining my premises—they had been to town to be re-lacquered.
Prisoner's Defence. I picked up one of them—the other I had not in my possession—the officer rubbed against the one, in the hedge, and said I threw it there.
GUILTY . Aged 30.— Confined Six Months.
JANE ORGAN . I was in my brother-in-law's shop, Joshua Thomas Pealing, on the 18th of January, about eleven o'clock in the morning—I left the shop, to go into the parlour—I returned, and saw a boy named Fox run out of the shop in a very desperate manner—I looked, and missed a large piece of bacon from the shop—I do not know who took it.
chandler's shop. On the morning of the 18th of January my sister called me—I came down and missed a piece of bacon—in the evening my sister asked me to go out with her—we brought the boy Fox to our shop, but a person came in, and Fox ran out—I and my sister went and gave him in charge.
CHARLES PATTEN (police-constable K 206.) On Saturday evening, the 18th of January, a person named Doughty was given to me on suspicion of stealing bacon—he said it was not him, it was Fox—I went after Fox, and took him—he said, "It was not me, it was Doughty"—I took him to the station-house, and then he said to Doughty, "It was not you stole it; you know who it was;" and when they were before the Magistrate they said it was Leadley—I went and took the prisoner, and they both said it was him that took it.
JOSEPH GILBERT . I am going on for twelve years old. The prisoner crawled into Mr. Peeling's shop, and took the bacon off a lid in the window—another boy stood at the door, and covered it over with an apron—I knew the prisoner before—I am sure he is the person who took the bacon under his arm and went away.
NOT GUILTY .
JANE LAW . I am a widow, and live at the Queen's Head public-house, Charlotte-street, "Whitechapel. On the 10th of January I had these brass guards—they had been taken from the windows when the shutters were put up, and put on the counter—the prisoners came in together—they had two pints of beer, and, I think, a pennyworth of gin—I went into the parlour, heard the brass-work sound, and the prisoners were gone—I found three guards gone out of the four which had been on the counter—I told the policeman, and the prisoners were taken about half-past one o'clock—I have seen two of the guards since broken in pieces—the third has not been found—the prisoners left my house about a quarter-past twelve, and there was no one else in the house.
EDWARD BLAYNEY (police-constable H 91.) On the night of the 10th of January, about twenty minutes before one o'clock, I heard a cry of "Stop thief"—I turned back, and saw Mrs. Law—she said two men had stolen some guards—I went on my beat, and, about half-past one o'clock, my brother officer called me—I went up, and saw him by the side of the prisoners—he said, "Here they are, take hold of them"—Johnson ran away—I took Gould, and found this brass on him.
MICHAEL TOONEY (police-constable H 72.) I was on duty, and saw the two prisoners—they said they could not get in—I walked by their side, and called Blayney—he took Gould—Johnson ran off, and I pursued him till he was taken.
GEORGE CLAPP (police-constable H 107.) I saw Johnson running as fast as he could—I stopped him and took him to the station-house—Gould was there—they shook hands, and Gould said to him, "If you had not called me out of bed, I should not have been here."
Johnson's Defence. I was walking down Grove-street—I was not running.
Gould's Defence. We went into the public-house, and had something to drink—when we came out, we parted—I saw this property on the step of a door—I took it up and put it into my pocket—I went home—Johnson came to me and said he could not get in, he must walk the street—I went with him, and was taken.
JOHNSON— GUILTY . Aged 21.
GOULD— GUILTY . Aged 21.
Confined Four Months.
JOHN HARTLEY . On the 24th of January, about ten minutes past eleven o'clock, I was in Lamb's Conduit-street, and saw the prisoner take a tongue from Mr. Balch's board, and pass it to a much younger lad who was with him, who had a bag—in putting it in it slipped out, and fell on the ground—I was in ray master's cart—I stopped the horse, and called to Mr. Balch—his young man came out, we ran up the court, and when we got near them the prisoner turned, and said, "What have I done?"—the other boy got away—the tongue was picked up, and the prisoner taken.
JOHN HAYNES BATTER . I am in the service of Thomas James Balch, a butcher, in Lamb's Conduit-street. My attention was called to this—I went out, saw the prisoner in the court—I ran—when he saw me he turned round, and said, "What have I done?"—I told him he had taken a tongue—there was a lad with him, who ran away—I took the prisoner, and the tongue, which was on the ground.
Prisoner's Defence. I could not see this man behind me, and he says I saw him—I never touched the tongue.
GUILTY . Aged 19.— Confined Three Months.
SARAH SHEFFIELD . I am a widow, and live in Devonshire-street, Lisson-grove. The prisoner is my daughter—I get my living by needlework. The property is mine—I have four children, one older than the prisoner—the prisoner took some things from my house, and some from where my other daughter Elizabeth was in service—she was leaving her place, and she gave her things to the prisoner to bring to my House, but she never brought them home—she has been in different little places—these three gowns, and a cloak, and apron, and petticoat, were taken from my room—I made inquiries, and found them at the pawnbroker's—the prisoner produced these duplicates at the office—I went to Mr. Edwards's, in Crawford-street, where she had been three days, while the servant was out—I asked her for my things—she said she never had them—I sent for an officer, and took her—this is one of my gowns—(examining the articles)—this cloak is her sister's.
SAMUEL PENN . I am assistant to a pawnbroker. This property was pawned by the prisoner—I asked her some questions respecting her age, but I forget her answer—I never receive property without a satisfactory answer—she must have told me she was sixteen years old, or I should not have taken them.
Prisoner. You never asked me the question. Witness. It is a precaution I invariably use.
GUILTY . Aged 14.— Transported for Seven Years.—To be sent to the Penitentiary.
(There was another indictment against the prisoner.)
634. MARGARET SWANICK was indicted for stealing, on the 25th of January, 1 handkerchief, value 3s.; 1 shawl, value 15s.; 1 bag, value 2s.; 1 sovereign, 1 half-sovereign, 3 half-crowns, 2 shillings, and 1 six-pence; the property of Sarah Mannsell.
SARAH MANNSELL . I am a servant, and lodged at Mrs. Fuller's, in Great Barlow-street, as I was out of place—I had been there a fortnight. The prisoner, who was a stranger, came there about five o'clock in the evening, on the 24th of January—Mrs. Fuller did not know her before—she came with the pretence of taking a lodging—I was out at the time—when I came home she was there—I had a bag there, containing a sovereign and one half-sovereign, three half-crowns, two shillings, and one sixpence in a purse, also a handkerchief, and shawl—we drank tea together, and talked a great deal about her mistress, and so on—we were in a room on the second floor—she said, would I like to take something to drink—I said, no, I did not want any thing—I was at needlework—at last I consented, and she took a small bottle from the cheffioneer, and went out—I lighted her down, and she said, would I lend her my shawl, to go next door—I lent it her—she went out, and did not return—I looked, and missed my things—she was taken in three days—I found this purse, which is mine, and 6s. 6d. in it—that is all I have got back.
MARY ECKETT . I live at the Marylebone station-house. On Saturday morning, the 25th of January, the prisoner was brought there—I searched her, and found this purse, with 6s. 6d. in it, and 1s. 2 1/2 d. in copper in her pocket—she said nothing to me.
Prisoner. You asked me where I came from—I said I was a servant, and took my wages on the Tuesday night, and you said, "Poor girl, I am very sorry." Witness. I did not.
JAMES PORTER (police-constable D 55.) I took her on the 25th of January to the station-house on another case—when I got there, the inspector had a description of her in the book—she was searched, and the purse found.
Prisoner's Defence. I left my place, and took a lodging in Homer-street—I was there four nights—as I was coming out on Saturday morning, my lodger asked me if I knew any body who would buy some gowns—she asked me to take the gowns—I went to a person I knew to see if she would buy them, and she followed me and gave me in charge—this purse my sister gave me when she was dying—there is a tassel off it—I know nothing of the prosecutrix.
GUILTY . Aged 20.— Transported for Seven Years.
JAMES WILLIS . I am bailiff to Mr. George Wood, who lives at Hanger-hill, Eating. The prisoner was one of his carters—I sent him to town on the 24th of December with a regular load of thirty-six trusses of hay, and a bottle-truss for the horses—he returned about seven o'clock in the
evening very tipsy, and the cart was quite empty—there was no return truss in it—he said nothing about one.
Prisoner. You never saw me till eight o'clock the next morning. Witness. Yes, I met you coming home between seven and eight o'clock that evening as I was going to Acton—I saw you the next morning, and asked if you had got any dung.
JOSHUA BAKER . I am a hay salesman in Cumberland-market. On the 24th of December the prisoner came to that market with a load of hay (I sell for Mr. Wood) I sold half that load in the market, and sent the rest, which ought to have been eighteen trusses, to Bolton and Miller—the prisoner went there with it—I saw him come out of their yard, and he had then two trusses of hay in his cart—Mr. Bolton paid me only for seventeen trusses—the prisoner returned one—there ought to have been but one truss in the cart, and I saw two.
JAMES MARTIN . I am a hay-binder—I work for Mr. Baker, in Cumberland-market. I saw the prisoner that day with a load of hay—I and the prisoner unloaded half of it—I know we only unloaded eighteen trusses—they were put into my cart—I left the other half-load in the prosecutor's cart.
CHARLES WARD . I am warehouseman to Bolton and Miller, in Cumberland-market. On the 24th of December the prisoner came into the yard, and said he had got half a load of hay for me—he threw off two trusses, and only received seventeen—he said I had got my complement—I said I had not—I counted them three times over—I counted them a fourth time, and while I was doing so the prisoner left the yard—I only received seventeen trusses—when he came into the yard he threw off one truss, and said that was the bottle—he then threw off another—I asked if that was another bottle—he said, "No," that was a return truss of the other half-load—I am sure he said that, and he told me I had got my complement, by which I understood he meant eighteen trusses.
Prisoner. My bottle was only a small bit tied up with one band, and that my cloth was all I put down. Witness. No, you put down another truss beside your bottle-truss.
JOHN PASCOE (police-sergeant T 18.) I took the prisoner on the 21st of January—I told him it was for stealing a truss of hay on the 24th of December—he said he went to Bolton and Miller's with half a load, and their man threw him down one truss, and said there was one too many, that he brought it to the public-house at Shepherd's Bush, and sold it to the ostler for 1s. 6d. and that there were several others as deep in the mud as he was in the mire.
Prisoner. The bailiff asked me if I had a truss of hay back—I said I had one on the Tuesday—I sold it for 1s. 6d., and gave the money to the other carter, and he gave it to Mr. Baker.
GUILTY . Aged 22— Confined Six Months.
CHRISTOPHER NORTH (police-sergeant N 17.) At half-past twelve o'clock in the day, on the 14th of January, I was in Hornsey-road—I saw the prisoner alone, drawing a truck—he saw me, left the truck, and went to a brewhouse—he remained there about two minutes, then came out, and went to a beer-shop about forty yards off—he remained there three or four
minutes—he then came out, went to the truck, and took possession of it—I asked him what he had got—he said, old iron, which he had bought at Finchley, two doors from the Red Lion public-house—I took him, and found the owner—this is it.
JOHN DUCK . I am in the service of George James Nicholson, of Crouch-end, Hornsey. I am positive these hurdles are his—they were taken from the hedge-side, and from the gate—I have seen the prisoner before in the slip, and said, "What business have you here?" and he ran and got over the gate at the bottom.
Prisoner's Defence. He never saw me there.
GUILTY .* Aged 21.— Transported for Seven Years.
JAMES SANTIMORE HALL . I keep a cheesemonger's shop in White Conduit-street, Pentonville. On Saturday night, the 18th of January, the prisoner came into the shop, and took this ham from a dish on the counter—I went out, and took her—she dropped it just as I caught her—I am sure she took it, and she had the fat of the ham on her apron.
GUILTY . Aged 14.— Confined Eight Days.
THOMAS WENTWORTH . I am carman to Messrs. Copeland and Garratt. On the 10th of January, about four o'clock, I was in Fleet-street with their cart—my coat was in the cart, which had been stopped several times, as the street was very crowded—I was walking by the side of the horses' heads, and saw my coat safe in front of the cart—I did not see who took it, but just as I got below the Bolt-in-Tun public-house I looked round, and it was gone—I do not think it could have dropped off, as it was over a little basket of glass—the prisoner was brought back with it—this is it—(looking at it)—it is mine.
THOMAS EAVES (City police-constable, No, 100.) About four o'clock that day I was going down Fleet-street—I cast my eye on the opposite side, and noticed the prisoner run from behind the cart in a confused state, with the coat half wrapped up—he ran almost into my arms—he turned down Water-lane—I ran after him—he made a stop at the end of Water-lane, and looked to see what way he should turn—he then turned to the Temple, and held the coat up at the gate, then he went into the Temple, and appeared to hesitate what way to turn—I ran up to him, and said, "Is this yours?"—he said, "Yes"—I said, "I think not, give it to me"—he said, "I will not," and resisted very much—I was taking him to the station-house, and met the prosecutor, who owned the coat.
GUILTY . Aged 30.— Confined Six Months.
ALFRED JAMES REDFERN . I am a chronometer-maker. On the 12th of January, about half-past eight o'clock in the evening, I was on the Southwark side of London-bridge—I felt a tug at my pocket, where I knew my handkerchief had been safe three minutes before—I turned round, and saw the prisoner, and another boy with him—the prisoner had my
handkerchief in his hand—he gave it to the other boy, who ran away—I took the prisoner—the other made his escape.
Prisoner. Why did not he catch hold of me when he saw me with it in my hand?—I was not near him—I was walking along, when he came and took me by the collar. Witness. I overtook him in Tooley-street—I asked him where he lived—he pointed down Tooley-street, and said he lived down there—I said I would go with him—he then said he lived in Bacon-street, Commercial-road; that he had come there for a walk, and to see the railroad.
GUILTY .* Aged 12.— Transported for Ten Years.—Convict Ship.
GUILTY . Aged 38.— Confined Eight Days.
EDWIN LLEWELLIN . I keep a cheesemonger's shop in Liquorpond-street. On the 18th of January the prisoner and a woman came in, and as they looked very suspicious, I watched them—they then went out, and the prisoner passed by several times again—at last he got on a flat outside, took a Dutch cheese, and ran off—I followed and took him—he rolled the cheese away, but I got it—this is it—(looking at it)—I tried to find the woman, but could not.
GUILTY .* Aged 12.— Transported for Seven Years.—Convict Ship.
JAMES HORWILL . I keep a cheesemonger's shop in Moor-street, Soho. On the 3rd of February 1 was sitting in the parlour, and heard the window fall—I looked, and saw Manning holding the window up with his right hand, and there were five or six boys round—I went out, and Manning dropped a piece of bacon while I was pursuing him—there was 6lbs. 14oz. weight of bacon found in all.
Jones's Defence. I saw a lot of people, and the man laid hold of me.
MANNING*— GUILTY . Aged 15.— Confined Three Months, and Whipped.
JONES— GUILTY . Aged 15.— Whipped and Discharged.
WILLIAM HAMBRIDGE . I am a pork-butcher, and live in Liquorpond-street On the 30th of January, about ten minutes past six o'clock, I missed this pork—I made inquiries, and looked about as well as I could, but could not see it—the next morning the officer brought it, and I knew it was mine—I do not know the prisoner.
January I saw the prisoner with something under his arm—I asked what he had got—he said a leg of pork, which he got from his master's at Ludgate-hill, and was going to Mrs. Downes in the Rookery—I took him, and the next morning found the prosecutor.
GUILTY .* Aged 17.— Transported for Seven Years.
OLD COURT.—Friday, February 7th, 1840.
Third Jury, before Mr. Sergeant Arabin.
WILLIAM BUTLER . I am a policeman. On Friday, the 23rd of January, I saw the prisoner in Vauxhall-bridge-road wheeling a barrow, about three quarters of a mile from the prosecutor's house—I stopped him, and asked what he had got—he said some old iron, which he had brought from Pimlico—I let him pass on, and followed him to Rochester-row—I stopped him again, and at the bottom of the barrow I found four pieces of lead concealed under a piece of iron—he said he had been repairing a house for Mr. Harvey at Pimlico—I took him to the station-house, and went to Mr. Harvey—I then returned to the station-house, and the prisoner said he had told me a lie, that he had it from a man at Pimlico, but he would sooner suffer himself than tell me who it was—I went and found he had been at work repairing a roof for Mr. Deacon—I went on the roof of the house, and found the tiles removed, and the lead taken away—I compared the lead with the roof, and it fitted exactly with the nail-holes and other things—I went to his house, and found two more pieces, which made the quantity complete.
Cross-examined by MR. DOANE. Q. You are quite sure it corresponded? A. Yes—I met him at near six o'clock.
EDWARD EXTON . I am a plumber. I laid the lead in question down for Mr. Deacon about three years ago—it was fastened to the roof—I went with the policeman, and compared the lead which had been ripped off the roof—I think it must be the same lead.
Cross-examined. Q. How long have you known him? A. Five years—I had every reason to think well of him—I have been told he was in distress at this time, from inquiries I have made.
Cross-examined. Q. I believe you have made inquiry about the prisoner? A. Yes, and feel very mercifully disposed towards him.
GUILTY . Aged 31.—Strongly recommended to mercy.
Confined Three Months.
WILLIAM BARTON . I am in the employ of James Turner, a printer, in Cross-street, Hatton-garden. There is a shed at the back of the premises, where we keep paper—I saw the prisoner in the passage leading to
the yard—he was a stranger—I saw him go out with something under his coat—I followed and overtook him about three houses off—I asked what business he had there—he said he went there to ease himself—I asked what was under his coat—he asked me to forgive him—I took the paper from him—there were one hundred pieces—this is it—(looking at it)—it is worth 3s. 6d.
Prisoner's Defence. I was passing by—a man named John Charles came out and asked me to carry that for him.
GUILTY . Aged 65.—Recommended to mercy.— Confined Eight Days.
MARY ANN BELL . I am the wife of Joseph Bell, a shoemaker, in William-street, Marylebone. On the 24th of January the prisoner was lurking about the window—I suspected him, and told him to go away—he crossed the road to the butter-shop, and attempted to take a rabbit, but seeing somebody come towards the window, he came across to my shop again, and when I was engaged with a customer, he came to the door-post, untied a pair of boots, and put them under his jacket—I ran out and collared him—he struggled with me, and in the scuffle he put the boots on the nail again—he then told me he had not done any thing—I am sure he had them in his hand, quite off the nail.
Prisoner's Defence. They fell off the nail—I went to put them up, and she caught hold of me.
GUILTY .* Aged 11.— Transported for Seven Years.—Convict Ship.
Before Mr. Justice Williams.
647. JOHN HEAPHY and ELIZABETH TOYE were indicted for stealing, on the 23rd of December, at St. Mary, Islington, 3 coats, value 8l.; 2 cloaks, value 7l. 10s.; 6 spoons, value 3l. 5s.; 1 table-cover, value 10s.; 1 table-cloth, value 10s.; 1 desk, value 2l.; and 2 umbrellas, value 1l.; the goods of William Waymouth, the master of Toye, in his dwelling-house.
ELLEN ELIZABETH DUBBERLEY . I am the daughter of Mrs. Waymouth, the wife of William Way mouth, by a former husband, and live with them at No. 30, Park-street, Islington. The female prisoner came into our service on the 26th of October—on the 23rd of December, about half-past five or a quarter to six o'clock in the evening, I had occasion to go from the upper part of the house to the store-closet in the basement to give out some articles—on passing down stairs I observed that the parlour and street doors were both shut—I was followed down stairs by Toye, who had a candle in her hand—she was in the habit of lighting the passage-lamp every evening at half-past five o'clock—she had not lit it that night—I remained below two or three seconds, and returned up stairs immediately after—I then found the street-door wide open, and the parlour-door open, with a chair against it—a neighbour came across, and went for a policeman—we examined the premises immediately after, and missed the property stated—the cloaks had hung up in the hall; the writing-desk was on the parlour table; the tea-spoons had been placed in the tea-cups on the parlour table; the umbrellas were in the umbrella-stand in the hall; the table-cover was on the table; and the coats were folded up behind the front-parlour door, in a chair—it was Toye's duty to set the tea-things
a little before six o'clock—they were set rather earlier than usual that evening—she had no directions to do that—when the discovery was made Toye inquired whether there was any money in the desk—she did not appear particularly anxious about it—no suspicion attached to her then—we heard nothing more until the 6th of January, when Toye asked leave of absence for the afternoon, and said she should return about nine o'clock in the evening—she had permission to go, and did not return all night—on the following afternoon, between one and two o'clock, a boy with oranges came to ask for the keys of her boxes—I made inquiry of him—he told me from whom he came, and pointed out the male prisoner to me in the street—he was standing nearly opposite the house—one key was given to the boy by the other servant, but the boxes remained—between five and six o'clock that evening the prisoner Heaphy came himself to the house—I immediately knew him to be the person I had seen in the morning—I had seen him several times before at the house, talking to Toye—he took away Toye's boxes that night—I do not know what took place—my mamma was exceedingly ill at the time.
Heaphy. Q. What did the boy say when he came? A. That he had been sent by the young man who stood over the way—I only saw one key given to the boy—whether that was taken off a ring I do not know—I have seen you several times outside the street-door—I cannot tell at what time exactly—it was near to the 23rd of December—I saw you four or five times—I saw you once or twice from the window, and at other times when I have been going from the house into the street, going out and coming in.
MR. CLARKSON. Q. Have you spoken to Toye about it? A. No.
WILLIAM WAYMOUNTH . I am a surveyor, and live in this house. On the 23rd of December I left my great coat, among other things, in the parlour—I had been out the whole day—I returned about seven o'clock, and was informed what had happened—Toye asked me whether there was any money in my desk—I afterwards saw one of my coats at the office—I was not at home on the 6th of January when Toye went out—she did not return—on the 7th, about five o'clock, Heaphy came and said he had come from Elizabeth Toye, to say she was very unwell, and was sorry she could not return, but hoped to do so in two or three days, if her mistress liked her to return—(in consequence of suspicion I had procured a policeman to attend at my house—I (opened the door to Heaphy myself, expecting him to come that evening)—I asked him if he knew Elizabeth Toye—he said yes, he had known her some time—I said, "Are you any relative?"—he said, "Well, I have a very great affection for Elizabeth; and, to be candid with you, we have been some time living as man and wife "—this was in the hall—the officer was at this time in the kitchen—I then asked him to go below with me into the kitchen, and I questioned him more particularly as to where Toye was, and got from him that she was waiting in the street—he said so to Mr. Redpath, a solicitor, who was in the house at the time—I sent for Toye, to where Heaphy said she was, and Mr. Redpath brought her back—her boxes were searched, by her consent—Heaphy manifested great willingness to have them searched before she came in, but I thought it right she should be present—I asked Heaphy where Toye was on the night she left—he said the reason was they had been to Drury-lane, and had a little too much to drink, having been at a raffle, and she could not return—she was present—they were afterwards allowed
to go away in a cab, and took the boxes with them—up to that time I had obtained no information of my property—this is my coat—(looking at it)—it is worth about 3l.—it is nearly new—I lost two more worth 2l.—one cloak was a lady's, and a valuable one—the other older, and worth 5l. or 6l.—the articles lost were worth considerably more than 5l.
Heaphy. Q. You asked me where Toye was? A. Yes—you said you had left her in the City very unwell—I asked how long you had known her, and I think you said two or three years; that she was the nearest relative to your knowledge that you had, indeed that you had a great affectionfor her, and that you lived as man and wife—I asked if you had been in my house before, and you said you had been there—I have no recollection of asking you who the boy was that you sent—I asked if you had not been taken up for a robbery, two or three weeks since—you said, no, not for a robbery, you had been taken before a Magistrate, for detaining 3s. 6d. from your master, but he had lent you the money—I asked you in whose service you had lived, and you replied, "With Mr. Brooks, No. 51, Doughty-street, Mecklenburgh-square "—I believe I asked where Toye and you had lived together, and you said you lived fellow servant with her at Mr. Goldey's, No. 39, Baker-street.
MR. CLARKSON. Q. Did he tell you where he was in May, 1837, or 1838? A. He did not.
MISS DUBBERLEA. re-examined. Q. From the time you were descending the stairs to the passage of the house, till you returned, was it, in your judgment, possible for any body to have come into the house, or gone out, without being let out by Toye? A. I thought it impossible any body could have come in, and opened the door, and taken the things, and let themselves out, in so short a time—my mother was confined to her bed-room at this time, and there were two nurses in the house attending her—there was nobody down stairs for a quarter of an hour, except Toye and myself.
WILLIAM ROBERTS . I am shopman to Mrs. Cordwell, a pawnbroker, in Exmouth-street, which is about a mile from Park-street. On the 23rd of December I received this coat in pledge from the prisoner Heaphy, about seven o'clock in the evening, for 25s.
Heaphy. Q. What did I say to you? A. I do not exactly recollect—I think I asked you if the coat was your own—I have no distinct recollection of putting any question to you—I do not recollect whether you handed the coat into my hand—there might be another young man in the shop—I was the person that wrote the ticket—I do not write tickets unless the article is given to me.
COURT. Q. Do you remember whether that is the coat that was brought? A. It is, and I have no doubt the prisoner is the person who brought it—I can swear, to the best of ray recollection, he is the person—I do not think I have any doubt about him—I have no doubt—to the best of my recollection, he is the man—I had the person before me at the time I wrote the ticket, but at this distance of time I cannot positively swear to him—William Noon was present—(looking at his deposition)—this is my hand-writing—it was read over to me before the Magistrate—I attended before the Magistrate on the 29th of January—I saw the prisoner there, and recollected having seen him before—as far as I recollect, he is the person I gave the money to for the coat.
Heaphy was there, and heard what passed respecting Toye—I went over to the spot where I expected to find Toye—when she saw me come out of the door she knew me, and turned round and walked away—I followed her, and walked fast—she walked fast, and at last I was obliged to run to overtake her, which I did, and brought her back—I asked if she was waiting for the person in Mr. Waymouth's house—she appeared confused, and gave no answer—I attended before the Magistrate, and heard the pawnbroker sworn—I saw him about the office before he was examined—he had an opportunity of seeing Heaphy in the office—I did not hear him state in Heaphy's presence that Heaphy was the man before he was before the Magistrate—I heard what the female prisoner said before the Magistrate, and heard it read over to her—this is Heaphy's examination—(looking at it)—he did not sign it—it was read over to him, and taken down at his dictation by the clerk—it is Mr. Mallet's hand-writing—I know this signature is the Magistrate's hand-writing—Heaphy was present at the time Toye gave the account—Heaphy did not give any other account than that—he was asked what he had to say, and it was taken down—he made no remark when it was read over to him—I do not know that he was asked to sign it—(read)—" The prisoner Heaphy says, 'I saw Mr. Waymouth—he answered the door to me, and asked what I came for—I said, to make an apology about Elizabeth not being able to come home—I said she was close by—he asked if I had ever before been to his house—I said, once, and said I had lived as a fellow-servant with her, and was no relative—I said, yes, when he questioned me as' to being a particular acquaintance of hers—he asked if I had not been at Hatton-garden office lately—I acknowledged I had'"—the prisoner Toye said nothing."
SAMON DARKIN CAMPBELL . I am inspector of the police. I took Heaphy into custody on the morning of the 14th of January, at a public-house in the neighbourhood of Hatton-garden—I knew him before—I told him he must consider himself in my custody, as I suspected him of a robbery, referring to another case—nothing passed respecting this robbery.
MTSS DUBBERLEY re-examined. The parlour opens into the hall—the parlour-door is one or two yards from the street-door—it is the first door a person would come to from the street—the store-room is below the stairs leading from the street-door—it is under the hall, on a level with the area—I was not more than two or three minutes in the store-room—when I came up I found the parlour-door open, with a chair against it—the street-door was shut when I passed—the catch was shot, it being evening I observed that—the parlour shutters were not up, but nobody could get in there, as there is an area before it, and an iron-railing—I noticed the latch—I am positive it was fast.
Toye. Q. Was not I with you when you went down into the store-room? A. Yes—I heard somebody exclaim that the street-door was open, and I ran up directly—Toye followed me up stairs, but not immediately—she was down stairs with me the whole time—she was up stairs previous to my calling her to go down—I went straight down stairs, and she went with me, and she remained below till after I came up—I do not know whether she could have opened the door—I do not imagine that she opened it then—she could not have done so as she passed with me.
WILLIAM NOON . I am in the service of Mrs. Cordwell. I was present on the 23rd of December when this coat was pawned—I did not take it from the person who brought it—I did not notice the person who brought it
at all—I have seen the prisoner Heaphy in the shop, but what with, or at what time, I cannot say.
NOT GUILTY .
Before Mr. Justice Coltman.
648. JOHN HEAPHY and ELIZABETH TOYE were again indicted, with FRANCIS CONNOR , for stealing, on the 8th of January, 9 balls, value 12s.; 1 decanter, value 10s.; and 5 salt-cellars, value 4s.; the goods of Edward Bryant: and that Heaphy had been before convicted of felony.
EDWARD BRYANT . I keep the Plasterer's Arms public-house, in Little Marylebone-street. On Wednesday, the 8th of January, a little after six o'clock in the afternoon, the prisoner Heaphy came to my house with another man—I cannot say whether it was Connor—I saw them go past the bar up stairs to the first-floor—I do not remember seeing Toye—I did not see any body else go up stairs—I saw one of the party go out at the door afterwards—I just saw his back in going out—I heard him come down stairs, and there was another came down at the same time—my boy came, and gave me information, and I went up to the first-floor front room three or four minutes after I had seen the man go away—I missed from that room a decanter and four salts, and from the adjoining room nine ivory balls, which have been used for bagatelle, but not since I have been there.
Heaphy. Q. You saw another man and I go up? A. Yes—I was in the bar—I do not know that you had any thing with you—some steaks were brought in, and one of you asked if they could be dressed—I do not know which—I said they might have them dressed.
WILLIAM WRIGHTON . I am servant to Mr. Bryant. On the evening of the 8th of January I saw Heaphy and another man, who is not here, go up stairs—I was called out of the room below by my mistress to take them a light up stairs, which I did—I took them into the first-floor front room, which is used as a parlour—mistress gave me the steaks to take down to cook—I lighted the fire, dressed the steaks, and took them up stairs—Connor and Toye came in about ten minutes after the others, and before I took up the steaks—I first saw them in the passage leading from the street-door to the stairs, and saw them go up stairs into the same room—I took the steaks up to them on a tray with a cloth, and left the room when I had put them on the table, leaving them all four together—they had four knives and forks and plates—I did not stay to see them eat, but they were all eating when I left the room, all in one party—they staid about three-quarters of an hour—Toye paid me for what they had, at the table just before they left, and I left them all four in the room—she gave me a 5s. piece, and I gave her the change—they remained in the room five or ten minutes after I went down—I was in the room below when they left, and saw the shadow of Toye, and I think Heaphy, go past the window—I went into the passage, and saw them go just outside the door—they all left the room at one time—I directly went up to the parlour—I found the cupboard-door ajar, which I had left quite closed, and missed four salts and a glass decanter from it—I had gone to the cupboard while I was waiting on them at dinner, and shut the cupboard-door quite fast—I saw the decanter and salts there at that time—nine ivory balls were gone from the adjoining room—I can swear to all the three prisoners being of the party—I never saw either of them before—I had sufficient opportunity to see them, and know them—I saw them again at Hatton-garden, about a week after.
Heaphy. Q. was it me and another man came in first? A. Yes—one of you asked if you could hare a fire—I said, "Yea"—that was when you were up stairs—I took a candle up to the room—I am perfectly certain of you.
GEORGE COLLIER . I am a policemen. On the 8th of January, near seven o'clock in the evening, I was sent for from George-street station-house and saw the three prisoners with another man in Great Marylebone-street Portland-place, at the corner of Duke-street, nearly half a mile from the Plasterers'Arms public-house—Heaphy was walking arm-in-arm with Toye, and the other two were walking side-by-side a few yards behind them—when I saw Heaphy I concealed myself in a doorway for a particular reason, till they went past—I then came out and followed them—when they got to Cleveland-street they all four joined and were talking together—they crossed Cleveland-street, and went along Howland-street, crossed Tottenham-court-road and Pancras-street into Grafton-street, and there the three men stood in the middle of the street, while Toye went into a pawnbroker's shop—in a short time she came out, and they all went into a coffee-shop opposite—I knew Heaphy before and am certain of him—the others were strangers to me except the fourth man who is not here—I did not see then again for a fortnight or three weeks, when I saw them in Clerkenwell prison—I am certain of Connor and Toye for I nearly ran against them—I was within a yard of them at first—Heaphy appeared to be half drank—I noticed their features on purpose to know them again—they passed several gas. lights.
Heaphy. Q. Did you see me with any handle? A. No, or I should have stopped you—you appeared to be dressed as you are now—I know the other young man—I believe him to be a thief—I have never seen him since.
Toye. I did not go into the pawnbroker's shop. Witness. I saw her go in at the side door, and come out in about ten minutes, and go to the men.
HENRY HANCOCK . I am servant to Mr. Crouch, a pawnbroker, in Grafton-street On the 8th of January, I received a decanter and four salts in pawn in the name of lanes Thompson, between seven and eight o'clock in the evening—I cannot say whether it was either of the prisoners—I do not recollect seeing Toye in the shop.
SAMSON DARKIN CAMPBELL . I am an inspector of the police. I searched some boxes at the house of Mrs. Brown, on Sunday the 10th of January, and found among other duplicates one for nine balls pawned at Wadmore's—all the three prisoners were in custody at that time—Mrs. Brown showed me the boxes.
SARAH BROWN . I keep a lodging-house. On Saturday night, the 11th of January, Toye and Heaphy came to lodge at my house and slept there Saturday, Sunday, and Monday nights—on Sunday the 19th Campbell came and searched some boxes which belonged to Toye—I saw him take same duplicates out of her box—the prisoners had been taken into custody on the Wednesday—they went out on Tuesday night, and I saw no more of them—Connor drank tea with them on the Tuesday evening—he did not lodge there—they all three went out together.
Heaphy. Q. Who took the lodging? A. Tore—there was a man with her who I considered her friend—you came at ten o'clock, and she told me you were her husband—you had a black eye on Saturday night and Sunday—I did not notice your face on Tuesday—I was in the
room with you at dinner-time, but did not notice whether you had more than one black eye, nor that your nose had been bleeding—I have ascertained that you did come home on Tuesday night, and left in the morning, before I was up—I did not see you, but I find my son let you in.
WILLIAM TRANAH . I am servant to Mr. Wadmore, a pawnbroker in Tottenham-court-road. On the 8th of January, between seven and eight o'clock in the evening, I took these nine bagatelle-balls in pawn from Heaphy, in the name of Catton, and gave him that duplicate for them.
Heaphy. Q. What did I ask you on them? A. Seven shillings—I gave you 5s.—there might have been other persons in the box, but I saw nobody but you—I did not notice that you had got a black eye—I had seen you six or seven times before, and am positive you are the man.
EDWARD BRYANT re-examined. This is my decanter—it is rather a singular one—there is no particular mark on it, but I know its general appearance—I have no doubt the salts are mine, from their general appearance, and these are my balls—the red one has a white spot on it, and a place as if it had been burnt.
Heaphy's Defence. On Wednesday evening Toye and I visited a friend in Bryanston-square, and in returning home about half-past six, met Connor and another young man, who introduced himself to me as Davis—they proposed to have something to drink—Connor said he had had no dinner, and I said we could have a steak—I gave Davis the money, and he went to buy a steak—I said, "You and Connor go to the next public-house, get it cooked, and we will go and get some bread"—Toye and I went to Mr. Duke's, a baker in Sooth-street, got half-a-quartern loaf, and went to the public-house—I met the pot-boy in the passage, and said, "Are two young men here?"—he said, "Yes, up stairs"—we went up, and had the steaks and half-and-half—we came out of there before them—Davis said, "Here are some salts and two decanters, shall we take them?"—I said, "No, they are such paltry things, we don't want them, I would not be seen with them"—Toye and I came down together, and left them there.
Connor's Defence. I deny that—I met Heaphy, and that young man, and the female together, all three in the public-house—Heaphy said he was going to call on a friend in Bryanston-square—I went with him there, and he asked me to go and have a beef-steak—I said I would—Heaphy went and purchased the steak, and I went with Davis, who Heaphy introduced me to, to the public-house—the prisoners brought the steaks—Davis said, there were some bagatelle-balls in the adjoining room, and he should take them out, which he did—I did not see him take them out of the room—I believe he gave them to Heaphy to pawn, and the decanter and salts Davis pawned himself, but Heaphy and Davis first proposed taking the balls.
Toye's Defence. I know nothing at all about the property being taken—the young man who is not here gave me the duplicate of the balls to take care of—I know nothing about pledging them—I went to the coffee-shop.
THOMAS HARRISON . I am a policeman. I produce a certificate of Heaphy's former conviction—(read)—I was present at his trial and conviction—he is the person who was convicted on that occasion of stealing forks.
Heaphy. Q. Do you remember the night you took me into custody? A. Yes—you were in your master's livery, and said you were short of
money, and did it through distress—you told me where your master lived—I do not know that you were in respectable service in Baker-street after you came out of the House of Correction—I saw you behind a carriage in Baker-street, and as soon as we found you were in service, we let your master know of this, and you left.
Heaphy. I conducted myself well in respectable families since that, and was got out of all my situations through officers giving information; so that the question was, whether I was to get my bread honestly or not, I endeavoured to get situations, but through the envy of the officers was never allowed to earn my bread as an honest man, but was obliged to associate with other characters. I was before the Magistrate, who said; "I forbid you to make application to any gentleman's service"—I said, "What am I to do, sir, to live honestly?" It was through distress I took the forks to pawn. I should not have gone in my master's livery to awn spoons.
HEAPHY— GUILTY . Aged 28.— Transported for Fourteen Years.
TOYE— GUILTY . Aged 28.— Transported for Seven Years.
CONNOR— GUILTY . Aged 27.
Before Mr. Justice William.
FRANCES RAWLINGS . I live in the service of Mr. George Arnot, a stationer in Soley-terrace, Pentonville. On the 9tb of January, just after seven o'clock in the evening, the prisoner came and asked for apartments—I showed him some unfurnished apartments which we had to let—he said he wanted them for a friend coming from Boulogne, and he would call next day at two o'clock to see my master—we went down stairs together, and then he asked me to oblige him with a glass of water—I went down into the kitchen to get it—I was not away more than three minutes—when I came up he was gone, and I missed a great coat, which had hung at the foot of the stairs—when I went up stairs I saw it.
Prisoner. Q. Are you quite positive I was the person? A. I am, by a cast in his eye—I noticed him as we stood talking.
HENRY HAMPSTEAD . I am in the service of Mr. Ward, a pawnbroker in Gray's Inn-lane. On the 9th of January, between six and eight o'clock, the prisoner pawned a great coat, in the name of James Thompson, No. 26, Theobald's-road, for 12s.—I am positive of him.
Prisoner. Q. What question did I ask, if I am the person? A. You asked me a sum on the coat which I cannot recollect—I asked you if it was your own property—you said it was—I positively swear you are the person, by your manner and address—I could not help noticing you—you appeared to have been a person better off than people who pledge.
(Property produced and sworn to.)
Prisoner's Defence. I certainly acknowledge taking the coat, it was entirely through distress.
GUILTY . Aged 27.— Confined Twelve Months.
First Jury, Before Mr. Justice Coltman.
MESSRS. ELLIS and CHAMBERS conducted the Prosecution.
January, I went with tome officers to No. 10, Bowling-street, St. John's, Clerkenwell, at a quarter-past three o'clock in the afternoon—the outer door was shut—I put my shoulder against it and pushed it open—I went up to the attic on the third-floor, which is the only room on that floor—the door was shut but not fastened—on opening it I saw the prisoner in the room, sitting on a box, before a clear fire—she got up—I caught hold of her, and she dropped something white on the floor, which I suspected was a mould—it parted, and she set her foot on part of it, and said something, but I could not distinctly hear what—I pushed her away, and picked up part of a mould complete, and some pieces—it has been put together since—there is the impression of a counterfeit shilling on the mould, and 1 found a counterfeit shilling, with a get to it, which dropped out of her hand, with the mould altogether—it was hot when I picked it up—I afterwards searched the room, and found eight counterfeit shillings in front of her in a saucer on the bed—I produce them—they appeared as if just made, and all appear to correspond with the one dropped, and with the mould—I saw White, who was with me, take a short tobacco-pipe off the fire, with fluid metal in it—I found nothing on her—I asked who the room belonged to, the said to her.
Cross-examined by MR. PAYNE. Q. You had no difficulty in getting in at the door of the house? A. No—there were other officers in the room when she said the room belonged to her—I do not know whether they heard it—she said so in the room while I had her in custody—I handcuffed her before I searched her person—there was no difficulty in getting into the room—I seized her the moment she got up—I merely put my hand to her clothes outside, between her gown and petticoat and felt under her arm—she went into the parlour below stairs afterwards, to put her bonnet on—I went there, in consequence of information I received—there are three rooms in the house—there was very little furniture in the top room.
HENRY REDMAN . I am a policeman. I went up stairs with Stannard, and entered the room at the same time as he did—the prisoner had then got up from the box, and was standing near the fire-place—I saw Stannard take up the mould and shilling—I found three counterfeit shillings in addition to what be has mentioned, and three pieces of metal, and one counterfeit shilling bent along with it—the metal is part of a spoon—Stannard had just got hold of her as I entered—she said something, but I did not distinctly hear what.
BENJAMIN FARROW . I was in company with the other officers—when Stannard had hold of he prisoner, I heard her say, "I am done," and she stepped her foot on one part of the mould—I found three counterfeit shillings on a hat-box in front of the fire.
Cross-examined. Q. Where were you when you heard her say this? A. We all three went to the door at once—I was behind the serjeant.
MR. CHAMBERS. Q. What sort of a neighbourhood is this? A. A very low neighbourhood.
JOHN FINK . I am a policeman. I went to the room, and found a cup on the window-ledge, containing damp plaster-of-Paris, and a spoon in it—the prisoner was in the room at the time, and in a rag, tied up, was
some dry plaster-of-Paris—when the prisoner went down stain, she went into the parlour for her bonnet and shawl, which hung on the bed there, and I found two files on the window-cill of the parlour, while the was there—the had not been near the window-cill then.
MR. JOHN FIELD . I am inspector of coin to her Majesty's Mint. This is a plaster-of-Paris mould for the casting of counterfeit shillings—the shilling found with the get to it corresponds with the impression in all respects, and has been cast in this mould, I am perfectly sure—all the shillings produced have been cast in this mould—there are fifteen—the tobacco-pipe contains white metal similar to the counterfeit shillings, and would be used to pour the metal into the mould—two of the pieces of metal appear to have come from the get of the mould—here is part of a Britannia metal spoon, which the shillings are made of—plaster-of-Paris is what the mould is made of—the files might be applied to remove the surface metal off the shillings, the roughness of the casting.
Cross-examined. Q. Do the files appear to have been used? A. They do—the shillings are not quite finished—they are just as they came out of the mould—they require the roughness of the edge to be removed by a file, and the get cut off.
MR. CHAMBERS. Q. Are these coin intended to resemble shillings? A. Yes—the impression in that mould is made with a good shilling.
GUILTY .* Aged 30.— Confined Two Years.
Before Mr. Justice Coltman.
651. DANIEL CRAVEN was indicted for unlawfully, maliciously, and feloniously assaulting Adam Weatherstone, on the 31st of December, and wounding him upon his head, with intent to maim and disable him,—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
ADAM WHATHERSTONE . I live in Harris's-court, Ratcliffe, the prisoner lives next door to me. On the 31st of December, about a quarter to twelve o'clock, I came in, and as I went in, I heard the prisoner at my door abusing me very much—I made him no answer—I think he was very much intoxicated, from what I could learn—I went out and came in again at half-past twelve o'clock—I asked my wife if he was in bed—she said she believed he was, but I heard him say, "I am not in bed, you Scotch b——, I will be the death of you this night"—I said, "Go to bed, and I will answer you in, the morning, I never did you any harm in my life"—he said, "So I will, old man, I will go to bed," and he wished me good night—about five minutes after, he came and rapped at my shutters, and said, "Come out here, I want you"—I said, "Just let me alone, I am not well"—he said, I want to speak to you"—I went out, and he stood at his own door—I went up to his door—he caught hold of me round the neck, and struck me on the head with a hammer—the first blow almost knocked me senseless—the fire flew from my eyes, and I thought they were knocked out of my head—the first blow was struck just at the top of my head—I said to him, "Craven, what do you mean by this? I thought you would have been the last man to use me in this form; do you mean to murder me?"—he said, "Yes, you Scotch b——, I mean to murder you"—he took me, and was dragging me into his own house, beating me on the head repeatedly with the hammer—his daughter said to him, 'Father, don't pull him in here, see his blood is lying on the threshold of the door"—he made a tremendous blow at me, which I kept off with my hand, or it would have killed me—he then handed the hammer over his
shoulder to his daughter, and she concealed it—the policeman came directly after, and took him into custody, and I went home to my own house as well as I could—I received between eight and nine cuts on the head from him—it was a two-clawed hammer, about a pound and a half weight—I have had the hammer in my hand many times—he struck me with both parts of it—where he struck with the claw part, it made two wounds, and the other part made only one—I went to the hospital immediately.
Cross-examined by MR. DOANE. A. If the prisoner a ballast-getter? A. Yes—I have known him nearly twenty years—he has been thirteen years or more in the service of the Trinity House—I have been in the habit of calling him up occasionally to go to his work—he had been ill just before this happened—my wife did not come and fetch me home this night—the prisoner had complained a day or two before that I did not call him—he never made use of bad language to me about it, nor did my wife tell me he had—I cannot tell what he was angry with me about—I never had a cross word with him in my life, but always the greatest of friendship—I wanted to know what it was for—he said I had given his children victuals, and that I begrudged it—I made no answer to his abuse—my daughter was present when I got the first blow—she was sitting there when I came home, but went to bed—nothing more passed than I have stated—he said enough to irritate me, but I did not think it worth while to answer, because I knew hen he was sober he was a different man—I had no fight with him—I did not fall down at all—I should have done so if the shed of the door had not kept me up—there was no butcher's block where we were—there was one in the yard, but I did not fall down on it, nor on any stool.
MART ANN HARGRAVE . I am the prosecutor's daughter, and live with him. I was in bed when the prisoner called my father to the door—I heard my father go to the door—I instantly ran down stairs in my night-dress—before I could get down he had got to the door, and the door was opened—my father was on the threshold of the door then, just going out, when I got to the door the prisoner had got one arm round my father's neck, and with the other arm he was striking blows on his head with the hammer—he said, "You Scotch b—, I will do for you now"—he was still striking blows on my father's head with the hammer—I screamed out, "Murder"—my father said, "Oh, Dan, it is murder you mean, is it?—the prisoner said, "Yes, I will do for you this night"—he was trying to drag my father into his own house, and his daughter said, "Oh, father, don't drag him into your own house, for see at the blood on the threshold of the door now"—the policeman then came up and took the prisoner away, and my mother and I led my father in-doors.
Cross-examined. Q. When you came down, did you see any body but your father in the first instance? A. No one but his daughter, who took the hammer over her father's shoulder—I beard the prisoner come and rap at my father's window, and call him out, and say he wanted to speak to him—my father said, "I don't want to have any thing at all to say to you to-night, for I am unable, I am very ill indeed."
HENRY GOULD (police-constable K 79.) I was called on this evening, and went to the place—I saw the prosecutor sitting in his own house, bleeding in torrents from the head—I spoke to him—he did not seem to understand me—he seemed insensible—I then went to the prisoner's house, and on entering the door I heard him say, "Now let the b——policeman
come in"—I immediately seized him by the collar, with the assistance of my brother officer, and took him to the station-house.
JOHN JACKSON . I am a pupil at the London Hospital. The prosecutor was brought there about two or three o'clock in the morning—his wounds were dressed when he came, and I did not undo the dressings till the next morning—he slept in the hospital that night—I found eight or nine wounds on the head and forehead—they were such as might have been made by the claw-end of a hammer—I did not probe them—I cannot tell whether the skull was fractured—no portion of the bone was displaced, that I am aware of, but it might have been—I should say the wounds were not very severe—they were dangerous—I apprehended erysipelas from them—he had erysipelas subsequently—I attribute that partly to the wounds, but I think exposure to the cold air at the police-office might hare had something to do with it—at one time his life was in danger—I cannot say whether the wounds went to the bone, not having been the first person to dress them.
Cross-examined. Q. Was the scalp severed at all? A. It was divided—the wounds were more contused than incised—they might have been produced by falling on the edge of a block, but a man must have rolled about a good deal to cause them all—I do not think they would have been produced in that way.
(The prisoner received a good character for humanity.)
GUILTYon the 2nd Count. Aged 45.—Recommended to mercy.
Confined Two Years.
Second Jury, Before Mr. Common Sergeant.
652. WILLIAM JONES was indicted for feloniously breaking and entering the dwelling-house of John Hickson, on the 4th of February, and stealing therein, 1 cloak, value 3l. 10s., the goods of John Smith: and 1 coat, value 8l., the goods of Gabriel Mitchell.
JOHN SMITH . I live at No. 43, Frederick-street, Gray's-inn-road. On the 4th of February I had a cloak, which I hung up in the hall that morning at half-past eight o'clock—I returned about half-past seven o'clock in the evening, and it was gone.
ANN GRIFFIN . I am servant at No. 43, Frederick-street—it is the dwelling-house of John Hickson, and is in the parish of Clerkenwell. On the evening of the 4th of February I heard the street-door opened—I had seen it an hour and half before shut—I went up to see who it was, and saw the prisoner coming into the passage—I saw him take the coat off the peg, and go out with it—I ran after him, and called "Stop thief,—he threw the coat down, and I brought it home—this is it—I saw the prisoner next day—I am sure he is the man who threw it down.
HENRY CAPON . I am a porter, and live at Hoxton. I was going down Harrison-street, and saw the prisoner running and throw down the property—hearing an alarm of "Stop thief," I ran, and followed him till he was taken—I did not lose sight of him.
Prisoner. He said at the office I threw down the coat, and about sixty yards further I threw down the cloak. Witness. Being rather a dark place I might be mistaken, but he threw down the property—it looked to me like a cloak—I did not say I saw him throw something down twice.
Prisoner's Defence. On going down the street, I saw a man run out of the house with something under his arm—he dropped the coat—I went to pick it up, and was accused as the person myself.
(The prisoner received a good character.)
GUILTYof Stealing only. Aged 21.— Confined Six Months.
THOMAS BEALE . I am in the service of Captain Magnus Gilbert Laing Meason, of Clifford-street, Bond-street. On the 25th of January he had a cloth cloak, which I saw safe at five o'clock in the evening on a chair in the drawing-room—it is the dwelling-house of Edwin Dove—I missed it next morning, and found it at the pawnbroker's—I do not know the prisoner.
WILLIAM CHARLES GREYGOOSE . I am shopman to Mr. Bassett, a pawnbroker, in Queen-street, Lincoln's-inn-fields. I took this cloak in pawn of the prisoner on the evening of the 25th of January—received information afterwards, and gave notice.
Cross-examined by MR. PAYNE. Q. Did you ask her whose it was? A. I did, and she said, "John Bentley's," a young man who she knew—she has been in the habit of pawning at our shop—the ticket was lost, and she afterwards came and produced an affidavit.
THOMAS BEALE re-examined. Ours is a lodging-house—a gentleman lodges there, with a servant—his name is Latouch—I do not know the servant's name—the door is kept latched—I never saw the prisoner there.
EDWIN DOVE . I am owner of the house. I was at the pawnbroker's When the prisoner came in—there was a coat lost at the same time as the cloak—I asked her where the coat was—she said she did not know—she said the duplicate of the cloak was given to her by a young woman, and afterwards that it was by a young man.
Cross-examined. Q. Did not she say it was given to her by Bentley? A. I do not know—she said before the Magistrate that she pawned it for him—she said the duplicate or the cloak was given to her—I do not know which.
NOT GUILTY .
THOMAS GREEN . I am apprentice to Mr. Jones. On the 29th of January I saw the copper safe in the shop—I went up stairs, leaving the prisoner in the shop—I returned in about two minutes, and he was in the front shop, but the copper was gone—he went out—I followed him to a marine store shop where he was in the act of selling it—that is the copper (looking at it.)
GUILTY . Aged 21.—Recommended to mercy.— Confined Six Months.
655. MARY ANN SWEENEY was indicted for stealing, on the 6th of January, 1 shawl, value 7s.; 1 gown, value 1s.; and 3 yards of flannel, value 4s. 6d.; the goods of Jeremiah Murray, and that she had been before convicted of felony.
JEREMIAH MURRAY . I live in Brighton-street, Cromer-street. The prisoner came backwards and forwards to see her mother who lodged in my house—the prisoner was in distress, and I gave her board and lodging till we could find her a situation—I saw the articles stated, safe about eight o'clock in the morning of the 6th of January, and missed them that morning—these are them—(looking at them).—mine is it lodging-house for respectable working people.
GUILTY . Aged 18.— Transported for Seven Years.
THOMAS BIRD . I am a corn-dealer, and live in Mile-end-road. About eight o'clock on Monday morning, the 20th of January, I had two coats hanging in my shop—I missed them on Tuesday morning about half-past six o'clock—this is one of them—(looking at it.)
Cross-examined by MR. PRENDERGAST. Q. You do not know the prisoner? A. I have seen him once.
JAMES ROBERTSON . I am a policeman. The prisoner was given into my custody on Tuesday evening the 21st of January, about five o'clock—I told him he was charged with having sold a stolen coat—he said he knew nothing about any coat, he had sold no coat the night before.
Cross-examined. Q. Do you mean to swear he did not say he had sold several coats? A. No, he did not—he did not say he had several dealings in old clothes—I did not tell him when the coat was stolen.
MICHAEL COHEN . I am a clothes-dealer, and live in Sandys-row, Houndsditch. On the 20th of January, about seven o'clock in the evening, the prisoner came to my shop with this great coat, and sold it to me—he did not tell me more than one at that time—I have bought coats of him at other times—he is a clothes-dealer, and lives, I believe, at the back of my house.
Cross-examined. Q. You know him to be a clothes-dealer? A. Yes, he is in the market dealing every day—I gave him 9s. for it, if I had got 10s. for it in the morning, I should have sold it, that is the value in the trade—I saw him about the market in Cutler-street, ten or twelve times that day—he had several coats for sale—there are stalls all along Cutler-street—we lay out 20l. in ten minutes, and sell them directly after—people come from Ireland to buy clothes—honest people come to sell clothes—I do not know whether the prisoner lives at the back of my premises now—he does not buy for me particularly—if I see him pass my door he buys for me or any body else.
WILLIAM CLAY . I am a policeman. I went to Cutler-street with the prosecutor, and saw Cohen—we saw the coat, and I told him to try it on—he did so, and said it fitted him—I called Cohen aside, and told him I would pay him for it—he said, "Can't you pay me here?"—I said, "No, come
into a public-house in Houndsditch, and I will settle with you," and when he came out, I showed him my authority—I was in plain clothes—he begged hard to go into Cutler-street, and he would show me who he bought it of—I took him to the station-house, and he was liberated next day—on Tuesday evening I saw the prisoner in custody, and asked him if he had sold that coat to Cohen—he said, "No"—I said, "Did you sell one like it?"—he said, "No."
Cross-examined. Q. Was there not a dispute between him and Cohen about it? A. No—I heard him say he had sold Cohen many coats, but not that night.
MR. PRENDERGAST called
DANIEL LEVY . I am a dealer in old clothes in Cutler-street—I have known the prisoner fourteen or fifteen years—he is a regular dealer in old clothes. On the Monday before this, I saw him about his business all day long in Cutler-street, and did not miss him three minutes all day—I saw him frequently in the course of the day.
NOT GUILTY .
ELIZABETH CORBETT . I am a widow, and am a laundress, and live at Hornsey. On the 31st of January, about half-past one o'clock, I hung three sheets out to dry in my garden by the roadside—in consequence of information I received, I looked, and missed them—these are two of them—(looking at them.)
Cross-examined by MR. PAYNE. Q. You are quite sure those are your sheets? A. Yes.
JOHN ELLIOTT . I am a pawnbroker, and live in Kingsland-road. I stopped these sheets of the prisoner on Friday evening the 31st of January—I asked him whose they were—he said his mother's—I asked him where his mother lived—he said, at "No. 14, Queen's Head Wharf, Hoxton"—part of the initials on them are either gnawed or scratched out.
ROBERT QUINLAN . I am a policeman. I took the prisoner into custody at Elliott's—he said some person at the Queen's Head public-house, Hoxton, had given him the sheets to pawn—I did not make any inquiry there.
(The prisoner received a good character.)
GUILTY . Aged 17.—Strongly recommended to mercy by the Prosecutor and Jury.— Confined One Month.
WILLIAM WATSON MARSH . I am a bookseller, and live in Old Cavendish-street. On the 18th of January the prisoner came to my shop, and said she came from Lady Morrison, of Cavendish-square, to borrow the third volume of "Charles Tyrrell"—I said I had not got it—Lady Morrison does occasionally send to me for books—I gave her the first and second volumes of "The Old English Gentleman"—she brought them back,
saying Lady Morrison wished to have a complete set of books—I then gave her the three volumes of "The Merchant's Daughter," I believe—I gave her three printed books however—I have not seen Lady Morrison since—the prisoner said she was her servant.
Cross-examined by MR. PAYNE. Q. Had you ever seen the prisoner before? A. Never—I let her have them on the faith of her representation that Lady Morrison wanted them, and that she came from her—they were to be returned again—I was only to be paid for the reading.
AGNES ROSE . I am housekeeper to Lady Morrison, of Cavendish-square, and have been so twenty-four years. I know nothing of the prisoner—she was not at Lady Morrison's on the 18th of January—she never brought any books to our house, and was not sent for any.
GEORGE THORNTON . I am a policeman. I was sent for to Mr. Marsh's, and saw the prisoner there—he said, "This woman has been obtaining a quantity of books from me in the name of Lady Morrison"—I asked what she had done with them—she said a female who was standing on the step of Lady Morrison's door had sent her for them, and if I went with her, I should see her standing there; that she was dressed in a green satin bonnet, and a red plaid shawl—I went with her there, but could see nobody—she gave me her name and address, "Ann Davidson, No. 14, William-street, Hampstead-road"—I went there, but could find no such person—I afterwards found she lived at No. 10, Hereford-street, Lisson-grove, and is married.
Cross-examined. Q. What is her husband? A. A journeyman plumber—I went to Lady Morrison's, and saw her and the servants.
(The prisoner received an excellent character.)
GUILTY . Aged 24.— Confined Six Months.
(There were other indictments against the prisoner.)
MARIA REEVE . I am a widow, and live in Charles-street, Lisson-grove. On Saturday night, the 28th of December, I had a bundle of clothes in my house to be mangled—the prisoner came about nine o'clock that evening, and said, "This is my bundle, you have not done them, I must take part of them out undone"—I mangled them directly, and gave them to her, as she said they were hers—I did not know her before, but parents very often bring things, and children fetch them, and children bring things, and parents fetch them—she said she lived at Mrs. Bates's, at No. 17, in our street—I do not do business for Mrs. Bates, but she keeps lodgers—I gave her the articles stated.
SARAH BATES . I am the wife of William Bates, and live in Charles-street. The prisoner lodged in our house—I did not authorise her to fetch this bundle—I never saw it—she had been away from me a fortnight.
Prisoner's Defence. I am quite innocent of the charge—I never saw the prosecutrix before.
GUILTY . Aged 21.— Confined Three Months.
WILLIAM PERKINS . I live in Great James-street, Lisson-grove. On the 22nd of January I bought at Covent-garden market two tons of potatoes, which were put into my cart—the prisoner was my servant—I desired him to drive them home—in consequence of information I went into Vine-street, and found my horse and cart there, and the prisoner in custody—I weighed the potatoes when I got home, and they were 1 1/4cwt. short—I had not weighed them at the market.
THOMAS WILLIAM GEORGE . I am a leather-dresser, and live in Greek-street, Soho. I saw the cart, and the prisoner driving, about four o'clock—I saw the prisoner taking a dozen or two of potatoes out of each sack, and putting into a loose sack at the back—I followed him to the corner of Thomas-street, and gave information to a policeman, who watched him—I saw him, with the assistance of a man, shoot the potatoes into a basket he was going away with them, when we took him into custody.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy.— Confined Three Months.
JAMES LOCKE . I am a woollen-draper, and live in Regent-street, in the parish of St. James. On the 13th of January, about two o'clock, the prisoner came to my shop, and asked me to allow him to wait there awhile for a gentleman—I said he might, and immediately went up to my dinner, and told my young man to have a sharp look-out—a gentleman came in afterwards and bought some goods, for which he paid a 10l. note—my young man put it into the till, and after I came down we found the prisoner had disappeared, and the 10l. note was gone—I have since found a note—I do not know it to be the note myself.
JOHN GOULDING . I am shopman to Mr. Locke—I remember the prisoner coming in, and remember a gentleman named Newman coming in, and paying me a 10l. note, which I put into the till—a short time after, the clerk went to settle his cash, and the 10l. note was missing—the prisoner had then left the shop—I had been in the shop all the time—I saw him near the till, which was lying on a piece of goods, while he asked me to cut him a pattern out of a piece of goods—there is no mark on the note—the shop-door was wide open, and I was alone in the shop—there was a pile of goods close to the till, and he was leaning over the goods, and asked me to give him a pattern of it, and that pattern was found on him.
JOHN FENN . I am an officer. The prisoner was pointed out to me—I took him to Bow-street, and found 2s. 6d. in silver, one penny-piece, two gold pins, a pearl pocket-comb, and two duplicates on him—he never said, "What do you want me for?" or any thing, but went to Bow-street with-out saying a word.
WILLIAM JONES . I am a turnkey of Westminster Bridewell. On Friday, the 24th of January, on the prisoner's return from re-examination he was searched, and six sovereigns found between his drawers and stockings.
HENRY FULLER . I am a jeweller, and live on Ludgate-hill. On the 13th of January, about a quarter-past four o'clock, the prisoner brought a 10l. note to my shop, and changed it—I am sure he is the person—he spent 30s.
Prisoner's Defence. I changed the note at his shop; I met a man in St. James's Park, who asked me to get change for the note—he had a watch and pin, and left some money to redeem it, and gave me the difference.
GUILTY . Aged 18.— Confined One Year.
NEW COURT.—Friday, February 7th, 1840.
Fifth Jury, Before Mr. Recorder.
GUILTY . Aged 36.— Confined Three Months.
663. WILLIAM WATSON was indicted for embezzling, on the 27th of July, 7l. 18s.; on the 22nd of October, 14l.; on the 15th of November, 20l.; on the 29th of May, 1l. 6s. 6d. on the 27th of June, 7s. and on the 20th of November, 2l. 6s. 9d.; the monies of Miles Berry and another, his masters; to which he pleaded
GUILTY . Aged 46.— Transported for Seven Years.
664. MARY ANN JONES was indicted for stealing, on the 17th of October, 6 sheets, value 2l. 18s.; 3 table-cloths, value 12s.; and 4 pillow-cases, value 2s. 6d. the goods of Thomas Wakefield, her master; to which she pleaded
GUILTY . Aged 22.— Confined Six Months.
The HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
CHARLES PANTRY . I keep the Princess Amelia public-house, in Oxford-street. On Thursday, the 2nd of January, about two o'clock in the afternoon, the prisoner came in, and called for two penny-worth of rum—he gave my daughter sixpence, which she passed to me—I am sure it was the one he put down—I put it on the shelf—I considered it was bad—he received the change and went out—after he was gone, I put the six-pence into my waistcoat-pocket, where I had no other—he came again next day for two penny-worth of rum and shrub, and offered me a sixpence—I suspected it to be bad, and put it into my waistcoat-pocket, and gave him change—I had nothing in that pocket but the other sixpence—I have no means of distinguishing it from the other—he came again on the 6th—my wife was in the bar—I am not sure what he came for—he had been in the habit of coming to my house—I saw him served—he gave my wife a sixpence edgeways—I took it, and put it into my waistcoat-pocket with the other two—I then went to the door to look for a policeman, and gave him in charge—I kept the sixpences in my waistcoat-pocket, and gave them to the inspector—I am sure these are the three—(looking at them.)
COURT. Q. Did you suspect the first sixpence to be bad? A. I did—I gave change because I wished to ascertain whether it was or not—I was
in some measure deceived with all the sixpences—I should say they would not impose on the prisoner as well as me—I knew the second was bad—when I put the second into my pocket the prisoner was still present—the first remained on the shelf till the prisoner was gone.
SUSAN PANTRY . I am the prosecutor's wife. On Monday, the 6th of January, the prisoner came for two penny-worth of rum—he gave me a six-pence—I examined it, and saw it was bad—I handed it to my husband—he walked out with it, and fetched a policeman—I had not given the prisoner his change—he asked me afterwards for half a pint of porter, and told me to warm it—while I was doing so he walked out, without his change—my husband was then at the door—the prisoner had seen me hand the sixpence to my husband, and my husband go out.
WILLIAM ROBERT BLACK . I am a police inspector of the D division. I took the prisoner, and received these three sixpences from the prosecutor—I asked the prisoner how he came to pass them—he said he was not aware they were bad, and he had taken them from his customers in selling oranges—he had a carpenter's basket with him, but no oranges—I found on him a good shilling and 10d. in coppers, three pieces of silk, and a small piece of wood—I never saw him before.
Prisoner's Defence. If I gave him a bad sixpence it was more than I knew—he had given me change, and I thought they were good—he dragged me away to the station-house, and told the policeman that I had given him three bad sixpences, and he would take his oath of it, the sergeant said, "That will transport him," and they searched me all over, and found no more on me.
GUILTY of the single Uttering. Aged 66.— Confined Three Months.
THE HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
WILLIAM WILSON . I am a coal-dealer, and live in Luke-street, Shore-ditch. On the 17th of January, between four and five o'clock in the afternoon, the prisoner came for two Yarmouth herrings, which came to 2 1/2 d.——he gave me a shilling, and I gave him change—I was waiting to serve another customer, and I put the shilling on the edge of the parlour mantlepiece by itself—I took it down about two minutes after, and saw it was bad—there was no other one near that—I put it into a bit of paper—I saw the prisoner next day, about the same time—he asked the price of my coals, and went away—I went out with some coals, and met him—I turned, and saw him go towards my shop—I turned round, and saw him offer my wife a shilling—I snatched it from him—I took him out to see for an officer—I took him down to the office, gave the shillings to the officer, and marked them.
MART WILSON . I am the wife of the last witness. On the 18th of January the prisoner came to our house, and asked for two herrings—he offered me a shilling—I saw it was bad—I bit it, and gave it him back, and told him it was bad—my husband came up and took the shilling, and took him into custody—I had seen the prisoner on the 17th—I saw him put the shilling down, and saw my husband take it—I knew him again when he came on the 18th—I am sure he is the same man—I served him myself that day, and my husband took the money.
from William Wilson—he marked them—I apprehended the prisoner—I found 3s. 6d. in silver on him, all good, and 1/2 d. in copper.
Prisoner's Defence. I had 3s. 6d., where I took it I cannot tell—I cannot swear I did not pass the money, though I doubt having passed the first, and they found 3s. 6d. in good money on me—from my great age I am liable to be imposed on by my customers.
GUILTY . Aged 65.— Confined Twelve Months.
NOT GUILTY .
THE HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
JOHN BATEY . I am a tailor and draper, and live in Queen-street, Pimlico. The prisoner came to my shop about twelve o'clock in the day of the 11th of January, for a yard of ribbon, which came to 4d.—she gave me a counterfeit half-crown, I gave her change—I sounded the half-crown at the time I took it, and thought it was good, but immediately she left the shop I thought by the appearance and feel that it was bad—I gave it to my wife—she put it into a drawer—I afterwards got it from her, and took it to the station-house—I let the policeman see it—I kept it separate from other money in my pocket till I got to Queen-square—it has not been out of my sight—I am quite sure the prisoner is the woman.
MARY ELIZA BATEY . On the 11th January, I received a half-crown from my husband, which I put into the right-hand corner of my work-table drawer—there was no money there—on the Monday after the prisoner was taken I gave the same half-crown to my husband—about six o'clock in the evening of Monday the 13th, the prisoner came for a halfpenny worth of thread and a paper of needles, which came to 2d.—she offered a half-crown, and by the gas-light it looked very black—I took it up, called to my neighbour Mr. Pearce, and said, "Could you oblige me with change for half a crown?"—I told him to mind the prisoner—I gave the half-crown to Harding—it had not been out of my sight till then.
Prisoner's Defence. I am in the habit of selling things in the street, and on going up Cheyne-row, I saw a woman with oranges—I had 2s. in copper in the corner of my shawl—she asked me if I wanted change, I said, yes—she said she had but half-a-crown, I said I had but 5d. more, and she gave me the half-crown for the 2s. 5d.—I thought then I had another penny, and I gave it her.
GUILTY . Aged 18.— Confined Three Months.
WILLIAM STEVENSON . I am master of the brig Vesper, lying in the Long Reach. On the 3rd of February, about half-past eleven o'clock at night, I took a walk out of Mr. Royston's house where I had been drinking—I found the door shut when I returned—I went up Gravel-lane, and saw the prisoner—I said, "Is that Beckey M'Carthy," she said, "It is not"—I said "Where do you live when you are at home?"—she said, "I don't
live here"—she took me up Gravel-lane to one house, they refused to take us in—she took me to King David-lane—we went to a house there and went up stairs—the bed was to be 2s.—I pulled out half-a-crown—they asked me for 2d. more to get some spirits—we went to bed and in three-quarters of an hour the prisoner got out three times, and when I turned out in about two hours and a half, I found my pantaloons in a different place—my purse was half in and half out of my pocket, and only three sovereigns in it out of six which I had had—I said, "You have taken three sovereigns"—she said, Lie down, it will be all right in the morning"—I went, lifted the window up and called a policeman—I opened the door myself—the prisoner covered her head with the clothes—the policeman said, "I know you, your name is Hunt, you were only liberated from prison to-day at twelve o'clock"—I did not find my money—I had seen it a minute before I went to bed—there were six sovereigns in one end of my purse, and sixpence in the other—I had been asleep but not long—my trowsers and coat were on a chair close by the bed.
JURY. Q. Who led you to the house? A. She said she knew where the house was—I did not know a house in the place.
GEORGE HALE (police-constable k 54.) I heard the alarm of "Police" on the morning of the 4th of February—I went to a house in King David-lane—the prosecutor complained of being robbed—I found the prisoner in the room—she covered her head over—I made her dress—I searched the room but could not find any money—she denied having done it—the prosecutor was perfectly sober.
Prisoner's Defence. I met this gentleman very much intoxicated—he asked me if I had any home—I said no—he asked me if I could get him a bed, and he would give me 5s.—he told the servant to take his shoes to clean—he did not pay me—he had locked the door, and I never moved out of the room till he called for a light and called the policeman.
WILLIAM STEVENSON re-examined. She had not asked me for 5s., and I had not promised it her—I said to the good lady who took the shoes down stairs, "I will give you sixpence for yourself"—when I missed my money, between three and four o'clock in the morning, I said to the prisoner, "If you will give me two sovereigns, I will forgive you the other"—she told me to lie down, and it would be all right in the morning—I had locked the door and put the key in one of my pockets, and my purse was in the other—the door was locked till I opened it myself when the servant-girl brought the light—the prisoner was in bed, and I do not know what they drank the night before, when the drink came in—I would have no spirits—I had a pint of half-and-half, and one-third of that remained till the morning—I had missed my money before the light came, and before I had opened the door—the key was in my pocket when I awoke in the morning.
GUILTY . Aged 20.— Transported for Seven Years.
GUILTY . Aged 15.— Confined Six Months.
JOSEPH PICKFORD . I am a bookbinder, living in Beaumont-terrace, Stepney. On the 8th of January the prisoner came to my house, between one and two o'clock—he asked for an apartment—I said I could not give him a positive answer till Mrs. Pickford came home—he came again, and we let him the apartment—he said his name was William Maynard, that he was a midshipman on board the Rhadamanthus, in the West-India Docks, and had come from the Isle of France—he wanted to lodge for seven weeks or more—he said his father was a major at the Isle of France—he came in without a reference—he could give none—he brought no boxes or luggage—the next day he said he was going to the ship, and would bring me a parrot—it did not come—he left on the 13th, without notice—after he was gone we missed a watch off the mantel-shelf in the back-kitchen—I found no such ship as he mentioned—there had been such a ship, but she was a government steam-vessel, and had been gone three weeks—I saw the prisoner afterwards in the Whitechapel-road, and collared him—he begged me not to collar him—I said I would keep him fast.
OCTAVIA AUGUSTA PICKFORD . I am the prosecutor's wife. On the 13th of January I left my house at half-past ten o'clock, leaving in the house Jacobs, an apprentice—I had seen the watch at twenty minutes to ten o'clock in my husband's hand—the prisoner had it in his hand, and was laughing at its gaining an hour in the day, and at its being so curiously navigated as to require to be put back half an hour at night—when I came back, at half-past twelve o'clock, the watch was gone.
JESSE JACOBS . I am Apprentice to Mrs. Pickford. She left me and the prisoner in the house—he gave me a coat to brush—when I had done that I went into the yard—I turned my head, and saw him take the books off the table, which he had been reading—no one had came into the house from the time my mistress left till the prisoner went away at a quarter-past eleven o'clock—I did not miss the watch till twelve o'clock—no one had been in the kitchen besides me and him—no one could have come in without my seeing it.
WILLIAM HAGGERTY . (police-constable K 55.) On the 28th of January the prisoner was given into my custody by the prosecutor—he said he knew nothing of the watch, but he had seen it at Mr. Pick ford's house—I found three duplicates on him; one related to a watch, but not the prosecutor's—I found on him a pocket-book and 5d. in copper, and sundry papers.
Prisoner's Defence. I left the house, but took none of the prosecutor's property—I saw the watch on the mantel-shelf when I left.
GUILTY . Aged 19.
GUILTY .* Aged 19.— Transported for Seven Years.
CHARLES HUMPHRIES . I am a publican out of business, and live at Whitefriars, close to the Temple. On the night of the 17th of January, I went to the west end of the town, and looked at several houses which
were to let—on my return, the prisoner accosted me at the corner of Castle-street—she said, "I believe I have the pleasure of knowing you"—I said, "You have the advantage of me"—she said, "Which way are you going?"—I said, "To the city "—we walked on—she said, "Where are you going?"—I said, "To a public-house "—she said there was a nice house opposite, where there was a pawnbroker's at one corner of a turning and a public-house at the other—she took me to it—I did not like it—we came on, and went to Great Wild-street—we went to a public-house, and called for a glass of gin-and-water—I went out to look at another house—when I came back, the glass was empty, and we had some more—we went some distance, and went into another house, where I represented her as my wife, and we had another glass of gin-and-water—we went on till we got near my home—I said, "Will you have any more before we part?"—she said, "I have no objection"—I turned to go to another house, I got to the lobby, and she was gone—I walked home, and when I was going to bed I missed my watch.
Cross-examined by MR. DOANE. Q. What time was that? A. About nine o'clock in the evening—I went into two public-houses with her, and four or five by myself—she walked with me from Long-acre to Fleet-street—we went up to the club-room in Great Wild-street, but as there was no fire, we came down—nothing more took place between us than drinking—on my oath there did not—I took her with me, because she accosted me, and asked where I was going—I did not tell her I would marry her—I had not drank much—I was quite sober—she was dressed respectably—I pulled out my watch to see the time in Great Wild-street—there were two persons in the parlour while I was there—I did not give her the watch to take care of, and put it into her bag—there was a gentleman sitting at the farther end of the table, previously to my being alone with the prisoner upstairs—no liberties passed between us, neither from me to her, or from her to me—I have been out of business between four and five months—I was last in business at the Coach and Horses public-house, in High Holborn—I left it on the 30th of September, because I sold it—I am living on my property—I am married—I represented myself as single.
GEORGE WESTON (police-sergeant F 6.) I apprehended the prisoner on the 21st of January in Vinegar-yard—I told her what it was for, and the name of the other person who pawned it—she said, "She pawned it with my consent," and she stated where, at the station-house.
NOT GUILTY .
MR. HEATON conducted the Prosecution.
ROBERT NEEDHAM . I am in the employ of James and William Simpson, who are engineers, in the Belgrave-road. They have copper similar to this in their store-room—on the 28th of January I and another person
received directions to be in their store-room in the evening, in consequence of having made a report of some being lost—the prisoner was in their employ, and had been so nearly three years, as a private watchman—there are two store-rooms—one of them has three doors, one of which leads into the counting-house, but it was locked—when we went into the store-room the foreman locked us in, and put the key where it was usually put, in a drawer in the counting-house—this was about seven o'clock in the evening—about half-past eight o'clock I heard some one unlock the door, and the prisoner came in at the door which led to the lobby of the small store-room, with a lantern in his hand with a lighted lamp in it—he went direct to the place where the copper was deposited, and took one piece, as I ascertained afterwards—he returned in the same direction, locked the first and second doors, and went out—I got out of the place where I was concealed, and opened another door which has no lock on, went out, and detected him a few yards from the last door—Chivers came up while I had hold of him—he had this piece of copper with him, which is 15 1/2lbs., and it worth about 11d. per lb.—I collared him, and said, "I want you, old fellow; I am very sorry I have been obliged to watch to detect you"—he did not know who I was—he was in a kind of stupor, but afterwards he asked who I was, and begged me to say nothing about it—Chivers came up, and took the copper from him.
Prisoner. Q. Did you not give the key of the store-room into my possession, and tell me to open the door? A. Never—I have a key here which does not open the store-room—this I hare given the prisoner to let a woman in that cleans the office.
FREDERICK CHIVERS . I am a carman, in the employ of Messrs. Simpson. On the 28th of January I was set with Robert Needham to watch the store-room—I heard some one unlock the door, and saw the prisoner enter, walk deliberately to where the copper was, take a piece, put it under his arm, and walk out, and I heard him lock the door after him—I saw Needham go after him—I followed, and came up with him—Needham collared him, I took the copper from under his left arm, and his lantern from his hand—I took him to the lodge, and Needham went to Mr. Simpson—I saw something shining in the prisoner's hand, and took this key of the store-room from it, which he had let himself in and out with—I asked what could possess him to do it—he said he did not do it for himself—I said, "You must be a foolish man to do it for others"—he said, "There is no knowing what you may do before you die, Fred."—I gave the policeman the copper—it is Mr. Simpson's.
Prisoner. Q. Did I not leave the copper with you, and did you not call me a b—y scoundrel? A. I did not.
Prisoner. Q. Did I not tell you there had been an argument with the men about the weight of that copper, and I was going to weigh it? A. You said you were going to weigh it, but you first said you had not had it, and that Chivers did not find it on you.
Prisoner's Defence. There had been an argument about the weight of
some pieces of copper—some said they were from twenty to thirty pounds—I took one piece to weigh, and these men came up to me—I did not know who they were—it was not likely I should go then to steal it, when I could go any hour at night—the men were coming from work.
(Amelia Mullins, a widow, of King's Head-court, gave the prisoner a good character.)
GUILTY . Aged 46.— Transported for Seven Years.
ELIZABETH BEAUMONT . I am the wife of Thomas Beaumont—I saw the prisoner come into my husband's shop in Union-street, Hoxton Newtown, on the 14th of January, take a paper of taps, and put them into his pocket—I took him by the collar, and pulled them out of his pocket—these are them—they are the property of my husband's mother, Susannah Beaumont—he remained behind the counter, where I saw him first—he begged me to let him come round the counter, as it would be worse for him if the policeman found him behind the counter.
JOSEPH FEARNE (police-constable N 244.) I found the prisoner at the prosecutor's shop—these taps were delivered to me, he begged to be let go, and said it was the first time—I found 1s. 0 1/2 d. on him.
Prisoner. I was out of place, and had no shoes—my sister gave me 1s. 0 1/2 d. and I went to get some nails—the woman came in, put her hand on my shoulder, and shoved me behind the counter—these taps laid on the counter, and I pushed them down—she took them up, and said I was going to put them into my pocket.
GUILTY . Aged 17.— Confined Six Months.
JOHN CULVERWELL . I keep a beer-shop in Chapel-place, Belgravesquare. On the 25th of January the prisoner was brought to me by the landlord of a public-house close by, with this pot in his possession, which is mine.
Prisoner. Q. Was it inside or outside? A. Outside.
LUKE OWEN . I keep the Coachmaker's Arms public-house in Belgravemews—I was informed the prisoner had got a pot—I followed him, and found it was Mr. Culverwells—I took him there—he said he had found it on the pavement at General Stanhope's door.
Prisoner's Defence. This pot laid on the pavement—there was nobody handy, and I took it up.
GUILTY . Aged 27.— Confined One Month.
prisoner was in our employ for seven weeks, and had a good character—I received information on Tuesday, the 28th of January, that these goods were in Mr. Merchant's shop—I went there, and saw them.
WILLIAM MARCHANT . I live in High-street, Bloomsbury. On the 24th of January the prisoner came in the evening, and brought a length of six yards and a half of kerseymere—he requested me to make it into trowsers for him—I measured him for them, but he said the time I mentioned was too long for him, and could I let him have some trowsers, and take the kerseymere—I said, "Yes"—on the Monday following he brought some kersey—I observed that he went to the prosecutor's shop, and I gave information.
(Property produced and sworn to.)
(Henry Chamberlain, a draper, at Norwich, in whose service the prisoner had lived for four or five years, gave him a good character.)
GUILTY . Aged 19.— Confined Three Months.
678. JANE TOOMES and ANN CURTAIN were indicted for stealing, on the 17th of January, 1 basket, value 1s.; 71bs. weight of flour, value 1s. 4d. 1lb. weight of sugar, value 9d. and 2 loaves of bread, value 6d. the goods of Samuel Dias, from the person of Ellen Wilmot.
ELLEN WILMOT . I am ten years, old I live servant with Mr. Samuel Dias, in Church-street, Bethnal-green. On the 17th of January, about seven o'clock in the evening, I was sent out by my, master for two quarterns of flour, some lump-sugar, and some bakers' twists—I got them, and had them in a basket—when I got to the corner of Brick-lane, I saw the two prisoners, Curtain kicked my heel, and drew blood—the said to me, "Oh, my dear, did I hurt you, shall I carry your basket for you?"—I said, "No, thank you," but she dragged the basket off my arm—they then whispered together—they took me down two or three dark turnings—I then saw Toomes take one quartern of flour out, and one bakers' twist—I began to cry, Curtain clapped her hand over my mouth, and said, if I did not cry, she would take me to the girl—two ladies told the policeman, and he came running—Curtain had the basket en her hand when the policeman came up—I had caught hold of her gown—Toomes had a red bonnet on, such a one as the officer had in his possession afterwards.
GEORGE KING (police-constable H 111.) About seven o'clock, on the evening of the 17th of January, I was going down Brick-lane, on my way home—in consequence of something a female said to me, I went down a street, and saw the prisoner Certain by the side of this little girl—Curtain had a straw bonnet on, and a basket on her arm, which contained some bread, flour, and sugar—I asked the child who had robbed her, and Curtain said she had ran through the court—I ran, thinking to overtake her, but I saw no one—I came back, and saw Curtain give the basket to the child, and the child had hold of Curtain's gown—I took Curtain—she said the other girl's name was White, and she could take me to when I could find her—after the first examination of Curtain, Toomes who was there, asked me how Curtain got on—I looked at her very hard, and recognised her as being one who was often with Curtain—I said "I can take you to her"—I took her in, and the child recognised her directly—I found in the basket a quartern of flour, a pound of sugar, and a twist—I asked Toomes if she had a red bonnet—she said, "No"—I said, "No, a black one"—she
said, "Yes"—I went to the house were Toomes told me she lived, I saw her mother, and I found this red bonnet there.
Toomes's Defence. I know nothing of it.
Curtain's Defence. If I had been guilty I should not have walked forty yards after the policeman—he laid hold of me in Fashion-street, and said, "You are a party concerned;" I said, "I am not; I was willing to go;" I never had the basket, nor any thing else.
(Curtain received a good character.)
TOOMES— GUILTY . Aged 18.— Confined Nine Months
CURTAIN— GUILTY . Aged 18.— Confined Six Months.
Fourth Jury, Before Mr. Sergeant Arabin.
679. JOHN DRURY was indicted for stealing, on the 19th of October, 160 lbs. weight of copper, value 5l., the goods of William Jenkins and another, being fixed to a certain building, to wit, a peach-house; to which he pleaded
GUILTY . Aged 39.—Recommended to mercy.— Confined Nine Months.
MR. CLARKSON. conducted the Prosecution.
JOHN BENBOW . I am proprietor of Cowley Hall-mills, in the parish of Hillingdon, and reside there. Previous to the 18th of January, the prisoner had been one of my grooms—I had another groom—in consequence of some information, I caused Biggs, an officer, to be stationed to watch the prisoner's movements—after the officer had made a discovery, some corn was shown to me, some beans, and some iron—they are my property.
Cross-examined by MR. DOANE. Q. Were your beans a mixed sort? A. No—when these were shown to me they were—they were a parcel I had selected some months ago of a particular sort, the best I could get for my own horses—these were mixed with oats—I know the prisoner was in the employ of the Hon. Mr. Tollemache.
MR. CLARKSON. Q. Were yours Tartary oats? A. Yes—they were mixed in my bin, and when they were found they were mixed, and the oats found were Tartary oats.
JAMES BIGGS (police-sergeant A 11.) I went with John Scotney to a place about fifty yards from Cowley Hall Mills on the 18th of January—while we were proceeding the prisoner overtook us—he passed close by us, and said, "Good night"—he was going towards Mr. Benbow's premises—I noticed his dress and appearance—he had a fustian jacket or coat on—I observed the pockets of it, and I could tell that there was nothing in them, as the wind was very boisterous, and the coat flaps turned up several times—we placed ourselves near a hedge on Mr. Benbow's premises, and waited there, and in half an hour I saw the prisoner come in a straight direction from Mr. Benbow's stable—it was then about half-past six o'clock—when he came out he came down the road, and when he came to the end there was a gap in the hedge—I jumped over—the prisoner said, "Halloo, you frightened me"—I said, "What about?"—he crossed the road, and went on—I walked by his side—I said I was afraid it was Mr. Benbow come home, as I was over in his field, fishing—I noticed his pockets, and as we got on to a stile, I said, "You seem very bulky to-night"—he said, "No,
I have nothing"—I put my hand into his pockets, and felt the corn, I took hold of his collar—he called out, "Eliza, and some other name—(his own cottage was very near)—he said we were murdering him—while we were handcuffing him his wife came out, and said, "What have you been doing? what is the matter?"—I said he was my prisoner, he had been stealing his master's corn—she said he had not—Scotney then put his wife's hand into his pocket, and said to her, "Will you believe it now?"—she said, "Oh, dear, what shall I do?"—the prisoner said, "Never mind"—I went with him to the Fox public-house, and on the way he, by some means, got his hand to his left-hand pocket, and made a hole in it, and most of the corn fell out on the road—during that time Mr. Cole came up, and said, "Here is something falling from his pocket," and Mr. Cole caught some of it—I then took up the two ends of the prisoner's pockets, and took him on to the Fox public-house—I then found these two pieces of iron in one of his pockets, and a pocket-full of corn, and a little corn left in his left-hand pocket—this is the corn—he said, "I have done wrong, I must suffer for it"—I believe he keeps a horse.
Cross-examined. Q. How came you to handcuff him? A. He was very resolute, and tried to get away into his own garden—we handcuffed him at the little stile which leads to his own garden—Scotney was with me, but he had sprained his ancle, and could not render me any assistance—when the prisoner first passed he saw us—I had not seen him before, but I had a description of his person—I was on duty, and I had my uniform on—it was then about half-past six o'clock, and was rather darker than when he came out.
JOHN SCOTNEY (police-constable T 66.) I was with Biggs—the prisoner passed close by my elbow—I noticed his pockets particularly, and there was nothing bulky about him—we then concealed ourselves, waiting his return—he came from the direction of the stable—I have heard what has been stated—it is true—I was not at the Fox public-house when he was searched—I saw some corn on the ground the next day.
CHARLES COLE . I am foreman to the prosecutor—I have the management of Cowley Hall Mills. On Saturday evening, the 18th of January, I was coming out of my own door, which is about three hundred yards from the mill, and opposite the prisoner's cottage—I heard him cry out, "Gardner" and "Eliza," and when I got to him I found he was in the hands of the officers—he was resisting them—I advised him to go quietly—I followed him to the Fox public-house, and as he was going I heard something fall—I caught some in my hand as it was felling from his pocket—it was some of this corn, and oats, and beans—I held my hand under as it was running from the tail of his coat—I told Biggs, he took hold of the two ends of his pockets, and went on to the public-house—I heard him say he had done wrong, and no matter what became of him.
The prisoner received a good character.)
GUILTY . Aged 42.—Recommended to mercy by the Jury.— Confined Six Months.
(There was another indictment against him.)
SAMUEL ADAMS . I am a waiter at the King's Head tavern, in the Old Jewry. On Sunday evening, the 26th of January, I was in Hackney-road, about half-past eleven o'clock—the prisoner accosted me, and asked me to go with her—I went to Caroline-street, Hackney-road, to a lower room—I sat and talked with her—I had 11s. or 12s. in my right-hand breeches-pocket, and among it was a half-crown—I know it was secure when I went into the house—she sat on my right-hand side—I was sober—(I had been at home till the evening, and then went out for a walk to the Eagle)—I gave her a shilling before I went into the house, but I did not like the situation I was in, and got up to go away—I had taken no liberties with her at all—when I got to the door of the room I missed my money, and told her she had got it—she denied it—I told her she had robbed me of my money—she said she had not—the policeman was passing, and heard us—he took her—she said she had not got the money, nor had she taken it—the policeman found a half-crown and three shillings in the grate, which, I believe was part of what I had lost.
JOSEPH SMALLEY (police-constable H 175.) I heard the noise, and went into the house—I asked the prisoner if she had taken the money, and said, if she had, she had better give it up—the landlord and landlady came into the room—I said, "This girl has been robbing this man, and if she don't give it up, I will take the whole three of you to the station-house"—the landlady begged I would not for the sake of her husband's character—I then heard them whisper together, and some one said, "The ashes"—I then got a bit of paper, and found this money in the ashes.
GUILTY . Aged 17.— Transported for Ten Years.
WILLIAM HENRY TORRINGTON . I am a tinman, and am about sixteen years old—I work for Mr. Sacker of Bow. On the 25th of January I was going home, and called at Mr. Butler's the butcher, in Whitechapel, on an errand for my mother—I met the prisoner by Whitechapel church, about ten minutes past twelve o'clock at night—I had not known her before—I went into a shop and bought a pork-pie, and as I came out the prisoner asked me for the pie, and said she was very hungry—I gave it to her, and then I was going up Brick-lane—she laid hold of my arm, and she would not let me go—we went on to the first turning, and she said, "You had better come home with me"—I told her I must go, as my mother expected me home every minute—she said, "Never mind, you shall come home and have a night's lodging for sixpence"—I said I could not stop, but she would not let me go—I went home with her to a house in Went worth-street—she then said I must pay for the room—I gave her a shilling, and she kept it all—she said she meant to keep that; and then she asked for sixpence, and I told her I could not give it her—she kept on asking me, and I gave it her—she then said if I did not give her another shilling she would would beat my skull in with a patten—we were on the bed together about ten minutes—I had got this little tin box with 2s. 6d. in it, and the halfpence were in my pocket—she took the box out of my pocket twice—I took it from her, I took the money out of the box, and put it into my waistcoat-pocket—we came out, and after I had
been out about two minutes I put my band into my pocket to feel for my money, and it was all gone—I did not say any thing to her, but I came on till I saw a policeman, and I told him—I have not got my money—I had a farthing amongst my copper, and 8d. or 9d. beside.
ALLEN PIPE . I am a policeman. I met the prosecutor—he said the prisoner had robbed him—I asked her how much money she had got—she said 2s. or 3s.—I said, "Let us look," and I found on her four shillings; one sixpence, 5d. in halfpence, and one farthing—she said she had money before, and he had given her some.
Prisoner's Defence. I was coming along—he spoke to another girl who was with me—she went away—he came to me, he took me, and got a quartern of gin—he chucked down a half-crown, and said, "Will you have a pie?"—I said, "I don't mind," and then he went with me to this place, but as for striking him I did not.
GUILTY .* Aged 17.— Transported for Ten Years.
ELIZABETH HEBBEN . I am single. I went into the Three Cups public-house, at Bow, at eight o'clock in the morning of the 28th of January, to wait for a young man whose breakfast I took up—the prisoner was there—I took my shawl off my shoulders, and put it on the table while I had my frock pinned—I turned my head, and my shawl was missing—I went outside, and a lady told me something—I went to the pawnbroker's, and found my shawl—I came back—I found the prisoner sitting in the same room at the public-house—I asked him about my shawl—he said he knew nothing about it—this is it—(looking at it.)
GUILTY .* Aged 19.— Transported for Seven Years.
FRANCIS AMOU . I live in Riding-house-lane. The prisoner lodged with me for about two months—he is a tailor—I have a friend named Angus Jamieson—he went out of town in September, and left his property in my care—one box of his property was under the bed, and one behind the door—last Tuesday week when I went home at night 1 discovered the boxes had been opened—the prisoner had not been there for two or three days—he came home about six or seven o'clock in the morning on Wednesday, the 22nd of January—I got an officer, who found the duplicate of this property in his pocket.
THOMAS GASSON (police-constable E 198.) I was called in, the prosecutor Gave the prisoner in charge for breaking open a box, and said he suspected some clothes were taken out of it—after some time the prisoner said he had taken some, but did not say what—I took up his coat, and found in a pocket-book in it three duplicates for a coat, waistcoat, and a pair of trowsers, pawned at Mr. Attenborough's.
Prisoner's Defence. I was out of work, and only did it till I could get these things out again—I did not break the box—the lid was only on with one hinge.
GUILTY . Aged 25.— Confined Six Months.
685. MARY BREWER was indicted for stealing, on the 27th of November, 2 pillows, value 4s.; 1 bolster, value 6s.; 3 blankets, value 7s. 1 sheet, value 3s.; 1 quilt, value 2s.; 1 table-cloth, value 9d.; 1 looking-glass, value 1s.; 2 pillow-cases, value 1s.; and 1 flat-iron, value 6d. the goods of Henry Nicholls Vittle.
ELIZABETH VITTLE . I am the wife of Henry Nicholls Vittle—we live in Bruton's-buildings, Shadwell. I let the prisoner a room furnished, on the 12th of November, at 3s. 6d. a week—she said she was married, she slept there with a man three nights, who she said was her husband—on the 27th of January I saw her go out—I thought she was bulky, and when she came back I went up stairs after her, and missed these things—I sent for an officer—the prisoner wanted me to go to her mother's, up at the Tower.
(Property produced and sworn to.)
GUILTY . Aged 26.— Confined Four Months.
686. WILLIAM WELLS and FREDERICK WALTERS were indicted for stealing, on the 2nd of January, 2 waistcoats, value 1l. 15s.; 1 pair of boots, value 1l.; 3 shirts, value 16s.; 1 blouse, value 8s.; and 2 brushes, value 2s.; the goods of John Gaspard Wright.
JOHN GASPARD WRIGHT . I was lately an officer in the army, but have retired, and live at Sandhurst. On Tuesday, the 2nd of January, I was leaving London, by the Black water coach on the Western road—I was an inside passenger, and this property was in a portmanteau, which I saw safely put on the coach in Charles-street, and strapped down under, a tarpaulin—I had no doubt of its security—I missed the portmanteau on arriving at Blackwater, which is thirty miles from town—but taking it for granted that it had been taken off to shift the luggage at Piccadilly, I supposed it had been left there, and told the coachman to inquire about it—on the Saturday morning when he came to Staines, he made a discovery, and I went and identified my portmanteau—I have found but a small portion of my property.
Cross-examined by MR. HEATON. Q. Where did you get into the coach? A. At Piccadilly, but my luggage was put up in Charles-street—I never saw it afterwards—I did not see them shifting any luggage.
JOHN DAVIES WHITE . I am a policeman. I met Thomas Neale in Gray's-inn-lane on the 3rd of January—he was alone, and had this pair of boots—I had some suspicion, and apprehended him—I went to the Golden Lion public-house, and found the prisoner Wells in the tap-room—I asked him if he had given Neal the boots to pledge—he said he had—I asked how he came by them—he said he bought them in Holborn of a man who had several other pairs to sell—I asked him when he bought them—he said the same day—that he gave 7s. 6d. for them, and the
reason he wished to part with them was that they would not quite fit him, they were too small in the instep.
THOMAS NEAL . I work at Mr. Abbott's in cleaning harness, or washing carriages—I know both the prisoners, but I do not know whether they were acquainted. On the 3rd of January Wells sent a young lad, and said he wanted to speak to me—I went, and he said, "Go, and pawn these boots for me, and ask 10s. for them"—I went to Mr. King's, and they would not have them—I then went to Gray's-inn-lane, and offered them to a pawnbroker there, who said, they were a nice pair, and he wanted to try one on, and then he would not give me any thing on them—I came out—the officer was at the door, and took me.
WILLIAM JOSEPH GREEN . I am a policeman. I apprehended Walters on the 4th of January, in Chapel-street, Somers-town, coming up the Street with a bundle under his arm—I asked what he had got—he said he had got his things—I asked what they were—he said he had just left his place, and was going to his mother—I asked him if there was any mark on the things—he said there was not—I examined these shirts, which were in his bundle, and found they were marked "J. G. Wright" in full in ink, and the waistcoat also—I said they were marked, and I did not think they belonged to him—I took him to the station-house, and there he said the things had been given to him by a young man named Baldock, which is the nickname that Wells goes by.
Cross-examined. Q. You made inquiry, did you not, of his mother? A. Yes—I found she worked up the street at the house where he directed me to.
JOHN GASPARD WRIGHT re-examined. These things are mine—the coach left Piccadilly at a quarter before four o'clock—the portmanteau was locked and strapped, and it was found on the road broken open—I have lost 30l. worth of wearing apparel, and my dressing-case.
Wells's Defence. I was on the coach-rank in Holborn—a man came and offered some boots—I bought one pair—I went to a house to dinner, tried the boots, and they were too small—I said I would pawn them—the men said, "Stop till Neal comes, he will get more than you can"—I did sot and gave them to Neal—a cab-man saw me buy them, and I said if he would go down Holborn, I would show him the man, but I did not know his name.
(The prisoners received good characters.)
WELLS— GUILTY . Aged 18.
WALTERS— GUILTY . Aged 19.
Confined Six Months.
NEW COURT.—Saturday, February 8th, 1840.
Sixth Jury, Before Mr. Recorder.
GUILTY .— Confined One Month.
GUILTY . Aged 17.— Transported for Seven Years.
(The prosecutor, who was the prisoner's father, stated him to be incorrigible.)
GUILTY .— Confined Nine Months.
GUILTY .— Confined Six Months.
691. GEORGE RAYNER was indicted for feloniously receiving, on the 25th of January, of a certain evil-disposed person, 4 spoons, value 2l. 10s.; and 4 forks, value 1l. 10s.; the goods of John Colnett; well knowing them to have been stolen; against the Statute, &c.; to which he pleaded
GUILTY . Aged 25.— Confined Six Months.
GUILTY . Aged 21.— Confined Twelve Months.
693. THOMAS SMITH and GEORGE STIRRUP were indicted for a robbery on James Wilkins, on the 21st of January, and taking from his person, and against his will, 1 hat, value 5s.; and 1 stick, value 1s. his property; and immediately before and at the time of the said robbery, striking and beating him.
JAMES WILKINS . I am a grocer, and lodge at Spring-well, Wandsworth. On the 21st of January, between twelve and one o'clock at night, I was in the Almonry, Westminster—the prisoner Stirrup, came up to me, and wrested my stick from my hand—he then commenced beating me—the prisoner Smith assisted him—they beat me with their fists, one before me, and one behind—I was making away as fast as I was able—I never saw them before—by the violent blows I received from them I fell on the ground on my hands—Smith took my hat and stick, and ran off with them—I called the police—a policeman came up the street, and took Smith—I did not see him taken, but I found him in custody shortly afterwards—I also lost a handkerchief and glove.
Cross-examined by MR. PHILLIPS. Q. What are you by business? A. I served the early part of my life to a grocer—I assist my friends, who are still in the business in the Wandsworth-road—I have lived there about three months—before that I lived in Dublin, in Merrion-square, in the service of Archdeacon M'Gee—he broke up his establishment, and went abroad—I have been at the grocery business again since that, to assist my friends.
Q. What kept you out so late as one o'clock at Westminster—where had you spent the evening? A. I had been to various places—part of the time in Charles-street, at the St. Alban's public-house—I went there early in the evening—it might be between nine and ten o'clock—before
that I had been walking about in the streets—I might have been in other houses before that—I believe I was in several, I cannot say how many—I do not know that I was in any other public-house than the St. Albans—it is very seldom I go into many—I cannot say how many I was in—I did not go into any after I left the St. Albans—I staid there about an hour—I then walked round under the Opera Colonnade several times—that is, very seldom my habit, but I had not been in London for two months—I believe I had some porter at the St. Albans—no, a person treated me to some ale, I believe—I do not know his name—he lives somewhere in Pall Mall—I had known him a year or so, perhaps—I do not know what he is—I do not know whereabouts in Pall-mall he lives—I saw him as I was walking in the Opera Colonnade—I drank nothing but ale at the St. Albans—three of us took shares in a pot—I do not know who the other was—my friend treated us all—I might have drank some porter previously at another house further up in the same court—I do not know the name of the house—I was alone there—I paid one penny for a glass of porter—I cannot say whether I was in any house before that—I will not swear I was not—I cannot tell whether I drank any thing before I went to that house—I will swear I was not in half-a-dozen public-houses that night—I cannot tell how many I was in—I drank nothing to intoxicate—I do not recollect drinking any spirits—I will not swear I did not—I will swear I did not drink any gin, for I never drink gin nor brandy—I do not know whether I drank any rum—I did not pay any money for rum that night—I might have been treated to some—I was not the first person who attacked Smith that night—I swear that.
Cross-examined by MR. BALLANTINE. Q. Have you got your hat here? A. Yes, it is worth about 5s.—the stick has not been found—I have not seen the stick since the evening I lost it—I was going towards Vauxhall bridge—Stirrup came up to me in the street—he overtook me—he said a few words first of all, but I did not understand what it was—I told the Magistrate so—I believe it was taken down, but I am not certain—it was read over to me, that I swear—I cannot be mistaken about that—he commenced beating me with his fist, and I received a blow on the arm with the stick—I do not recollect whether I said that before—I said they both struck me—I believe that was taken down and read over to me, and I signed my name to it—the affair altogether took about five minutes—I was struggling with the persons during the whole of that time—I never saw either of them before to my knowledge.
ANTHONY ROSE (police-constable B 56.) About one o'clock in the morning of the 21st of January I heard a cry of police—I went in the direction of the cry and stopped Smith with a stick in one hand, and a hat in the other—he was running very fast from the cry—I said, "Halloo, where did you get that hat from?"—he said "I picked it up"—I laid hold of him—he threw the hat and stick down—I took the hat up—some prostitutes came round, and I could not find the stick—I took him to the station-house, returned, and found the prosecutor, who said a man in a fustian jacket and another had knocked him down, that one took his stick and hat, and the other man had taken refuge in a notorious brothel, which is kept by Mrs. Needham—I went there, and could not find him—I had seen both the prisoners in company together about twelve o'clock, opposite a gin shop in Tothill-street.
Cross-examined by MR. DOANE. Q. Did the prosecutor say he had
gone into a notorious brothel? A. No, he said he had got into a house—I know it to be a notorious brothel—he said that one had gone into that house, pointing to it.
Cross-examined by MR. BALLANTINE. Q. Did he describe Stirrup? A. He described him as a short stout man with a fustian jacket on—I took Stirrup in custody as he was waiting outside at the office next morning at Queen-square—the prosecutor pointed him out to me coming out of the office with me—I did not tell him he was the man I had seen with Smith the night before—the prosecutor stood by and said it was the man—I told him what I took him for—(looking at his deposition)—this is my hand-writing—it is the evidence I gave before the Magistrate—it was read over to me—what I stated is there—that is all I stated.
Q. Did you tell the Magistrate the prosecutor was with you when you took Stirrup in custody? A. I do not think it was mentioned—we had not left the office two minutes, and I was examined about twenty minutes after, respecting Stirrup—I did not state to the Magistrate that the prosecutor pointed him out to me—the question was not asked—the prosecutor made his statement first—it might have been an oversight of mine not to mention it—it is the first time I have been here—I never had any deposition made out before—I have been in the police eighteen months—I never had a prisoner for trial before—I know it is my duty to mention important evidence.
(The witness's deposition being read, stated, "This morning outside this Court, I took Stirrup into custody, and told him what he was charged with; he said he knew nothing about it")
MR. BALLANTINE called
CATHARINE M'GAFFERY I know the prisoner Stirrup—he is a smith by trade—I live at No. 1, Pear-street, Strutton-ground, Westminster, where the robbery was committed, and Stirrup lived in the next room to me—I know Woolf, he fetched Stirrup home that night as we were waiting for him to come to supper—it was the night of the 20th of January—I remember this circumstance being spoken of, which enables me to say that was the night—it was last Monday fortnight—I saw him brought home by Woolf—I was in the prisoner's room when he was brought in at half-past eleven o'clock, very drank indeed—I do not know any man in the neighbourhood who is very like him—I remained in the room till two o'clock in the morning—he did not leave the room during all that time, on my oath—I was at Queen-square on Tuesday morning—I cannot be mistaken about the day.
COURT. Q. Did you go before the Magistrate as a witness? A. No, Stirrup was taken about nine o'clock next morning—I know it was half-past eleven o'clock that he came home, or I went for a halfpenny candle just before, and I saw the clock on Strutton-ground—that was just before Woolf fetched him—it was not quite half-past eleven o'clock then—it wanted five minutes to half-past eleven o'clock by the clock at the chandler's shop—I had about twelve yards to go—there was a clock in the chandler's parlour—I did not go into the parlour, but the door was open—the gas was alight in the shop, and there was a light in the parlour—the clock stood facing the door—I did not notice what sort of a clock it was—I cannot tell the name of the shop—I had not been there above three weeks or a month—I looked at the clock, because I and Catherine M'Bride, who lives with the prisoner, were waiting for Strirrup to come home to supper—I do not know whether Rose the officer knows me.
ANTHONY ROSE re-examined. I hare frequently seen this witness—she is the general associate of thieves—the place swarms with them—No. 7, Pear-street, is full of thieves—this woman was not in the Almonry at the time I took Smith into custody.
GEORGE WOOLF . I am a farrier. I know Stirrup—last Monday fortnight I was with him drinking, at the Coopers Arms, Strutton-ground—I met him at ten o'clock against the door, and remained with him about an hour and a quarter, or it might be an hour and twenty minutes—he was very much intoxicated—I took him home, undressed him, and pot him to bed—Catherine M'Gaffery and Catherine M'Bride were in the room when I brought him home—it was about half-past eleven o'clock when I left him in the room.
COURT. Q. Were you drunk? A. Yes—I did not drink above six pints of beer—there were two more drunk as well as we Were—I saw the clock right facing me, at the Coopers Arms public-house, when I went in—I looked at the clock when I came out, at I had to go to Chelsea, where I live—I saw the time by the Coopers' Arms clock—I know Mr. Abbot's the chandler's, near where I took him home—I did not go there at all—I have been there, but was not there that night—I never saw a clock there—as you go into the shop the parlour is on the left-hand side—you cannot see any thing of the parlour from the shop-door.
MR. BALLANTINE. Q. How large is the shop? A. A pretty good size—they sell coals and things there—the parlour door is always open—I have never looked into the parlour for the purpose of seeing the clock—I could look through the glass into the parlour—I cannot undertake to say there is no clock there—I never saw one, nor heard one strike.
COURT. Q. You were not at Stirrup's lodging before you went to the Coopers' Arms? A. No, I was not—I met him at ten o'clock at the Coopers' Arms—I did not go out from his lodgings at a little before half-past eleven o'clock to fetch him home.
CATHERINE M'BRIDE . I live with Stirrup. Last Monday fortnight he came home about half-past eleven o'clock—Woolf brought him home—he was very drunk—I know the time, because I went out immediately after for a candle, and it was half-past eleven o'clock.
COURT. Q. What shop did you go to for your candle? A. To Mr. Abbot's—I went by myself—I asked Mr. Abbot what time it was when I went into the shop, and he went in, to the dock in the parlour, and told me—I cannot tell whether the parlour is on the right or left-hand side of the shop—it is right facing you as you come in—I could not see the clock if the door was open—Catherine M'Gaffery did not go with me for the candle—I did not send Woolf to fetch Stirrup—he was out with him all the afternoon, I believe—only one candle was fetched, and that I got.
SARAH NEEDHAM . I live at No. 8, Great Almonry; I am the house-keeper. I have a husband—my house is two doors down the street, at the beginning of the Almonry—I saw the prosecutor on Monday night, the 20th of January, in the Almonry—I was in my own place, and heard an altercation outside the door—I went out to see what it was, the prosecutor was having an altercation with a female, and, as I stood at my own door, I saw, about two doors from me, a very short young man, in a fustian coat, and another came by, and interfered with the prosecutor—he said something concerning the piece-of-work—the young man struck the prosecutor, and the prosecutor immediately struck him on his arm with a
stick—he had the stick in his hand, and was flourishing it, and was walking backwards, instead of going forward, waving his stick in his hand to defend himself—the young man struck him several times with his fist—I do not know what became of the prosecutor's stick, for when they got to the corner of the street, it turns off, and I saw no more of it—I did not see two men attack him—Stirrup is not the young man I saw—he was a great deal shorter than him—it was between twelve and one o'clock—I went indoors, and afterwards heard police called—I went out again, and saw a young man running in the middle of the horse-road, with a hat in his hand—it was not the short man, he had a fustian coat—it was not Smith—I am positive Stirrup is innocent, for I was close to the young man who struck the prosecutor—I did not see Stirrup that night—he is not an acquaintance of mine, I have not spoken to him for months—I know him about Westminster.
ANTHONY ROSE re-examined. I know Abbot's shop, but never was inside it, and do not know where the parlour is—I saw the two prisoners together, about twelve o'clock—I am quite sure it was after half-past eleven o'clock—it was at the Nag's Head, Tothill-street, that is five minutes' walk, good, from the Coopers' Arms—they were standing outside the gin-shop—I cannot be mistaken about them, I knew them too well—I did not see a shorter man about in a fustian jacket—I am certain I am not mistaken in the prisoners—I mentioned it to the inspector when I took Smith—I did not take Stirrup that night, as the inspector said I had better wait till the morning, and let the prosecutor identify him—Stirrup was standing talking to Smith at twelve o'clock—there were two gas-burners in the window, and a large plate-glass—I am positive of him.
JURY. Q. Was he sufficiently drunk as to be obliged to be put to bed? A. I should say not.
SMITH— GUILTY . Aged 21.
STIRRUP— GUILTY . Aged 28.
Confined Two Years.
Before Mr. Sergeant Arabin.
694. MARY BARBER, MARY MACINTOSH, MARY ANN LEPINE , and MARY BARRETT , were indicted for a conspiracy: they were also separately indicted for uttering forged warrants for the payment of money; to each of which indictments they pleaded
GUILTY . Confined Two Years.
695. EMANUEL MYERS was indicted for feloniously receiving of a certain ill-disposed person, on the 31st of December, 2 handkerchiefs, value 10s., the goods of William Cutler; well knowing the same to have been stolen; against the Statute, &c.
MR. RYLAND conducted the Prosecution.
WILLIAM CUTLER . I am a hosier and glover, in Piccadilly. On the 2nd of January I was shown two black silk handkerchiefs by Pocock, which I recognised as my property—I had missed them on the 31st of December—we generally sell black silk handkerchiefs singly—these were two together—I believe these have been stolen—I have no recollection of having sold them—I do not believe they were ever sold—I have a shopman—I have a slate in the shop on which he puts down all he sells—he might forget it.
Long-acre—he went into No. 12 in that street, which it a broker's-shop, with a bag under his arm, which appeared empty—he came out in about three-quarters of an hour, with the bag still empty under his arm—he walked up the street, about one hundred yards, when a young female ran out of the house, and fetched him back—he was there about a quarter of an hour, he then came out with the bag, and something in it—I stopped him, and asked what he had in hit bag—he said, "A few packs of cards"—I took him to the station-house, searched the bag, and found six packs of cards in it, and these two black silk handkerchiefs—he said, "That is my property, I bought them in the regular way of business in Cutler-street, Houndsditch."
Cross-examined. Q. I believe you have known the prisoner sometime? A. About six years—I never knew him in trouble.
NOT GUILTY .
696. ANN BENHAM was indicted for feloniously breaking and entering the dwelling-house of Richard Markson, on the 30th of January, at St. Andrew, Holborn, and stealing therein, 1 pair of trowsers, value 14s.; 1 waistcoat, value 9s. 2 shirts, value 18s.; 2 half-crowns, 10 shillings, and 5 sixpences; the property of Richard Yates.
RICHARD YATES I am a labourer, and lodge in Bedford-street, Liquorpond-street. The house is let out in different apartments—the landlord lives next door—it is in the parish of St. Andrew, Holborn—on the 30th of January I went out at two o'clock, and returned at seven o'clock in the evening—I had locked my room door, and tried it after me—on my return I put the key in, and found the door open—next morning I found my box broken open, and all the apparel I had was gone—this is my coat—(looking at it)—I have lost all the rest—I know nothing of the prisoner—the outer door is generally open in the daytime.
FREDERICK THOMPSON I am a pawnbroker, and live in Eyre-streethill, about two hundred yards from the prosecutor's. On the 30th of January, about six o'clock in the evening, the prisoner brought this coat to pledge, in the name of Ann Bowden, Saffron-hill.
Prisoner. I met a man who is in the habit of dealing with me—he said, "Do me the favour to pawn this coat"—I went and offered it at one place—they would not give enough—I came back to the man, and then went to this gentleman's, and brought him the 12s. which I got on it—he gave me a glass of ale. Witness. She said her son-in-law had lent her the coat to pledge, to raise the money for her rent.
GUILTY . Aged 42.— Confined Three Months.
GUILTY . Aged 38.— Confined Eighteen Months.
(See Third Sessions, page 387.)
698. ELLEN FOLEY, alias Hill, was indicted for stealing, on the 24th of January, 1 umbrella, value 3s.; 1 gown, value 1l. 4s.; the goods of Mary Ann Wills: 1 pair of boots, value 4s.; the goods of Susannah Ballard: and 1 pair of shoes, value 4s.; and 1 collar, value 2s.; the goods of Maria Quin, her mistress.
errand, and did not return—I missed the property stated—Mary Ann Wills lives in my house, under my protection—Susannah Ballard is also in my employ, and lost articles—this is my collar, (looking at it,) and I know this pair of shoes to belong to Susannah Ballard.
CORNELIUS MURPHY . I am a policeman. On the 31st of January, about four o'clock in the evening, I took the prisoner into custody, and told her it was for a robbery in Great Ormond-street—she begged to be let go, and refused to give her address—I found she lived at No. 2, Georgealley, Field-lane, where I found this collar and forty-four duplicates.
Prisoner's Defence. The place did not suit me, so I left.
GUILTY . Aged 33.
699. ELLEN FOLEY was again indicted for stealing, on the 20th of August, I looking-glass and frame, value 2l. 2 table-cloths, value 3l. 10s.; 1 1/2 yard of baize, value 1l.; 2 sheets, value 18s.; 2 pillows, value 6s.; 12 yards of carpet, value 2l.; 1 set of fire-irons, value 4s.; 20 books, value 1l. 6s.; 1 bolster, value 7s.; and 1 medicine-chest, value 4s.; the goods of Samuel Hanbury, her master.
SAMUEL HANBURY . At the time in question I lodged at Mr. Solomon's, in Lamb's Conduit-street. The prisoner was servant of the house from about the end of July until the beginning of August, when I left—I thought her honest, and she was a good cook—she had given notice to Mrs. Solomons to quit, and I took her with me to my house—she remained with me about five weeks, and I discharged her—I had missed this property while I was in Lamb's Conduit-street.
(Property produced and sworn to.)
GUILTY . Aged 33.— Transported for Fourteen Years.
ANN SUSAN MASON . I am the daughter of Thomas Mason, a bookseller, in Museum-street, Bloomsbury—he has books outside the window. On the 4th of February, about half-past four o'clock, I saw the prisoner who was at the window, take a book up in his handkerchief, and walk off—I walked after him—he turned round, saw me, and began to run—I followed him from street to street, and lost sight of him for about three minutes, while he turned the corner, at last I overtook him, and the policeman secured him—he threw the book down, and I picked it up—I am certain he is the man.
Prisoner. Q. In what street did you overtake me? A. In Museum-street—you did not give me the book—you dropped it—I was running after you, but you ran one way, and I another—there are two shelves inside our window—the window was down.
JOHN JUDGE . I am a policeman. I heard the alarm of "Stop thief!" and saw the prisoner running from a mob of people—I took him into custody—I did not see him drop the book—he said he had picked it up.
Prisoner's Defence. I was coming down Museum-street, and saw the book on the pavement—I took it up, and went along—there are four or five houses before you come to Charlotte-street—I turned down that street—this girl came after me, and said, "Stop"—I turned round, and thought she wished to claim the book, having sees me pick it up—I thought it might not be hers, and I walked on towards Russell-street, hearing a cry of "Stop thief!" I turned up Charlotte-street, and seeing her, I thought it might belong to her, and presented it to her, but she would not take it, and I threw it down—a lot of people gathered—I ran down to the right, and the policeman took me.
GUILTY . Aged 37.— Confined Three Months.
701. CHARLES VEARS was indicted for stealing, on the 21st of January, 1 watch, value 5l.; 1 chain, value 3s.; 1 seal, value 3s.; and 2 watch-keys, value 1s.; the goods of James Meredith, from his person.
JAMES MEREDITH . I am a wheelwright On the 21st of January, about half-past four o'clock in the afternoon, I was at a public-house at Cambridge-heath—the prisoner was there—a piper came in, and a dance was proposed—I danced also, and the prisoner was my partner—I afterwards sat down, and he went out—I did not miss my watch till the landlord called me out—I felt, and my watch was gone from my fob—the prisoner came in again, and said, "Old chap, how are you?"—my watch. has never been found.
Cross-examined by MR. PHILLIPS. Q. You had all drank too much, perhaps? A. No—the prisoner did not appear the least intoxicated.
JOHN FAVELL . I was assisting at the public-house, and saw the prisoner and the prosecutor dancing—I saw the prisoner draw the prosecutor's watch from his pocket, and go out directly—I do not know what he did with it—he remained out from ten minutes to a quarter of an hour.
Cross-examined. Q. I believe the prisoner had been drinking? A. He had.
GUILTY . Aged 32.— Confined Four Months.
SAMUEL SINFIELD . I am a labourer, in the employ of Robert Johnston, of John-street, City-road. He had a boat at Mr. Sowter's wharf moored to a chain—I saw it safe on Thursday evening at eight o'clock—next morning I found it had drifted away, and I missed the chain, which was broken off, and two spring balances—this is one of them—(looking at it)—I had seen the prisoner lurking about the place that afternoon.
HENRY JACKSON RAWSON . I am a policeman. On Friday evening, about half-past nine o'clock, I was in Brick-lane, and saw the prisoner come out of a marine-store shop—on seeing me he popped something under his smock frock—I watched him—he kept looking round after me—I at last saw him go into another marine-store shop—I went and found him offering this spring balance for tale—they would not buy it, and he came out—I stopped him, and asked what it was—he said he did not know, he found it in Macclesfield-street—I said, "Well, then, it must be dirty, as it is a wet night"—he said, "No," he had wiped it off—I took him to the station-house, and found 3s. 8d. on him—he said he had shown it to the people in the tap-room of the public-house in Macclesfield-street.
Prisoner's Defence. I had been to a public-house—I was crossing Macclesfield-street, and kicked my foot against this—I took it up, took it into the house, showed it to all the people, and asked what it was—they said they did not know—I took it to the marine-store shop to sell it, but they would not give any thing for it.
GUILTY . Aged 30.— Confined Six Weeks.
MARGARET STANLEY . Yesterday morning, the 7th of February, I was at the shop of Robert Barker—I bought a leg of mutton and a piece of brisket of beef—I do not know what they weighed—I bought them of the prisoner, who was serving in the shop—I asked what they came to, he said 3s., and I paid him—he said nothing about weighing them—I said, "I want 3s. worth of meat," and he gave me the mutton and beef—the officer afterwards met me, and stopped me—I produced the beef from under my cloak, and then the mutton—there were two women inside the shop, and several outside.
Cross-examined by MR. PHILLIPS. Q. What is your husband? A. A labouring man—he has not been in employ since Christmas—I go out to work—I have five small children—I was told I should get a bargain, and I went—I told the policeman I had a bit of beef, and he took it out of my hand—I gave him the mutton—I said at first I had only a bit of beef.
Q. Why not tell him you had it, unless you stole it? A. I did not steal it—I had no reason for not telling him about the mutton—I had them in my apron—I was in a flurry—I never went by the name of Dulan—my husband is at home—he lives at No. 16, Hare-court, Marylebone—I have been married to him nine years—his name is Stanley.
GEORGE REEVEL . I am a policeman. Yesterday morning, about twenty minutes after six o'clock, I was in Dorset-street, Marylebone, and saw Stanley receive a piece of beef from the prisoner—she closed her apron, pulled her cloak round it, and walked off very fast—I followed, stopped her, and asked what she had—she said, "A piece of beef"—I asked where she bought it—she said from Mr. Barker, and she gave 1s. for it—I said she must go with me to the station-house—she then pulled a leg of mutton from under her cloak, and said she gave 2s. for that.
ROBERT BARKER . I am a butcher. The prisoner was nearly twelve months in my service—the policeman brought the meat to me which he took from the woman—it was Bury mutton—that leg is worth 4s. 6d., and the beef is worth 3s.—I had no conversation with the prisoner about it—I allowed him to sell to customers, and receive money, which he should give to me.
Cross-examined. Q. Does he not sometimes put it into the till? A. Never without my knowledge—I was ill in bed that morning—I never heard any thing against the prisoner—he did not account to me for the meat, nor tell me what he sold it for—I found 1s. 6d. in the desk, which he said he took for the beef—I would take him into my employ again.
NOT GUILTY .
JOHN BAILEY . I keep a coffee-house, in New Compton-street. I had employed the prisoner for two years as a jobbing bricklayer and painter—he was there on Saturday, and Monday the 3rd of February—on Thursday evening I missed a pair of boots from my kitchen—I told him I suspected him, and not to come near my place any more; but on Thursday he came and had some coffee, and offered two rings for sale to a customer in the shop, but I did not know they were mine—I heard him tell the man he was going to sell them—he went out directly, and then the man gave me information—I went up stairs, and missed two rings and four or five shirts, and several other things—one drawer was nearly cleared—I waited outside my house, expecting him to return, which he did in about two hours—I told him I had every reason to suspect he had some of my property—he asked, "What?"—I said, "Two rings"—he said, "I know nothing about two rings; I never had any thing of that kind"—I said, "Yes, you offered them for sale in my shop"—he denied it—I then confronted the witness with him, and he said, "Oh, you mean the rings I showed you; I found them in the drain"—I asked him what he had done with them—he took me to the shop where he had sold them as old gold—these are them—(looking at them)—they had been locked up in my first-floor bed-room.
(The prisoner in a long address, complained of the prosecutor being a very mercenary man, and stated that he found the rings in the drain of the house which he was repairing; that the prosecutor had been twice convicted of keeping a bad house, and wanted him (the prisoner) to perjure himself on his behalf; and he believed the rings were placed there on purpose to entrap him.)
NOT GUILTY .
CAROLINE HEATH . I am the wife of Daniel Heath, of Goswell-road, and keep a broker's shop. On the 6th of February, about six o'clock in the evening, I saw the prisoner come to the door, snatch the trowsers down, and run off—I ran after him—my daughter followed him—he threw the trowsers away—these are them—(looking at them)—he was secured.
GUILTY .* Aged 19.— Transported for Seven Years.
706. WILLIAM ELDRIDGE was indicted for feloniously breaking and entering the dwelling-house of Charles Smith and another, on the 30th of January, and stealing therein 1 piece of handkerchiefs, value 1l. 15s. and 9 other handkerchiefs, value 2l. 5s., their property.
GEORGE JOHN RESTIEAUX . I am a policeman. On Thursday, the 30th of January, about five minutes to six o'clock, I saw the prisoner and another, twenty or thirty yards from the prosecutor—they turned up Southampton-street, and spoke to a third—the one that was with him pulled something from under his coat, and gave to the prisoner, who put it into his cap—I made towards them, and all three ran away—I pursued the prisoner—he ran down Silver-street—I ran and got in front of him, and he said, "Which is the way to Charing-cross?"—I said, "What
have you got here?" taking hold of his cap—he stooped underneath my arm and ran away—Etheridge stopped him—we took him to the station-house, and found this piece of handkerchiefs between his trowsers and shirt—Etheridge found another piece—the prisoner said the other man had thrown them down, and he picked them up—and while he was being searched he said he took them.
RICHARD ETHERIDGE . I am a policeman. I was in company with Restieaux—I saw no more than he has stated—I found another piece of handkerchief on the prisoner, concealed between his trowsers and bit waist-coat.
WALTER VALENTINE YEMAN . I am in the employ of Charles Smith and another—these pieces of handkerchief are their property—they were safe in the window half an hour before the officer gave us information that they were at the station-house—I found the window broken, and the goods gone—we lost three pieces.
(The prisoner put in a written defence, stating that there was no proof of breaking and entering, and that he was hired to carry the property by two men.)
GUILTY of stealing only. Aged 17.— Transported for Seven Years.
GEORGE JOHN RESTIEAUX . I am a policeman. On the 2nd of February, between six and seven o'clock, I saw the prisoner in Broad-street, St. Giles's, with a bundle—I said, "What have you got here?"—he said, "Only some things which my father gave me last night"—I said, "What does it consist of?"—he said "Lead"—he threw it down, and tried to get away—I took him into custody, took him to the station-house, and found this knife in his pocket—it appears to have been used to cut lead—Etheridge took up the lead—I made inquiry, and found it came from the roof of Grout's lodging-house, at the corner of Lawrence-lane, Church-street, St. Giles's—the whole of the roof had been stripped—Etheridge compared the lead.
RICHARD ETHERIDGE . I am a policeman. I was in company with Restieaux when he took the prisoner—I afterwards went with Grout and fitted the lead to the roof of the house, and it tallied in all respects—the prisoner's clothes and shoes were all covered with white from the brick-work.
THOMAS PECKHAM GROUT . I and my father keep this house. I saw the lead compared, and it fitted in every respect—the prisoner had lodged in the house thirteen or fourteen days—I know nothing further of him.
Prisoner's Defence, A young man asked me to carry it as far as Holborn for him; the policeman took me, but did not offer to stop to take the other.
GUILTY .** Aged 21.— Transported for Seven Years.
NEW COURT.—Saturday, February 8th, 1840.
Fourth Jury, Before Mr. Common Sergeant.
GUILTY . Aged 28.— Confined Three Months.
GUILTY . Aged 14.— Confined Three Months.
710. WILLIAM JORDAN was indicted for stealing, on the 14th of January, 2 boxes, value 6d.; 1 3/4lb. weight of cigars, value 1l. 1s.; the goods of Elizabeth Soper: and that he had been before convicted of felony.
ELIZABETH SOPER . I am a widow, and keep a shop in Princes-street, Ratcliff-highway. On the 14th of January I saw the prisoner come to my shop window—he looked in—he staid about a minute and a half, then went away, and came again—I afterwards saw him in custody—I missed two boxes of cigars from the counter—these are them—(examining them) and the labels that were on them.
CORNELIUS FOOT (police-constable H 98.) I was in Pennington-street on the 14th of January, about eight o'clock, in the evening—the prisoner and two other boys passed me—after they bad passed I found an empty cigar box with a label on it, and in about five minutes the prisoner came running along with this other box of cigars under his arm—I took him with it.
Cross-examined by MR. PAYNE. Q. You saw them running, and then in five minutes after you saw the prisoner again? A. Yes—they turned round a street, and came round again in the same direction—this was about two hundred yards from the prosecutrix's shop—the prisoner said a man in Old Gravel-lane gave them to him to carry, and was to give him 2d.
GUILTY . Aged 17.— Transported for Seven Years.
WILLIAM PEPLOE . I am a coach-painter, and live in Caroline-street, Lambeth. On the 2nd of August, 1830, I was present at the marriage of the prisoner and Ann Shrivse, at Bloomsbury church—I went there to give her away—I saw them married—she is now alive—I saw her on the 22nd of January.
Cross-examined by MR. PAYNE. Q. Did you know her before she was married? A. Yes, by seeing her at her sister's—I cannot say how long they lived together—it might be six or seven months—I do not know of her marrying Mr. Walter Williamson, in 1836.
MARY ANN MARGARET CLELAND . I live in New-street, Union-street, Lambeth-walk. I have known the prisoner about ten months—I was married to him at Milton church, near Gravesend, on the 14th of October last—he had represented himself to me as a single man—I had no property.
Cross-examined. Q. I believe you and the prisoner lived in the same service, did you not? A. Yes.
GUILTY . Aged 31.— Confined Three Months.
HENRY POWELL . I am in the employ of Mr. Ives, a baker, at Crouchend. On Monday, the 20th of January, the prisoner came about four o'clock in the afternoon, and asked me to go with him to sell a spoon—I refused—he came again on the Wednesday, and said, "Where we sell the bowl we must not sell the G; we must take the G where it will get melted down directly"—I refused to go, and on the Thursday he came at night, and said that all through that spoon he had got the sack—I did not see the G on the spoon, I only saw the bowl of it.
Cross-examined by MR. CLARKSON. Q. The prisoner seems to have made you a very confidential friend? A. He entrusted me with this secret—I was not much acquainted with him—I never saw him till he came to Mr. Smith's—I have been with Mr. Ives, on and off, a long while—my father is a gardener to Mr. Dickinson—I had my victuals at Mr. Ives's, and 3s. a week—I did not take the prisoner to my mistress to buy the bowl of the spoon—she did not buy it—he showed it to her, and she weighed it—I do not know what she weighed it for—I have never been before a Magistrate—I did not tell my mistress the first time I saw the prisoner—Mr. Smith's house is not a great way from my mistress—my master serves Mr. Smith with bread.
CLARA IVES . I am the wife of George Ives, a baker. The prisoner came to our shop on the 22nd of January, with part of a spoon, and wished to have it weighed—he said he thought it would fetch 2s., and that it would serve for drink for him and the gardener—he came again next night, and wished me not to say any thing about it.
Cross-examined. Q. Who was in the shop? A. My husband passed through, but he did not stay in the shop—I thought it rather odd, but the prisoner told me he found it in the garden, and it was very much bent—I knew Mr. Grant, Mr. Smith's predecessor—the part that I saw was the bowl of a spoon—I spoke of this directly I went in-doors—it must have been after the prisoner was taken that I named it.
NOT GUILTY .
713. EDWARD REEVES was indicted for stealing, on the 7th of January, I watch-maker's tool, called a screw-head tool, value 7s. 6d.; and 1 hand-vice, value 3s.; the goods of George Saunders, his master.
GEORGE SAUNDERS . I live in Goswell-terrace, and am a watch-finisher. On Monday, the 6th of January, I engaged the prisoner as a journeyman, and he worked for me on the Monday and Tuesday—on the Tuesday night he left, and on the Wednesday morning I missed this property—he ought to have come to work on the Wednesday morning, but he did not—I met him on the Thursday week, and followed him some distance—I then asked him about my tools—he told me if I would not give him in charge he would would get the screw-head tool for me—I gave him into charge, and the policeman found this screw-head tool in St. John-street, where the prisoner said it was.
Prisoners Defence. I intended to return the tools again.
GUILTY . Aged 25.— Confined Six Months.
(There was another indictment against the prisoner.)
HENRY EMBLEM . I am shopman to John Kelday, of Durham-place East, Hackney-road, a pawnbroker, On the 3rd of February, between twelve and one o'clock, I saw the prisoner and another person standing by the side of the house, looking in at the window—I then saw the prisoner run by the window—I pursued him, and he threw down this waistcoat which had been hanging inside our door—he ran up a passage, and in getting over a fence, it gave way, and I came up to him—I accused him of stealing the waistcoat—he said he had not done it—I am positive he is the person who had it—it was picked up by a boy and brought back—it had the ticket on it.
Prisoner's Defence. I saw a mob, and the gentleman collared me.
GUILTY . Aged 19.— Confined Three Months.
715. ELEANOR COOK was indicted for stealing, on the 28th of January, 1 handkerchief, value 3s.; 1 printed book, value 1s.; I jar, value 4d.; and 3 pints of pickled onions, value 1s. 2d.; the goods of Henry Peacock, her master.
HENRY PEACOCK . I live in Davies-street, Marylebone, and am a licensed carriage driver. The prisoner lived in the same house with us, and was employed as our charwoman—on the 38th of January, I missed a handkerchief, a book, and a jar of pickled onions—these are them.
Prisoner. I acknowledge pawning the book, but the handkerchief I know nothing of.
(The prisoner pleaded poverty.)
GUILTY . Aged 29.— Confined One Month.
GUILTY .— Confined Six Days.
(Mr. Clark, a cork manufacturer, gave the prisoner a good character, and promised to employ him.
SAMUEL SUTTON . I live in Robinson's-place, Kingsland, and am a carpenter. I was in my brother-in-law's shop, Mr. James Theobald, on the 26th of January, and hung up a hind quarter of mutton, I saw it safe about eleven o'clock, I afterwards missed it—I saw it on the Monday morning, about nine or ten o'clock—there were marks on it by which I knew it.
Prisoner. He said he could not swear to it; he said he thought it ws his brother-in-law's. Witness. To the best of my belief, it was the same,
and I am positive It was—I said it had been badly chopped down, all the bone was on one side, and the one without bone was the one that was lost.
JEESE PAKES (police-constable N 16.) I was on duty in Hertford-road, on Sunday-evening, the 26th of January, and met the prisoner carrying something in his arms—I asked him what he had got—he said, "You know me very well"—I said I did not—he said he had got a hind quarter of mutton, which he got from the Green Man public-house.
Prisoner. I said I got it from the Elephant and Castle public-house; he said, "From Mr. Theobald's," and took me back to Mr. Theobald's; Mrs. Theobald came to the door, and said she knew nothing of it; Mr. Theobald came over after he came home, and said he could not swear to it—I was to have met a young man at a house with it.
GUILTY . Aged 24.— Transported for Fourteen Years.
GEORGE WILKINS . I live in New-street, Shadwell, and am a seaman. About twenty minutes to twelve o'clock, on the night of the 29th of January, I was going home from Leah-street, and met the prisoner, she put her hands round me, and called me her dear—my hands were in my pockets, I took them out to shove her off, and she put her hand in my pocket, and took out 4s. 8d.—the policeman came up, and took her, and in going along by the church she dropped the money—I saw one shilling roll along—I had had some money in one pocket, and some in the other.
Prisoner. I met him, the policeman was coming along, and I said to a young female, who was with me, "Come on," and I dropped a shilling out of my hand.
WILLIAM PARAMALL (police-constable K 51.) I was going down the street, and heard the prisoner say, "Mary, come on," and she ran up the lane—I heard the prosecutor say she had robbed him of 4s. 8d.—I caught the prisoner just by the church—I asked what she had been doing to the sailor, she said, "Nothing"—I took her arm, and in going across the road she dropped one shilling, and I found 8d. more on her—the prosecutor was sober.
Prisoner. I said I had 1s. 8d., and he could go to the Paviours' Arms public-house, where I had changed one shilling not ten minutes before—the prosecutor was in liquor.
GUILTY . Aged 22.— Confined Three Months.
719. JAMES BRUCE was indicted for stealing, on the 1st of February, 1 5/8 yards of a certain mixture of woollen and silk, called waistcoating, value 16s., the goods of Samuel Botson Aldred, and another.
I have known him about three months—on the 1st of February he came for a yard of twist, and when he had left I missed this piece of waistcoating—(examining it)—it is my employer's—I followed the prisoner, and found it in his possession—on his return, as he passed our shop, I halted at the door, and he threw it in at the door-way—I gave him in charge.
GUILTY .* Aged 21.— Confined Six Months.
WILLIAM BRANDLE . I keep a shop in Long-alley. On the 3rd of February, about a quarter-past eleven o'clock, I was in my back-room—I heard a noise, and ran into the shop—I missed this bacon, which I had seen a quarter of an hour before—I ran out to Norton Falgate—I saw the policeman, and he found the prisoner with it.
Prisoner's Defence. I saw the bacon concealed in the corner of a street—I took it up.
GUILTY . Aged 29.— Confined Three Months.
ANGUS M'KAY . I am mate of the brig Walker, which is in the Regent's Canal. On the 2nd of February, about twelve o'clock at night, I was going to my ship—there was a row—I stopped to see it—the prisoner came alongside of me, and asked what was the row—I said I did not know—some more persons came up, and the prisoner shoved her hand into my pocket, and ran off to a door, where there were other women—I caught the prisoner, but the other women got in, and the door was shut—I had had one five-shilling-piece in my pocket, and that was gone.
Prisoner. We walked down the Butcher-row, and we stood talking—he said he would not come with me—I went up towards School-house-lane again, and he came and said I had robbed him of a five-shilling-piece. Witness. I did not walk with her.
JAMES CRAWFORD (police-constable K 253.) I was on duty—I heard the prosecutor say, "I have got you now; you had no business with your hand in my pocket; I will give you in charge"—I took her—she was searched by a female, but no five-shilling-piece was found on her.
NOT GUILTY .
722. MARY ANN KEMP was indicted for stealing, on the 25th of January, 2 counterpanes, value 16s.; 2 sheets, value 7s.; 1 blanket, value 6s.; 2 pillows, value 6s.; 2 pillow-cases, value 1s.; and 2 night-caps, value 1s.; the goods of John Gibbons.
MART GIBBONS . I am the wife of John Gibbons, an engineer. The prisoner came to see me on the morning of the 25th of January—she told me she was going to buy a bonnet and some boots, and other things—she stopped about a quarter of an hour, and asked me if I would go to see her on the Monday—I said I should be out—she was then going down—I was going down with her—she said, "Don't come down to hinder yourself"—I went about seven o'clock to my husband—when I got home my
door was open, and these articles gone—(examining them)—these are them.
LOUISA DAVIS . I lodge in the same house with the prosecutrix. I went down on Saturday night, the 25th of January, and saw the prisoner in the passage—I went up stairs, and then I saw her there again—I went out, and when I came back she was gone.
Prisoner. Q. Can you swear I am the person? You said you could not see my face. A. You are the person.
Prisoner's Defence. I went home at half-past six o'clock—I remained there a few minutes—I went out again and met my husband, and was with him from a quarter before eight till half-past ten o'clock, and the person says the robbery was committed between eight and nine o'clock—why my husband has kept away I do not know—these people have been trying to separate us these three months—the pawnbroker falsely swears—it was not me.
GUILTY . Aged 23.— Confined Six Months.
JOHN CRACKLEN . I live in Charles-street, Westminster, and am a butcher. On Saturday evening, the 1st of February, between eight and nine o'clock, I missed a piece of aitch-bone of beef from the front of the shop—in about a quarter of an hour the policeman came, and found it at the station-house.
SAMUEL JONES (police-constable A 58.) I was on duty in Queen-street, about two hundred yards from the prosecutor's—the prisoner passed me with this beef—I asked him where he had got it—he said, "At a shop up above"—I said he had better go and show me where—he went a few paces, and then threw it down and ran off about a hundred yards—I took him, and bad a great deal of trouble to get him to the station-house.
GUILTY . Aged 27.— Confined Three Months.
GEORGE GURNEY . I am waiter to Mrs. Charlotte Hemery, who keeps the Mason's Arms in Maddox-street. On the 4th of February the prisoner came to the house, and had a pint of porter, which he paid for—he was in the tap-room a quarter of an hour, and then went into the back yard—I missed him for about twenty minutes—I had counted the pots in the yard before he went, and when he came in I missed four—I went out—he saw me, and began to run—I ran and called, "Stop thief!"—he was brought back, and one pot was found in his hat, and at the station-house these three others were found on him—they are my mistress's.
GUILTY . Aged 23.— Confined Six Months.
MART MANSFIELD . I am a widow, and keep a shop in Bosher's-court, Tottenham-court-road. On the 4th of February I saw some persons at my door—I went out, and missed these boots—I found the prisoner about twenty yards off with them in his possession—I caught hold of him, and said, "I hate caught you now"—he begged me to let him go, and said he was a very poor man, and he seemed to be so—these ore my boots—they had been on the step of the door, but I had not put them out—some persons had been stopping at the door, but I do not know that he was one.
Prisoner. I was coming past, and took up the shoes to look at—the prosecutrix came and dragged me in, said she had lost several pairs, and I was the thief—I was not two yards from the door—I was tried here in November, and had two months for stealing some bread—I would rather be transported—I can get nothing to do any where.
GUILTY .* Aged 40.— Transported for Seven Years.
GEORGE BEW TIPPING . I am the proprietor of the Old Slaughter coffee-house in St. Martin's-lane. The prisoner was in the service of my daughter, who lives next door to me, and she was in the habit of coming to my house—I missed a silver spoon on the 5th of February—this is it.
WILLIAM GALILEE SAVILLE . I am assistant to Mr. Wells, a pawn-broker. About half-past nine o'clock, on the 5th of February, the prisoner offered this spoon—she refused to say whose it was—she then said it was her own, and afterwards that it was her mistress's—the officer was sent for, and took her.
GUILTY . Aged 20.—Recommended to mercy.— Confined Three Months.
RICHARD BADCOCK . I am shopman to George Frederick Butcher, a linen-draper at Hoxton. On the 1st of February, about three o'clock, the prisoner and another female came to the shop, and asked for some lining—I showed them some—they bought two or three things, and asked to look at some lace—I showed them some in a box, and sold them two yards and three quarters—I took the box back, and one of the young men told me something—I then went and asked the prisoner if she meant to keep the lace which she had under her shawl—she said, "What lace?"—the other female rose up—the prisoner rose at the same time, and I saw two pieces of lace on the floor—another fell to the ground between the prisoner and the counter—I sent for the policeman, and gave her into custody—this is my master's lace (looking at it.)
Cross-examined by MR. PAYNE. Q. Which side of the counter were you? A. On the opposite side to the prisoner—I looked over the counter and saw the lace—they were sitting together—the other female rose up before the prisoner.
pieces of lace on the floor—I saw the prisoner in the act of drawing up the lace with her foot, till her hand met it—she then took it, and put it under her shawl—I told Badcock.
Cross-examined. Q. Was her back towards you? A. Her side was—I saw two pieces drawn up—I did not see how they got on the floor—she drew them up with her left foot against the counter about twelve or thirteen inches, and then her hand met them—she and the other person were close together.
Cross-examined. Q. What did you see? A. I saw two cards of lace lying against the counter, edge-ways—I pointed it out to the shopman—I saw the prisoner draw the lace up with her foot, and then she reached with her left hand, and took it—I was on the opposite side—there was nothing between me and her—my husband is a shoemaker, and lives in Mark-street, Paul-street—I did not see any lace fall—when I had seen this I left the shop, and returned again—the prisoner said to me, "Here is a sixpence for you, it may be of service to you; you had better leave the shop;" but Miss Butcher detained me.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Six Months.
JAMES FLANAGAN (police-sergeant N 7.) I was at Whitehall on the night of the 29th of January, between five and six o'clock—I saw the prisoner take a pint-pot off the railings of the Board of Trade office—I followed him, and told him I wanted him—he ran from me to Charles-street—I caught him—we had a scuffle—he threw down this pot, got from me, and ran on till another officer took him.
Prisoner. I came past—this pot was on the step—I took it, and the officer came and made a sudden grab at me—I ran, bat I did not mean to steal it—I thought they would give me a pint of beer for taking it—I ran to a policeman for protection.
Prisoner. Give me one more chance—I have a poor old father dying—I was very hungry, and had nothing to eat for twenty-four hours.
GUILTY . Aged 19.— Confined Six Months.
729. JAMES RADBURN was indicted for stealing, on the 3rd of February, 1 jacket, value 2s. 6d.; and 1 handkerchief, value 5s.; the goods of William Durant, in a vessel in a port of entry and discharge.
WILLIAM DURANT . I am a seaman aboard the Larkin, which was in the West India Docks. On the 3rd of February I took my jacket off in hawling the ship into the dock, and laid it on the bits—this is it, and these two handkerchiefs were in it—(examining them.)
Prisoner. This witness said that the handkerchiefs did not belong to him, but the jacket did. Witness. They all belong to me.
JAMES M'GILL . I am constable of the West India Docks. I stopped the prisoner, with a bag of old clothes, which he said were given him by a seaman on board the Larkin—I took out this jacket and handkerchiefs, which the prosecutor owned—the prisoner had had a bag of clothes given him.
Prisoner. A seaman gave them to me with the rest of the things. Witness. He said he picked it up with the rest of the things.
GUILTY . Aged 21.— Confined Six Months.
730. JAMES JACKSON and LETITIA JACKSON were indicted for stealing, on the 2nd of January, 1 sheet, value 4s.; 1 counterpane, value 1s. 6d.; 1 quilt, value 1s. 6d.; and 2 pillow-case, value 1s.; the goods of Jemima London.
JE'O'A LONDON . I am a widow, living in Golden-lane. The prisoners took the lodgings of me, from some circumstances I thought it necessary to examine them, and the articles stated were missing—the prisoners had been there about three weeks—these are the things—(examining them)—they are mine—I did not authorise the prisoners to pawn them.
Letitia Jackson. I did not pledge the articles, I sent them. Witness. I may be mistaken.
BENJAMIN BAKER (police-constable G 43.) I found the duplicates of these things in the lodgings, and took the prisoners—the man said they had pledged the things, but intended to get them oat as soon as they got some money.
JAMES JACKSON— GUILTY . Aged 25.
LETITIA JACKSON— GUILTY . Aged 27.
Transported for Seven Years.
(There was another indictment against the prisoners.)
WILLIAM JONES . I live with Thomas Smith and another, pawnbrokers, in South-street, Marylebone. On the 27th of January, at half-past' five o'clock, the prisoner and another person came to pawn some calico and flannel—after I had received them I thought I missed something from where they were standing—I went round the counter, and asked the prisoner's friend if there was not something hanging up—she made no answer—the prisoner was going out—I stopped her—she had the petticoat under her cloak—I called a person, and she ran away—she was on the step of the door when I took it.
Cross-examined by MR. PAYNE. Q. Did she run? A. She went away—I had not seen her before—I do not know whether she ran or walked—I did not pick the petticoat off the floor—she was taken the next morning—she did not say any thing when I took the petticoat from her—her friend and a boy were in the shop.
of—she said she was innocent—I took her to Mr. Smith's, and the witness gave her in custody—on the way to the station-house she said the other woman took it, and put it under her cloak.
Cross-examined. Q. What did you say to her? A. She began the conversation—she said, "I am innocent; Mrs. Hawkins took it, and put it under my cloak"—I went to the prisoner's house, and sent for her—she came, and went to the shop.
(The prisoner received a good character.)
GUILTY . Aged 42.— Confined Three Months.
JAMES YOUNG . I keep the Calthorpe Arms public-house, in Gray's-inn-road. The prisoner was at our house on the 5th of February—my boy gave me information, and I sent for a policeman—we waited till the prisoner got outside the door, and I saw the policeman take the pot from his pocket—it is mine.
Cross-examined by MR. PHILLIPS. Q. Was his master with him? A. There were two persons with him—I have inquired about his character, and it was satisfactory—he is married, and has five or six children—he was not quite sober.
(The prisoner received a good character.)
GUILTY . Aged 44.—Recommended to mercy by the Jury.— Confined Six Days.
733. MARY ANN CARTER and MARGARET WILSON were indicted for stealing, on the 1st of February, 1 watch, value 2l.; 1 watch-ribbon, value 1d.; 1 seal, value 1s.; 1 watch-key, value 1d.; 1 waistcoat, value 12s.; and 10 shillings; the property of Thomas Lannan.
THOMAS LANNAN I am a ship-carpenter, and lodge in High-street, shadwell. On the 1st of February, between eight and ten o'clock, I was in Poplar, and met Carter, I went home and went to bed with her in her house—I awoke between twelve and one o'clock, and missed the things stated from my trowsers' pocket, I seized her, and said I would take her to the station-house if she did not give me my things—I had put my trowsers on a chair—I saw no one but Carter when I awoke—I got a policeman, and then Wilson was in the house—she detained me at the door four or five minutes—I demanded the door to be opened according to the constable's orders—this is my watch—(looking at it)—I had come from sea that day about four o'clock, and landed at the West India Docks—then went up to Poplar, and went to a public-house, and from there I went to the house where I met the prisoner—that was between eight and ten o'clock—I was not sober—there were several women in the public-house, but I do not know who.
Cross-examined by MR. BALLANTINE. Q. What is the worth of it? A. I paid 2l. 2s. 6d. for it two years ago—it was second-hand.
WILLIAM HARVEY (police-constable K 274.) I was called between one and two o'clock in the morning—I went to Carter's house—I knocked, and Wilson opened it after about five minutes—I said to the prosecutor, "Is this her?"—he said, "No"—while I was at the door I heard the back-door open—I said, "She is gone into the garden, come this way"—we went to the back of No. 6, and found several people—they would not let me in—I went to Carter's house again, and they would not let me in
—I got a light, and went into the garden through No. 2, and found Carter between Nos. 5 and 6—I said, "What have you done with this man's waistcoat, watch, and money?"—she said she knew nothing about it—I said at the station-house, "Are you the person who took this man in?"—she said, "Yes"—I said, "Did he pay you?"—she said, "Yes, half-a-crown"—I traced the watch to a pawnbroker's.
WILLIAM WOOD OGLEBY . I am foreman to a pawnbroker, in High-street, Shadwell. This watch was pawned on Saturday night last, between eight and nine o'clock, by Carter—after she gave it me Wilson came in—I asked Carter where she got the watch from—she told me it was all right—he wanted 15s. on it, and I advanced it.
Carter's Defence. I was in the Red Lion public-house—the prosecutor gave me a glass of gin, and asked where I lived, I said in Red Lion-court;—he went with me; his jacket and hat were all wet, and I dried them; he asked me to pull his shoes off. I asked him what he was going to give me; he asked if T would trust him, I said, "No;" he said he had no money, but he would give me his watch, and he pulled it out—I took it to Mr. France's, and got 15s. on it.
CARTER— GUILTY . Aged 19.— Transported for Seven Years.— One Year Penitentiary.
WILSON— NOT GUILTY .
TIMOTHY SMITH . I live in Golden-grove, Old Brompton. I was at the George public-house, on the 2nd of February, with three or four others, and we were about making a bet of 10s.—I placed on the table one crown and two half-crowns—while I was making the bet the landlord came in, and said he would not allow the bet to be made—the prisoner took up the money and went out—I went as far as the Admiral Keppel public-house, and could not find her—I heard where she lived, and went to her house and waited till she came home, very tipsy, with another woman—the policeman who was with me found 3d. in halfpence in one hand, and a crown and half-crown and two more halfpence in the other.
WILLIAM FORD (police-constable B 186.) I went to the prisoner's house at eleven o'clock that night, and saw the prosecutor with the prisoner—but while I was on duty in Cottage-street, I heard the prisoner say to the other woman, "You say I can't get enough to support myself; but I have got some now"—I then went round my beat, and came down opposite the cottages where the prisoner was living—the prosecutor was near the door—he said to her, "You are the person I want; you robbed me of 10s.; I shall give you into custody"—I found 3d. in her right hand, and a five-shilling piece, a half-crown, and two halfpence in the other hand.
WILLIAM BUTCHER . I am waiter at the public-house—I saw the money put down, the landlord came in, and said he would not allow a bet, it being Sunday evening—the prisoner came round, and took the money off the table and went out with it—she was not drinking with the prosecutor—we thought she only took it in a joke.
Prisoner's Defence. I have known the prosecutor fourteen years—as he went in he said, "How do you do, Poll?"—I said "Tim, how are you?"—we sat there some time—three coalheavers came in—one of them said, "I will bet you three sovereigns that I have the sharpest dog;" and
this man said, "I will bet you 10s. that I have got the sharpest dog"—I took up the 10s., but was three-quarters of an hour before I left the house. He never asked me for it; he knew me well.
NOT GUILTY .
735. THOMAS STEVENS was indicted for stealing, on the 4th of February, 1 watch, value 2l.; 1 watch-chain, value 6d.; 1 seal, value 6d.; 1 watch-key, value 1s.; 2 handkerchiefs, value 5s.; and 1 three-penny-piece; the property of James Price.
ELIZABETH PRICE . I am wife of James Price, a labourer, living at Isleworth. I had a watch, chain, seal, key, two handkerchiefs, and a three-penny-piece—I saw them all safe on Tuesday, the 4th of February, a little before seven o'clock in the morning—I have lost them all—I have known the prisoner a great many years—I employed him just before seven o'clock that morning to move some potatoes out of the cellar, and before that I went up and moved my husband's watch into the middle drawer of the looking-glass, as the prisoner had to pass the bed-room—he remained there till twelve o'clock that day.
THOMAS TULL (police-constable F 22.) I received information, and went and found the watch covered up in some hay seed in a little unoccupied house, near where the property was lost; it was wrapped up in the handkerchief—I met the prisoner in going cross Sion-park—he said, "It will give me a month at the cook's shop," meaning the House of Correction.
JAMES HOLLIMAN (police-constable I 149.) I took the prisoner—I met him, and said, "You are my prisoner"—he said, "I will go with you"—in going, he said, "Who sent you for me, Mother Price?"—I said, "How came you to think Mother Price sent me for you?"—he said, "I have been at work for her, and I thought she might have lost something"—I took him to Mrs. Price—she said, "You could not have come through my room, you went through the cellar window"—he said, "I did, and through the alley."
GUILTY .† Aged 21.— Transported for Seven Years.
ALFRED DAVEY . I am steward of the Theresa, in the London Docks—the prisoner has been employed there some time—we had some cases of earthenware on board, at the beginning of the last voyage—they are still on deck—I believe these articles to be the property of the master, Walter Young—(examining them)—I cannot tell whether they were in the cases, or out loose.
GEORGE TROTTER . I am a constable of the dock. At half-past four o'clock, on the 4th of February, the prisoner was coming out with some bundles of wood—I said, "What have you got under the wood?"—he said, "Two plates"—I found these plates, and these two cups—I sent for the steward—he said the cases had been opened for some time, and he had missed things.
Prisoner's Defence. I was on board the ship, and put my hand on the shelf—I saw the two plates—I thought they were pretty, and I took them
—I found the two cups, and put them under my arm, I was stopped at the gate in coming out.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined One Month.
ABRAHAM BUHRER . I am a glass dealer, living in Skinner-street, Snow-hill. On the 4th of February, at half-past nine o'clock, I was in Holborn, and felt a tug at my pocket—I turned, and saw this man run away—I felt my pocket was empty—he ran faster, when I called "Stop thief"—he ran as far as Gray's-inn-lane, and the constable stopped him—this is my handkerchief—(looking at it)—he is the man I saw near me, and the one that ran away.
Prisoner. I picked it up. Witness. He was the only man that was running—I followed him till near the time he was taken—I had felt it safe not a minute before, and I had not dropped it.
Prisoners Defence. I picked it up as I was coming down Holborn, and put it into my pocket two minutes before I heard a cry of "Stop thief," and then I ran foolish-like.
GUILTY . Aged 18.— Confined Three Months.
CAROLINE GOULDSBOROUGH . I am a servant out of place, living with my parents, in Brown-street, Bryanston-square. The prisoner was horse-keeper to my father—these sovereigns were my wages, and they were in a purse in my box—I saw it safe at eight o'clock on the morning of the 30th of December, and missed it at seven o'clock in the evening—the box was unlocked—the prisoner lodged in the next room—I saw him down stairs at ten o'clock that day.
MARIA GOULDSBOROUGH . I was at home that day—the prisoner got up at eight o'clock, and at ten o'clock I saw him take his shoes off and go up stairs—he stopped about twenty minutes, and came down with his shoes, went out, and did not return till the evening, when be came home in a cab with two loose characters—I said, "What is the reason you don't attend to your business better?"—the next morning I went to him, and he said he had found a sovereign and a half in the omnibus—he was locked up, and was brought up the following Wednesday—he said he was the man that took the three sovereigns from the girl's purse, and left 7s.
Prisoner. You said, "Tell the truth," and I said, "I own to the sovereign and the half which I found, but no more; if I said more, I should tell a falsity"—at last the policeman said, "You must not talk to him."
COURT (reading the depositions.) The prisoner says, "I am guilty; I saw a little bag lying on the top of the box, with three sovereigns and some silver in it; I took the three sovereigns."
GUILTY . Aged 35.— Confined Six Months.
739. MARGARET CARR was indicted for stealing, on the 3rd of February, 3 1/2lbs. weight of bacon, value 1s. 9d.; 1 key-ring, value 2d.; and 2 keys, value 4s. 10d.; the goods of Benjamin Bright, her master.
BENJAMIN BRIGHT . I keep the White Hart public-house, in Welbeck-street. The prisoner was my servant—I had lost the key of my bar, and found some brandy in the kitchen—I sent for a policeman—I called the prisoner and two pot-boys, and said I had lost the key of my bar—we went to the prisoner's room, and found, a small bunch of keys and the key of my cash-box, which I had lost for a week, and on still searching, we found the bacon between the sacking and the bed—she said she recollected my asking for the keys, but she forgot to give them to me; that she took the bacon because her stomach was not very well, and she meant to take a slice of a morning.
Cross-examined by MR. PRENDERGAST. Q. You had not lost any-thing out of the cash-box? A. No—I have found the key of the bar on the ledge of the stair-case since she has been in custody—I have found a great deal of things in the cellar—she had been in my service about a fortnight.
JAMES CLOWTING (police-constable D 156.) I was present when these two keys, and the bunch, and the bacon were found—the prisoner said her stomach swas bad, she could not eat bread and butter; she liked a rasher for her breakfast.
GUILTY . Aged 25. Confined Four Months.
OLD COURT.—Monday, February 10th, 1840.
Third Jury, before Mr. Recorder.
MESSRS. PHILLIPS and BODKIN conducted the Prosecution.
WILLIAM PATRICK M'COWAIL . I am a clerk at the Cosmorama, in Regent-street, and live in Alfred-place, Bedford-square. On the 25th of September, 1889, I saw this advertisement in the "Morning Herald"—(reads)—"Situation of 200l. a-year, besides rent, coals, and candles, may be obtained by any respectable man who can write a good hand, keep accounts, and refer to two respectable housekeepers as to honesty and sober habits. None need apply who cannot command 50l. Address, post paid, to Mr. James Barlow, 23, Alfred-street, Bedford-square, with right name and address."—In consequence of that advertisement I went to the address referred to on the same day—I found the name of Barlow on the door—I was introduced to the prisoner Shelford as the advertiser—he was in the first-floor front-room, alone, and I went alone—(there were four or five persons waiting in the passage)—he had several papers and letters before him—I told him that I called respecting the situation—he asked me how I knew of it—I told him I had seen it in the paper that morning—he asked which paper—I told him in the "Morning Herald"—he asked what was my situation in life—I told him that I was a clerk in the service of a gentleman in Regent-street—he said, "Well, you know the particulars of the advertisement; are you prepared with a sum of 50l.?"—I told him I could be—he said, "The situation is on a rail-road;
have you any objection to leave London?"—I told him that I had not—he said, "In this stage of the proceeding I shall not say at which rail-road, but it is one of the best in the country, and you may guess which"—he said, "Now, don't deceive yourself and me; have you the sum of 50l. at your command, or shall you have to go from friend to friend to raise it? that will not do; you are aware that in these cases the utmost secrecy is requisite; you ought not even to tell your own wife; a man may be a friend to-day and your enemy to-morrow"—I told him that I could be prepared with 50l. by a given time, if I was satisfied that he could obtain me the situation—he said that he had the influence of a director, whose turn it was to nominate to an appointment, and the person that he recommended would have the situation—he said, "If I select you, the transaction will be between you and me"—he said that I should have to receive the money paid by the passengers, and to forward it to London—he said he had several applications for the situation, and if he selected me, I should hear from him on the following Saturday—I then left the house—he was dressed in a black frock coat, a double-breasted waistcoat, black trowsers, a black curly wig, no whiskers, and a white cravat—I saw him again on the following Saturday, between eleven and twelve o'clock, at my own house—he called on me—he was dressed as before—he said, "I am happy, sir, to say I have obtained the appointment for you, and in fact, I should have had the appointment made out for you, but you forgot to give me your Christian names in full, and also the name of the parish you reside in"—I wrote down those particulars, and gave them to him—he then asked me if I was prepared with the money—I told him that I had it in the house, but I expected, before I paid it to him, that he would introduce me to the secretary or the board of directors—he said, "Sir, if you have any doubt of me, matters are at an end between us, and I can fill up the situation not a hundred yards from this house; you are not aware how these matters are managed; if a man obtains a situation under government, he does not see the party who introduces him to it; and the same in the India House, except that there a man is sworn to the performance of certain duties"—he said, "What more satisfaction can you have? I will give you a printed document, headed by the name of the rail-road, and under Act of Parliament; it will be filled up with your name, and the particulars of the situation, signed by four directors, and countersigned by an eminent banker; I don't want to touch a farthing of your money till I give you the appointment"—he was to bring it to me on the following Monday, which he did, about half-past nine o'clock in the morning—my wife was then in the room—he said, "I am happy, sir, to say that I have your appointment, are you prepared with the money?"—I said I was, and be gave the appointment into my hands—this is it—(looking at it)—he said it was on the Birmingham railway—after I had read it I said, "It seems all right, I will go and get you the money"—I left the room, and returned with a 50l. note—I opened the note, and said, "Here is a 50l. note," and gave it into his bands—he then said, "Your station will be at Birmingham—there will be another clerk with you—your regular duty will be six hours a day each, but by one doing duty for the other, you may be absent at any time"—he then asked me when I should be prepared to commence duty—I told him that day week, the following Monday—he said he would meet me on the following morning at the Euston-square station, that he would introduce me to the secretary,
and go with me to my station at Birmingham—my wife asked if the might accompany us—he said, yes, it was an understood thing that the servants of the Company could travel on the rail-road free of expense—he then left with my 50l. note, and left me this paper—(Thomas Phillips, a clerk in the Bank of England, here produced a 50l. note)—that is the note I gave the prisoner—I parted with it in consequence of bis giving me that appoint ment to the situation—I believed that it was a genuine one, and believed his representations to be true—I went the same day to the Euston-square station, and made inquiries—I saw the chief clerk—I also went the following day, but did not see Shelford—I had no idea of meeting him, from what I had learnt there—I did not see him again till the 6th of December, when I gave him into custody, in Holborn—his hair was then something the same as it is now—he had no wig on, and he wore whiskers—he was taken before the Magistrate, and remanded, several times—I gave notice to the Bank respecting the 50l. note the same day that I paid it, and on Friday, the 4th of October, I received a communication from the Bank, which led me to the house of Holland, a cheesemonger, in Drury-lane—I made inquiries of him, in consequence of which I went with Shaw and Thornton, the officers, to the house of the prisoner Rickaby, on Saturday, the 5th of October, at No. 1, Bridgehouse-place, Newington-causeway—it is a broker's shop—the name of Rickards was on the side of the house—we found Rickaby there, and asked him how he became possessed of a 50l. note that he had changed at Mr. Holland's, in Drury-lane—he said that he was standing at his door last Monday afternoon, about three o'clock, (that would be Monday, the 80th of September, the day on which I parted with the note;) that a tall thin man came up to him, who was a stranger to him, and asked him if he could give him change for a 50l. note—Rickaby said that he told him he could not; that the man then said to Rickaby, "You know Mr. Gullen, do you not? he owes you 2l., does he not?" he said he did; the man said, "Well, I have called to pay those 2l., if you will give me change for a 50l. note"—Rickaby said that he took the note from the man's hands, examined it, looked at the water-mark, and thought it was a good one—he then asked us if it was a forgery—we gave him no answer—we asked him again to describe the man, and he said it was a stout man, with a pale face, black hair, and no whiskers—he repeated two or three times the fact of his having no whiskers—we then asked him how he was dressed—he said he had a black frock-coat, a double-breasted waistcoat, black trowsers, and, he thought, a black cravat—we asked him if he went to any of his neighbours to try to get the change—he said he did not; that he told the man he would go to the Bank to get it changed; that the man objected to that, and said he was going westward; he told the man he was going that way also, and he would get him the change—he said the man went with him to Waterloo-bridge, and that he (Rickaby) went to Holland's, in Drury-lane, to purchase some goods, and got change there—we asked him if he then came back to Waterloo-bridge to give the man the change—he said he did not, because the man went with him to Holland's, and he gave him the change in the street—we asked him how he gave him the change, if in gold or notes—he said, in gold and notes—we asked him if he knew the numbers of the notes—he said he did not—we asked him if there were any fives or tens, or was one of them a 20l. note—he said, "I gave him twenty-eight sovereigns and a 20l. note"—we asked him if he knew the number of that note—he said he did not—we asked him if he
knew Mr. Gullen well—he said, "Very well—we asked what he was—he said that he was a solicitor; that he was living at Sunbury; that he had had several transactions with him in the way of business—we asked him what the 2l. was owing for—he said, for business done for Mr. Gullen—we asked him for what specific business, and he said, "For a valuation"—we asked him when the valuation was made—he said, about eight months back—we asked him if he had given the strange man any acknowledgment for the 2l. he had paid on account of Mr. Gullen—he said he had not—we asked him what day it was that he changed the note, if he was positive it was on the Monday, and He said he was—we asked him what goods he had purchased at Holland's—he said he could not say exactly, but they were articles in cheesemongery—we asked him if he could not name any particular article—he said be could not—we asked if he could say to what amount the goods were—he said he could not—we asked him again if he knew Mr. Gullen well—he said, "Very well," that he was living at Sunbury—I asked him, "Do you say Sunbury or Sudbury?"—he said, "Sunbury, in Middlesex"—I took out my pencil, he spelt the name and address letter by letter, and I took it down, and also wrote his name under it—we asked what address the man had given with the note—he said, "John Brown, No. 22, Grafton-street"—he asked us if we did not see that address on the note—we told him we did—we then left the house, but without losing sight of the shop-front where we had been talking—we went about two or three hundred yards from the house, and from something which occurred to us we went back again—Rickaby was not then at home—there is a side-door to his house which leads into an adjoining street, and he might have gone out that way—on finding he was not there, we went to the nearest coo-stand, took a cab, and went at a good pace to Holland's, in Drury-lane, where we found Rickaby, in conversation with Holland—Rickaby said that Holland was his brother-in-law—we asked Holland, in Rickaby's presence, how he gave the change to Rickaby—he said, "In gold and notes"—Rickaby said, "You gave me twenty-eight sovereigns and a 20l. note, did you not, Mr. Holland?"—Holland said, "Yes, I did"—we then asked Rickaby what goods he had purchased at Mr. Holland's when he got the change—he said "Half a side of bacon, a Dutch cheese, six pounds of butter, and some eggs; did I not, Mr. Holland?" and Holland said, "You did"—Rickaby then left the shop, and we followed him to an adjoining street—we then entered into conversation again, and Rickaby said, "I do not know who you are, gents., or on what authority you are asking me these questions" Thornton then told him that he was a constable, showed him his staff, and explained to him that 1 bad been defrauded of 50l., and that that was the 50l. note that had been traced to him—he said, "Now that I know there is something wrong, if I can meet with the man I will give him into custody, so help me G—d!"—he then asked Thornton for his address, which be gave him—we hen went to a public-house, and had something to drink, which I paid for—we again asked him if he knew Mr. Gullen well, and Shaw wrote down Gullen's name and address from his spelling—we then parted from him—I saw Rickaby two or three times afterwards, previous to the 6th of December last, but nothing passed between us.
Cross-examined by MR. PRENDERGAST. Q. You were on the look-out for a situation, were you? A. Yes—I have a very good place at the Cosmo-rama, but it is of an uncertain nature—I am only engaged from month to
month—I have 5l. a month—I have a little property of my own—I never applied for any place before this, nor offered a douceur of 50l.—according to the advertisement, application was to be made by letter—I did not send any letter—I mentioned the advertisement when I saw Shelford—I said I called respecting the situation, and in answer to his question, where I saw it, I said, in the paper of that day—he either asked where I saw it, or how I knew of it—I give the words as near as I can—I think his question was, how did I know of it—that is the substance—I give the substance as near as I can, from notes which I made immediately after the occurrence—I have the notes here—I made them after each day's occurrence, as soon as I found I was defrauded, which was on the Monday I paid the note—I did not put down the particulars of the conversation, till the Monday—I put them down as near as I could recollect—I am not much versed in business—I received a good education—I was in no profession before I was at the Cosmorama—that was the first permanent situation I was in—I was there five or six years—I was three months in the office of Johnson and Co., Bush-lane—I left there on account of ill health—I accepted the situation at the Cosmorama, because it was easy, and I was not in good health—I did not ask Shelford if he put the advertisement in the "Morning Herald," nor did he tell me that he did—I bad not got the paper with me—I have repeatedly looked at the notes which I took—I have not looked at them this morning, nor on the day I made my deposition before the Magistrate, nor the night before that—I was in the habit of looking at them day by day—not merely looking over the portion that concerned this day's occurrence, I have resorted to them when requisite—I have no objection to produce them, but having followed these men ten or twelve weeks, there are matters concerning other parties not in custody—I have no objection to show them.
COURT. Q. Have you kept your recollection alive by frequently referring to those notes since the facts happened? A. I have not referred to them for the purpose of refreshing my recollection, but for the purposes of business connected with this inquiry, for the notes I made one week probably bear on an inquiry I was making the following week—I referred to them because there were numbers and names, and facts in them connected with inquiries that I subsequently made—but I did not refer to them respecting the conversations with Shelford or Rickaby—I cannot point out any parts in my notes which exclusively relate to these men—even the note of my first interview with Shelford does not relate exclusively to him—(The witness handed in his notes to the Court.)
MR. PRENDERGAST. Q. Can you or not point out any particular part which records this conversation with Shelford? A. I do not think I could point out any part in which there may not be other parties mixed up—in the first page here is a point connected with a person not in custody—it is not a journal.
Q. Why, here is something about the Steinburg murder at Pentonville; you had nothing to do with that, had you? A. I had not—that refers to Shelford—he had a wax-work exhibition of the murder in the house where it was committed—I had nothing to do with it—I never went to see it.
Q. Where did you get this "Morning Herald" from, that you have produced here? A. I purchased it, I think in the week that I was defrauded—I am quite sure it was not before I went to him—I purchased it after I found I was defrauded—I have not got the paper here that I read
the advertisement in—Shelford was respectably dressed when I saw him in Alfred-street—I am sure he had no whiskers—he had a large black wig—I am sure it did not hide his whiskers—I am quite sure he bad none—the first time I saw him was on Wednesday, the 25th, between eleven and twelve o'clock, in Alfred-street—the second was on the following Saturday about the same time at my house, and the third on Monday at my house, between nine and ten o'clock—he stopped about a quarter of an hour or twenty minutes on the second and third occasions—I did not see him on the Sunday—my wife was present on the Monday—she is in Court now—on the last occasion I asked the prisoner his name—he said, "Mr. Barlow"—he did not give me a Christian name—I said to him, "Your name is Barlow," and he said, "It is"—our first interview lasted about twenty minutes—it was somewhere about that time on all three occasions—those were the only times I ever saw him until he was taken into custody—every time I saw him he had the same sort of wig, the same absence of whiskers, and the same dress—he seemed in good health and spoke very well, not at all as if affected by any complaint that I heard.
Cross-examined by MR. CLARKSON. Q. I think you said in the course of your conversation with Rickaby, he asked who the persons were he was talking with? A. He did—neither of us said, "It is no matter, we belong to the Bank"—nothing of the kind passed in my presence, nor did any one say to him in my hearing, "You can assist us if you like, and if you will you shall be rewarded"—I will swear that did not post in my presence—he said, "You know my name and address, and I think it only fair you should let me know who you are, or go with me to Mr. White, my solicitor, and then I shall have no objection to render you all the assistance in my power"—he also said if we would let him know who we were, and would indemnify him for any action for false imprisonment, he would give the person into custody as soon as he saw him—Thornton did not upon that say to me, "Don't tell him who you are, but I will give him my name and address, which is Thornton, policeman, 58, Red Lion-street, Holborn"—he did not say any thing of that kind—he gave him his address, but he did not tell me not to give mine—he did not say, "I will pledge my word you shall be handsomely rewarded, and any information you may give shall be kept a profound secret," nor any thing of that kind—Rickaby did not ask me to stand something to drink—he said nothing about drinking—I do not know who proposed going to the public-house, some one proposed it—when we were in the public-house he said to me, "I suppose, sir, we shall drink at your expense?" and I said, yes, if he pleased—we treated him as a person who could give us information—I never produced Shelford to him—this prosecution is not at my expense—I have never had any portion of my 50l. back—I do not seek to have it by this prosecution—I have not the slightest expectation of it.
MR. BODKIN. Q. Who is paying the expense of the prosecution for you? A. The London and Birmingham Railway Company.
RICHARD CREED . I am secretary to the London and Birmingham Railway Company—their London station is in Euston-square, and they have a station at Birmingham also. There are five directors of the London and, Birmingham Railway Company, of the names of Glyn, Calvert, Prevaux, Tooke, and Young—(looking at the paper given by Shelford to the prosecutor)—the first name I find here is G. P. Glynn, spelt with two n's—the name of Mr. Glyn, who is a director of the Company, is George Carr
Glyn, and his name is spelt with one n only—the name Calvert is spelt right—the next is Prevost instead of Prevaux—the next Took instead of Tooke—the next name is rightly spelt—we have five directors, whose names sound like these, hut the names of some are differently spelt—Mr. Glyn is not here, but I have seen him write repeatedly—I swear this signature is not his hand-writing—these are not his initials—it is G. P. Glynn instead of G. C. Glyn—this paper is altogether a fabricated document—we use no printed forms for the appointment of clerks in the Company's service, and this is headed, "Birmingham Railroad"—the Company to which I am secretary is The London and Birmingham Railway Company—there is no Birmingham railroad—we have no other director of the name of Glyn except the one I have named—I have no knowledge of the prisoner Shelford.
Cross-examined by MR. PRENDERGAST. Q. That document does not at all belong to your Company in any way whatever? A. It does not—the persons there named are directors of our Company—three of the names are correctly spelt—we have no G. P. Glynn—the chairman of our Company is George Carr Glyn—there is a director named Edmund Calvert, and his name is spelt as it is there, and two, named Prevaux and Tooke, but not spelt as they are—there is no railroad properly called the Birmingham railroad—if the term Birmingham railway was to be applied to any railway so constituted by Act of Parliament, it would be inaccurate—there is the Birmingham and Derby, the Gloucester and Birmingham, and others—the Liverpool and Birmingham is called the Grand Junction—there is the Manchester and Birmingham, but that is not formed—the Company is formed—there is no Birmingham Railway Company, to designated by Act of Parliament.
MR. BODKIN. Q. Is there any Birmingham railroad that has a station at Euston-square except your own? A. There is not—no one has authority to convey anybody down free of expense.
JOHN HAMILTON SHAW . I am in the employ of the "Morning Herald" newspaper. I have the manuscript of the advertisement in question, which was in the "Morning Herald" of the 25th of September—I took it in—I believe the prisoner Shelford to be the person who brought it—I had about ten minutes' conversation with him—I recognize his features—there is an appearance generally which corresponds, as far as I recollect—it is from that I form my belief.
Cross-examined by MR. PRENDERGAST. Q. His appearance corresponds? A. Yes, his features—I would not swear positively that he is the person, but I believe he is—I only feel sufficient doubt to prevent my swearing positively—to the best of my belief he is the person—there is very much the same sort of appearance—his whiskers were not so long then as they are now—to the best of my belief he had slight whiskers, but I did not look at him so closely—I do not think I have ever said that I thought he had no whiskers—I do not recollect whether I said he had or not—I may have said so, but I do not think I did—they were nothing like so large as they are now—it was on the 24th of September that he came—he had his hat on all the time, and I could not tell the colour of his hair—I see hundreds of persons in the office.
MR. PHILLIPS. Q. A man may put on false whiskers, I suppose, as well as a false wig? A. He may.
(Paper read.)—"Birmingham Railroad Station.—We, the under-named
Directors, chosen by a great body of the share-holders, in a full court, held on the twenty-fifth day of March, in the year of our Lord 1839, being in the third year of the reign of our Sovereign Lady the Queen, Defender of the Faith, of Great Britain and Ireland, empowered by act of Parliament to manage and direct all the affairs of the said Company, and also to appoint all persons as Clerks, Agents, or Servants, to fulfil any situation under the said Company, do appoint Mr. W. P. M'Cowell, of No. 6, Alfred-place, Bedfordsquare, in the parish of in the county of Middlesex, as clerk at the Birmingham station, at a salary of 200l. per annum, with rent, coals, and candles, so long as he the said Mr. W. P. M'Cowell shall be of good conduct. Given under our seals this 28th day of September, 1839.
"G. P. GLYNN, Lombard-street,
E. CALVERT, Upper Thames-street,
J. L. PROVOST, Cateaton-street,
"G. P. GLYNN, Esq., Chairman."
JAMES HOLLAND . I am a cheesemonger, and live at No. 107, Drury-lane. The prisoner Rickaby is my brother-in-law—I received this 50l. note from Rickaby, and put these initials, "J. H. & C. R." on it—I cannot say on what day I received it from him—I paid it to a person named Webb a day or two, or three days on the outside, after I received it, but I cannot say on what day—I recollect Mr. M'Cowell calling on me, about seven o'clock one evening—I should think it was three or four days, or possibly five, after I had received the note—Rickaby was with me at the time—I had paid the note away a day or two before that—I gave Rickaby a 20l. note and thirty sovereigns for it—I am sure of that—that was the full change—he purchased no articles at that time.
Cross-examined by MR. CLARKSON. Q. Had you been in the habit of supplying him with goods in your business? A. Yes, for years—I had supplied him with part of a side of bacon, a Dutch cheese, six pounds of butter, and some eggs, the same evening I changed the note, and he paid me for them—I cannot say whether it was Tuesday evening—I see the name" J. Brown, 22, Grafton-street," on this note—Rickaby has been in the habit of wearing a wig such as he has on now, ever since I have known him, which has been twenty years.
MR. PHILLIPS. Q. Then you have known him constantly, I suppose, for twenty years? A. Yes—I never knew him living in Cadogan-place—if he did live there I must have lost sight of him during that time—he is an auctioneer and appraiser—I saw no one with him when he changed the note—I gave him the full change, and he bought the things afterwards.
LOUISA RUFF . I am a widow, and am post-mistress of Sunbury, in Middlesex. I have managed the post-office there during my husband's life and since, from sixteen to seventeen years—I never heard of a person named Gullen, a solicitor, residing there during that time.
COURT. Q. Neither Gullen nor Cullen? A. No—I know of no other Sunbury in Middlesex except the one where I live.
JOHN BARLOW . I am a tailor, and live at No. 23, Alfred-street, Tottenham-court-road. The prisoner Shelford took furnished apartments in my house on the 24th of September last, and was to pay 16s. a week—he came on the 25th—when he took the apartments, he said he was a gentle-man concerned in the railways, and he should want to see gentlemen—he
did not sleep there—he was there Wednesday, Thursday, and Friday, and very little on Saturday, but he kept the apartments a week', and paid for them—after he had taken the lodging, as we were going down stairs, he said, "My name is similar to yours, what is your Christian name?"—I said, "John"—he said, "My name is James Barlow"—I have a brass plate on my door, with "Barlow" on it—gentlemen called to see him on business—I am positive he is the same person—he wore a black curly wig then, and had no whiskers that I noticed, or very trifling—he called on me on the Monday morning, and when he went out I watched him—he went into No. 6, Alfred-place, and I saw a person at the bottom of Alfred-street, who I believe to be the prisoner Rickaby, and I saw a cab at the opposite corner of Alfred-street in Alfred-place—I saw Shelford come out of No. 6, and speak to the person, I suppose to be Rickaby, at the bottom of Alfred-street—the cab-door was opened for them, but a conversation took place, and the cab-door was shut—they walked on, and the cab followed them down Alfred-place—they then got into the cab, and drove off—while Shelford was in No. 6, Rickaby stood at the corner of Alfred-place, about a hundred or a hundred and fifty yards from No. 6—this was between nine and ten o'clock in the morning—it was about nine o'clock when Shelford was at my house.
Cross-examined by MR. PRENDERGAST. Q. How many times did you have any conversation with the man who was at your house? A. Not many, about three or four times—I had a little conversation with him when he took the apartments—my wife and I both let the apartments—we were both together part of the time—I received the money—he did not engage the first time, he called a second time—I saw him on both occasions—I do not know that my wife has ever been insane—I never saw her so, nor ever considered her so—I never beard any thing of the kind—it is hot so—the first time I saw Shelford, he staid about twenty minutes or half-an-hour—on the other occasions it was merely "Good morning," "How do you do?" or something of that sort—I am always at home, except I am out on business in the middle of the day—Shelford called at my house on Sunday morning before ten o'clock, I think, but I am not positive as to the time—I do not think I saw him at all on Saturday—I did on Monday—I did not see him in the house, I met him in the street at the door—I do not believe he was in the house—he said, "Good morning, Mr. Barlow," and I said the same to him—that was all that passed—I was close to him at the time.
MR. PHILLIPS. Q. Have you the least doubt that Shelford is the man who took your lodgings? A. I am positive he is—he had no whiskers then.
ANN BARLOW . I live with my husband. I remember Shelford coming to lodge in our house in September last—he gave the name of Barlow—he came on the 24th, and continued till the Monday following—I did not see him for five minutes when he took the lodging, but my husband was with him a long time—I afterwards saw Shelford at the police-office—I said to him, "How do you do, namesake?"—he turned his head away—I said, "Won't you turn round and shake hands?" and he put his hand out—he did not make any answer.
Cross-examined by MR. PRENDERGAST. Q. You put out your hand to him, did you not? A. No—he was passing me, and I spoke to him to recognize him the more, before I took my oath that he was the man, as he
was so much disguised—he made me a very slight answer—I did not hear what it was—he put Out his hand to shake bands with me—I bad never shook hands with him while he was at our house—I did not think it would convict him if I got him to shake bands with me—I had no such thought.
MR. PHILLIPS. Q. Have you the least doubt he is the person? A. Not the slightest—he had no whiskers then.
JOHN GRIFFIN . I am clerk to a wine-merchant, and live in Bulstrode-street, Manchester-square. I went to No. 23, Alfred-street, in consequence of seeing this advertisement, and saw the prisoner Shelford there in the first-floor front-room—I believe it was No. 23, but I am not certain—I went to the place described in the advertisement, and spoke to him on the subject of the advertisement—he had a black wig on—I never saw him before that day—I saw him several times afterwards—I have not the slightest doubt he is the man.
Cross-examined by MR. PRENDERGAST. Q. Had be any whiskers? A. Not any—I believe it was on the 25th that I saw him—it was the day the advertisement came out.
CHARLES YOUNG . I live in Phillimore-place, Kensington. I went to No. 28, Alfred-street, in consequence of this advertisement, and saw the prisoner Shelford—I spoke to him on the subject of the advertisement—I also saw him at No. 13, Hampton-street, where I then lived—he had a black wig on, or a scratch, I should call it, and was perfectly clean in the face.
Cross-examined by MR. PRENDERGAST. Q. You mean he had no whiskers? A. He had not—he looked as different as could be about the head and whiskers from what he is now—I asked the Magistrate, at Hatton-garden, why he could not be dressed in the same manner, as I could have been more pointed—I did not mean that I could have been more positive of him, because I should not have taken my oath if I had not been positive of him, but I thought he was dressed as he is now, to deceive; he was so very different to what he was before—he had large whiskers when I saw him at the police-office, and his hair as it is now.
JOSEPH ALLEN . I am a commercial traveller, and live in Edmond-place, Aldersgate-street. On the 25th of September I saw the prisoner Shelford at No. 23, Alfred-street, and spoke to him on the subject of this advertisement—I went there in consequence of seeing it—he told me it was a situation on the rail-road—I staid with him about a quarter of an hour, chatting on the subject of this advertisement—he had a black wig on at that time.
Cross-examined by MR. PRENDERGAST. Q. Did you go once, or twice, to the house? A. I went on Wednesday, and again on Sunday about eleven o'clock in the morning, but he was not at home—I did not go again.
MR. PHILLIPS. Q. What did you go for on the Sunday? A. To ask him more about this.
ROBERT SLATER . I am living at present in Castle-street, Leicester-square, but I belong to Brighton. I went to a house in Alfred-street respecting this advertisement in the "Morning Herald," and saw the prisoner Shelford, who went by the name of J. Barlow—I talked to him on the subject of the advertisement—I was with him about ten minutes—his appearance was very different to what it is now—he wore a black wig, and had no whiskers.
Cross-examined by MR. PRENDERGAST. Q. Did you see Shelford on the Sunday? A. Yes, about eleven o'clock, at No. 14, Castle-street, where I reside.
FREDERICK SHAW . I am a policeman. I apprehended Shelford on the 6th of December, in Holborn, and went the same morning to No. 8, Union-court, Holborn, where I had seen Shelford come out of, and searched the house—I found some letters and papers—on the evening of the 13th of December I was with Thornton, at the corner of Southwark-bridge-place, Newington-causeway, and apprehended Rickaby by his own house—his house is a corner one, and we took him at the corner—I searched his house, and found these memorandums, this letter, and some duplicates—Thornton found some memorandums and duplicates, and three wigs, but only brought one away—I was with M'Cowell and Thornton at Rickaby's house, and heard the conversation between them—I also went to Holland's, and found Rickaby there with Holland—I also heard the conversation there—we went straight from Rickaby's to Holland's, in a cab.
Cross-examined by MR. PRENDERGAST. Q. When you saw Shelford come out of Union-court he was very much in the same state he is now, was he not? A. His whiskers were not so dark as they are now—he had not so much whiskers then as now—I should say he does not look just the same now as he did at the police-office—as far as I am able to judge, his appearance is very different—he was examined the day after he was apprehended.
Cross-examined by MR. CLARKSON. Q. Do you remember Rickaby asking who you were when you went up to him? A. I do—I was in plain clothes—neither of us answered, "It is no matter, we belong to the Bank"—I do not recollect any such observation—nothing was said at all about the Bank—Rickaby asked us at the first interview whether we belonged to the Bank, but I do not recollect that any answer was given to that question—there may have been some conversation passed which I do not recollect—it would be impossible for me to say it was not so—neither I nor Thornton said, "You can assist us if you like, and if you will you shall be rewarded"—he said, "You know my name and address, and I think it only fair you should let me know who you are, or accompany me to Mr. White, my attorney"—that was in answer to our asking him to go with us to the station-house to see a printed document that Mr. M'Cowell had received—he said, "No, I shall not go; if Mr. M'Cowell thinks proper to give me into custody I will go; but if you like to go with me to my solicitor, I will go with you there"—he might have said, if we would go with him to his solicitor, he would render us all the assistance he could—I do not recollect it—he said, if the prosecutor would let him know who he was, or indemnify him for any action for false imprisonment, if he saw the man he would give him into custody—Thornton, upon that, said, "You need not give him your address, I will give him mine," and he wrote it down for him—he did not say, "I pledge my word you shall be hand-somely rewarded if you will give us assistance, and any information you give shall be kept a profound secret"—nothing of that kind passed in my presence I am positive—I did not object to Mr. M'Cowell's giving his name—I think Thornton said it was not necessary for Mr. M'Cowell to give his address, but Rickaby said he had seen the man once since, and would Mr. M'Cowell hold him blameless if he gave him into custody, if he saw him again—that was the reason why Thornton gave him his address.
Q. Did not the party of whom you were one, express a desire to Rickaby to give what information he could, and then agree to adjourn to a public-house? A. While we were talking in the street Rickaby said, "It is not worth while to remain talking in the street, that every body may hear our business; there is a public-house close by, we will go there"—I am sure he was not told that, if he gave information, it would be kept a profound secret—the word "secret" was never made mention of, that I recollect—if it had been mentioned I should have recollected it—I am positive it was not—M'Cowell asked Rickaby what he would drink—I drank with them—we had a quartern of rum, and Rickaby had a bottle of gingerbeer—it was paid for by Mr. M'Cowell.
STEPHEN THORNTON (police-constable E 53.) I assisted in taking Shelford into custody—I also assisted in searching Rickaby's house, and produce these papers, which I found there—I accompanied M'Cowell and Shaw to Rickaby's house, and heard the conversation which took place between them—I then accompanied them to Holland's is a cab, and heard what took place there.
Cross-examined by MR. CLARKSON. Q. You did not tell Mr. M'Cowell not to give his name, did you? A. No, I do not believe I did—I should have recollected it if I had—Rickaby asked Mr. M'Cowell his name, but I do not believe I told him not to give it, nor did any one else—I have no doubt I did not—he asked me if we came from the Bank, and I said I did come from the Bank—I do not know whether any of us said if he could give information to assist us we would reward, him—I do not believe I did—I believe I said he could give us information if he liked, but not that if he did I would reward him—I swear I did not say that—he asked us to go with him to his attorney—I do not recollect his saying if we did he would give us all the information he could—we asked him to go to the station-house with us, and he referred us to Mr. White, his solicitor—he said, so help his G—d, he would give the man who gave him the note into custody if he saw him again, and said he had seen him once since—he said something about his being indemnified—I believe it was, but I am not positive, if he gave the man into custody, would Mr. M'Cowell take the responsibility—I do not know the exact reply Mr. M'Cowell made, but I think he said he would—I do not recollect saying to Mr. M'Cowell, "Don't tell him your name, I will tell him mine"—I gave him my name, but not in that way—I do not know that I told Mr. M'Cowell not to give his name, it is so long since—I will not be positive—I cannot recollect whether I did or not—I do not recollect saying if be would give us information we would reward him—I will not swear I did not—I may have said any information he gave would be kept a profound secret—I believe I did say so—I do not know whether I said it in Shaw's presence—he may or may not have heard it—I think he was by at the time—we went in plain clothes by order of the superintendent; but I showed Rickaby my staff.
WILLIAM CULL . I am a plumber and glazier, and live in the Strand. I know the prisoner Shelford—about the middle of September I had dealings with him for the house No. 8, Union-court, Holborn—he gave me a reference—I let the house to him—this is the agreement—(looking at it)—at that time he wore what appeared to me a black wig, with a very small grey whisker—the wig Rickaby has on now very much resembles it—it was a black wig like that.
Cross-examined by MR. PRENDERGAST. Q. Did you ever say or think any thing at all about the whiskers before to-day? A. Yes, I mentioned it to several persons—I named it to two or three of the witnesses at Hatton-garden, but not to the Magistrate—it was on the 21st of September that I let the house to Shelford—he took it in the name of Thomas Shelford.
(MESSRS. PRENDERGAST and CLARLSON, on the part of the defendants, here stated that they felt themselves unable to resist the evidence, and withdrew from the defence.)
SHELFORD— GUILTY . Aged 50.
RICKABY— GUILTY . Aged 41.
Confined Twelve Months, and Fined 50 l. each.
NEW COURT.—Monday, February 10th, 1840.
Fifth Jury, Before Mr. Common Sergeant.
741. SARAH BREWSTER was indicted for stealing, on the 7th of November, 3 wine-glasses, value 3s.; 2 bed-gowns, value 2s.; 4 towels, value 2s.; 1 frock, value 1d.; and 1 pair of ear-rings, value 2s.; the goods of Robert Hunter; to which she pleaded
GUILTY . Aged 26.— Confined One Month.
742. JOSEPH BRUCE, MICHAEL GLYNN , and JOHN OGAN were indicted for breaking and entering the dwelling-house of Patrick Callaghan, on the 4th of February, at St. George, Hanover-square, and stealing therein, 7 sheets, value 1l. 5s.; 2 candlesticks, value 3s.; 2 waist-coats, value 5s.; 1 petticoat, value 2s. 6d.; 4 spoons, value 3s.; and 2 blankets, value 1s.; the goods of the said Patrick Callaghan.
PATRICK CALLAGHAN . I am a labourer, living in Willow-walk, Vauxhall-bridge—it is my dwelling-house, and is in the parish of St. George, Hanover-square. I left my home at a quarter-past twelve o'clock on the 4th of February, and left my door locked—I returned about four o'clock in the afternoon—I found the door broken open, and the drawers and a crow-bar laid on the floor—I had been robbed of seven sheets and the other things stated, none of which have been found—Glynn worked for me before Christmas for a short time.
SAMUEL CHINCHER . I live in Old Rochester-row, Westminster. Between one and three o'clock on Tuesday, the 4th of February, I was in New Rochester-row—I saw these prisoners, and another boy, who is not in custody, going together, in the direction of the prosecutor's house.
WILLIAM JAMES COOK . (A prisoner.) I live at No. 4, Peter-street, Westminster—I have known the prisoners some time. On the 4th of February I saw Glynn in the fields at Westminster—he had under his jacket a waistcoat, made up, and a piece of waistcoating, not made up—Bruce had a flannel-petticoat, and the other boy, who is not caught, had four sheets in a basket—Ogan was looking for a policeman—(I had not been with them the first time they went to the prosecutor's house)—this was about two o'clock—they told me to go and look out for a policeman, they took the property to No. 1, Pear-street, and then they asked me to go with them—I said, "Yes," and we all went to the prosecutor's house—
Glynn took a sheet off the bed, and out of one of a drawer—I took one out, and put it in a basket—we took them to No. 1, Pear-street, which is a prostitutes' house—there were two brass candlesticks, four spoons, and a copper kettle, which they did not take away—they planted them under the wall—I do not know how they got in at the door—Glynn told me they broke it open with a crow-bar.
Glynn's Defence. I had nothing to do with it; I was at market at three o'clock, with my mother.
BRUCE— GUILTY . Aged 14.
GLYNN— GUILTY . Aged 16.
Transported for Ten Years.—Convict Ship.
OGAN— GUILTY . Aged 13.— Transported for Ten Years.—Isle of Wight.
HARRIETT MAYNARD . I am servant to Edward Coleman, who lives in Penny-fields, Poplar. On Monday evening last, about seven o'clock, three boys came outside the shop, one of whom was the prisoner—we beard one say, "There the is"—I went out of the room—the prisoner and another came into the shop, and wanted a knife—we showed them one at 1s.—that would not do—we showed them another two-bladed pocket-knife, that would not do, it was dirty—the prisoner then saw two others—he said one would do, and he took a Jew's-harp out of his pocket, and began to play on it—some boy outside called, "Your father wants you"—the prisoner said, "He don't"—the prisoner went to the door, and before we could get from behind the counter he was gone, and they had taken the knife with them—the prisoner had put it into the other boy's hand, and said, "You should look at a knife before you buy it,"
Prisoner. I did not know that a knife was lost—I have been in the shop several times since—the policeman took me, and the witness said I had not the same clothes on. Witness. He had the same clothes on, but a different handkerchief.
MART REED . I live with my lather, in Poplar. I was minding the prosecutor's shop, about seven o'clock that evening, and the boys passed—one said, "There she is;" and two of them came into the shop—I and the last witness went to serve them—they asked to look at a 1s. knife—they said it was not sharp enough to cut pens—I showed them three others, two eightpenny ones, and one sixpenny one—the sixpenny one they said they could swallow—the prisoner put a knife in the other boy's hand, and took out a Jew's-harp—he began to play on it, and then the boy outside said, "Your father wants you"—the prisoner said, "He don't"—he went to the door, and they both ran off—I could not catch them—the knife has not been found.
Prisoner's Defence. I did not know that there was any knife lost, I did not have it.
GUILTY .* Aged 14.— Transported for Seven Years.—Convict Ship.
MR. DOANE conducted the Prosecution.
JAMES PERCIVAL . I am a soap-maker, and live in Whitechapel-road. The prisoner was in my service sixteen or eighteen months—it was his duty to receive monies on my account, particularly when I was out—I possess some houses, called Percival-buildings—it was his duty to collect the rents,
hand the money to me, and enter it into the cash-book, and I was to sign it—he had no right to keep the money—he never accounted to me for 4l. 10s. from Mr. Nash in June, nor for 4l. 10s. he received in July or August, from Sarah Neale, or for 1l. 10s. in September, from a tenant named Allingham—I found no entry in the cash-book of these three sums.
Prisoner. Q. When was the first time you accused me of robbery to the amount of 20l. and odd? A. I cannot say—I had so much illness I hardly knew what was done, and you took advantage of me—I had the cash-book sometimes, when I found how you were going on—I never took it from you before, but from the way you behaved about the business and other things, I thought myself justified in taking it away from you, and I wrote for my son to come home, let the consequence be what it would, as I would not do it any longer; you were desired by my son to enter every thing in the green book, and you would not—you left the cart and goods at the door, and made all the men drunk, raised a mob round the door, and told me I ought to have a strait-jacket on.
COURT. Q. You have charged him with stealing these sums, 4l. 10s. in Jane, 4l. 10s. in July, and 1l. 10s. in September; had he the cash-book then? A. I cannot say, but he could have entered them in the rent-book—there is a regular rent-book, that is always at his command—these sums are not entered in it—my solicitor, was appointed to meet at my house at eight o'clock, to settle a little account of different creditors—there came a ring at the bell—the prisoner started up, and in an instant went to the door, and two of the tenants came in to pay up arrears of rent—he came in, and he neither acquainted me with it, nor any thing—he left the tenants in the dark in the office, while he ran to the public-house to get change, and he put the money into his pocket—when he came in again I asked who it was—he said it was the tenant who wanted to take the corner house—I said I should be much pleased, as he looked a respectable man, I should like to have him—this was on the 12th of September—he did not pay me the 1l. 10s.—he ought to have paid it me that night.
MR. DOANE. Q. When the cash-book was taken from him, it was his duty to post every thing in the green book? A. Yes—it is here—there is no entry of any of these sums in it—the cash-book was taken from him before my son came home.
Prisoner. Q. Did you ever know Mr. Brown or I enter any sums in the cash-book, with the exception of transactions that took place on Saturday, when we went out? A. If I gave you ten, twenty, or thirty pounds worth of goods, you were bound to enter them in the book, and to give me the cash—I gave directions to Mr. Brown and you to enter all monies—one day, when you were going out, and you wanted cash, I told you to go to Cole, a tenant, and receive rent—you told me that was received—I then took the cash-book, and looked at it, and my name was signed against it—I said it was a forgery—I received an account of its being paid by cheque, and I was satisfied—when I had the cash-book taken away from you, if I received money from you I made notes, and pinned them together, till my son came home.
Prisoner. I held my finger up to you, and said you were a wicked old man, and deserved to be well shaken, you would not speak to me after that, and any thing I wanted to know was through the servant—the monies were given to the servant, and taken into your room. Witness. It was not so; and as to the green book, my son desired that every transaction,
little or much, was to be entered in the green book—I used to write notes, as it would not speak to you—this 1l. 10s. was paid to you on the 12th of September.
ALBION ALLINGHAM . I am a tenant of the prosecutor. On the 12th of September I went to his house to pay the balance of rent—I saw the servant, and asked her if Mr. Percival was at home—she said yes, but he was engaged—I said, "Is Mr. Phillips at home?"—she said, "Yes"—she called him—he went to the counting-house, and I paid him 1l. 10s.—I had paid him 3l. before; he gave me a receipt.
Prisoner. Q. Did I not give you a receipt for 30s. at first? A. No 4l. 10s.—you had received 3l. before.
Prisoner. Q. You recollect the time Mr. Percival and I fell out? A. No, I do not—I used to take letters and notes from you to him in the parlour, and from him to you—I do not recollect any sums of moneys—I have seen some put on the chair, wrapped up in paper—I found no money of Mr. Percival's concealed in the parlour—he accused me of robbery once—he missed a sovereign, but he could not swear I had taken it—I told him I had not, I would clear myself, and then he said he would believe my word.
MR. DOANE. Q. Are you still in his service? A. Yes—the prisoner did not give me 4l. 10s. in June, nor 4l. 10s. in July, nor ever gave me 1l. 10s.
JURY. Q. When you took papers and money to Mr. Percival, did he ever give you a receipt to take back to Phillips? A. No.
CHARLES PERCIVAL . I am the prosecutor's son. It was the prisoner's duty, when my father was out of the way, to account to me for monies received—I was at home on the 22nd of June—if the prisoner received 4l. 10s. from Nash on that day, he did not pay it to me then or since—he ought to have given it to me—he settled an account that evening with me—there is no entry of it in the cash-book, or the green book—he has not accounted to me for 4l. 10s. from Neale between the 15th of July and August—there is no entry in the books—I was at home then—I was on a journey on the 12th of September—he has not given me 1l. 10s. from Allingham—this cash-book was in his possession then—there are several entries, but not of that 1l. 10s.—he must have had possession of the cash-book up to the 16th of September—he had it between the 15th of July and the 6th of August—here is my signature on the 22nd of July—he was with me that evening, and gave me no notice of the 4l. 10s., and there is no entry of that.
Prisoner. Q. Where did you find the cash-book when you returned from the country? A. In possession of my father—that was on the 27th of October—it was not taken away by my father till the 16th of September—here is the entry of that day in your writing—on the 12th of September my father wrote word to me that there was a deficiency of 30s.—I
am sure my father has entrusted you with as little money as he could help since he was aware of the robbery of 30s.
COURT. Q. He says he was in the habit of sending money and papers to your father by the maid, can you find any such as this? A. None of them related to rent—I think there is one of 6l., which my father admitted receiving, which sum ought to have been entered in the cash-book.
Prisoner. Q. You said a person of the name of Revel was present when one of these sums were paid, have you subpoenaed him? A. I heard you wanted him—I went down on Saturday night to tell him to come up—I supposed he was present—I left my father last January, I had some words with him—he said he thought it was very strange I could not get some bad debts in—I wrote to him, and the prisoner concealed the letter—I begged my father to write to all the defaulters, to know if I had received the money, and not accounted for it—I can find nothing in the ledger to tax you with—we have above 700 names in it—I cannot tell, till I go my journeys, what you have done—there are many other charges we could have charged you with.
Prisoner. If it had not been for holding up my finger to the prosecutor, this would not have happened—I kept the accounts very regularly—I took Allingham's 30s., which I put down on a chair either that night or next morning—he had it.
GUILTY . Aged 41.— Confined One Year.
(There was another indictment against the prisoner.)
GUILTY . Aged 47.— Confined One Year in the Penitentiary.
(There was another indictment against the prisoner.)
HENRY RICE . I live in Goswell-road, and am a cheesemonger. On Saturday, the 4th of January, the prisoner came to my shop—she said she wanted a loin of pork for Mr. Smith—I deal with Mr. George Smith, of No. 5, Owen's-row, and believing she was sent by him for it, I gave it to her—I should not have let her had it if I had not believed she came from him.
GEORGE SMITH . I live in Owen's-row, and am a surgical instrument maker. The prisoner had lived servant with me, but not on the 4th of January—I did not send her on the 4th of January to Mr. Rice for any pork—I did not authorise or permit her to go for any—I did not receive any—I deal with Mr. Rice.
ANDREW LAURIE . I live in St. John-street. On the 3rd of January the prisoner came to my shop, and asked for a shilling's worth of biscuits for Mr. Smith, 5, Owen's-row—I gave them to her for him—I should not have given them to her if she had not said she came from him.
Prisoner's Defence. I was led to do it by a woman who had a large family of children.
GUILTY Aged 17.—Recommended to mercy by the Jury.— Judgment Respited.
GUILTY . Aged 26.— Judgment Respited.
Before Mr. Recorder.
PHILIP HIBBLE . I live at Mayland Point, Stratford. I have some work in Francis-street—I had a saw there—I worked with it on the 8th of January, and left it there, at four o'clock in the afternoon, for a quarter of an hour—I went to a public-house, and saw the prisoner there—he left the room directly I came in, and was absent five or ten minutes—next day, when I went to work, I missed my taw, not having wanted it before—I found the prisoner at the Half Moon public-house, West Ham, and gave him into custody.
JOSEPH LAMPRELL . I am headborough of Stratford. The prisoner was given into my custody on Saturday, the 11th—I told him he was charged with stealing Philip Hibble's saw, and asked what he had done with it; had he pawned it or sold it—he said he had pawned it at Bow, and would take me there—he took me to Cheese's, where I found it—he said he took it from distress—I found seven duplicates on him, three of them for stolen goods.
Prisoner. I did not tell him where it was pawned; he told me where it was, and what it was pawned for. Witness. He was discharged the same night as the saw was found—the servant who took it in is not here—I got the saw from Cheese in the prisoner's presence, and in the presence of the man who took it in, but on Monday the shopman had left Cheese—I did not find the duplicate of the saw on the prisoner—he said he had buried it in the ground, but he did not know where—the shopman said, in the prisoner's hearing, that he was the man that pawned it, and he made no reply.
(Property produced and sworn to.)
GUILTY .* Aged 20.— Confined Six Months.
(There was another indictment against the prisoner.)
Before Mr. Common Sergeant.
GUILTY . Aged 15.— Confined Three Months.
Before Mr. Recorder.
service about eighteen months—I had reason to suspect my store-cupboard was robbed from time to time, and suspected the servants—I purchased half a pound of tea and four pounds of sugar, marked them, and put them into the cupboard, taking care that the articles for use were taken from another part of the house—I adopted that means of ascertaining that the cupboard was opened every night from Monday until Sunday morning—I subsequently found part of the articles marked in the possession of the prisoner—I marked the black tea by putting with it a small portion of a particular green tea, which could not be taken for mixed tea; and also got some small bits of lead, which were cut into chips and put into the canister—we had lost the key of the closet about six months before—on calling in a policeman, on Sunday morning, the 2nd of February, and charging the prisoner with the theft, she denied it with great firmness, and never departed from the denial—the policeman went into the kitchen, and found a tea-caddy with about two ounces of tea in it—he asked the prisoner if it was her tea—she claimed it—it was compared with the tea taken from the cupboard by myself, and agreed with it, having the peculiar sort of green tea and some pieces of lead mixed with it—out of twelve ounces, five and a half ounces were taken—it was stated to me, in the presence of the prisoner, that she had retired for a particular purpose—my wife apprehended that occasion had been used to get rid of the key, and the policeman found the key that had been missing for six months on the top of the soil.
Cross-examined by MR. BALLANTINE. Q. I believe in addition to the prisoner, you had a servant named Maria? A. We had—I have no doubt the prisoner and her were using the same caddy—if Maria put the tea in, the prisoner might call it hers—Maria was found to have possessed herself of the key—I cannot separate one servant from the other—we have discharged Maria.
COURT. Q. Had any body the opportunity of depositing the key in the privy, besides the prisoner? A. Unless Maria adopted the same mode of retreat from the house—both were under accusation at the same time—they were both of them, part of the time with their mistress, and each had the opportunity of depositing it there.
JOHN GLASSCOCK (police-constable R 25.) On Sunday, the 2nd of Febbruary, I was called into the prosecutor's house—he gave the prisoner into my custody—she went with her mistress to be searched, and shortly after I went to the privy, and found a key, which I produce, on the top of the soil—I asked the prisoner if she knew that key—she said, "Yes," and she was very sorry for it, she was very sorry she had not told the truth, for she thought then her master would forgive her—I took her to the station-house—I saw the prosecutor take some tea from a caddy, which the prisoner claimed, and some from a canister in the store-room—they both appeared the same mixture—I found particles of lead and green tea among both.
MR. BALLANTINE to MR. HATNOLL. Q. Had the prisoner not a good character? A. She must have had from the care which is used in receiving servants at our house—I should have given her the highest possible character before this—Maria was not prosecuted—I believe she had made some statement to her mistress which I could not give in evidence—I do not recollect the prisoner saying she thought her mistress would forgive her—both servants had access to the keys of the cupboard—I do not allow my servants tea and sugar.
NOT GUILTY .
751. ISAAC PERRY and THOMAS ANTHONY BURT, alias Thomas Anthony , were indicted for feloniously breaking and entering a building within the curtilage of the dwelling-house of Thomas Henry Whitmarsh, at Lewisham, on the 9th of January, and stealing therein, 6 shifts, value 2l.; 6 shirts, value 3l.; 4 bed-gowns, value 1l.; 1 shawl, value 1s.; 3 pairs of drawers, value 3s.; 1 pair of socks, value 6d.; 5 pairs of stockings, value 3s.; 2 aprons, value 2s.; 2 table-covers, value 4s.; 1 pillowcase, value 2s.; 1 towel, value 6d.; the goods of Thomas Henry Whitmarsh: and 4 shirts, value 2l.; and 1 waistcoat, value 5s.; the goods of Thomas Whitmarsh.
MR. CLARKSON conducted the Prosecution.
ESTHER GREEN . I am housekeeper at the Green Man public-house, Blackheath, in the parish of Lewisham, which is kept by Thomas Henry Whitmarsh. On Thursday afternoon, the 9th of January, I was in the laundry, which is in the garden—I cannot get to it from the dwelling-house without going into the open air—it is partly under the ball-room—after passing the great entrance of the house, there is a paling, which goes entirely round the premises, enclosing the whole building, till you come to Dartmouth-road and round to the great entrance again—the laundry-door opens into a small yard and you go out of that yard into the garden—a man could get over the paling I should think—the yard is in the garden, only separated by a gate—the fence goes all round the garden—my master's and mistress's linen, and some shirts, and waistcoats, and a bag, belonging to Mr. Thomas Whitmarsh, who is the father of Thomas Henry Whitmarsh, was in the laundry that afternoon—it was there to air—the policeman has since produced a bundle to me containing these articles—tome were marked in full, and some in initials—I left the laundry between four and five o'clock.
Cross-examined by MR. BALLANTINE. Q. Do you know any thing about the parish the house is in? A. I know very little about the parish—I believe it is called the parish of Lewisham—I always understood so—the laundry is attached to the house—I go through the scullery to it, and through the yard—the brick wall of the laundry and kitchen join, but there is no entrance from the house to the laundry, nor any covered way—I should think the laundry has been added since the kitchen was built—Mr. Thomas Whitmarsh has retired from the business—he kept the house till within these nine months.
THOMAS HENRY WHITMARSH . I am the owner of the Green Man public-house, and have been so wholly since May 1839. My father's name is Thomas—he does not reside with me, and is not a partner at all—it is in the parish of Lewisham—the laundry is under the ball-room and is part of the building—there is no access to it but going through the garden and yard—the laundry-door opens into a small yard close to the scullery—this yard is enclosed, and the garden is enclosed by pales six or seven feet high.
Cross-examined. Q. Does the floor of the ball-room form the ceiling of the laundry? A. Yes—it is not disconnected from it, except that there is no doorway—Burt was in my father's service three or four years ago.
ELIZABETH FULLER . I am laundry-maid at the Green Man public-house. On Thursday afternoon, the 9th of January, I was in the laundry till half-past six o'clock—there is a window to the laundry—one of the
panes of glass was broken—I secured the window when I left it by a hasp which kept it close—the hasp is about half-way up the window—it is only one sash—it opens inward on a catch with a hasp—the broken pane was not in the sash, but just under the hasp—it is a large window, which goes nearly all round the laundry, but the part which opens is about four panes—I saw the window next morning, Friday—the broken pane was not broken more than before—the opening on Thursday was large enough to admit the hand of a man who could then reach the hasp and open the window—a part of the window had been mended with wood—I found that broken much more in the morning—it is part of the frame-work; where it opens was broken, it had been repaired, and next morning it was found broken much worse—a piece of wood had been placed there instead of glass—one of the panes in the sash which opened was wood, and the other three were glass—the wooden pane had been broken partly out close by the hasp—the sash could be opened by putting a hand through the pane which was broken underneath—I do not think he could do it by putting his hand through the broken wood—the window could not be opened from outside without lifting the hasp.
Cross-examined. Q. How high was the broken pane from the ground? A. I should think six or seven feet—I could not reach it myself by standing on the ground—none of the under panes of glass were broken—I never knew the window come open after I had fastened it—I usually fasten it every day—it is my ordinary habit to fasten the window—I never forgot it—I looked round the laundry that night to see that It was all safe, and recollect it was fastened—I looked to see that the hasp was fastened—I had opened it in the day time—I shut it about four o'clock in the evening—I looked round to see that all was safe at half-past six o'clock—I had a light—I did not get on a stool—I could see it as I stood on the floor—it goes into a little hole—the hasp hangs to the window, and I could see the hasp was not hanging down.
MR. CLARKSON. Q. When you fastened the window, how did you get out? A. At the door—I locked the door, and took the key in-doors.
COURT. Q. When the window is open, is there room for a person to get through? A. Yes, quite—I found the hasp undone next morning, and the window open—the policeman and the porter had been there before me—the door and window were the only ways a person could get in—it was a very small pane that was broken, about the size of my hand, but the window which opens has larger panes—no person could have got in without moving the hasp, which I left safe overnight.
GEORGE COCKETT . I am porter to Mr. Whitmarsh, and have been so tome years. Burt was in the elder Mr. Whitmarsh's service, as under-waiter, between three and four years, and lived in the house—I lived there at that time, between four and five months—it is my business to go round the premises at night and see them safe—I did so on Thursday, the 9th of January, a little before nine o'clock the laundry was all close and safe.
Cross-examined. Q. Had you a lantern with you? A. No—there was sufficient light for me to see every thing was quite safe—the window was not ajar—I was close to it, reached it with my hand, felt it, and satisfied myself that it was shut quite close.
COURT. Q. You did not push it to see whether the hasp was firm or not? A. I know it was quite closed.
morning, the 10th of January, in the neighbourhood of Dartmouth-terrace, which is in the road coming from the Green Man public-house, about half-past two o'clock in the morning—I met the two prisoners, just at the top of Dartmouth-terrace, about seven hundred yards from the Green Man public-house—Perry was carrying a bundle on his back—I heard something, turned my lantern on, and could see them quite plain, twenty or thirty yards from me—when I saw the bundle I said, "Halloo, my lads, what are you loaded with?"—Anthony answered me, "Kit" that is all—I then passed down to the foot of the hill, they on one side of the road, and I the other—I then crossed over, went up to them, and told Anthony I must see what the kit was, and asked him what it was, he said, some things—I asked what things—he said, "A shirt or two, some stockings, and other things;" that he was going to work at Norwood—I took hold of the bundle Perry had on his back, and said, "I must look what these shirts are before you pass me, as it is a very unseasonable time at night"—when I took hold of the bundle he pulled himself on one side, and said, "What, do you think we stole it?"—I said, I did not know, but I must see what he had got, or I should take them to the station-house—I drew my staff, and took Perry—he said, if I took him to the station-house, I should take the bundle myself, and carry it to the station-house—he gave it into my hand—as soon as I got hold of it they tried to escape from me—they spoke together as they crossed the road with me, as I was taking the bundle, but I could not hear what they said—they tried to run away—I caught hold of Perry, and he and I fell into a ditch by the side of the road—I got up again, and caught hold of Burt, and we tustled together on the road—Perry assisted him, and I had a tustle on the road with them both—I struck Anthony with my staff, and knocked his hat in—it fell off on the footpath—he ran and picked it up, ran along, and I pursued him to a chalk-pit—Perry had escaped—I pursued Anthony two or three hundred yards—he got away, and ran into a field—I pursued him, and I fell into a chalk-pit, seven or eight feet deep—I do not know what became of his hat—as far as I know, he took it away with him—I never saw it afterwards—he got away—I afterwards returned to the spot where I had thrown the bundle down on their attempting to escape—I found it lying on the road where I had left it—I had sprang my rattle, but got no assistance for some time—I took the bundle on my back, and crossed over Blackheath-road, to go to the station-house—I then heard somebody coming down the hill, I threw the bundle down on the road, and walked up the hill, in the direction of the footsteps I heard, and a few yards further I met Perry—I said nothing to him, but jumped in upon him, collared him by his handker-chief, and said, "I want you"—he said, "What for?"—I said, "On suspicion of stealing the bundle you had just now"—He said, "You have not got me yet"—we tustled, and I threw him in the gutter, and, by the assistance of two men who were going to work, I secured him—having sprung my rattle two constables came to my assistance—I took him to the station-house, found a key, a buckle, a piece of pencil, and a staple or small hasp, on him—I am certain he is the man who was carrying the bundle when I first stopped the two men—I saw Burt at the station-house afterwards, about five o'clock—he gave his name as Thomas Anthony at the station-house—he went by that name until Cockett, the porter, was produced—he then said his name was Burt, but Thomas Anthony Burt was his name, he was called Thomas Burt, for shortness—I had bent his hat right in with my staff, and broke the crown in.
Cross-examined. Q. Are you quite sure you have given a correct account of every thing? A. To the best of my knowledge—when I say Anthony I mean Burt—what I have attributed to him is quite true—I have made no mistake about it, as far as I know—I will not answer for having made any mistake in other matters—I have not stated precisely what each said—I am quite sure Burt said "Kit" on my asking him what was in the bundle—I was close to him, and spoke to him—I could not possibly make a mistake—I had my lantern turned right on his face, and heard the words from his mouth—I was examined before the Magistrate the same morning—I remember most of the transaction as well now as I did then—when I come to consider, I recollect things which I did not before—I am certain Burt used the word "kit."—(The witness's deposition being referred to, stated "Perry had a bundle on his back—I asked him what they had—Perry said, 'Kit.'")—I took Perry about twenty minutes after the scuffle, or it might be half an hour—it was nearly half a mile from the place, on the road to London, but in a different road to that I was going—he was on another road, coming down towards the road I was going.
MR. CLARKSON. Q. How is it Perry is named in the depositions as flaying "Kit," instead of Burt? A. I do not know whether it is a mistake or not in the depositions, but it was Burt said so, Perry never spoke a word to me.
Burt. Q. Did not you say at the station-house that the man who escaped from you had on a blue coat? A. I said he had a coat, I could not tell the colour—I did not say I had a desperate struggle with the man in the road, and beat his hat in with my staff, and that I must have disfigured him—I said I struck him with my staff on the back of the head or the back once—you are not dressed as you were then, because you have a white handkerchief on now, which you had not—I struggled with Bart mostly—I first seized Perry, and fell into the ditch with him.
GEORGE COCKETT re-examined. The goff-house is under the ball-room, and joins the laundry—I went to the premises in the morning—I missed nothing from the goff-house—we had several staples like this in the goffplace—I found the door of the goff-box open—it appeared to have been broken open—the staples were kept in the box—I did not miss any staples from it then, but I afterwards found there was one gone—in fact there were several gone, but I cannot say that is one of them—the door of the goff-box is usually kept bolted inside, but that morning it was on the latch—I am not certain it was latched.
JOHN ROSCOE . I am a policeman. On Friday morning, the 10th of January, between two and three o'clock, I met Anthony on the Blackheath road, about a quarter of a mile from the Green Man, and half a mile from Dartmouth-terrace—he was without a hat, and had a handkerchief tied round his head—I stopped him, and observed he seemed rather confused as I passed him—I said, "Halloo, master, what is the matter?"—he said, "I have been to the Ordnance Arms with some friends, spending the evening—we got quarrelling, and from that got fighting—I lost my hat in the scuffle, and was very glad to escape without it"—I had heard nothing of the robbery then, and let him go by—I heard a rattle spring soon afterwards, as I went towards Blackheath-hill—I ran to where the sound came from, and found a bundle lying in the road—I took it up, and saw Sole holding Perry by the collar, taking him to the station-house—he was thirty or forty yards from the bundle—I produce the bundle—I did not know Burt before.
Burt. Q. When you met me, did not you say, "Halloo, master, have you lost your hat?" A. I said, "What is the matter? have you lost your hat?"—you did not say you had been to a house on the road—you named the Ordnance Arms public-house—you were walking fast, and seemed very much confused and irritated.
WILLIAM GOERGE OSBORN (police-sergeant R 18.) I went to the Green Man public-house on the 10th of January, between three and four o'clock in the morning, and examined the premises—I found the laundry window open—there is a wall below the window, which appeared to have some scratches on it, as if somebody, in getting on, had scratched it with the toes of their boots or shoes—I stood on a beer-barrel, and saw the linen lying about in the laundry—I alarmed Mr. Whitmarsh and his family—I went there in consequence of seeing his name on the linen at the station-house—I think the window is large enough to admit a man through.
SAMUEL BEE . I am a policeman. On Friday morning, the 10th of January, I was on duty in the Lower-road, from London to Deptford, and saw Burt, about a quarter-past three o'clock, near the Windmill-house, nearly two miles from the Green Man public-house—he had no hat on, but a handkerchief tied round his head—I had received information of a robbery—I asked where he was going—he said, "To Bermondsey'—I asked him where his hat was—he said he had lost it, that he had been in a row at some public-house—I asked what public-house—he said he did not know—I asked which way he came—he said he did not know, that he had been sleeping, and some man awoke him up—I told him he was my prisoner—he asked what the h—I he had done—I said, "Never mind, if you have done nothing, you will be done nothing to"—I took him to Greenwich station-house—he was perfectly sober.
THOMAS M'GILL . I am an inspector of the R division of police—I was at the station-house on this morning, and received charge of the prisoners—I asked Perry if he was the person who had possession of the bundle when the constable stopped him in the first instance—he said, "Yes," and said a man gave it him to carry, and he would sooner be transported than starve.
Cross-examined, Q. After asking whether he had the bundle when the policeman stopped him, did you go on to say, "Do you then admit the possession of it?" A. No, I did not—(The witness's deposition being read, stated, "I said it do you admit the possession of it? he said Yes")—that was read over to me—I have been in the police about eight years—I was acting inspector on this occasion—generally, when I take a charge, I wish to know whether it is a legal charge or not—I generally put questions to prisoners—the question depends on the nature of the charge—I put these questions, to ascertain whether it was a legal charge—the statement of the officer was, that he had stopped the man—I have heard the officer's evidence to-day—I thought their statement sufficient to detain the prisoners—the constable told me he had stopped two men, and both escaped from him—that he afterwards went to the place, and found the bundle, and afterwards re-took one of them, and brought him to the station-house, and said, "I will charge this man with having the bundle, and not giving a satisfactory account "—I then asked Perry if he admitted having possession of the bundle—he said, "Yes"—I was a clerk in the law department before I was a constable.
MR. CLARKSON. Q. Were you aware of this robbery at the time he
Was brought in? A. No, I put the question, in order to be justified in detaining him.
GEORGE SOLE re-examined. The two men I saw were strangers to me—it was a moonlight morning, rather—not very light—it was cloudy, but the moon shone at times—I could see some distance—I had the best opportunity of seeing them at first when I had the light clear in their faces—I stood talking to them three or four minutes before I seized the bundle—I had a bull's-eye light—all the time I was talking to them, I had my light turned full on them—I am certain of their being the men—I was talking to them three or four minutes, perhaps, at the bottom of the hill, and I walked alongside of them from the top of the hill to the bottom, only on the other side of the way.
Burt's Defence. I have been a waiter ever since I was ten years old, and trusted with a good deal of property. I was never charged with theft; but, unfortunately, was out of a situation—I have acted as occasional waiter at the Freemasons' Tavern, the London Tavern, London Coffee-house, and all over London. If I was a dishonest character, I could obtain plate and other property from such houses. I have held very good situations, and had the character of an honest man. I expected two or three employers to give me a character, but I suppose business has prevented them.
(Perry received a good character.)
PERRY— GUILTY . Aged 26.— Confined One Year.
BURT— GUILTY . Aged 25.— Confined Two Years.
Before Mr. Common Sergeant.
WILLIAM EVEREST . I am a baker, and live at Woolwich. On Saturday evening, the 1st of February, in consequence of information I went out of my shop and called "Stop thief," and about twenty yards from the shop a person named Davis gave my till into my hand—it was dirty at the bottom, as if it had fallen down—there was then 6 3/4 d. in copper in it—as near as I can guess there was 6s. or 7s. worth of copper in it before—I went further, and found the prisoner in custody of a policeman.
THOMAS DAVIS . I am a milkman, and live in Queen-street, Woolwich. I was coming down Church-street, Woolwich, about seven o'clock in the evening in question—I saw the prisoner running along with the till under his arm—I crossed the road to stop him—he dropped it—I took it up, and ran after him—I am sure he is the person—he was quite sober.
Prisoner's Defence. The money was mine.
GUILTY . Aged 20.— Transported for Seven Years.
Prisoner. I had it in my possession at five o'clock that evening. Witness. At past six o'clock I put my door to, and this and a number of other things were there—I know it by the painted handle, and by the string on it—I laid it on a table inside.
ELIZABETH KEAR . The prisoner came to my shop, and asked me to buy this chopper, before five o'clock—I said, "No, it don't suit me to buy it; I never buy edged tools"—she said, "Give me 3d. for it"—I said, "Is it your own?"—she said, "Yes," and I gave her 2 1/2 d. and a candle for it.
THOMAS ERY (police-constable R 185.) About seven o'clock that evening I was on duty in Hog-lane—the prosecutor told me a chopper had been taken from his shop by a woman—I went to the prisoner's residence, and could not find it—I found it at Kear's.
Prisoner's Defence, I bought it of a man belonging to the College the same evening, about five minutes before five o'clock—I went immediately to Mrs. Kear's, and sold it.
GUILTY . Aged 35.— Confined Three Months.
(There was another indictment against the prisoner.)
754. JAMES KELLY was indicted for stealing, on the 25th of January, 1 carpet-bag, value 2s.; 7 printed books, value 3s.; 3 gowns, value 5s.; 2 shawls, value 2s.; 12 keys, value 3s.; 1 pair of ear-rings, value 1s.; and 1 box, value 3s.; the goods of Ann Charrier. 2nd COUNT, stating them to be the goods of Margaret Turner.
ANN CHARRIER . I live at Edmonton, and am a widow. I left a box with Mrs. Turner on the 21st of August—I saw it at Greenwich before the Magistrate, and the books and the contents were mine—the box was locked, and I have the key of it.
CATHERINE CROWLET . I am servant to Mrs. Margaret Turner, a widow, in Trafalgar-road, Greenwich. On the 25th of January I went with my mistress to an out-house in the garden, and observed the box, which is now produced, had all the things turned out of it—I cannot tell what had been in it—I turned the things in again—the box had been left in that out-house, and belonged to Mrs. Charrier—I saw one book laid on the table—the prisoner had been employed in that out-house, making sails for a little ship for my master before he died, in December last—I never saw him there after my master died.
JOHN HEMSLEY (police-constable R 193.) On Saturday night, the 25th of January, I was called to the house—I found the box broken open, and some things were on the floor—I did not take notice what they were—I went to look at the back of the premises, where I saw some one had recently got over the hedge, and saw the prisoner stooping, as if concealing himself—I asked what he did there—he said he was a watchman for Mr. Wright—I found part of the property on the ground near him—he had been drinking.
BENKAMIN LOVELL (police-sergeant R 15.) I went with the witness, and found some one had been over the fence—I went in to the yard, and found two books, twelve keys, a pair of ear-rings, and a number of memorandums—the prisoner had been locked up before that.
Prisoner. I know nothing about it.
NOT GUILTY .
755. HENRY REEVES and ELIZABETH DALTON were indicted for stealing, on the 21st of November, 1 sheet, value 1s.; 1 rug, value 1s.;1 bolster, value 2s.; and 1 dish, value 1s.; the goods of Thomas Jackson.
LOUISA JACKSON . I live in Dowling-street, Deptford, and am the wife of Thomas Jackson. I keep a lodging-house—I let the two prisoners a furnished lodging, which contained the articles stated in this indictment—on the 13th of December I thought it necessary to examine their lodging, and then these things were all gone—I did not authorise them to take any thing—I have seen these things since they are here—my husband has been away from me nearly five years—he is alive.
BEMJAMIN HAYNES . I keep a shop at Deptford. About the 6th or 7th of January the two prisoners came to my shop, and had some tea, sugar, and other things, to the amount of 7 1/4 d.—they left the dish, and said in a few days they would call and pay, and take the dish away.
CHORLOTTE STRICKLING . I keep a shop in Deptford. I have a bolster which the prisoner Dalton brought to me in December—I gave 1s. for it—she sold it till the day she took her pension, when she was to come and have it again, but she did not, and I put it up for sale.
BENJAMIN LOVELL (police-sergeant R 15.) I took the male prisoner—he had the duplicates on him of the sheet and the rug—he said he knew nothing about them, that he had the duplicates from the female prisoner's daughter—I went with him to Rosemary-lane, and found the female prisoner—she said she did it to support the man, and he knew all about it—he did not contradict it.
Dalton, I acknowledge myself guilty of pledging the articles, but not of selling the bolster—Strickling has been in the habit of advancing loans on trifling things, and receiving interest—she has had it twice before on the same terms, and it has been redeemed by me—not having work, I was compelled to take it again to her on the 4th of January, I was to fetch it in a few days, and give 6d. for the money advanced—it was done with the knowledge of Reeves, with whom I got acquainted, and lived with him as his wife—on the 7th of January I paid her 3l. 10s. out of 5l. which Reeves gave me to pay her and some small debts—I was detained in London on some family affairs, which was the reason I could not get these things out.
BENJAMIN LOVELL re-examined. When Dalton left Deptford she went to London with Reeves, to receive his pension—she then went to her daughter, and had no shoes to go out in, which was the reason she could not go back to Deptford—I was forced to hire a cab, and take her down without shoes—Reeves had 10s. 6d. a week pension.
REEVES— GUILTY .*** Aged 59.— Transported for Seven Years.
DALTON— GUILTY . Aged 38.— Confined One Week.
FRANCIS WARD . I am a drayman to Messrs. Cox, of Bermondsey. I was at the Two Brewers public-house, at Sydenham, about half-past six o'clock, last Thursday—I took off my jacket while I took in a barrel of beer—I put my jacket on the side by the back-door—when I came back it was gone—this is it—(looking at it.)
Prisoner. I am innocent.
(The prisoner received a good character.)
GUILTY . Aged 25.—Recommended to mercy.— confined one Month.
Before Mr. Sergeant Arabin
THOMAS LIFFORD . I am a labourer. I was at work at Mr. Foster's, at South-end, Lewisham, with this mattock, which belongs to my brother, John Lifford—I left it in the hedge, in the part where I was trenching, on Friday night last—I came back the next morning, and it was gone—the prisoner worked close by in the ditch—this is the mattock—(examining it.)
LOUISA BROADRIB . I keep a marine-store shop at Lewisham. I bought this mattock of the prisoner, who said he wanted a little money for a particular use, and if I would keep it till Wednesday he would have it again—I said I would buy it out and out, and I bought it for 1s.
Prisoners Defence. I picked it up in the toad as I was going home from work.
GUILTY . Aged 30.—Recommended to mercy,— Confined Eight Days.
NOT GUILTY .
Before Mr. Justice Williams,
JOHN GREGORY . I am an oilman, and live at Newington-causeway. On the 6th of January the prisoner came to my shop, about eleven o'clock in the morning, and presented a written order for a gallon of sperm oil—I did not know him before—he directed me to be sure to send it to Mr. Churchill—this is the order—(reads)—"One gallon best sperm oil. W. CHURCHILL, timber-merchant, road, Lambeth."—Mr. Churchill was not a customer, but I knew him—the prisoner said I was to be sure to send that afternoon, as Mr. Churchill wanted to light up a meeting that evening—I told him I would be sure to send it—I was entering the order in the book, and as he was leaving he turned round suddenly and said, "I may as well pay you for it, if you can give me the difference of this cheque; it will save me the trouble of going into the City"—I said, "Very well," and made as if I was going to get the change: instead of that I went out the back way, and came In at the front in company with a policeman—the prisoner was waiting in the shop for the change—I said to him, "How long have you been with Mr. Churchill?"—he said, "About six months"—I said, "I doubt it; I must detain you"—he said, "I hope not," and attempted to go—he said he hoped I would let him go this time; he was in great distress; that he was publishing a book, and wanted a little money, and when he had sold his books he would have called and paid me again; I should not have lost my money—I asked him whose
writing the cheque was—he said it was his own—I did not know any thing about him—this is the cheque—(read)—"Messrs. Fuller and Co., 84, Cornhill, pay £5. WM. CHURCHILL."
WILLIAM CHURCHILL . I am a timber-merchant. I have known the prisoner many years as a boy at a school with which I was connected—I have not known what he has done lately—he was in an office in the City, but has been out of employ latterly—he applied to me in April for the loan of 10l., which I lent him—this cheque is not my writing—I keep cash at Fuller's—I never authorized the prisoner to put my name to any cheque.
Prisoner. Q. Are you at all acquainted with my handwriting? A. Yes, by receiving letters from you—I have got the last I received from you in my pocket—it is dated the 3rd of May, 1839—I had sent you that day a letter enclosing a cheque for 10l.—the cheque produced is not signed as I sign mine.
Q. Does it appear an attempt to imitate your signature? A. Certainly not—if this cheque had been presented to me, I should not have imagined it to have been my writing—I have no doubt it is written by you.
Prisoner. Q. You said you left your shop, and came round the back way—suppose I wished to escape, could not I have done so? A. You could certainly—you did not go out of the shop.
Prisoner's Defence. In attempting to conduct my own defence in a charge of so serious a nature, I am sure you will all admit I have undertaken a task of no ordinary difficulty; but I am relieved under the conviction that I am perfectly safe in the hands of his lordship and a British jury. The only evidence affecting me is that of Mr. Churchill, who swears he possesses a perfect knowledge of my writing, from having received letters from me; the date of the last letter is the 9th of May; I would ask whether a person's handwriting would not undergo some considerable change in that space, and how could a person, looking at that, say it was the offspring of my pen? He said before the Magistrate, that such was the fallibility of human evidence on hand-writing, that he would not be able to swear to his own writing two hours after he had written it. He admits it is like my writing, and not an attempt to imitate his. I leave it in your hands to say whether a charge of forgery is established.
GUILTYof Uttering. —Aged 21.
JOHN CHARLES WILLS . I am in the employ of Thomas Ridgway, a tea-dealer in King William-street—he has no partner—the prisoner came to the shop on the 16th of December last, between three and five o'clock in the afternoon, and ordered tea and coffee, amounting to 1l. 7s. 4d., to be sent to Dr. J. C. Brown, 1l., New Broad-street—he gave me the order verbally, and I took it down—he tendered this cheque for 6l. in payment—he put it into my hand, and said if I gave him the difference he would pay me at once—I took the cheque, we sent it to the banker's, and before the young man returned the prisoner said he was going to Abchurch-lane, and would return in a few minutes if I would get the difference ready—he did not return—I found him in custody in about a fortnight or three weeks—I
held him in conversation a short time before he left the shop—I am sure he is the person, to the best of my knowledge—I did not ask him any question about the cheque—I did not know the person by whom it appears to be drawn.
Prisoner. Q. By what are you prepared to swear to me? A. From your light complexion and light hair—I will not be certain whether the shop-lamps were alight or not—I cannot say whether the person was at all aware that I sent the cheque to the banker's—I sent a young man named Jenner—the person did not see me give the cheque to Jenner—he could not be aware that I had sent it to the banker's—the banker's is in Corn-hill, not a quarter of a mile from our house—I held the person in conversation after giving the cheque to Jenner—I should say three or four minutes elapsed before the person left the shop—T cannot say how long it would take a person to go to the banker's, I am a stranger in the neighbourhood—when the person left, his manner did not appear at all excited, or such as to cause my suspicion in the least.
COURT. Q. How long, from first to last, was the person with you? A. Five or six minutes—I had some conversation with him after I took the cheque—there was only the counter between us—I cannot charge my memory whether the gas was lighted—it was quite light enough for me to discern his person—I noticed that he had a very long nose, a very light complexion, and light hair—I saw him again about a fortnight or three weeks after, at the station-house in custody—I am confident the prisoner is the man.
RIDCHARD DOHERTY . I am a policeman. I have made inquiry for a person named Brown at No. 11, Broad-street, but no such person resided there—I inquired about the neighborhood—I asked the person at No. 11 if he was acquainted with a person of that name in the street—he said he was not—I did not inquire at any other house—(cheque read—"Messrs. Fuller and Co. Pay petty cash or bearer 6l. J. C. Brown. 16th December, 1839.")
Prisoner's Defence. The witness swears to me by my nose and complexion—is there any thing peculiarly striking in my complexion?—it is for you to judge—he swears the person entered the premises between three and five o'clock—he cannot tell whether the gas was lit or not—we all know between three and five o'clock, it is approaching dusk, and to identify a person by his complexion would be attended with considerable difficulty—the person remained in conversation with him, not being aware of the cheque being sent to the banker's, two or three minutes—the distance he cannot tell, but perhaps, gentlemen, you know the spot, and will decide whether a person would run the risk of being apprehended on the charge by remaining in conversation with a person four or five minutes, which would be ample time for a person to reach the banker's, and the moment he presented the cheque he would necessarily ascertain it to be forged, and make the best of his way back, so that the person had time to reach the banker's, and return while I was in conversation with him as he says—I am also indicted for obtaining goods from Messrs. Twining, on the same day, and if your Lordship will look into the deposition, you will find what time the witness says I was there, and if it was between three and five o'clock,
it will necessarily appear that I could not be there and at Twining's at the same hour obtaining goods.
GUILTYof uttering. Aged 25.— Transported for Life.
(There were five other indictments against the prisoner.)
Before Mr. Justice Williams.
761. HENRY BIRKIN was indicted for burglariously breaking and entering the dwelling-house of Stephen Pudney, about the hour of nine in the night of the 18th of January, at St. Mary, Newington, with intent to steal, and stealing therein, 1 coat, value 1l.; 1 waistcoat, value 5s.; and 1 pair of trowsers, value 1l. 5s.; the goods of William Pudney.
WILLIAM PUDNEY I am a shoemaker, and live with my cousin, Stephen Pudney, in Lower King-street, Old Kent-road, in the parish of St. Mary, Newington—he is a shoemaker. I went out on Saturday, the 18th of January—he went out first—I and his wife went out about half-past nine o'clock—the premises were made quite secure—the door was locked, and the window fastened—we returned about half-past ten o'clock, all three together—found the door fastened, but the shutters open, and the window also—a man could get in at the window—I occupy the parlour of the house, and on going in I found my box broken open, and a coat, trowsers, and waist-coat gone—I had not unlocked the box for two or three days before—they were safe then—it was broken open with a hammer.
SAMUEL CHAPMAN . I am a pawnbroker, and live in Whitby-place, Lock's-fields, Newington. The prisoner pawned these articles at my shop on Saturday, the 18th of January, about a quarter before ten o'clock—I am sure he is the man—he pawned the trowsers and waistcoat for 12s., and the coat for 7s.—he said he brought them for J. Brown—I asked him his name—he said, "Henry Birkin"—he said Brown lodged in the same house as himself—I did not know him before—I am quite positive he is the man—I have had the property ever since, and produce them—he was perfectly sober.
JOHN BAKER . I keep a beer-shop in Walworth. On Saturday, the 18th of January, I was out with my beer, and saw the prisoner about twenty or thirty yards from the prosecutor's house, standing at the corner of the street, looking towards the prosecutor's house—on my going up he stood there, and did not move—he was about forty yards from the house—when I came up, he walked round the corner towards the house—I could not see how far he went—I knew him before—he lived three or four doors from the prosecutor's, at least his brother-in-law did—I believe he did not live there at the time of the robbery.
(Property produced and sworn to.)
GUILTY . Aged 20.— Confined Twelve Months.
Before Mr. Justice Colt man.
762. CHARLES MUCKLESTONE and EDWARD FLEMING were indicted for stealing, on the 10th of January, at Lambeth, in the dwelling-house of Thomas Baster, about four o'clock in the night, 1 coat, value 5s.; 1 waistcoat, value 4s.; 1 pair of trowsers, value 7s.; 1 pair of stockings, value 1s. 6d.; 1 cap, value 10d.; 2 aprons, value 1s.; and 3 handkerchiefs, value 2s. 6d.; his goods; and afterwards burglariously breaking out of the said dwelling-house.
THOMAS BASTER . I keep the Cross Keys public-house, in Broad-street, Lambeth. The house belongs to Louthwaite and Evans, the brewers, and I was put in to look after it, as their servant—they do not pay me wages—I was to have what I could make out of what I sold—they supplied the beer—I was liable to them for the price of it—I am single—I had a bed in the house, and generally slept there, except once a week, when I went home to my father's—I have a boy in the house to assist me—I pay him wages—nobody slept in the house but him and me—on Friday, the 10th of January, I left the house, at eleven o'clock, leaving it in charge of the boy, James Sullivan—I left no one in the house but him—I saw the place all fast, and went all round it with a candle—I heard the boy put the bar down before I went away, after I got outside—I returned next morning, and missed a bundle of clothes, and two aprons and a red night-cap, which laid on the top of the bundle; also a bottle of brandy, a quart of rum, and a quart of gin—I had seen the bundle before I went away the night before—I had taken a handkerchief out of it to put round my neck—I made the bundle up after taking it out, and put it on the top shelf of the dresser at the back of the bar, in a little back room, with the two aprons and the red night-cap on the top of it—on the Tuesday morning following a baker named South brought me some of my clothes, which I gave to the policeman the same morning—the aprons and night-cap I found in the house when I went back on the Saturday morning—they had been dropped going out—I had seen the prisoners in the house on the Friday—they came in about dinner-time—they went out once in the afternoon, and then came in again—Mucklestone told me, when I was putting on the silk handkerchief that night, before I started, that he would rob me that night, and lie in my bed—I only laughed at him, thinking it a joke—all the company went out of the house before I left.
Cross-examined by MR. PHILLIPS. Q. Who was present when Muckle-stone said that he would rob you that flight? A. Both the prisoners and my boy—it was about half-past ten o'clock at night that Mucklestone told me so—I was examined before the Magistrate the next day—I did not mention it then, nor did Sullivan—I have not been talking to Sullivan about the case since 1 was examined before the Magistrate—all I said to him was, not to be frightened—I did not put him in mind of what Muckle-stone had said—I do not know why I did not tell the Magistrate of it, nor why Sullivan did not—Mucklestone did tell me so, and Fleming said, "Aye," and laughed at it—there was no licence to this house when I first went there—Louthwaite and Evans have the licence now—it was not taken out till I had been there a week—there has been three or four different people in the house within this twelvemonth—I cannot rightly say who has the licence—I do not know who had it at the time of the robbery—I was paid no wages—I paid Sullivan 18d. a week—he always slept in the house—I am sure the brewers did not pay him—they did not allow me any thing but the profit on the liquor—I was answerable to pay them what I received—the liquor was guaged to me, and when I went out they gauged it again—I paid them for what was sold—it is their public-house, and I was put in as their servant.
—there was nobody left in the house but me—I fastened the door after him, and barred it—about a quarter of an hour after he was gone some man came to the window, and asked me to let him in to have some beer—he swore, if I did not let them in, he would break the window—I let him in—he took the candle away from me, and went to the till where the half-pence were, laid hold of a handful of halfpence, took four pence, and pitched the rest back—he took hold of me, and ruffled me about, while the two prisoners got in—I had seen them in the house before several days, and am sure they are the boys—I had seen them there that afternoon and evening, and several times—I did not hear either of them say any thing to the prosecutor before he went away—I do not know the name of the man that came in—when the prisoners came in the man had half a quartern of gin, and wanted me to give Teddy (Fleming) a glass of gin to keep him warm—I refused—he told me Teddy had to be out all night—I then went to bed, but two policemen came first—the prisoners were gone then—I saw them go out before the policemen came—I fastened the house up again, and went to bed—it was about a quarter to twelve o'clock then—I did not see the two prisoners go out—I saw the man go out, but not the prisoners—I do not know whether or not they went out before I went to bed—I did not search round the house to see if all the company were gone—I was disturbed about four o'clock in the morning by a noise as if a cinder was trod upon in the tap-room—I slept in a little room behind the bar—I had not noticed Baster's clothes there before I went to bed—I got up, and went to look who it was, and the two prisoners ran out—there was a gas-light burning in the tap-room, and a little light in the bar—Baster always leaves the gas burning to get a light in the morning—I am quite sure it was the two prisoners—there was plenty of light from the gas to see them—I saw Mucklestone run out with his hands before him, as if holding something, and Fleming opened the street-door while he went out—I cannot say whether Mucklestone had any thing in his hands, but they were held out—I saw both their faces—after they ran out I saw a man standing against the river looking at the tide, and that man went and called a policeman, and one came and stopped till half-past six o'clock—the two prisoners then came to the door—I told the policeman they were the two prisoners, and he took them—the property had not been found then—I found the two aprons in the tap-room, and the nightcap in the passage leading from the tap-room to the street-door, about half-past seven o'clock, after they were taken—when I went into the tap-room at four o'clock I found a fire there, and the gas-light burning—there is only one gas-light in the tap-room, and the one in the bar was lighted—when I went to bed the fire and gas-lights were out—I went to the station-house about eight o'clock, I think, but did not see the prisoners there—I never had any conversation with Fleming about the goods—I am sure of that—I was examined before the Magistrate the same day—Fleming said to me, "If you don't say much, I will get you the things back, because I am sure to be transported"—that was on Saturday, when I was waiting to go before the Magistrate, as I was sitting in the box where the people wait till they are called—we were both sitting together—I was alongside of them—it was before I was examined—I had not seen the aprons and nightcap dropped by any body.
Cross-examined. Q. Have you never said so? A. No—I am quite sure of that—I never said Mucklestone dropped them—I am sure I never told the Magistrate so—if I did, it was not true—I saw Baster leave the
house at half-past eleven o'clock—I did not see him put his handkerchief on—I saw him coming out with it on—the prisoners were in the house at the time—they were talking to one another—I did not see or hear either of them say any thing to Baster—I am sure of that—it was a tallish man that came in and ruffled me about—the prisoners did not come in for me to see them—they were standing against the door when the man ruffled me about—I told the Magistrate that—I let the man in—I opened the door for him—it was only one person—he tapped at the shutter, and said, "Open the door"—I said, "Who it that?"—he said, "Tom"—I said, "What Tom?"—he said, "Tom Barstow," and I then let him in—I let him in willingly—I knew his name—I said, "I shall not let you in," and then he said, "If you don't let me in I shall break the window"—he came in alone—there was nobody with him—I told the Magistrate only one person came in—I told him that "persons" outside threatened to break the window, and I admitted them, and served them—the prisoners were standing outside—they did not come in that I saw—they went away before the policeman came, which was at a quarter to twelve o'clock—the prisoners went away before my master went away, at half-pas eleven o'clock—I am sure of that—I did not see my master before the prisoners went away—I had seen him two or three minutes before—I believe he had the handkerchief tied about his neck at that time—I saw the prisoners go out about a quarter after eleven o'clock—I did not see them come in again, that I am sure of—after I let Tom out I barred the door—he was in the house about ten minutes—the prisoners did not come in while Tom was in the house, to my knowledge—I do not know whether they could have come in—I was not near the door—I went into the kitchen—I did not shut the door—the man took the light from me, and went to the till, which is at the back of the bar, and then ruffled me about—any body could have come in without my seeing them then—I do not know whether any body did come in.
Fleming. Q. What time next morning were the things brought back? A. I cannot tell, I think about eight o'clock—it was on the Tuesday, I think—it was not the day I was at the office, but another day—a baker brought them—I said at the station-house I did not know what my master had lost till he came home—I told Mr. Gains (who lives next door) of the robbery at half-past six o'clock—I looked for a policeman at four o'clock, but could not find him—the policeman came about half-past six o'clock, and took you in custody about a quarter to seven—nothing was found on you that I know of—the constable did not send me to sit by the side of you at Union Hall—I went myself—I did not speak to you at all, only you said, "Don't say much, and I will give you the things back, because I am sure to get transported"—I did not say that my master said if he got the things back he would say nothing about it—you did not say, "I know nothing about it, if your master should transport me."
COURT. Q. During the time the man was ruffling you about, was it possible for any body to have got in without your seeing them? A. Yes they could—I was at the back of the bar, and could not see the passage from the door to the tap-room, because he had hold of me—the two prisoners were standing outside the door when I let the man out—no, they were not outside when he went out—they were when he came in.
COURT. The witness stated at Union Hall that he saw the two prisoners run out at the side door, and Mucklestone dropped two aprons and a night-cap.
THOMAS WILLIAM SOUTH . I am a baker, and live in Princes-street, Lambeth. I know the prisoner Mucklestone by seeing him about the parish working for different masters, and in the winter time he came with different lads, and had leave to sleep in my bakehouse, having no home—about Christmas last I forbid his sleeping there—on Tuesday morning, the 14th, my daughter brought me a bundle of clothes—I untied it, and knowing the waistcoat, I took them immediately to Baster—I had been in my bakehouse every day from the Saturday to Tuesday.
Cross-examined. Q. Had you-seen him on the premises after Christmas? A. No—I did not see him there after the 10th of January—I did not charge any boys with putting that bundle in my bakehouse—I asked if they knew any thing about it—I taxed a boy in my employ with it, and he ran away after I had done so—he led me on Friday—I did not tax him with putting it there, I accused him of knowing something about it—he left me without warning—he had been in my employ about nine months—he is about sixteen or seventeen years old—his name is Bradbury—I have seen him since about the street—Mucklestone was not doing any thing that I know of when at my place.
Fleming. Q. When you got up on Saturday morning were your doors open or not? A. I cannot say—there is no door to the bakehouse—there is a yard door, and a window any one may get into, which is generally left open—I cannot say when the clothes were put there, nor who by.
COURT. Q. If they had been there on the Saturday, should you have seen them? A. No, they were shoved under the stairs.
THOMAS NICHOLLS . I am a policeman. I was called at very near seven o'clock on Saturday morning, the 11th, and went to the Cross Keys public-house—Sullivan stood at the door, and pointed out the prisoners to me—he charged them with this—he said he had seen them go out of the house, and I took them on his statement—I received some clothes from Baster on the 14th, I believe, which I produce.
NOT GUILTY .
Before Mr. Justice Williams.
763. JAMES PRATT was indicted for feloniously breaking and entering the dwelling-house of George Allen, on the 24th of January, at St. Mary, Newington, and stealing therein, 1 cloak, value 10s., his goods.
MARY ANN ALLEN . I am the wife of George Allen, a hatter, and live in Swan-street, Dover-road, Borough. I saw my cloak safe on Friday, the 24th of January, about five minutes before it was stolen, across the back of a chair, in the front parlour, where I had put it on the previous evening—Ellis gave an alarm—I went to the door, and he had the prisoner there with the cloak—I went into the parlour, and it was gone from there—I did not know the prisoner before.
THOMAS ELLIS . I am a shoemaker, and live twenty or thirty yards from Allen. On the 24th of January, I was sitting at work at my house opposite Allen's, and saw the prisoner and another lad loitering about there—I watched them, and saw the prisoner go to Allen's window, lift the sash up, open the builds, lean himself in, and take the cloak off the
chair, fold it up, and put it under his cloak—he pulled the blind to, and partly put the window down—I was not twenty yards from him—I opened my shop-door, and ran over the road after him, and took him before he got twenty yards from the place—he might be out of my sight in turning the corner an instant, but no more—I am positive he is the same person, and when I got up to them they dropped the cloak before them—I took him within half a minute of his taking it—he had given it to the other, who had a short apron on, and they put it into that—when I came up to them I saw the other boy drop it—the prisoner was close to him—I did not know the prisoner before—I am positive of him—I took up the cloak, and brought him back with it to Mr. Allen.
Prisoner. A large wagon came by the window at the time the other boy took the cloak—I never touched it. Witness. No wagon passed at all—there was a hop-wagon beyond the house, but it had not passed—he gave the cloak to the other boy about a dozen yards before be turned the corner.
(Properly produced and sworn to.)
Prisoner's Defence. About eight o'clock on Friday morning I got up, and was coming home to my mother, and at the time a wagon was passing a window; I saw a boy take the cloak, I ran after him, and was four or five yards behind him when Ellis caught him—he dropped the cloak, and ran round a corner; he turned round, and took hold of me.
GUILTY . Aged 19.— Confined Six Months.
Before Mr. Recorder.
764. THOMAS ANDERSON was indicted for feloniously breaking and entering the dwelling house of James Liddle, on the 21st of January, and stealing therein 1 sheet, value 5s.; 1 shift, value 1s., and 1 bed-gown, value 1s.; his goods.
MARY LIDDLE . I am the wife of James Liddle, of Church-street, in the parish of Bermondsey. On the evening of the 21st of January I was in the back-parlour with my children, and heard a knock at the door—I went out, and saw Mr. Sweeny holding the prisoner on the step of the door, which was open—he was detained till another gentleman came up, and then taken to the station-house—I had been in the front-parlour between four and five o'clock that evening—the window was shut close down then I am certain, but I believe it was not fastened—I had left a sheet, shift, and night-gown on the sofa there—I saw them picked up, in the prisoner's presence.
EDWARD SWEENEY . I am a carman, and live in Maymont-rents, Church-street. On the 21st of January, I was passing No. 4, Church-street, noticed the window up, and one blind open—I looked into the room, and a man pushed the blind in my face—I said, "I beg your pardon, I thought there was nobody at home"—I walked a little way, and saw the blind shut—I went and knocked at the door, the prisoner opened it—I asked if the woman of the house was at home—he said, "Yes, walk in"—I said, "Do you live here?"—he said, "Yes"—I said "Stop a bit"—I knocked at the door again—the prosecutrix came, and said, she did not know him—Mr. Hillier came over to my assistance—the prisoner struggled from us and dropped the bundle, and I secured him until I met the policeman and gave him to him—I am certain he is the person who dropped the bundle.
HENRY HILLIER . I live in New-street, Horselydown. I heard an alarm of "Stop thief," went across, and saw the prisoner drop the bundle—I picked it up, and went and took hold of him—he said, "Let me go"—I said, "No, you shall not, till the policeman comes"—I lent the witness assistance till the policeman came—I took up the bundle—there is no area before the window.
(Property produced and sworn to.)
(The prisoner pleaded poverty.)
GUILTY . Aged 27.— Confined Six Months.
765. MARIA HANSON was indicted for stealing, on the 16th of January, at St. Mary, Newington, 1 shawl, value 10s.; 1 bonnet, value 15s.; 1 veil, value 10s.; 8 handkerchiefs, value 12s.; 7 gowns, value 3l.; 8 petticoats, value 30s.; 4 shifts, value 15s.; 1 pair of stays, value 5s.; 2 night-caps, value 2s.; 6 bed-gowns, value 30s.; 1 miniature and frame, value 2l. 2s.; 1 watch-key, value 3s.; 4 towels, value 2s.; 3 shirts, value 1l.; 1 habit-shirt, value 3s.; 1 table-cloth, value 3s.; 2 pairs of boots, value 15s.; 2 pairs of stockings, value 2s.; 1 apron, value 6d.; and 1 yard of calico, value 5d.; the goods of Eliza Stokes, her mistress, in her dwelling-house.
ELIZA STOKES . I live at No. 2, Manor-place, Walworth, St. Mary Newington. I employed the prisoner as charwoman three or four times, and on Thursday, the 16th of January, I went to the theatre in the evening, and left her in charge of the house—I returned at twelve o'clock, knocked at the door several times, but got no answer—I found the key under the cill of the door, opened it, and found a light in the passage—the prisoner was not in the house—I found a bonnet and shawl in the kitchen—I missed from my bed-room the articles stated, the value of which is about 10l.—I have seen some of them since.
GEORGE WORLEY . I am foreman to Messrs. Walmsley, a pawnbroker, High-street, Borough. I have a gown, bed-gown, petticoat, miniature, and watch-key, pawned by the prisoner on the 18th of January, about three o'clock in the afternoon, for 15s., which was all she asked—I am certain of her.
ROBERT FENNING (police-constable L 181.) I took the prisoner into custody about eleven o'clock on Saturday evening, the 18th of January, near the Surrey theatre—she had a shawl and bonnet on, a veil, and handkerchief—she was searched at the station-house by a female, who found a gown, a pair of stays, and a petticoat on her—I have some other things, which were given up by Mr. Field, a pawnbroker, in Newington-causeway, and another parcel by Mr. Folkard, of London-road—when I took her she inquired of me several times what I took her for—I asked her where she got the articles she had on—she said she purchased them, and they were her own, but the prosecutrix identified the articles she was dressed in.
SARAH TOWENSEND . I live in Tower-street, Lambeth. I am employed to search female prisoners at the station-house. On Saturday, the 18th of January, I searched the prisoner, and found one gown, one pair of stays, and two flannel petticoats on her, which were claimed—she said she was left in the prosecutrix's house, that she put them on while the lady was away, and they were the lady's.
ELIZA STOKES re-examined. These are my articles—my sister lives with me—it is my house—the prisoner's mother worked for me before this, but she was ill and sent her—I carry on no business—there was no servant in the house, with the exception of the charwoman—the articles were there on the Thursday—I had not missed any thing before—I discovered the extent of my loss that night.
GUILTY . Aged 19.—Recommended to mercy by the Prosecutrix.
Transported for Ten Years.
Before Mr. Justice William.
766. THOMAS MANNING and ROBERT RICHARDSON were indicted for feloniously breaking and entering the dwelling-house of James Fleming, on the 11th of January, and stealing therein, 1 shirt, value 2s.; 1 shift, value 2s.; 1 gown, value 2s. 6d.; 1 petticoat, value 1s.; 5 towels, value 1s. 6d.; 6 aprons, value 2s. 6d.; 2 bed-gowns, value 3s.; 5 caps, value 3s.; 1 pocket, value 3d.; 8 handkerchiefs, value 3s.; 1 curtain, value 4d.; and I yard of flannel, value 3d.; his property.
MARY ANN FLEMING . I am the wife of James Fleming, and lodge at No. 5, Lant-place, Southwark-bridge-road. On Saturday night, the 11th of January, I left home about seven o'clock in the evening—I left nobody in my apartment—I left the window quite down, but not fastened, and the shutters were closed, but not fastened—I left a bundle of linen on the table, rough dry—it was all in a dark cotton apron—I returned about eight o'clock, found the shutters thrown to, but the window half open—any body could get in—the bundle was gone—I have found nothing but one towel, which the policeman found two or three days afterwards—I know nothing of the prisoners.
HENRY BROWNUTT . I am a costermonger, and live in Little Suffolk-street with my grandmother. The prisoner Richardson lodged at my grandmother's at the time in question, but not Manning—he came there with Richardson when the stolen property was brought to our place, and I had seen him about the street two or three times before. On Saturday, the 11th of January, I went with my grandmother after some money, and when I came home to the corner of the street, the prisoners and a boy named Robert Wheeler ran by me—Richardson had a bundle on his head—they were running towards our place, and ran in-doors—the bundle was very large, wrapped up in a kind of apron—I was standing still, and they ran close by me—it *was between seven and eight o'clock—I went in-doors, asked for a light directly, and went up stairs to Richardson's room, in consequence of what a woman said, and found him there—I asked him for the light—he would not let me have it till he had done with it—Manning and Wheeler were in the room with him—Richardson put his foot against the door, but I forced my way in—there was a light there—I saw a number of clean things in the room, a shirt, shift, and half a coloured handkerchief, and a number of towels and aprons—the thing they had been wrapped in seemed to be a coloured apron—I said, "Halloo, Richardson, how did you come by them?"—he said they were his sister's—I took the light from him directly—the things were on the floor—Richardson held up the towels and said, "Them towels are of no use to us; they will only grab us from selling them"—nothing more passed—I went down with the light, and they came just after me—I was not in the room again.
Richardson. He said at Union-hall that there was no light, and he could not see what we were doing in the room. Witness. I did not—I can swear to the towel which has been found, because Richardson held it up, and I noticed three holes in it, and a loop at the end.
Manning. Q. How far off were you when we brought the bundle in? A. I was by the public-house, which is next door—I was five or ten minutes in the room.
Manning. At the office he said he was not a minute in the room—there was no light—it was blown out. Witness. There was a light—Richardson would not let me get to the candle; he put it on the other side of the room—I have been looking for Wheeler, but cannot find him—I knew him before by working with him.
WILLIAM HUMPHRIES . I am a policeman. On Monday morning, the 13th of January, I took Manning at his mother's room, No. 6, Market-street, St. George's-market—I searched a room at No. 7, Suffolk-street, but could find nothing there—Richardson was taken by a brother constable, and Wheeler was taken—they were all three discharged by the Magistrate, as we could not find any property; but on the Wednesday following, the 15th, I found a towel in the bottom room of the house where Brownutt lives—it is a lodging-house, and they all come down there to wash—there are six or seven lodgers—I found the towel just inside the door, on a little shelf among other dirty things—the prisoners were taken again the next day—on the towel being presented before the Magistrate, Richardson said something—I believe it was taken down in writing—I am not sure, it was before we gave our depositions—it was said in the presence of the Justice—we go round to the clerk to give our depositions, after we have been before the Magistrate—it is all in the same office—it is taken down in the presence of the Magistrate.
Manning. The policeman said at the office the towel was found up stairs, in the bed-room, and when our commitment was made out, it was said it was found down stairs—he said that was true, and they altered the depositions. Witness. I did not say it was found in the bed-room—I found nothing up stairs.
MRS. FLEMING re-examined. I know the towel, by my husband's initial "F," which 1 marked myself, in the corner—it is nearly worn out—I am sure it is my work.
Manning. The policeman said at the office the mark could not be perceived—the towel has been washed since. Witness. It was just the same as it is.
Manning. He said there were three great holes which he could put his fingers through. Witness. I did not.
Richardson's Defence. He knows more about it than I do—he said he went for his grandmother, that when he came along the street, and saw me, he went and asked for a light, and the woman said, "Jacob has got it"—that he went up stairs, and I blew out the candle—they could not see what we had got, and yet he swears to the towel in the dark above all the other things.
Manning's Defence. How could he perceive the towel in the dark when he said Richardson blew out the candle?—he said so at the office—I throw myself on the mercy of the Court.
MANNING— GUILTY . Aged 15.— Confined Three Months.
RICHARDSON— GUILTY . Aged 19.— Confined Nine Months.
Before Mr. Sergeant Arabin.
DAVID GODFREY HOLLAND . I am a printer, and live in Herbert's-buildings. The prisoner worked at my press—I paid him by the job—he was with me about two months—I missed this type on the 12th of January—this is it—(looking at it.)
WILLIAM JAMES DAILEY . I am a printer, and live at Lambeth. I have known the prisoner about two years—he used to supply me with wooden type and different articles at times—about the 28th of December he called, and asked me to give him a job to cut some wood-letters—I said I wanted an old fount made complete, and ordered him to cut me a certain number of letters—in the afternoon he brought me a sample of letters, and said, if that would do I could have it at half-price, as he had taken it in exchange—he brought it to me the same evening—I said I would make shift with them, and bought them of him.
Prisoners Defence. Mr. Holland owed me some wages—I could not get them, and was obliged to take the type to get food.
DAVID HOLLAND re-examined. It is not true—he came to work on the Monday before Christmas—I had some handbills to do for a draper—he worked part of the day, and then I did not see him again till after Christmas—I did not owe him any thing.
GUILTY . Aged 20.— Confined Eight Days.
Before Mr. Justice Williams.
768. EDWARD MURPHY was indicted for unlawfully, maliciously, and feloniously assaulting Daniel Mahoney, on the 28th of December, and stabbing, cutting, and wounding him upon his left thigh and head, with intent to kill and murder him.—2nd COUNT, stating his intent to be to maim and disable him.—3rd COUNT, to do him some grievous bodily harm.
DANIEL MAHONEY . I am a shoemaker. The prisoner lodged with me for nearly twelve months, at No. 8, Queen-street, Mint, in the Borough. On the 28th of December, between nine and ten o'clock at night, I went up stairs to a room on the third floor, for a bed, which I had lent to two young women five or six weeks before, as they had none to lie on—they were no relations of the prisoner, nor did they live with him—he lodged in the same room With me on the first floor—when I went up I found the door shut—I knocked at it, and was answered by the prisoner, and he said, "I will get the bed immediately"—in five or six minutes be opened the door, and said, "Here is your b——bed"—the bed was then rolled down stairs, and he held a light in his hand, and said, "Come, you can come in and see if she is here"—I went in and told him it made no matter to me where she was, but he should be ashamed to commit such nastiness in a house where so many people lived—(I had been told that he and the young woman Mary Hurley had been in bed together that night, which made me go up for the bed)—there was no woman in the room then—there was a candle in the room, and a fire too—the prisoner had the candle in his hand—he said, "There are so and so bad in the house," alluding to other lodgers—I came down to my own room—I went up again in a minute or two afterwards, and when I got very near the door the prisoner threw the candlestick from his hand into the room—he was inside the room—I observed the light
thrown on the floor as I stood on the stairs—as soon as I crossed the door, and got into the room 1 received a stab on my left thigh in front, from the prisoner—I fell on the boards, as my flesh trembled—I fell right on the spot—I called out to Fitzgerald, the landlord, and told him my leg was broken—he was in my apartment at the time—I said nothing lo the prisoner—Fitzgerald came to my assistance, and as soon as I got up I fell again on the floor, and remained there some time—I had not felt any thing else done to me before Fitzgerald came—I could not remember what passed after the second fall—I became quite stupid after receiving the stab—I fell in attempting to get up of my own accord—that was after Fitzgerald came in—I did not know of any other harm being done to me except the stab on the thigh, but I found afterwards that I had received eight cuts, two on my forehead, and the remainder about my head, before and behind—two were on the back of my neck—I perceived that when I got to the hospital, about eleven o'clock the same night—I cannot tell when or how they were done—I came to myself at the hospital—I had a stab in the breast of my shirt, but it did not go quite to the flesh—it was a stab, or cut—it was done at the same time—I had not done or said any thing to the prisoner—I never offended him at all—I was ill from the 28th of December till last Monday morning—I was an in-patient of Guy's hospital till then.
Prisoner. I was in his company all Christmas week, drinking from one public-house to another, and lent him money to spend. Witness. I was with him sometimes, having been together, several times for a couple of days—he did not lend me money—he gave me some which was due to me for rent—I did not borrow half-a-crown of him—I did not ask him for it—he told me he might as well give it me then as at another time—that was on Thursday morning, I think, the morning after boxing-day—more than that would fall due to me on the Saturday night following—it was not due until the Saturday—he was paying me 4s. 4d. for lodging, tea, and potatoes.
Prisoner. On the Saturday following I lent him another shilling. Witness. He gave me another shilling—that was the same as the first, for rent—there was 4s. 4d. due.
Prisoner. His wife-lent me an article to go and raise money on to spend in drink, and the last shilling he had was out of that money. Witness. I know nothing of that—he told me he had borrowed it of the landlord underneath.
SARAH PLEDGER . I am a married woman. I know Mahoney and I have known the prisoner a short time. On the night of the 28th of December, between nine and ten o'clock, I was there—I went up stairs to the first room for some money which Mary Hurley owed me—I went to her room, but received no answer at the door—I came down again, and met the prosecutor's wife in the passage—I then went up to Mahoney's room, and in about twenty minutes he went up stairs for the bed in Hurley's room—I was down stairs in his room, and saw him bring the bed down—he only remained a few moments, and then went up stairs to the same room after some chairs—I was on the stairs behind him at the time, the door was open, and I saw the prisoner there before the light was put out—there was a candle when Mahoney first entered the room, but it was knocked out of the prisoner's hand—I cannot say whether he dropped it, or whether it was knocked out of his hand; but if it was, it was by Mahoney falling at the time—I saw the prisoner hit Mahoney about the head, as I thought, with his fist—Mahoney was
down on the floor at the time—I did not observe how he came there—he fell right in the moment he entered the room, and the prisoner fell on the top of him—I did not hear a word spoken—Fitzgerald lifted Mahoney up, and was carrying him down stairs, and then I saw the prisoner take and kick him either about the shoulders or head, I cannot say which—it was a kick with his foot, not a blow—after the prosecutor was brought down I went up again with a light, and saw blood on the floor in two or three places, but it had been wiped up—I could see the places where it had been—there were two big places—Mahoney was in a dreadful state when he was brought down—I thought his bowels were in his small clothes—he was very insensible—we could make nothing of him—he was taken to the hospital in about half-an-hour—he got his senses a little before he went, but not much, I think—I cannot say whether the prisoner had any thing in his hand at the time he hit him—I did not see any instrument till I saw a piece of a knife produced next morning, which was found by the police in the next garret.
Prisoner. I had been in her company along with the other woman that night—she was dancing along with me and the other woman. Witness. I was not—I never saw him on the Saturday night, only when he had a bunch of turnips, when he was at market with his wife—he was not sober when I saw him in Redcross-street, about three quarters of an hour before this happened—he was in liquor then.
PETER LOGAN . I am a policeman. On the night of the 28th of December, I went to this house, No. 8, Queen-street, Mint, at very near ten o'clock, and went to an up-stairs room—I did not get admission on knocking, and broke the door open—I found nobody in the room—I saw the stairs were clotted with blood, and the floor of the room had blood fresh wiped off it—I only noticed that in one particular place on the floor, but on the stairs there were several places where the blood was not wiped up—it was between the two stories—I took the prisoner, about a quarter-past ten o'clock, in the adjoining garret—I asked him if he had got a knife about him—he said he had not—I asked him no more questions, but took him into custody—he was asked what he had stabbed the man with—he said he had no knife—I saw part of a knife picked up under a table in the garret where we found him—it appeared fresh broken—I found nothing more that night—I returned next morning, and a person who rented the garret, gave me the other part of the knife—she is not here—it is the point—I think it corresponds with the other part, but there is some doubt about it—where the woman found it I cannot say.
JOSEPH RICHARD BEDFORD . I am a student at Guy's Hospital, and have been so six years and a half—I am twenty-four years old. On the 28th of December, the prosecutor was brought in about eleven o'clock at night, in a state of considerable exhaustion—I examined him, and found a very severe wound on the left thigh—it passed inwards and downwards, and was between four and five inches in depth—there must have been a great loss of blood—that was apparent from the state of his clothing—it was not bleeding the moment he arrived, but very shortly after it did bleed—I observed, I think, eight cuts on his head—they were merely su-perficial cuts—they must have been done by a cutting instrument of some sort—the wound in the thigh must have been made by a pointed and cutting instrument—he remained there until last Monday morning—the wound is not quite healed yet—there was very great danger attending the
wound at first from the loss of blood, and from an operation that might have been required—he might have bled to death—I think this knife formed one blade, but there seems a portion of it gone now—if that was an entire knife, I think it possible it might have made the wound in the thigh—I think it must have been a sharper instrument, but it is possible.
Prisoner. I have only to throw myself in the hands of you and the jury—I will ask the prosecutor as to my character.
GUILTY . Aged 38.—On the 3rd Count.— Transported for Fifteen Years.
Before Mr. Sergeant Arabin.
GEORGE HASLER . I am a cow-keeper, and keep vans and carts. The prisoner was driver of my vans for nine or ten days—I paid him 3s. a week and his board—on the 13th of December I gave him 34s. to go to the Vauxhall gas-work for two chaldrons of coke—I said I did not know exactly how much it would be—I never saw him again till that day month, and then took him—I never got my money back—he sent the van home empty by a little boy.
Prisoner. You gave me no money, your wife did. Witness. You had part of me and part of her.
(The prisoner received a good character.)
GUILTY . Aged 22.—Recommended to mercy.— Confined Three Months.
770. MARY ANN WILLIAMS and MARY BLUNDELL were indicted for stealing, on the 10th of January, 42 yards of lace, value 5l. 15s.; and 14 yards of ribbon, value 6s.; the goods of William White and others.
MR. CLARKSON conducted the Prosecution.
EDWIN MILES . I am in the employ of Messrs. White, Greenwood, and Co., linen-drapers, in Black friars-road. On the 10th of January both the prisoners came in, about four o'clock in the afternoon—they sat down, and one of them, I cannot say which, asked to look at some white jean—I cut off two yards from one piece—one of them asked to look at some ribbon—I produced several boxes, five different lengths were cut off, and they were put together—I think I produced three boxes to them, and in one of them was a particular piece of rose-coloured ribbon, which I recommended to them—it was the only one of that sort we had—when I had cut off the other ribbon I went to take up that ribbon to show to them again, and missed it—it had been in the third box which I showed them—amongst the five pieces which they had bought then some of them were ribbons for strings—one of them, I cannot say which, asked for edging—I left the spot where I was for the purpose of getting it, and as I returned with the box they were sitting side by side, and I observed Williams give something to Blundell—I took no notice, but produced the box of edging—it would not suit, one of them asked to look at some better; and one of them, I think it was Blundell, asked me to leave that box there—I said I was subject to a fine
of 1s. if I left the box, but any piece that they selected I would leave—they selected one piece, which I left on the counter, and got another box, but before I showed it to them I counted the cards of lace that were in it, and there were twenty-one—they selected three yards, at 20d. a yard, from one piece—I cut that off, and then put the cards of lace into the box again, and took the box into the cloth shop—I counted the cards over, and found there were three missing—Blundell had requested me to make out the bill, and said she was in a great hurry to go to tea, or something of that sort—I communicated the loss to Mr. Hubbard, my employer—he went and spoke to them—they went into the counting-house, and there Mr. Hubbard charged them with stealing some lace—they were surprised, but I was outside, just at the door, and did not particularly notice which of them spoke—after that Williams sat down in a chair, and I saw her take the lace from under her shawl, and throw it on the floor, under the chair—I then went for a policeman, and, on my return, I charged Blundell with stealing a piece of ribbon—she was then standing up, and Miss Stroud was standing by—I do not think Blundell made any reply, but she stepped aside—Miss Stroud stooped down, and picked up the ribbon from under her feet—it was the piece of ribbon that I had misted from the box—the pieces were then measured and delivered to the officer—the value of the lace and ribbon is rather better than 6l.—these three pieces of lace on the cards (examining them) had been in the box which I took to them to see, and none of these had been cut off and purchased—on picking up these goods the prisoners pleaded innocence—they began to cry, and said they would give any money to settle it, as they were respectable persons, and they did not wish to be exposed—that was the expression of Blundell.
Cross-examined by MR. PHILLIPS. Q. Which of them asked for some jean? A. I do not recollect—when customers come in in company I do not notice which asks for an article—I might have said which of them asked for it when I was before the Magistrate, when it was taken down—I forget whether I said it was Williams—I might say so then, because the time was short—I have had a good deal to put up with since then, and a good many customers to attend to—I cannot say whether I have ever said it was Williams who desired me to cut off the two yards—I have been at the attorney's in Hatton-garden since I gave evidence before the Magistrate.
Q. Have you ever said before to-day that Blundell said she was a respectable person, and did not wish to be exposed, except before the Magistrate? A. Yes, she said so—Mr. Hubbard and Miss Stroud were present, and the policeman—I forget whether Blundell denied having any ribbon or not, when I charged her with it—I do not recollect all these little items—she offered some money to Mr. Hubbard to settle it—the policeman was then present, also Miss Stroud and myself.
Q. Is this your signature to this deposition? A. Yes—Blundell did deny having the ribbon.
Cross-examined by MR. ROWE. Q. What do you mean by persons being in company? A. When persons come into a shop, and sit down, and enter into conversation, I consider they come in as friends—I have seen persons speak to each other in the shop—we sell a great many more sorts of lace—there may be fifteen or sixteen sorts—if asked for lace, I certainly should ask them what sort they wanted—the prisoners sat down close to the counter—I put the things they ordered together—they did not tell me to do so—if I recollect rightly, Blundell was standing up and
Williams was sitting at the time that Mr. Hubbard spoke to them—Williams was as near to the counter then as she was when I was serving her—I put the box before them, and both of them looked at the lace—I think there were nineteen pieces in the first box—I put them out on the counter, and put them into the box again—I did not count them—I missed the ribbon before I showed them the lace—when Mr. Hubbard went to the prisoners he asked them to walk into the back premises, and said he had something to show them—he asked them if they were satisfied with the goods—Williams had a squirrel tippet on, in the shape of a shawl—I saw her throw it open in the ware-room—I examined it, but did not find any pocket in it—I looked pretty sharply after them when they were at the boxes—I do not recollect how many pieces Williams took in her hand, perhaps half-a-dozen, or more—she laid them on the counter again—I do not say that she laid down all that she took up—I saw her throw the cards of lace under the chair in which she was sitting—she brought them from under her shawl in her hand, and sat down in the chair, and slipped them under the chair—I did not see any one drop the ribbon—I do not recollect having seen Williams in the shop before—they both looked at the ribbons—I do not think Blundell took it up out of the box—I did not give any bill to Williams—I did not tell my master, as soon as I had missed the ribbon, because I would be positive about it—I was positive the ribbon was gone.
DANIEL LOVETT HUBBARD . I am a partner in this firm—Mr. White's Christian name is William, and there are two other partners. On the 10th of January my attention was called by Mr. Miles to this transaction—I went to the place where he had been serving, and saw the two prisoners—I first asked them if they had got all that they required, and then I told them I wished to speak to them—they followed me, and I preceded them to the private counting-house—I told them I suspected they had stolen some goods—I addressed myself to both of them, because I did not know which of them it was—they appeared quite indignant that I should suspect respectable women like them—I told them I must have them searched, and whichever it was, contrived to slip the goods down from them—they both stood part of the time, and sometimes one of them sat—one or both of them contrived to slip the goods from them, but I did not see them do it—I had walked into the counting-house before them, and took notice whether there was any thing lying about—I saw every thing was perfectly clear, and when I had been there a few minutes I saw there laid on the floor three cards of lace, close to the prisoners, which was the number Miles told me he had lost—I sent for a policeman, and tried to ascertain where the prisoners resided, that we might have had their lodging searched—I asked them where they resided—they offered to pay for the goods, and begged and prayed, and said they would go on their knees if I would excuse them—I am quite certain that is the substance of what was said by both of them.
Cross-examined by MR. PHILLIPS. Q. Did both use the same expression? A. They used similar—I do not mean that I am giving you the precise words—Miss Stroud, and, I believe, Mr. Miles, were present when they said they would go on their knees—I think the policeman was present, but I am not certain—I saw the ribbon after it was picked up.
Cross-examined by MR. ROWE. Q. Where was Miles when you found the lace? A. He was either just outside, or just inside the door, but I
think, he was not in the counting-house—the prisoners had not been above five minutes in the counting-house when I found the lace—I was nearer to them than Miles was—if he had come into the counting-house, he must have passed me—I did not see the lace dropped—I took it up—I do not know whether any one called my attention to it, or whether I saw it, and took it—I think I spoke to the prisoner immediately—there might have been five minutes elapse between the ribbon being picked up and my taking up the lace.
SARAH STROUD . I am employed in the shop of Messrs. White and Co. I was called into the counting-house on the 10th of January—I went in with Mr. Hubbard, the two prisoners, and Mr. Miles—Mr. Hubbard accused them of stealing some goods—they said they were innocent, and at the time Williams dropped three cards of lace I saw them on the floor—after the lace was found on the floor, Miles accused Blunden of having a piece of ribbon—she said she was innocent—she moved a little aside, and I saw the piece of ribbon under the place where she was—I am sure that when I went in the ribbon was not there—I did not mark it, but I saw it marked—this is the piece, and these are the three cards of lace—(examining them)—the prisoners said they would pay the amount, be it what it would, as they had sufficient money in their pockets—they begged to be forgiven, and wished to go home—Blundell said she was a respectable married woman, and begged to be let go home to her family—they said they were not aware how the goods came into their possession—Mr. Miles was part of the time in the counting-house, and part out—I think he was not in at the time I saw the cards of lace.
EDWARD ELLIOTT (police-constable L 111.) I received charge of the prisoners with this lace and ribbon. Both the prisoners said they were innocent—some money was found on them by a woman who searched them—I gave it up to Mr. Baynes, by order of the superintendent—there was 14l. 11s. 6d. found on Williams, and 2l. on Blunden.
NOT GUILTY .
771. CAROLINE HOPKINS was indicted for stealing, on the 11th of January, I apron, value 9d.; and 1 pair of stockings, value 9d.; the goods of Eliza Emmens: also, on the 11th of January, 1 petticoat, value 1s. 6d.; 1 apron, value 6d.; 1 collar, value 6d.; 1 cap, value 2d.; 1 handkerchief, value 2s.; 1 habit-shirt, value 2s.; the goods of Mary Walsh: and 1 shawl, value 2s.; and 1 handkerchief, value 6d.; the goods of Charles Agar, her master; to which she pleaded
GUILTY . Aged 16.— Confined Six Months.
772. MARY ANN BARNETT was indicted for stealing, on the 31st of December, 1 watch, value 3l. 15s.; 1 watch-guard, value 2s.; 2 rings, value 2l.; 1 bag, value 10s.; 1 box, value 3s.; and 1 cream-pot, value 1s., the goods of George Walker, her master.
GEORGE WALKER . I live in Canterbury-place, Lambeth. The prisoner was my servant—on the 31st of December my wife went out, and the prisoner wanted to go out, to which I consented—when I came home that night, I was informed of something—I went into my bed-room, and missed the property stated—this is mine—(looking at the articles.)
Cross-examined by MR. CLARKSON. Q. How long had she been in your service? A. About three months—I took her without a character,
in consequence of her saying she had not been out before—she is one of thirteen children, and her mother is now confined.
JOHN REDDINGTON . I am a printer, in the employ of Mr. Darling. I know the prisoner—on the 31st of December she came to Mr. Darling's office—I showed her and her sister some printing—we then went to her mother's in the Borough, and stopped till about half-past nine o'clock—when she first came to me she had a parcel, and when she left her mother's she had two parcels—I said, "Allow me to carry your parcels"—she said, "Take this little one"—I took it, and we went on to the Lambeth-road—I was then going to give the parcel to her, and she said "Keep it till I ask you for it"—I went on the Friday to her master's, and she came out—I went again on the Sunday, and she did not come—I went to her mother's—she had not been home—Mr. Walker afterwards came to my master's, and I gave up the parcel to him.
Cross-examined. Q. How old are you? A. Twenty years—the parcel was in brown paper, tied with a bit of hemp—I never had the curiosity to undo it till after Mr. Walker came to my master's—I did not think it strange that a young girl of about sixteen, in service, should give me a parcel to carry, and then say I might as well keep it—I have known her about two months—I became acquainted with her by meeting her in Lambeth-marsh, one Sunday evening—it was raining very fast—she had no umbrella, and I had one—it was somewhere about eight o'clock at night—I had been at work at my master's till lateish in the afternoon, and I was then going home to Kennington, and met her near the Victoria theatre—I walked with her to her master's door—I think we went past the door—I did not know her master's house then—I went after her again on the following Sunday, and met her near her master's house—I inquired if she was in the habit of coming out on Sundays—I think we went to chapel—I did not actually ask her if she would allow me to visit her, but I said I should come up on the following Sunday—I cannot swear whether she told me her mistress did not allow her to have visitors—I went to her very often at night, up to the gate—I never went inside—I walked about with her—the latest time was half-past nine o'clock—she could not get out later than when she fetched the beer—I do not recollect whether I asked her if she could get out to walk—she said she was going out on the Monday.
Q. Did you want money? A. No, I was not in debt—I never told her I was—I did not tell her to bring something with her for me to raise some money on, as I wanted some very bad—I never said that if the things were missed before I could redeem them, I would take the blame on myself—I never said such a word, nor any thing relating to it—I said, "If you come to the office, perhaps I may be able to get out a quarter of an hour before my time"—I told her to come to me, and she came with her sister—I came back with them into the Borough—she had a parcel when she came to the office, and when she came from her mother's she had two parcels—I did not carry the parcel when she went from the office to her mother's.
Q. Did you take her into a linen-draper's shop, and buy her a new gown? A. Yes—I then went with her and her sister, to her mother's, and produced the gown to her mother—we played a game or two at cards with some friends there—when we left her mother's we went through St. Thomas's-street; it was then I asked to carry the parcel, and she gave me this one.
Q. Did you stop under a lamp to see what was In the parcel? A. No—she stopped when she gave it me—I do not recollect stopping under a lamp—I did not say that the paper the parcel, was in was not strong enough, and I would put it into a stronger—I do not recollect that any thing passed about the paper not being strong enough—I walked home with her to her master's, and there I bid her good night—I saw her on the Friday night after—I cannot recollect how long it was after I received the parcel that she was given into custody.
MR. WALKER re-examined. I had a great deal of difficulty in ascertaining from the prisoner where Reddington worked—she never told me she gave the property to him—I questioned her about the dress that she brought home—I went and told Reddington's master as soon as I found him out, and Reddington brought the property to me on the Saturday after I had been to his master—I think it was on the 18th of January.
(The prisoner received a good character, and Mrs. Young, of St. Thomas's, Broadway, engaged to take care of her.)
GUILTY . Aged 20.—Recommended to mercy by the jury, who expressed their abhorrence of the conduct of Reddington.— Confined Three Days.
GUILTY . Aged 40.— Confined Two Years.
774. WILLIAM ROWLAND was indicted for stealing, on the 21st of January, 3 pairs of uppers for shoes, value 3s.; 4 pairs of boots, value 7s. 6d.; 3 pairs of shoes, value 3s.; and 2 half skins of leather, value 3s.; the goods of James Towers, his master.
JOHN STEVENS GEORGE . I am servant to Mr. James Towers, of Jamaica-level, Bermondsey. The prisoner was employed there—on the evening of the 21st of January he was on the premises—my master stopped him, and desired me to search him—I took this bundle from his pocket, which contained three pairs of upper leathers for shoes—I went with the officer to the prisoner's lodging, at No. 2, Cherry Garden-street, where I found some pieces of leather, which are my master's.
Prisoner. These uppers you gave me in the morning—they were not marked—I asked if you wished to have them back, and you said, "No, never mind"—I put them on a shelf, and when I went home to dinner my wife said, "Give me more binding"—I put these into my pocket to take home—I never intended to steal them. Witness. It is not so—my master has every thing entered previous to leaving the premises—the prisoner's wife had eight pairs by her at that time—this property found at his lodging he had no right to have—I remember any master buying twenty dozen of these skins—they were given to me, and I gave them out, as they were wanted to be cut up.
Prisoner. They never belonged to Mr. Towers—I bought them of a manufacturer who was, going to Wales. Witness. I can swear they belong to Mr. Towers—I found this sole in his lodging, which has our mark on it, and here is the stamp it was marked with.
JAMES BISH (police-constable M 216.) I went to the prisoner's lodging, and found these things there, and twenty-six duplicates, seven of which relate to boots and shoes, which I found at the pawnbroker's.
Prisoner's Defence. A number of them were undone at the heels—I
took them home for my wife to mend; I was in distress, and she pawned them, as I had an execution against me.
MR. JONES re-examined. He did tell me there was an execution in his house for debt.
GUILTY . Aged 48.— Confined Six Months.
Before Mr. Sergeant Arabin.
775. EDWARD GEORGE NASH and CHARLES BENNETT were indicted for stealing, on the 23rd of January, 1 funnel, value 6s., the goods of George Castle, the younger, in a vessel in a port of entry and discharge.
JAMES MURPHY . I am ship-keeper of the brig Deborah, which was lying in the Surrey canal. On the 23rd of January I lost a funnel from the deck, which belonged to George Castle, the younger—this is it—(Producing it)—I had seen the prisoners about, but they had no right on board.
WILLIAM FALKENER . I was employed on board the Nereus, which was the next vessel but one to the Deborah. On the 23rd of January I saw the prisoner Bennett on board the Deborah—he went aft, and knocked his hand on the companion—Nash was on shore—Bennett spoke to him, and told him the companion was locked up.
CHARLES JOHNSON . I am an officer. The ship-keeper complained of having lost this funnel at the dock-gate, and I went after the prisoners—I saw them in the boat—they went to the opposite side of the dock, and there escaped me—I went into the street, and apprehended Nash—he said, "It was not me"—I said, "Whether it was you or not, you must go with me"—in going up the street we met Bennett—he said, "What do you want with me?"—Nash said, "He wants you respecting the funnel you stole from the old lame ship-keeper"—in going along Nash said he would show me where the funnel was—Bennett said, "You can't, for I have removed it"—I left Nash in custody, and went with Bennett, and found it in Charlotte-row in a dust-bin—the canal is a dock of entry and discharge.
Bennett. I throw myself on your clemency—it is the first act of dishonesty I ever was guilty of.
(Nash received a good character.)
NASH— GUILTY . Aged 16.
BENNETT— GUILTY . Aged 16.
Of Larceny only.—Recommended to mercy.— Confined One Month.
Before Mr. Common Sergeant.
MR. PRENDERGAST conducted the Prosecution.
JOHN STRIDE RIPLEY . I live at Wandsworth, and am a tallow-chandler. On the 19th of November I bought two dozen of patent palm wax candles at Blundell's manufactory, at Wandsworth—the prisoner served me—I paid him 24s. for them—this is the bill and receipt.
Cross-examined by MR. PHILLIPS. Q. Are you acquainted with the prisoner? A. Yes—I have found him highly respectable—he is a German, I believe, and speaks English very imperfectly.
GEORGE DIXON LONGSTAFF . I am superintendent of Messrs. Henry Blundell and Co.'s manufactory, at Wandsworth. The prisoner was their foreman, and lived on their premises—it was his business to sell goods, and receive the money for them, and he was to account to me for it on the Saturday—sometimes he handed money to me on the day he received it, but always on the Saturday he accounted to me for what he had got that
week—I was at the manufactory on the 19th of November—I believe I saw the prisoner there—he did not account to me then, or at any other time, for 24s. received from Mr. Ripley—he kept a book in which it was his duty to enter all the goods that went out, and if they were paid for, he was to enter them as paid—I have the book here—(producing it)—here is an entry to Mr. Ripley on the 12th of November, and another on the 20th of November, but this 24s. is not entered, and he never paid it to me—this is the book in which he ought to enter all candles that went out, and there is no entry of these.
Cross-examined. Q. This young man is a Prussian? A. I believe he is from some part of Germany—he does not speak English very imperfectly—when there has been a bill to make out he has come to me to write down English names for him—I think it was Professor Rungay who brought him over—I am not aware that the prisoner was in possession of the secret by which these particular candles were made—he never imparted any secret to me—there is no secret but what is published, we work under a patent.
Q. Has not the prisoner paid you money which it turned out he had not received? A. I believe he has in one instance—I did not know it at the time, but I know it now—he paid me money on account of a person—I saw the person afterwards, and he said he had not paid it—when the prisoner was in prison two persons came to the office, and made a search while I was there—they searched a certain cupboard, and there was found 5l. 10s. in money laid up there—that was more than sufficient to have liquidated all the indictments against him—I never asked him to account for these individual sums—he had been about two years in the service to my knowledge, and I believe altogether about three or four years.
COURT. Q. On one occasion he made a mistake against himself, did you ever give him an opportunity of explaining this transaction? A. I certainly did not ask him specifically to explain why he had not accounted for this sum on the 19th of November.
MR. PRENDERGAST. Q. Just tell us the particulars of finding this money? A. Daniel Staples came up to me in the street—he delivered me a message, and I turned back with him—(the prisoner was at that time committed)—I went to the office in the factory with Staples—Pullen was called, and he and Staples looked in the office, and found a paper tied with tape, containing five sovereigns and a half—Staples is acquainted with the prisoner.
DANIEL STAPLES . I went to Mr. Longstaff, and with him I went to the office in the factory—I found the parcel containing the money—the prisoner had told me where the money would be found, and it was done up in a bundle—Mr. Pullen has got it—it was on the top shelf, behind the upright—Mr. Pullen got up and took it down—I could not see it at first—the prisoner gave me directions to take it to my master—he was taken into custody on a Thursday, and on the Monday after E went to the factory, and found this money—I do not know whether his wife had access to the office—she lived on the premises till the last day or two—the counting-house is on the opposite side to her house—I never saw her having any thing to do with the counting-house.
Cross-examined. Q. How long have you been in the employment of the firm? A. Nearly four years—I have known the prisoner three years and a half—he has had a great deal to do in, the way of business, and a great deal of money to receive—he was always very strict with me, and very honest.
COURT. Q. Was the cupboard locked in which the money was? A. I did not take notice.
GEORGE LONGSTAFF re-examined. The prisoner's wife remained in her usual place of abode on the premises—the key of the counting-house was usually laid on the ledge above the door—it was kept in the prisoner's house, and he had the charge of it—when he went to prison I took the key myself, but it was sometimes left in the door, and I sometimes went down the yard for an hour, and during that time any one on the premises had the opportunity of going into the counting-house—the top shelf in the cupboard was not a place for money at all—I did not find the parcel—I was in the room when they opened the cupboard-door, and I did not see the parcel—it was not the business of the prisoner to keep such a sum of money as that.
COURT to DANIEL STAPLES. Q. You saw the prisoner, did you, on the subject of this money? A. Yes—he told me to tell master that he wished to see him about this money—I went to Queen-street, and told master, and I understood master would not go—the prisoner said he wanted to tell him where the money laid—he said there was 5l. 10s. belonging to Mr. Longstaff, on the top shelf in the counting-house—I went and met Mr. Longstaff in the lane—he went back with me, and we found the money.
JOHN BARNES (police-constable V 75.) I took the prisoner after he was committed—he said he thought his case was a very hard one, as he was quite ignorant of any injustice towards his employer—if he had made a mistake, it was no more than he had done before, and, if so, the candle money must be with the soap money—he said at the Magistrate's that he was allowed to serve soap to persons on the premises, and that money he had not accounted for, it was still in his possession.
NOT GUILTY .
MR. PRENDERGAST conducted the Prosecution.
JOHN FUTER . I am a labourer in the service of Messrs. Blundell. On the 28th of December, I received from Mr. Richard Sarjeant 11s. 6d. for candles—I gave that money to the prisoner, who was against the counting-house door—I am sure I handed it over to him, and told him it was money from Mr. Sarjeant—he said nothing particular—I do not know what he did with it—there were seven shillings amongst it.
GEORGE DIXON LONGSTAFF . The prisoner was in the employ of Messrs. Henry Blundell and others—it was his duty to pay me the money he received—on Saturday, the 28th of December, he did not account to me for this 11s. 6d.—I do not recollect his accounting for any money that day—here is the book in which he entered what goods went out, and he ought to record here what money he received for candles, and here is no entry on that day—here is another book in which he ought to put down what he received for soap—when the servants received money, it was their business to give it to the prisoner at the time, and he should hand it to me—he
should have entered the money and goods here—here is a soap account, which is not settled—that account began before the 28th of December—the last soap account that was settled was on. the 23rd of November—after he went to prison there was a sum of 5l. 10s. found—that was more than the money that was due from him for the soap he had sold—there was one cwt. of soap, which he had sold for 1d. a lb., that would come to about 3l. I believe—the soap account was not settled—that and the candle account were kept distinct—they were not entered in the same book—the 10th of January was the first time I had reason to suspect he had done any thing dishonest, and I asked him if Mr. Sargeant had been lately to get candles—he said, "No"—I looked in the book, and found the last entry was in October—I asked the prisoner if he had had any candles since October—he said, "No"—I said, "Are you sure you have made no mistake, and there is no forgetfulness in the matter?"—he said, "Certainly not"—I am certain I asked him if he had received money for candles from Mr. Sargeant during the month of December, and he said, "No."
Cross-examined by MR. PHILLIPS. Q. Was he to have received from your firm, at any time, a sum of 200 dollars? A. Not to my knowledge—the first I heard of that was when it was mentioned by a person a few days ago—the prisoner once informed me that Dr. Rungay had promised him a gratuity, but I do not recollect that be mentioned any sum—I do not think he