CENTRAL CRIMINAL COURT.
SIXTH SESSION, HELD APRIL 6TH, 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, April 6th, 1840, and following Days.
Before the Right Honourable Sir CHAPMAN MARSHALL , Knt., LORD MAYOR of the City of London; Sir Joseph Littledale, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Edward Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer: Sir Matthew Wood, Bart.; William Venables, Esq.; Sir John Key, Bart.; and Thomas Kelly, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Pirie, Esq.; John Lainson, Esq.; James White, Esq.; John Humphrey, Esq.; Michael Gibbs, Esq.; John Johnson, Esq.; and Sir George Carroll, Knt.; 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 New-gate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
MARSHALL, MAYOR. SIXTH 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, April 6th, 1840.
First Jury, Before Mr. Recorder.
GUILTY . To enter into his own recognizance to appear next Session to receive judgment.
1019. RICHARD SAUNDERS and JOHN BIRD were indicted for burglariously breaking and entering the dwelling-house of John Smith, about the hour of nine in the night of the 24th of January, at St. Paul, Covent-garden, with intent to steal, and stealing therein, 16 spoons, value 10/.; 1 pair of sugar-tongs, value 16s.; 1 pair of nut-crackers, value 2s.; 2 coats, value 5l.; 2 waistcoats, value 30s.; 28 yards of woollen cloth, value 20l.; 110 yards of cassimere, value 40l.; 15 yards of Valencia, value 5l.; and 7 yards of velvet, value 7l. 7s.; his goods.
MR. CLARKSON conducted the Prosecution.
JOHN SMITH . I am a tailor, and live at no. 17, Tavistock-street, in the parish of St. Paul, Covent-garden. On the 24th of January I had a person in my employ named John Hall—I went to bed that night about five minutes past eleven o'clock—before I went to bed I fastened all the bolts and locks of the doors—I fastened the street-door myself—I have a coal-hole opposite the house covered by an iron plate—if the plate is taken up, a boy could get down—I have measured it—I came down stairs next morning (Saturday) at seven o'clock, and found a door, in the passage leading into the shop, broken open—that had been locked and bolted the night before—I went into the shop, and found every thing in confusion—a square of the glass of the door had been cut away entirely—part of the door is glazed—the bolt of the door is inside—moving the glass would enable a person to undo the lock, the key being inside, but the bolt was forced—it was entirely broken away by force—it is not an outer door—I missed several pieces of black cloth, several rolls of kerseymere, a quantity of waistcoat-pieces, two suits of clothes, and the best part of the propety of the shop—the plate was kept in a drawer in the kitchen, and from there were taken some silver table-spoons, some salt-spoons, gravy-spoons, nut-crackers, and a tea-caddy—the parlour door was forced open—I lost, in all, property to the amount of 110l.—it would cost that to re-purchase it—the coal-cellar door has no fastening to it—if a person dropped down the
hole they could get into the kitchen by opening a window opposite to the coal-cellar, which was shut down, but was never fastened—it required some strength to move it, for the servant never could lift it up—Hall was an out-door apprentice, and had been with me six months—he was apprenticed for three years—I know nothing of the prisoners.
JOHN HALL . I have been in Mr. Smith's service for six months. I have now come from the infirmary of Newgate—I have been there ever since the Saturday morning after I was taken—I have been in custody twice before, the first time was for being seen with a young man of bad character, I was put in Clerkenwell prison, and remained there a week; the other time was, nearly twelve months after, for being seen with two bad characters—the first time was about three years ago, and the last time about a twelvemonth ago—I was a month in the City Bridewell the last time—I am eighteen years old—I have known the prisoner Bird six months, and Saunders about the same time—I was in the habit of meeting them both at the Duke of Argyle public-house, in Laystall-street, at different times, very often—I know a boy named Charley—he is about eighteen or nineteen years old—he is not as stout as me—I also know a man named Mitchell, he lived in Petticoat-lane, Whitechapel—I became acquainted with him by seeing him in company with Saunders, and I became acquainted with Charley by seeing him in their company—On Friday evening, the 24th of January, I met the two prisoners at the Duke of Argyle public-house, and for two or three evenings before—it was suggested by Saunders that my master's house should be plundered—he persuaded me to rob my master two or three days before the robbery was actually committed—we met at the Duke of Argyle public-house, in Laystall-street, to arrange it—Saunders, Bird, Mitchell, another man, and the boy Charley, I believe, were present—we were together there on the night of the robbery; I believe it was after eleven o'clock—Saunders asked me where the money was kept—I told him I did not know—he asked me where the plate was kept—I told him, in the back-parlour—Saunders proposed that the coal-hole plate in the area should be taken up, and that the boy Charley should go down it, get into the area, and make his way into the house—five of us went to the house, Saunders, Bird, another person, myself, and Charley—Mitchell said he would buy any thing we got from the house—we did not go straight from the Duke of Argyle public-house to my master's, we went into a public-house in Holborn first—I do not know the sign, but it is on the left-hand side—I was never there before—Mitchell paid for half-a-pint of gin there, and wished us good evening—we then went to my master's—it may have been a little after twelve o'clock when we got there—the coal-hole plate was taken up by one of them, I do not know which, and the boy got down, went through the kitchen, and opened the street-door—I saw him go through the area window—I remained till the street-door was opened—Saunders was outside stopping by me there, about two or three yards from the door—Bird and the other man went in—Saunders said I had better go home, and to meet him at his own house, in Bedford-court, Bedford-street, eight o'clock next evening—I went away by his persuasion—I went to my master's next morning, as usual, and in the evening I went to Saunders's house, as he had appointed—I saw him there, and he said he had fetched the cab to Mr. Smith's house at three o'clock in the morning, and taken away the goods, which were put in the passage, to Mitchell's house, in Petticoat-lane, and there sold some of it, I believe,
to him, and that there was a portion of the money for me, which he gave me, it was six half-sovereigns—that was all I received—I believe Mitchell is a Jew—Saunders said he had sold it to Mitchell the Jew, for 15l., and three sovereigns was my share of it—he said there were some cloths, velvets, two suits of clothes, and some plate, which he had taken away—I did not tell of this till I was taken into custody—I do not know when that was—I believe it was a fortnight afterwards, or more—I told the story to my master, in the officer's presence, and went with Weston the same evening to a public-house in Leather-lane, I do not know the sign—we went there with the intention of getting Bird, because that was the house he used—the officers were disguised—we found Bird there after a time or two—we went and took a walk, returned, and then found him there—I went up and spoke to him, and had something to drink—I then asked him to come along with me—(the officers were with me)—he said he would, and he did go as far as Greville-street, Leather-lane—I asked him two or three different questions—he said the boy that did the robbery was taken up, with some screws on him—that is the cant phrase for keys—I do not know what sort of keys they were—when we got to Greville-street he said he would not go any further—the officer then took him into custody—he used some vulgar expression to me, I do not know what it was, and said if he knew I was going to split he would have done for me—in going to the station-house he made a kick at me, and kicked the officer—he did not say any thing then, nor at the station-house, that I know of—I afterwards went with Montgomery and Weston the officers to Saunders's house in Bedford-court, and found him there in bed about three o'clock in the morning—I said nothing to him, but Weston said he was his prisoner—next day I went with Weston, Montgomery, and two or three more, to Mitchell's house, in Petticoat-lane—I do not know the time exactly, but it was about three o'clock—he was not at home—we found him at a public-house in Petticoat-lane, I do not know the name of it—I went into a good many public-houses, to fee if I could find him, and at last went to this one, where he was—I asked him how he did—that was all that passed—he was taken into custody then—I believe Montgomery took him—I believe he tried to get away when he came out, but Montgomery and another officer stopped him—I had not said any thing to him about what he was charged with before he tried to make his escape.
Cross-examined by MR. PAYNE. Q. Who were the first persons you accused of being concerned in this robbery? A. I did not accuse any body in particular—MR. Smith asked me if I had any suspicion of the servant-maid, and a man who was in the habit of paying his addresses to her, and I said, "Yes"—that was false—Saunders persuaded me to do it—I did not make any statement against them at the office—my master asked roe and the foreman as well if I suspected them.
Q. Did you give him any reason for suspecting them? A. I had seen the young man there at different times—that was all I could say, and I said I had taken a letter and put it into the post for the servant on the Thursday evening, as the robbery was committed on the Friday—I gave that as a reason to my master—Saunders persuaded me to do so, or I should not.
Q. Why, how could he know that the question would be asked by your master? A. I do not know—I have never been in trouble, except the twice I have mentioned—I did not tell my master, when I was apprenticed,
that I bad been twice in prison—I swear that I saw Saunders on the Saturday evening after the robbery at his own house, about eight o'clock, or a little after, in his bed—it was then, that he gave me the six half-sovereigns—I knew that morning that my master had lost 100l. worth of property—I took the three sovereigns as my share of it—I remonstrated with Saunders about the smallness of the sum—I did not get any more.
Bird. Q. When you came with the officers the night I was apprehended, were they disguised as sailors? A. Yes—there was no robbery at the West-end talked of, that I know of—I did not say the sailors were any body in particular—I believe I said to one of them, "Jack give me 1s.,"and Western gave me 1s. to pay for some drink—you came out with us to take a walk—I did not ask you for any keys to go and commit a robbery at the west-end—I do not know the reason why you came out.
Bird. It was to go to the proposed robbery, and when I refused to go any further 1 was taken into custody.
COURT. Q. Was any mention made by the officers or you to Bird about any proposed robbery? A. No—he came out to take a walk with us—nothing else—I merely said, "Come and take a walk with us"—I did not put any question to him about any keys—I do not know how he came to say the boy was taken with the keys—I believe he said it loud enough for the officers to hear—Weston was with me at the time—he heard it—he told me so in the public-house—I said that the sailors were friends of mine—I did not say exactly what sort of friends.
Q. What made him say he would go no further? A. I suppose then he had suspicion they were officers.
Bird. Q. How many policemen were there at this time? A. Six or seven, waiting outside—I saw you first inside the public-house, not on the opposite side of the way—I asked you to drink.
GEORGE WESTON (police-sergeant F 6.) I took the witness Hall into custody in Liquorpond-street on Friday, the 31st, by the prosecutor's direction—he was with him at the time, just by the brew-house, and about three or four minutes' walk from Bedford-court—he made some disclosures at the station-house the same day, and I went with him and another person, about half-past ten o'clock, to a public-house in Leather-lane, I do not know the name of it—we saw Bird standing at the door—I did not know him, but Hall pointed him out to me—he and Bird went into the public-house—they appeared to know each other—I fallowed them in—Bird said to Hall, "Well, Jack, how are you to-night?"—they came out in about a minute or two, and walked towards the City way together—I followed them—I was dressed like a sailor—they were talking, I do not know what about—Hall, I believe, said, "We have got another good swag to-night," and to come on—they walked about fifty or sixty yards—Hall then turned round, and said, "Sergeant"—he either forgot himself, or did it on purpose, I do not know which—Bird immediately looked round, and said, "I don't go any further; you b——, if I had known you were going to split on us, we would have murdered you"—I had not said any thing to him up to that time about any robbery he was supposed to have a share in—I said, "You are my prisoner"—he resisted very much indeed, and I put the handcuffs on, with the assistance of three other constables—in going to the station-house he made a violent kick at Hall, and said, "You b——, we will do for you yet"—we conveyed him to the station-house, and then went in company with Hall, to Saunders's house—Hall went up, knocked at the
door, came down, and said, "It is all right, he is at home"—I went up, and Saunders was in bed with his wife—I told him what I wanted him for—he said he knew nothing at all about it—I did not know Hall before this time—I should not have known where to go but from his information—we searched Saunders's room, but found nothing there.
Cross-examined by MR. DOANE. Q. Had he any children? A. There was an infant in bed with him—I found no new clothes or any money—there was a large stock of combs, which I have heard he deals in.
MR. CLARKSON. Q. Had you learnt before from Hall that Mitchell bad given 15l. for the whole? A. Yes, and did not expect to find any thing at Saunders's.
Bird. Q. Did you hear what Hall said to me, concerning the robbery he and the sailors were going to commit? A. No—I did not say any tools that might be wanted I could get at the West-end—I said, "Never mind about any tools, come on"—you had mentioned something about tools going along—I searched you at the station-house—I did not find any false keys or housebreaking implements on you, nor any money—I had never seen you with Hall or Saunders before that evening—I had never seen you before, to my knowledge.
MR. CLARKSON. Q. Was any thing said about a boy? A. Something was said about a boy—Hall said in the public-house, "Where is Jack?"—Bird said, "So help me G—he is pinched for a coat since that night"—this was before we went to Saunders—I do not know the boy called Charley or Jack.
COURT. Q. He did not say any thing about the boy that was taken with the keys? A. Not in my presence, but I did not hear all the conversation between Hall and Bird—they did not speak very loud—there was a female with them in the public-house.
WILLIAM MONTGOMERY (police-constable F 41.) On Saturday, the 1st of February, I went with Hall and the officers to Leather-lane—we were dressed as sailors—I saw Bird in the bar talking to Hall and Weston as I entered—they spoke together a few minutes, and then went out; Hall, Bird, and Weston—I followed them—they walked along the street twenty yards, I should say—Bird instantly stopped, and said, "I will go no further"—Weston said, "You are my prisoner"—he instantly turned round to Hall, and said, "You b—if I had thought you had split I would have murdered you"—I then likewise took hold of him, and secured him—I afterwards went with Hall to a house in Petticoat-lane, and then to a public-house to apprehend Mitchell—Hall went to the tap-room door, and called a man to him—they conversed together about two minutes—Hall then left him, and told me it was Mitchell, one concerned in the robbery—Mitchell went into the tap-room, then came back, and went out into the hack yard—I followed him—he undid his braces, waistcoat, and coat—I asked where he was going—he said, "To the water-closet"—I told him I should wait till he returned—he then said he would not go—he went back to the tap-room—I followed him—he came out again in a minute, ran to the street-door, and tried to get away—I instantly ran after him, and secured him in the middle of the road—I had not mentioned that he was charged with any thing—he was afterwards admitted to bail before the Justice—he gave two false addresses—we could not find him at either—sergeant Chadwick inquired at both.
do not know the witness Hall—(looking at him)—I have seen him—I never saw him in a public-house—I was examined before the Magistrate—I know Saunders and Bird—I saw Mitchell before the Magistrate—I know the Duke of Argyle public-house, in Laystall-street—the prisoners used to frequent it—I did not see them there on the Friday before 1 was before the Magistrate—I cannot recollect that I did—I have seen them together frequently—I was before the Magistrate on Friday, the 5th of February—I had seen the prisoners at the Duke of Argyle public-house about a fort-night before that—I did not see Hall there—I never saw Hall there—I have seen Saunders and Bird there, but not Hall—(looking at his deposition)—this is my hand-writing—I can read a little—what I said before the Magistrate was read over to me before I put my name to it.
COURT. Q. Is it all fresh in your recollection what happened a fort-night before you were before the Magistrate? A. No—I had seen them before.
MR. CLARKSON. Q. What do you mean by "them?" A. Saunders and Bird—I do not recollect seeing Hall with them—I have seen them there several times—I cannot say as to Friday exactly—I never saw Hall there while Saunders and Bird were there, not on any occasion—I never saw the three together in my life—I have seen the prisoners at the Duke of Argyle public-house in an evening—I cannot say at what time—I have seen other persons with them—I have not seen such a person as Hall there—I am sure of that, not on any occasion, never on a Friday evening—I work for Mr. Daw, a japanner, in Laystall-street, occasionally, not regularly—I do portering, or any thing when not at work for him—Saunders lives in Bedford-court, Bedford-street—I have been in his house once, about two months back, never since that—I was not there in the last month—I do not know where Bird lives, nor Mitchell—I never saw him except at Bow-street—I never saw him at the Duke of Argyle public-house, nor any body that I could mistake for him.
COURT. Q. Where have you seen Hall, if not at the public-house? A. I have seen him frequently about that neighbourhood—I never saw him at the Duke of Argyle public-house, to my recollection.
Q. How came you to state before the Magistrate that you had seen all three together, mentioning Hall by name? A. I do not know that I stated that—I stated that I saw Saunders and Bird.
LYDIA THORPE . I am the wife of John Thorpe—I fill a situation at the Duke of Argyle public-house, in Laystall-street—I know Hall by sight—I have seen him at our public-house—I remember his coming there on a Friday in January—I cannot say the day of the month—I know Saunders—he was backwards and forwards at the public-house for three weeks or a month—I cannot say what day I was before the Magistrate—as near as I can reckon it was about three weeks before that that I saw Hall at our house—it was on a Friday—I saw Saunders come there that Friday, and call Hall out—that was all I saw of him—I did not see Bird there then—I knew him by sight—he used to come in and out along with Saunders—I never saw Mitchell but once, that was at the Duke of Argyle public-house, when Saunders and Bird were there—I cannot recollect seeing Hall there that day—a little boy used to come there—I do not know what he was called—he was not there that day that I saw.
Cross-examined by MR. PAYNE. Q. When you saw Hall at your public-house the last time, was he alone? A. Yes, he came in alone—
I cannot speak to the day at all—Saunders came there occasionally to have a pint of beer—I never saw Hall, Bird, Saunders, and Mitchell there all together.
WILLIAM FINCH . I was a police-constable F 29. On the 24th of January last it was part of my duty to be in Tavistock-street—I went on duty at nine o'clock in the evening, and left at six o'clock next morning—I had to go round Southampton-street, into the Strand, Exeter-street, and then back again—I saw Saunders in Tavistock-street that sight between twelve and one o'clock with a man who I do not know—they were a few doors from the prosecutor's house—they were not in my sight above the space of their passing—they were walking together, not standing still—I had no reason to suspect them.
Cross-examined by MR. PAYNE. Q. They did not even speak to each other, did they? A. I did not take any notice—I only saw them in passing—I had never seen Saunders before to my recollection—I know him by his features—I took particular observation of him in passing—I am not in the police now—I left it on the 23rd of last month—I got a situation in the country in my own trade—I was four months in the police—the prosecutor's house was on my beat—I did not see any cab there that night taking away any property, nor did I see any body lifting up the coil-cellar flap.
Q. Do you mean to swear to a man you had never seen before, and then only for so short a time? A. Yes—he had a hat on, and a brown sort of great coat, it was a long coat, I do not exactly know the colour—I kept walking round my beat all the night—I observed nothing particular at Mr. Smith's—I found his premises always fast.
MR. CLARKSON. Q. Had you any assistance from the gas-lamp in seeing the countenances of the two persons? A. Yes, I am quite sure Saunders is the man—I did not mention having seen him till the third examination—I had not left the police then—I saw him at the station-house, and knew him directly—the parties did not know I knew any thing about him till I saw him at the station-house.
JAMES LEWIS ASHMAN (police-constable F 119.) On Friday morning, the 31st of January, I saw Hall go into the Duke of Argyle public-house—I stood at the end of Laystall-street about twenty minutes—I then saw Saunders come out of Bedford-street, and go into the Duke of Argyle—he staid there about five minutes—they both came out together, and were in conversation outside the door for about five minutes—they went from there into Bedford-street, and into Bedford-court, I believe, and went into the house where Saunders lives—they remained there about twenty minutes—they came out together, went up Bedford-street, and went to the back of Clerkenwell Sessions-house, went into a pawn-shop, and came out again—Saunders then had a coat on his arm, which he had not taken in with him.
Cross-examined by MR. PAYNE. Q. What sort of a coat was it he brought out? A. I believe it was a brown coat—it appeared to be a great coat—it is not claimed by the prosecutor.
Bird's Defence. On Friday evening, the 31st of January, I was standing at the door of a public-house in Leather-lane, talking to a female; I saw Hall and two sailors, as I supposed, on the other side of the way; they
crossed towards me, and went into the public-house where I was standing; I asked Hall who the persons were: he said, one was a brother of his, and another his cousin, and he said to the one he called his cousin, "Jack, lend or give me a shilling; "he gave him one, and he paid for some gin with it. I then entered into conversation with him in presence of Weston, he said he and the two sailors were going to the west end of the town, to commit a robbery; he said the two sailors had not been long home from sea; that they were living at the West-end, and were going to the place that night; could I find some false keys or housebreaking implements to take with them, and asked me to accompany them; I said, I did not know where to find such things, nor what was fit for such a purpose; he said, "Come outside, and we will have a bit of talk about it." I went out with him and the two sailors; Weston said, "If we don't make haste, my lads, we shan't be able to do it to-night," and he called a coach, with the intenturn, I supposed, of going to the West-end, to commit the robbery. When I ascertained their object was to commit a robbery, I refused to go any farther with them, and I returned back, intending to go back to the public-house which I had left, when Weston said, "You are my prisoner," and seized me by the collar. I said to Hall, "You b—, you persuaded me to do what is not right in presence of the officers to split on me; you ought to be murdered;" those were the words I used, but they have been twisted and strained by Weston into something else. Had I not sufficient provocation to use those words? when men, whose duty it is to protect the public, come and lay down such a trap as this, trying to ensnare a man into a share in a robbery, and when he positively refuses to join in it, or go further with them, seize him as a prisoner. Now Weston says I was outside the public-house when they first saw me, and Hall says I was inside; they directly contradict each other. Consider the number of police-men there at the time, (seven;) was there any necessity at all to come into the public-house to take me when I was standing outside with a female; as to resistance, I made none. I was taken to the station-house, searched, and no money or property found on me; policemen came to see me from every division in the metropolis, and none could say they knew or heard any harm of me; Mrs. Thorpe positively says I was not at the Duke of Argyle in company with Hall; Hall said there were seven persons assembled at that house the day the robbery was committed; Mrs. Thorpe said there was not: when she was first examined she said there was only me, but Weston induced her to get up a second time; he said, "You have come up intending to speak to Mitchell, and you forgot him altogether:" she then said she thought about three weeks ago Mitchell was with us, but Hall," she said, "was not there then." It seems to me that Hall brings this charge against me to screen the really guilty parties; he, no doubt, knows who they are, and he will go from here to enjoy with them his guilty earnings: knowing you will not give credit to such an abandoned and worthless wretch, I resign myself, gentlemen, into your hands.
(Saunders received a good character.)
SAUNDERS— GUILTY . Aged 46.
BIRD— GUILTY . Aged 29.
Transported for Fifteen Years.
NEW COURT.—Monday, April 6th, 1840.
Fifth Jury, Before Mr. sergeant Arabin.
1020. JAMES AUGER and HENRY JACKSON were indicted for stealing, on the 15th of March, 3 bottles and 3 quarts of wine, value 9s., the goods of William Henry Bodkin, the master of Auger; to which Augers pleaded GUILTY . Aged 24.— Confined Three Months.
WILLIAM HENRY BODKIN , Esq. The prisoner Auger was my footman for nearly three years. I believe the wine in question was mine—I found on the corks the seal of my wine-merchant—I do not know Jackson—I understand he is Auger's brother-in-law, and came once a week to fetch his linen.
EDWARD KELL (police-constable S 103.) On Sunday morning, the 15th of March, about eight o'clock, I saw Jackson, with a bundle on his shoulder, nearly three miles from Mr. Bodkin's house—I asked what he had got—he said, nothing belonging to me; he had been to Highgate, and had got some candles, and was going to take them to his brother, who was at work on the Greenwich rail-way—I took him to the station-house, opened the bundle, and the first thing he pulled out was a bottle, then some candles, and two more bottles, and out of his pocket a pair of shoes and three small japanned waiters—I asked him where he got them—he said from his brother-in-law, who was living in a gentleman's house as footman—I asked him to show me the place—I went with him to Mr. Bodkin's—I went to ring the bell—Auger came to the door—I asked if he had given that man any thing—he said, "Yes"—I said I wanted to see his master or mistress—he offered me 10s. not to see them, then offered me one sovereign, then two sovereigns, and then all he had got—I pushed him on one side, and said I would go to the kitchen—I went—he got into the stable-yard, and then an officer brought him back—he had got the coachman's hat, and was going off—he asked me to take out the bottles, and put in three jars, but I would not—I then saw the lady of the house, who told me to take them into custody—here is one bottle of port, and two of sherry.
Jackson's Defence. I did not know what was in the bundle.
JACKSON— GUILTY. Aged 38.—Recommended to mercy by the Prosecutor and Jury. — Confined Three Months.
1021. JOHN HOLT and GEORGE WHITTALL were indicted for stealing, on the 19th of March, 1 purse, value 1s.; 3 sovereigns, 1 half-sovereign, 2 sixpences, and 1 groat; the property of Joseph Thomson, from the person of Emma Thomson.
EMMA THOMSON . I am the wife of Joseph Thomson. I was walking with a friend in Fleet-street, from three to five o'clock, on the 19th of March—I had a purse in my pocket which contained three sovereigns, one half-sovereign, and a little silver—the first thing that drew my attention was a pressure behind me, and then a second pressure—I walked on—a person told me I had been robbed—I put my hand into my pocket, and missed my purse, but I did not see any one near me—I am sure my purse had been in my pocket—I had a white pocket-handkerchief, which was hanging partly out of my pocket, not as I had placed it—the prisoners were both taken immediately—I saw my purse in the hand of the police-man—this is it—it contains the money mentioned.
Cross-examined by MR. BALLANTINE. Q. I suppose there were a great many people about? A. Yes.
JOHN SPENCER SMITH (City police-constable, No. 341.) I was on duty—I saw this lady and her friend walking, and the two prisoners and another were there—I saw them speaking together—I watched them from
Ludgate-hill—a short distance up Fleet-street there was a bit of a stop-page, and Whittall went very close to the lady—I followed him up, and saw him grab at the lady's pocket, and the white handkerchief partly fell out—I took him by the collar, and he dropped this purse from his right hand on the pavement—the other prisoner was as close behind him as he possibly could be, so as to cover him—I took Whittall, and Spring, whom I had beckoned over the road, took Holt, who ran away—the third made his escape.
Cross-examined. Q. Was the street very crowded? A. Not particularly, not more that usual—I cannot say whether others were as close to the lady as the prisoners were; there might have been—I did not look at others, I looked at them—there might have been other persons between them and the lady—I cannot say there were—I did not see any—there might have been persons between me and them, but Dot when they spoke together.
JOHN SPRING (City police-constable, No. 128.) I was in Fleet-street—my brother officer called and said, "You take the one with the velvet-collar"—the prisoners were close to the lady—I saw Holt nudge Whittall, and then we watched them till we saw the handkerchief drawn—Smith seized Whittall, and I seized Holt, but missed my hold—he ran down towards Farringdon-street—I pursued him—he dodged me between the coaches, and turned up towards Fleet-street—I called out, "Stop him," and a gentleman ran to catch him—he dodged him, and then I caught him opposite White Horse-court.
Cross-examined. Q. How long did this take? A. A minute and a half, or a little more—I had great difficulty in not being run over—there were other people about.
(Holt received a good character.)
HOLT*— GUILTY . Aged 40.— Transported for Fifteen Years.
WHITTALL— GUILTY. Aged 17.—Recommended to mercy by the Prosecutor. — Confined Six Months.
JOHN POPE . I am a wholesale stationer, and live in Birch in-lane. The prisoner was my town traveller, and received monies on my account—he ought to account to me on the next morning for all monies he received.
Cross-examined by MR. PHILLIPS. Q. How long have you known him? A. About nine years—he has been in my employ about two years—I do not know whether he had a family—he had 2l. a week—he had no allowance for travelling.
Cross-examined. Q. Are you not aware that he must have been put to some little expenses? A. No—I have been in the same situation myself, and found the same wages sufficient for me.
(The prisoner received a good character.)
GUILTY. Aged 39.—Recommended to mercy by the Jury. — Confined Twelve Months.
GUILTY . Aged 26.— Confined Three Months.
WILLIAM RENEY . I am a baker, living with John Sweetland, in Howland-street, Tottenham Court-road. I went out with my bread, on the 9th of March, about a quarter past ten o'clock in the morning—I left my basket at the corner of Francis-street for about five minutes—when I returned I saw the prisoners on the other side of the way—I went to serve another customer, and while doing so, I saw Wildy give Fisher a handkerchief—he stood on the other side while Fisher took the bread, and wrapped it in the handkerchief—they were then taken into custody—Fisher ran away—Wildy followed him close behind, but did not run.
WILDY— GUILTY . Aged 21.— Transported for Fourteen Years.
FISHER— GUILTY. Aged 11.—Recommended to mercy by the Jury. — Transported for Seven Years.—Isle of Wight.
JOHN BENNETT . I am a goldsmith. On the 30th of March I was at the General Post Office, just before six o'clock, looking at the people coming in to post their letters—I had a handkerchief in my coat pocket—I put my hand into my pocket, and it was gone—I had used it very frequently—I looked round, and saw the prisoner, with his back turned towards me—I concluded by his moving that he was the thief—he went down the steps—I followed him, crying, "Stop thief"—he then took the handkerchief from his breast pocket, and threw it on the pavement—I did not lose sight of him at all—this is my handkerchief—(looking at it.)
Prisoner's Defence. It is a thing I never did in my life.
GUILTY . Aged 22.— Confined Six Months.
ELIZABETH AKED . I am the wife of Joseph Aked. On the 18th of March I was at a sale in Red Lion-court, Fleet-street, between twelve and one o'clock—I felt a pressure against me several times—I had a purse in my right-side pocket, which contained a half-crown, a shilling, and three six-pences—a gentleman asked me something—I felt my pocket, and my purse was gone, and my dress cut—I went to the top of the stairs, and Adams was bringing the prisoner up—this is my purse, and contains the money stated—(examining it.)
Prisoner. Q. How can you identify the purse? A. I know it very well, it belongs to my apprentice.
GEORGE ADAMS . I am a furniture dealer. I was at the sale—I saw the prosecutrix and another lady at the front of the table—the prisoner was behind fumbling about her dress—he drew his hand from her person, turned round, and went down stairs—I went and took him on the stair-case, and when he got on the landing I said, "You have robbed this lady"—I took hold of his arm—he gave me the purse, begged me, in God's name, to let him go, and said he had not done it—I heard this knife drop from him, and took it up.
GUILTY . Aged 45.— Transported for Ten Years.
MR. CLARKSON conducted the Prosecution.
JAMES LANE . I am one of the firm of Rhodes, Beaver, and Lane. The prisoner was our clerk for three or four months—we had to receive money on account of a gentleman named Atkinson—there was a sum of 49l. 10s. 3d., due to him from a tenant—the prisoner was to receive money on that occasion—I sent him for it on the 29th of January, to Duke-street, St. James's, to get it from Mr. Archer—he did not return—he was found at Ashford, in Kent—he ought to have returned that day.
Cross-examined by Mr. ROE. Q. Was he in the habit of collecting money for you? A. No.
HENRY VILE . I am a constable. In consequence of information, I took the prisoner into custody on Sunday, the 8th of March, four miles from Ashford—I found two 5l. notes, five sovereigns, and a watch on him.
GUILTY. Aged 41.—Recommended to mercy. — Confined Twelve Months.
GEORGE DUFFY . I am a sailor. I have been acquainted with Caroline Tully eight years, and was with her on the 13th of March—I first met her about six o'clock in the evening, we both had something to drink—I was not the worse for liquor—she sat down and went to sleep after I left her in Crown-court, Wapping—she asked me to give her my watch to take care of, and I did so—I came back to Crown-court, she was there, and asked me to go and see if her father was come home—I went, and could see no light—I came down the court again and found her and two policemen—I said, "Carry, give me the watch, I think I am more able to take care of it than you"—the prisoner was one of the policemen—I asked Tully where the watch was, she said she did not know—the other policeman asked the prisoner if he knew any thing about the watch, he said no, he had not
seen it—we went to look for it about an hour and a quarter, and could not find it—we came back and I lifted Tully up and overhauled her, and she had not got it; when we got to the London Docks the prisoner gave me the watch and said it was no use to go farther,—the other policeman said he did not allow any such work, and took the watch and the prisoner.
Cross-examined by MR. PHILLIPS. Q. Did not the prisoner say he picked it up in Hermitage-street? A. Yes—I was neither drank nor sober—I believe Tully was bad enough.
CORNELIUS FOAY (police-constable H 98.) I was on duty on the night in question. About half-past eleven o'clock the prisoner came and told me there was a female lying down in Crown-court—I went with him, and I assisted in getting her up—at that time Duffy came up and asked her for the watch—she said she did not know any thing about it—Duffy said he had left her not more than ten minutes—I said it must be near about, and asked the prisoner if he had seen it—he said no—we looked about for it for an hour and a quarter—when Tully recovered, she said the prisoner took it out of her bosom—when we were going on the prisoner said, "It is no use going to the station-house, I have got the watch;" he gave it up, and said he picked it up in Hermitage-street—I took him to the station-house.
Cross-examined. Q. Was that all he said? A. Yes—he said after-wards that he intended to give it in next morning, thinking there would be a reward for it.
ROBERT TAYLOR (police-constable H 19.) The prisoner was brought in by Foay, he said that he had seen the girl in the court, and in coming down by the London Docks he said it was no use going further, he had the watch, and was going to give it to Duffy, and Foay took it, and there might have been a reward offered in the morning, and he should have got it.
Cross-examined. Q. This man had been but a short time in the police? A. Yes—I never heard any other charge against him.
GUILTY . Aged 28.— Transported for Seven Years.
WILLIAM BOLLEN . I am a cooper—the prisoner was my porter. On the 50th of March I had been confined to my room a week—he came to me, and said there were three casks to be sold in Union-street, one was a port hogshead, another a sherry hogshead, and the other a brandy quarter—I gave him a sovereign and a shilling to pay for them, and told him to bring me a bill—he came back in an hour and a half, and brought me this bill, which excited some suspicion—I said, "Who made out this bill?"—he said, "The man where I bought the casks"—I said, "Very well, go and get your dinner"—I sent my wife to the house to inquire—I went to my gateway, and under the gateway saw these three casks standing, and I knew I had had two of them in my warehouse three weeks before—one was a sherry hogshead, and one a brandy quarter, and one a port hogshead—when my wife returned I got an officer, called the prisoner, and said to him, "Go get these casks from the gateway"—when he
got them up I said, "Are these the three you got from the gin-shop in Union-street?"—he said, "Yes, they are"—I said, "You know this brandy quarter and the other you brought from Mr. Thornton"—he denied it—I said, "You know you have"—he then confessed that he had taken them to the gin-shop, and asked the landlord to make out the bill of the three, but he said, "No, I won't, I will make a bill of my own cask; you ought to have a bill of the other two from where you bought them"—these casks had been moved from where they had been in my cellar—(bill read)—"Bought of Mr. Gardner, one sherry hogshead, 7s. 6d.; one port hogs-head, 1s. 6d.; one brandy quarter, 6s.—Settled."
HENRY GLASS . I am servant to Mr. Stevens, who keeps a wine-vault in Union-street. The prisoner came to our house on the 20th of March, looked at a cask, and said he would have it weighed, and asked me to make him a bill and a receipt for that and the other two—I said I would not, and then he took that away and the other two which were in the track.
GUILTY. Aged 22.—Recommended to mercy by the Prosecutor. — Confined Three Months.
OLD COURT.—Tuesday, April 7th, 1840.
Second Jury, Before Mr. Recorder.
1030. ELIZABETH KNIGHT and SARAH KNIGHT were indicted for stealing, on the 13th of March, 28lbs. weight of coals, value 1s., and 1 flat iron, value 6d.; the goods of Sarah Ann Phillips, the mistress of the said Elizabeth Knight.
JAMES DAVIES (police-constable F 112.) On the 13th of March I watched the house of Mrs. Phillips, Southampton-buildings, Chancery-lane, between seven and eight o'clock in the morning, and saw the prisoner Sarah Knight come out of the house with a basket, she came towards me—I stopped her, and asked what she had got—she told me coals which she had been buying—I looked into the basket, and saw a flat iron, and asked where she got that—she said she had borrowed it—I took her back to Mrs. Phillips, and she ran up stairs to Mrs. Phillips, who was in bed at the time—she came down, and then I saw Sarah in the passage with Mrs. Phillips, when they were all three together the prisoners implored for-giveness—Elizabeth asked Mrs. Phillips to look over it, as it was the first offence—Sarah also said, "It is the first time we Have done any thing"—I am quite sure they both begged forgiveness.
Elizabeth Knight. My sister-in-law did not come that morning to steal coals, she came to borrow a flat-iron; I told her I would lend her one, if she brought it home in a quarter of an hour, as mistress would use it. She had a basket, and I asked what she was going to do with it; she said to buy coals; and I told her she could take a few.
SARAH ANN PHILLIPS . I am a widow, and Jive at No. 6, Southampton-buildings. The prisoner, Elizabeth Knight, was my servant—Sarah occasionlly washed for me, but not recently. On Friday morning, the 13th of March, Sarah ran into my bed-room, and said she had been borrowing a few coals of Betsy, and the policeman had stopped her—she said she had borrowed an iron also, and implored my forgiveness—I told her she had been robbing me for a considerable time, and she must now take the consequences—I followed her into the passage, found the policeman there,
and saw a basket containing coals and a flat-iron—Elizabeth was going down the stairs—I told her she was a very bad girl, and had been accessary to my being robbed for some time—she put her hands together, and implored forgiveness—I have no idea they intended to steal the iron—Sarah had no business at my house that morning.
Elizabeth Knight. I went to borrow an iron, and not to steal coals; my sister was not up; I lit the kitchen fire, and cleaned a pair of boots; and about eight o'clock she got up. I used to go formerly to clean the boots of a morning. Witness. Elizabeth had lived with me about seven or eight months; she was recommended by a relation who knew her.
(Sarah Knight received a good character.)
ELIZABETH KNIGHT— GUILTY . Aged 30.
SARAH KNIGHT— GUILTY . Aged 40.
Recommended to mercy.— Confined Fourteen Days.
JOHN EDGECOMBE DANIEL . I live at Norwood, in Surrey. On the afternoon of the 6th of March I was in St. James's park, between three and four o'clock, standing near St. James's-palace, to see the Queen pass—I heard a disturbance behind me, and a question asked, who bad lost a handkerchief—I put my hand into my pocket, missed mine, and saw it in the hands of the policeman.
Cross-examined by MR. PHILLIPS. Q. Were there many people about? A. A considerable number, it was the day the Queen was going to the levee—I cannot say who asked if I had lost a handkerchief—it was somebody close behind me.
WILLIAM PARNELL (police-constable M 128,) On the 6th of March I was in St. James's-park, about four o'clock, and saw the prisoner take this handkerchief out of Mr. Daniel's pocket, and shove it up his jacket—I took him into custody, and took it from him—another constable, who was with me, went and asked the gentleman if he had lost his handkercheif—on going to the station-house the prisoner broke from me, but I took him again a short distance off—he directly struck me in the face—this is the handkerchief.
Cross-examined. Q. Did you make inquiry to whom the handkerchief belonged? A. No—I was close behind the prisoner, and nearer to the prosecutor than I am to you—I told my brother officer to go and tell the gentleman he had lost his handkerchief.
(Property produced and sworn to.)
RICHARD COLLER (police-constable B 116.) I produce a certificate of the prisoner's conviction, which I got from the Clerk of the Peace's Office for Westminster—I was present at the Westminster Sessions when the prisoner was tried, and I know him to be the person mentioned in the certificate—(read.)
GUILTY . Aged 17.— Confined Six Months.
o'clock in the evening, Osborne called me, and I missed some cigars, and builders' pencils—she brought the cigars back to my shop—I gave them to the officer.
REBECCA OSBORNE . On the evening of the 23rd of March I was at Wellington-terrace, Bayswater-road, and saw the prisoner in the prosecutor's passage, leaning over the wicket-gate—he put his hand into the shop window, drew out a box of cigars, and he made another motion with his hand, but I could not see what he took then—he came out of the passage with the box—I followed him to Camden-place—when I came near him he put the box under his coat—I told him to bring the box of cigars back—he said nothing at first—I asked him again, and then he drew them from under his coat, brought them back a distance, and offered them to me—I refused to take them—he came a short distance further, and then said, "Well, here they are, if you like to take them," and threw them on the ground—I took them back to the shop.
WILLIAM OSBORNE (police-constable T 61.) I am the husband of last witness—in consequence of the description she gave me I apprehended the prisoner, en the 28th, at Kensington—he denied the robbery—I took him to the station-house, and fetched my wife to identify him, which she did, and after being before a Magistrate, he owned to stealing the cigars and pencils—he said he had thrown the pencils over a high wall near the shop, but I could not find them—Oldrey delivered the box to me.
Prisoner. It is my first offence—I will never do so any more, if you forgive me this time—I should not have put down the property, only Mrs. Osborne said, "I wish I could see a policeman."
GUILTY. Aged 18.—Recommended to mercy. — Confined Three Months.
1033. FREDERICK REES was indicted for stealing, on the 7th of March, 2 pairs of trowsers, value 17s.; 2 waistcoats, value 15s.; 1 handkerchief, value 2s. 6d.; 1 breast-pin, value 2s. 6d.; and 3 printed books, value 3s.; the goods of John Cordy Crouch, his master.
JOHN CORDY CROUCH . I am a pawnbroker, and live in Grafton-street. The prisoner came into my service last August. On the 7th of March I called him up, in consequence of information, and said, "You are aware the accounts have been short a long time, and we have had a great deal of trouble with it; I am fearful you are the cause of it all"—he said, "I am not"—I said, "Well, you know something of an apron and handkerchief pawned for 2s."—he said, "I do"—I said, "What do you know of it?"—he said, "I took it from the warehouse"—I called the foreman to bring up his box, which was produced—I said, "Be kind enough to hand over the rest of the things you have taken from me, and lay your own things on one side"—he then produced a pair of trowsers, two candlesticks, a breast-pin, and handkerchief, and afterwards some books—we found a duplicate on him for three books pawned with us—there was a ticket attached to the trowsers, and the ticket of the waistcoat was in his box.
Cross-examined by MR. PHILLIPS. Q. Are you sure he admitted taking the things? A. Decidedly he did, and produced them.
JOHN TRAIL . I am foreman to Mr. Crouch. I noticed a pair of trowsers, belonging to the prisoner, in the kitchen, on the 7th of March, and found in the pocket of them the duplicate of a handkerchief in pawn—I told Mr. Crouch, and by his directions fetched up the prisoner's box—I
asked the prisoner what he had taken besides the pin—he said the trowsers and waistcoat—I afterwards saw two pairs of trowsers, two waistcoats, a handkerchief, and pin, taken from his box—the value of the articles is about 2l.
MR. CROUCH re-examined. This is the counterpart of the duplicate of the books.
(The prisoner received a good character.)
GUILTY. Aged 16.—Recommended to mercy. — Confined Three Months.
1034. MARY SMITH was indicted for stealing) on the 12th of February, 1 pair of shoes, value 2s., the goods of Esther Kitchenham; and 1 gown, value 8s.; 2 petticoats, value 5s.; 1 night-gown, value 1s.; 1 cap, value 6d.; and 1 pair of stockings, value 6d.; the goods of George Matthew Stirling.
JANE STIRLING . I am the wife of George Matthew Stirling, a sailor, and live in Bear-court, Lambeth-street. On the 8th or 9th of February I allowed the prisoner to sleep at our house, and on the morning of the 11th she left without telling me she was going—I missed a frock, two petticoats, a night-gown, a cap, a pair of shoes and stockings, worth 15s.—Esther Kitchenham also missed a pair of shoes—I saw the prisoner in custody on the 9th of March, and asked her what she had done with my things—she said, "Nothing"—I said if she did not tell me I should give her in charge—she said, "Do, give me in charge, there is a policeman"—I gave her in charge—I have not found any of the articles—she told the Magistrate she had sold the things—she was in distress, I know, or she would not have done it.
RICHARD THOMPSON (police-constable H 69.) The prisoner was given into my custody, on the 9th of March, for stealing these things—she denied all knowledge of it—this is Mr. Hardwick's hand-writing—(looking at the depositions)—read—"The prisoner, on being asked if she wished to say any thing, said, 'I did take the things, and sold them in Petticoat-lane: I did it through distress.'"
GUILTY. Aged 17.—Recommended to mercy.— Judgment Respited.
1035. THOMAS STUBBS was indicted for stealing, on the 25th of March, 229 yards of cloth called gambroon, value 26l. 5s.; and 3 yards of canvass, value 2s.; the goods of William John Hall and another; and that he had been before convicted of felony.
HENRY EVANS . I am in the employ of William John Hall and another, wharfingers, at the Custom-house Quay, Thames-street. On the 25th of March, between three and four o'clock, I was in Fore-street with a wagon—I went to a house at the corner of Whitecross-street, and inquired for Mr. Piggott, and was directed two doors round the corner—as I came from the house I saw the prisoner with his feet on the box of the wheel of the wagon, and his hands on the wagon—he had a hook in his hand, which he struck into a bale of goods, and pulled it off the wagon—the bale, being
heavy, overpowered him, it fell on the ground, and I instantly ran up to him, and asked what he was going to do with the bale—he said, "What bale?"—I pointed to the bale by his side—he instantly up with his fist, struck me in the face, and ran away—I caught him at the corner of Jewin-street—we struggled together, and both fell on the ground—I held him till assistance came, and took him to the station-house.
Cross-examined by MR. PAYNE. Q. Where were you at the time you saw him on the wheel putting the hook into the bale? A. Opposite the door at the corner of Whitecross-street—the wagon was nearly opposite the station-house door in Fore-street—I was in Fore-street at the corner of Whitecross-street, I did not go down the street, as I saw the prisoner on the wheel—I went afterwards and found Mr. Piggott two doors round the corner—I did not go up White-cross-street till after this happened—I might be fifty yards from the wagon when I saw this—I was on the right hand side of the wagon—the man got on the wheel on the left side—I could see him although on the other side of the way, because the pavement slopes inwardly there—the horses' heads were towards White-cross-street—I was going towards Cripplegate—I saw the prisoner on the off wheel in the centre of the road—the wagon was not between me and him—nothing further passed between me and the prisoner—he did not say he would help me up with the bale—he asked me what bale—I did not call him a liar—he did not strike me in consequence of that.
HENRY SYMONDS . I am a carpenter and live in Red-cross-street. On the 25th of March, I was standing at my shop door, and saw the prisoner follow the wagon on the off side, and after it turned round by Cripplegate church, he put his foot on the wheel, laid hold of the raft of the wagon, polled himself up on the wheel, and pulled the bale off, it fell off, and I saw him put the hook in his pocket—he stood alongside the bale, the carman went up and spoke to him, he struck him in the mouth, and ran away, but he caught him by my shop-door.
Cross-examined. Q. Where is your shop? A. It joins the church—the wagon stopped nearly opposite the station-house door, just beyond it, not thirty feet from Whitecross-street—the wagon was on the left-hand side going down Fore-street.
Cross-examined. Q. Did you ask where he got the hook? A. No, he did not say how he came by it.
Cross-examined. Q. Did the wagon belong to Hall and Co.? A. Yes, I did not see the goods put in there—Evans was in our employ—there are only two partners.
EDWARD KETLEY . I was with the wagon—I had just turned the wagon round in Fore-street, and saw the bale go over the side of the wagon—I looked underneath, and saw the prisoner's leg fall from the wheel—Evans went up and asked what he did with the bale—he struck him instantly and made his escape—Evans ran after him and stopped him.
Cross-examined. Q. Did you come round the wagon immediately? A. I went round in front of my horses—I have three horses—I did not
get up to the prisoner—I saw his legs under the wagon—I saw him strike Evans and run away—I was about seven yards from him—there were four or five marks on the box of the wheel, where he had worked his feet at it went round.
RICHARD BADDELEY . I am warehouseman to Sturt and Sharp, wholesale linen-drapers in Wood-street—I have the invoice of the goods in the bale—I examined the marks on the bale, they correspond with the invoice—the goods had been ordered by our house—the value is £26. 5s. 11d.—and the canvas 2s., it is gambroon.
JOHN ANDERSON . I am clerk of Giltspur-street prison. I produce a certificate of the prisoner's former conviction from Mr. Clark's office—I know the prisoner—I was present when he was tried—he is the person mentioned in the certificate—(read)—he was tried in December, 1838, and had six months' imprisonment.
GUILTY . Aged 37.— Transported for Ten Years.
1036. RICHARD RYAN was indicted for feloniously breaking and entering the shop of Samuel Lands, on the 27th of March, and stealing therein 24 pairs of boots, value 17l.; and 9 pairs of shoes, value 3l.; his goods.
SAMUEL LANDS . I am a boot-maker, and live in Fore-street. On the night of the 27th of March I came home about a quarter before eleven o'clock and found two men in my shop packing up my goods—the door was locked against me—I had left it locked about half-past nine o'clock—the lock had been picked apparently—I lost a good many boots and shoes—there were four parcels ready packed up in the shop—on, my opening the door one man came out on me, and the other bounced out against my wife and knocked her down—the prisoner is one who came out—I pursued and took him without losing tight of him—the value of the property is 18l. or 20l.—the door was left on the catch lock, and as soon as I put my key in it opened—I am quite certain I left it locked.
Prisoner. He said at the station-house it was so momentary he could not swear to the man who came out. Witness. I am quite certain of him—I never lost sight of him.
SAMUEL MALINGS (City policeman, No. 457.) I heard the cry of "Stop thief on the 27th of March, and saw the prisoner running across Fore-street into Milton-street, about ten yards from Mr. Land's shop—I followed him and saw him put his hand in his right hand pocket, about fifty yards up Milton-street, and throw away something which jingled—I afterwards received from a boy, named Fry, in the street, a bunch of picklock keys—I saw the prisoner secured.
Prisoner. At the station-house the Inspector asked what he knew about it, and he said, "Nothing"—afterwards a boy brought in some keys and then he came back with the prosecutor and said he saw me heave something away, and at the office he said he heard something jingle. Witness. I had not been in the station-house until I brought the keys in myself.
GEORGE FRY . I live in Angel-court, Milton-street—I heard the cry of "Stop thief and saw the prisoner running up the street—directly he was stopped something struck my leg, and on stooping down I found it was a bunch of keys—I was about eight yards from him—I gave them to the policeman—these are them.
THOMAS WHITEHOUSE . I am assistant to Mr. Potter, of Red Cross-street. I saw the prisoner turning into Milton-street—I crossed over to the right-hand side and endeavoured to stop him—my foot slipped, I fell, and believe he fell on me.
GEORGE CATCHPOOL (City policeman, No. 452.) I took charge of the prisoner—as I was scuffling with him I saw him put his hand into his pocket and throw something from him, but I did not see what it was—I was about three doors from the prosecutor's shop when the two men came out—I am sure he is one of the two.
Prisoner. He knows he held my hands, and how could I take any thing from my pocket? Witness. Police-constable Grey, No. 150, told me to hold his hands—at the station-house I found a box of Lucifer's on him.
(Property produced and sworn to.)
Prisoner's Defence. I had been in Thames-street, and coming up Little Moorfields I heard a cry of "Stop thief "—somebody said, "That must be him"—the policeman then caught hold of me, and then another caught hold of me, and took me to the station-house; in about five minutes a boy brought in some keys, and a man with him; then the policeman was told by the Inspector to go and see if the lock was picked; be returned and said one of the keys would fit the door, but before that the policeman said he knew nothing about it, afterwards he said he saw me come out of the shop, which is false. I understand there are large locks on the doors, and it is not likely such small keys would open the locks. I was never in prison before in my life.
GUILTY . Aged 18.— Transported for Ten Years.
HENRY SHORT . I live at Bethnal-green-road. The prisoner was in my service for eight or ten months as errand boy—on the 10th of March he went out to dinner and did not return—he should have been absent an hour—in consequence of information from Jackson I sent my brother out with a policeman, who afterwards produced a pair of child's boots which were mine, and had not been sold.
GEORGE JACKSON . I keep a shoe shop at No. 111, Church-street, Bethnalgreen. On the afternoon of the 10th of March the prisoner brought me a pair of child's boots for sale for 1s.—I told him I believed them to have been stolen—he said he would fetch his father, and he ran away directly—I kept them and delivered them to the policeman.
LEWIS SHORT . I am the brother of Henry Short—I went in pursuit and found the prisoner in Bethnal-green-road with his mother and brother—I told him he had been taking some shoes from the shop—he cried, and said he was sorry.
ROBERT M'GOVERN (police-constable H 66.) I was on duty at Spitalfields station-house and locked the prisoner up—I produce a pair of boots which I received from a sergeant on duty, they had been left there by another officer, who is not here.
(Property produced and sworn to.)
GUILTY. Aged 16.—Recommended to mercy. — Confined One Month.
WILLIAM ANDREW PILGRIM . I am a cabinet-maker, and live in Old-street, St. Luke's. On the 12th of March, in consequence of information from Mrs. Marks, I ran out into the street, and saw the prisoner in the middle of the road, carrying something, but what I could not see, as it was a foggy night—he gate it to two boys on the other side of the street, and ran down to the City-road—I followed him—he stopped just at the turning, took off his frock, and put it under his arm—I told him I wanted him—he asked what for—I said, "Never mind what for"—he instantly ran off—I followed, calling" Stop him," and a policeman took him—I had him taken back to my house, and missed a chair—I gave him in charge, and as I came from the station-house a boy brought it back to the door, called out, "There is your chair," and ran away.
Prisoner. I said I did not know what he took me for—he said, "You took a chair of mine"—I bad my smock-frock off because my braces were broken down.
SARAH MARKS . I keep a broker's shop. I saw the prisoner on the 12th of March, about a quarter after eight o'clock in the evening, and suspecting him, I watched him, I saw him take the chair from Pilgrim's door, and run across the road—I immediately went and told Mr. Pilgrim—I am sure he is the person who took it.
JOHN CLARK (police-constable N 15.) I was on duty in Old Street-road on the 12th of March, in the evening, and saw the prisoner running from the prosecutor—: I stopped him—he was carrying his smock-frock under his arm—I have the chair here—he denied taking it.
NOT GUILTY .
(The prosecutor did not appear.)
NOT GUILTY .
GERARD ELLIS . I am a carpenter, and live in Ebury-street, Pimlico. On the 28th of February, about a quarter after eleven o'clock, I was in a crowd in James-street, Covent-garden, as her Majesty was leaving the theatre—a person asked me for a light for his pipe, which I gave him, and then missed my handkerchief—it was not the prisoner.
ROBERT BURR (police-constable D 54.) I was on duty in James-street, in plain clothes, on the 28th of February, soon after eleven o'clock—I saw the prisoner with a map named Jones—I saw Jones put his hand into the prosecutor's pocket, take the handkerchief, and pass it to the prisoner, who made off with it—Jones has been convicted—I am sure he handed the handkerchief to the prisoner, who saw him take it—he was standing behind him, covering him.
JAMES WESTMORELAND (police-constable F 147.) I was on duty on this night, and saw the prisoner in company with Jones—I desired them both to leave my beat, or I should take them into custody, and they went away—I saw Jones in custody next day, and on the Friday following I apprehended the prisoner in Newport-street—he asked what I wanted him for—
I told him—he said he should not go—I was obliged to get the assistance of another constable.
Prisoner. The next morning the constable pointed me out to the other officer, and said, "That is him, don't you know him?" and turned his head and laughed. Witness. I did not.
ROBERT BURR re-examined. He was not pointed out to me—I saw him among several more, and knew him directly—I did not know him before that night, but I saw them move several gentlemen's pockets before they stood behind the prosecutor.
(The prisoner declared his innocence, and stated he was passing down Long Acre, going to his brother-in-law's, when the officer took him; that the officer had repeatedly asked him for drink, and upon his refusing, said he would mark him.)
JAMES WESTMORELAND re-examined. I never asked him for drink, and never spoke to him, except to ask him to leave my beat when he has been on it—I knew him before—I have had him in custody for picking pockets, and he has been tried here before.
NOT GUILTY .
JOHN GILES . I am a clothes-dealer, and live in Shoreditch. On Saturday night, the 7th of March, about a quarter-past nine o'clock, I was called to the door by a neighbour, and missed two smock-frocks, which I had seen safe about a quarter of an hour before—these are them—(looking at them)—they have my private mark on them.
JAMES CODLING . I am shop-boy to Mr. Grove, a clothier, in Shoreditch, two doors from the prosecutor's. On the night of the 7th of March I was at my master's door, and saw the prisoner pass by Mr. Giles's, put his hand in at the door, and take these frocks, which were hanging up—he gathered them up, put them under his arm, and ran away.
Prisoner. Q. Are you sure it was me? A. Yes.
WILLIAM DEARMAN (police-constable G 162.) I saw the prisoner in Shoreditch on Saturday, the 7th of March, about twenty minutes past nine o'clock, with something concealed under his jacket—I caught hold of him, and asked what he had there—he made no reply—I took him to the station-house, and charged him on suspicion of stealing them—I found two smock-frocks and a piece of muslin on him—I could find no owner for the muslin.
Prisoner. I picked them up, wrapped up in the muslin—I saw no owner for them, and went along—he came up and stopped me. Witness. He was about a dozen yards from the prosecutor's shop when I stopped him—he had the muslin in his jacket-pocket.
Prisoner. I hope you will look over it; it is the first time.
GUILTY . Aged 18.— Transported for Seven Years.
WILLIAM ROGERS . I am apprentice to Messrs. Thomas Webster Harby and James Harby, rope-makers, in Bromley-lane. They have a great quantity of tar-barrels about their premises—I counted them at six o'clock on Wednesday afternoon—there were then thirty-two; and next morning, when the constable came, there were but twenty-six—I know the prisoners by seeing them about Poplar.
THOMAS HOLMES (police-constable K 12.) On Thursday, the 5th of March, at seven o'clock in the morning, I saw the three prisoners at the bottom of Grundy-street, Poplar, loading tar-barrels into a truck—they were about three or four hundred yards from the prosecutor's premises, across two gardens—Hatch and Kerr were about putting up the last barrel when I saw them—Brisley was holding the handle of the truck—I had two other constables with me—we watched them down Dock-wall, and, considering they were going to the premises of Mr. Turner, a purchaser of tarbarrels, at the Orchard-house, we went another way, through the East India Docks, and came upon them about thirty yards from Mr. Turner's premises—I took Hatch, and brought him to the station-house—I asked where he got the tar-barrels—he said he had bought them of a carman the night previous—I said, "Do you know the man?"—he said, "No"—I said, "Did you ever see him before?"—he said, "No"—I said, "Whereabouts did you see him?"—he said, "In the Commercial-road; I had been to town that afternoon, to deliver some coals in St. Mary-Axe, and I saw a wagon, in East India-road, as I was coming home, with tarbarrels in it; I asked the carman whether he would sell them; after some few words he said he would; I offered him 6s. for them; when I got opposite the George the Fourth public-house, Kerr came up; he paid his part, and we had the tar-barrels, and took them to this place where you saw us loading them, and there left them till the morning, when you saw us"—I took Hatch and Brisley's shoes off, and went to the place where I had seen them loading them, and, in the garden of a man named Barrett, found some slight traces where persons had been walking—I then went into Mrs. Douthie's garden, which joins the prosecutor's premises, and which had been recently dug up for the purpose of sowing seed—pieces of the fence were broken off, and all the way up the fence were foot-marks which corresponded with those shoes—Hatch's shoes are very remarkable, they have no heel, and flow over the side—one of Brisley's has no heel, and the other only a bit of one, which could be discerned in the footmarks—the tracks went close up to the fence where the tar-barrels were taken from—this was on Thursday morning, the 5th—after tracing them up to the fence, I went into the prosecutor's premises, and saw the foreman and Rogers—Rogers afterwards saw the barrels at the stationhouse, and identified one which he had taken the mark of the night previous.
Hatch. Q. When I told you I had been shooting coals, did I say any body was with me? A. Yes, Brisley—you told me the carman had six barrels in his van.
Hatch. I told you he had thirty—he had been round gathering them, and we bought six—he said he came from a little below Barking, and we had some beer together at the George the Fourth public-house.
CHARLES HAGAR (police-constable K 271.) I was in East India-road on the 5th of March—I went with Holmes and Pope, looked into Grundy-street, and saw the prisoners loading the truck with some tarbarrels—they were in the act of putting the last of six up—I assisted in tracing the marks of the shoes—I took Kerr's shoes off, and found marks in Mrs. Douthie's garden, exactly corresponding with them—they were deep impressions—I went through the East India Dock to the Orchard-house, and there took Brisley into custody—he was at the hind part of the truck, pushing, but when I saw him before he bad hold of the handle.
Hatch. Q. What brought you to the East India-road? A. I was on
duty there—I met you in Poplar about half an hour before, but I suspected something wrong, and went to this neighbourhood.
Hatch. He says in his deposition that he went to Grundy-street from information, that no one was with him, and that he was at the end of Crisp-street. Witness. That is so—I am the acting sergeant—I was going up Crisp-street—before I came to Grundy-street, I met Holmes, and was in his company when I saw them with the tar-barrels.
Brisley. He has known me two years. Witness. I never knew him in custody—he lived with a Mr. Trail, a wood-cutter, five or six months back.
WILLIAM ROGERS re-examined. I saw the six tar-barrels. they were such as my master had—one has a broad arrow and anchor upon it, and I know it by its having two pieces of the head to it—I had it in my hand the night before, and copied the mark on a bit of paper, and that mark corresponds with one of the six—I copied it, in consequence of my master having suspicion, for him to go to Mr. Turner's premises, to see if he could identify any that had been sold there—that was the only one I missed that had an anchor on it, and I know it by the two pieces of the head—the head had not been cut out clean, and these pieces were left on each side—I did not cut the head out myself, but I had the barrel in my hand the night previous, that I can swear.
Hatch. The anchor is a very common thing—these barrels are made at Stockholm, and each maker puts his mark on them, such as a rough anchor, or broad arrow—I have seen thousands like them, and all barrels have the heads knocked out.
THOMAS LIDDIARD . I am foreman to the prosecutor. Holmes came to me on the 5th of March, while I was at breakfast, and in consequence of what he said I looked, and missed some barrels—I missed one which I had taken the head off from the day before—we always break the heads out as clean as possible, not to waste any tar, but this head was so fast in that two little bits remained at each side, in consequence of which a little tar had drained off, and there was the mark of the tar—I went to the station-house, and saw six barrels in a truck, one of which was the one with the two little ragged bits, which I had taken particular notice of the night before, and when that barrel was turned out it happened to be the very one of which Rogers had taken the copy of the mark—I saw the officers compare the shoes—it was a soft loamy soil, very fine, and without any stones in it—there had been a slight frost over night, which made the ground crisp at the top, and the impressions of the shoes were almost as perfect as if they had been taken in wax—one shoe in particular, with only half a heel, I never saw a more perfect one—and there were the prints of the tar-barrel hoops, as they were rolled along the ground from our premises to the place where they were loaded—there was also some dirt at the place where they were thrown over the fence, and there was a sort of tressel close by the place, which would make it convenient to get them over—I have known Brisley fifteen months—he bore an honest character—he supplied me with coals.
Hatch. Q. Is it not usual for tar-barrels to have marks of such a description as this upon them? A. Undoubtedly it is, but there is not one in twenty that has a bit of the head in it.
in the truck—I took them into custody, close to Mr. Turner's premises—he had hold of the handle of the truck—I asked him where he got the tar-barrels from, he said be found them in a ditch in Grundy-street, close by the George the Fourth public-house—that is dose by the prosecutor's premises.
Kerr. I said I bought them. Witness. He did not.
Hatch's Defence. I and Brisley bad been to St. Mary-axe, to help to deliver two tons of coals; we met this carman with the barrels; he said he had been buying them round town, and he would sell us half-a-dozen for 6s.; we met Kerr just before we bought them, and he had enough money to purchase them; it was about half-past eight o'clock At night. It is impossible to say my shoes were ever across those gardens at all. I was never across them in my life; I was in bed at the time this was done. The officers have made quite different statements in the deposition. I am innocent of taking them from Mr. Harby's premises; I do not think they belong to Mr. Harby at all. I am in the habit of buying tar-barrels. Two years ago I sold some to Mr. Turner. I get my living in the Docks, clearing out ships, and tarring them.
Kerr's Defence. The officers did just as they liked with out shoes. I have seen many persons in those gardens. We bought the barrels of the carman.
HATCH*** GUILTY . Aged 19.
KERR*** GUILTY . Aged 21.
Transported for Seven Years.
BRISLEY— GUILTY . Aged 21.— Confined Three Months.
NEW COURT.—Tuesday, April 7th, 1840.
Sixth Jury, Before Mr. Common Sergeant.
GUILTY . Aged 18.— Confined one Year.
GUILTY . Aged 35.— Confined Three Months.
1045. ROBERT ATKINS KEELING was indicted for stealing, on the 24th of December, 3 shirts, value 10s., the goods of Richard Ansell: and on the 1st of February, 40 feet of veneers, value 5s.; and 6 wooden moulds, value 2s.; the goods of George Rivers, his master; to which he pleaded
GUILTY . Aged 42.— Confined Six Months.
EDWARD SPRINGBETT . I live in Great Union-street, Borough-road. At half-past seven o'clock, on the 11th of March, I was in, St. John-street, opposite the Cross Keys inn, and felt a jerk at my pocket—I turned, and saw the prisoner crossing the road from me—I called to him—instead of turning round, he walked on faster, and he ran across to the stable—I saw him tucking a handkerchief under his coat—he then dodged me among the
cabs—the cab-men closed on him, and told him to run on—they stood between him and me—I followed, and took him in Smithfield—the handkerchief was not found—I had seen it safe six or seven seconds before—no one could have taken it but him—no one else was near me—as far as I could judge, the handkerchief I saw resembled mine in colour and appearance—I suppose he gave it to some of the cab-men.
Cross-examined by MR. PAYNE. Q. How far was the person you saw with the handkerchief from you? A. Four or five feet—it was all done in a minute—I did not make inquiries or look about among the cab-men—I mentioned about the cab-men at the station-house.
JURY. Q. Did you lose sight of him? A. No, not for a moment.
GUILTY . Aged 17.— Confined Six Months.
RICHARD BYE . I am a broker, living in Pierpoint-row, Islington. On the 5th of March, a little after seven o'clock in the evening, I missed this fringe and box, which I had seen safe at half-past six o'clock, on a sideboard just inside the shop—this is it—(looking at it.)
WILLIAM CHARLES BARNES . I saw the prisoner lurking about the prosecutor's shop—he went in and took this fringe and box—he came out, and stopped to see if any one was looking, then went on to the Green, put the box down, took a portion of the fringe out, and put it into his pocket—I went to the station-house, and gave information—he was taken, with the fringe on him.
Prisoner's Defence. This box was lying on the ground—I went to see what it was, and found a parcel of old fringe—I was going to the station-house with it.
GUILTY . Aged 21.— Confined Six Months.
ROBERT PAUL . I am master of the ship Nucleus, and live in Wellclose-square. At a quarter to six o'clock in the evening of the 10th of March, I was walking in the Commercial-road, and felt a tug at my coattail pocket—I instantly turned round, and found the prisoner with my handkerchief in his hand—I caught hold of him, and he dropped it—I picked it up, called "Police," and held him till a policeman came—I had seen my handkerchief safe not above three minutes before.
Cross-examined by MR. PHILLIPS. Q. Are you sure you had not dropped it in place of putting it into your pocket? A. I am sure it was safe—he said he picked it off the ground—there would have been no tug at my pocket, which I am sure I felt, if I had dropped it.
GUILTY . Aged 22.— Confined Three Months.
bookbinders, Lovell's-court, Paternoster-row. The prisoner was their porter. On the 23rd of March I saw him in the counting-house, about seven o'clock in the morning, where he had no business to be, till half-past eight o'clock—I watched him through the other counting-house window, and saw him go to a drawer and take out this silk, endeavouring to conceal it, by placing it under his waistcoat—I went in and asked what he was about—I pulled it away from him, and gave him in charge—this silk is the property of ray employers—(examining it)
Cross-examined by MR. CLARKSON. Q. Is that ail that passed? A. Not exactly—I told him I was very sorry that I had found him out, because I knew he bad a family—I told him to go out of the counting-house, and never let me see him there any more—I went into the counting-house to him twice—the first time was about seven o'clock, or a little after—he had not then got the silk rolled up, to put under his waistcoat—I did not say any thing about silk then—I believe my observation was, "What are you doing here?" and told him to go out—he gave no answer whatever—he went out—I believe this silk was at that time in the drawer—I am not aware that it was rolled up on the counter—I then went into another counting-house to watch him—when he left the counting-house he was away for about half-an-hour—about half-past seven o'clock he came back to the counting-house—I watched him there for about half-an-hour, or not quite so long—he was walking about there, and sometimes behind the counter—he was not doing any thing there which caused my suspicion—when I went to him I asked him what he was going to do with that silk—he did not tell me that he was going to put it into the drawer that I am aware of—I will not swear that he did not say to—I do not recollect it—I know that he was in the police for some months.
COURT. Q. Did we understand you that you could not tell whether the silk was on the counter or not? A. I cannot—but I saw him take it out of the drawer.
MR. CLARKSON. Q. Did you not say you saw him patting it under his Waistcoat, and you gave him into custody? A. There was an officer sent for—he was not in custody—when he went home to breakfast he was taken in Fleet-street—his lodging was searched, but nothing was found.
JACOB EDMONDS . This silk is the property of myself and my partner—it ought to have been in the drawer—the prisoner bad no business there—he had been forbidden to be in the counting-house—we had lost a great deal of property, and stuck up notices that no porter was allowed to go in there till half-past eight o'clock in the morning.
EDMUND JAMES re-examined. I saw the prisoner take the silk from the drawer, and he was in the act of placing it under his waistcoat—a portion of it was under his waistcoat—I believe he said be hoped I would not say any thing—he was not coming out of the counting-house—he went towards the end of the counting-house.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy by the jury and Prosecutor. — Confined Four Months.
pawnbroker, in Manchester-buildings, Holloway. About five o'clock in the afternoon of the 6th of March I received information, and missed a pair of trowser, which had been hanging just inside the door—I went out, and saw the prisoner throw them out of his apron, and a gentleman pick them up—I overtook the prisoner, and gave him in charge.
JAMES GIBSON . I am a baker, living at High-street, Pentonville. I saw the prisoner running in the fields, and Ellis after him, crying, "Stop thief"—I tried to stop him, and he shook something out of a cloth—I took it up, and it was these trowsers.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Three Months.
JOSEPH HINCE . I am in the service of James Hince, a butcher, in Goodge-street, Tottenham Court-road. I had 28lbs. weight of beef on the 7th of March, which I saw safe about eight o'clock in the morning—I afterwards saw it at the station-house—it was my master's.
JOHN WALTER (police-constable E 110.) At half-past eight o'clock that morning I saw the prisoner cross Tottenham Court-road from Goodge-street—I followed him, and beard the man who was with him tell him the constable was coming—the prisoner then dropped the beef and the basket, and they both ran away—I took the prisoner, and the basket, the beef was shown to Hince, who identified it in the prisoner's presence.
Prisoner's Defence. I met a man at the corner of Goodge-street, who asked me to carry the beef for him—I crossed—he turned, and ran away, leaving me with It.
GUILTY . Aged 18.— Confined Six Weeks.
1052. JOHN THOMSON was indicted for stealing, on the 7th of March, 1 basket, value 1s. 6d.; 1 yard of canvas, value 6d.; 8 towels, value 8s.; 3 table-cloths, value 3s.; 1 shift, value 1s.; 4 shirts, value 6s.; 1 gown, value 4s.; 1 curtain, value 6d.; 1 sheet, value 2s.; 1 pair of drawers, value 1s. 6d.; 8 aprons, value 2s.; 3 pillow-cases, value 1s. 6d.; 1 handkerchief, value 1s. 6d.; and 8 collars, value 3s.; the goods of Edward Gray: and that he had been before convicted of felony.
SARAH GRAY . I am the wife of Edward Gray, and am a laundress, living in James-street, Lower-road, Islington. I was taking some clean linen home in my cart with my lad, at half-past nine o'clock on the 7th of March—I was going to stop at Bucklersbury, to leave a basket—I felt the cart give a sudden sway—I turned, and there were two men with my basket—I cannot say who they were—they dropped it—one ran round the Poultry, and the other round Bucklersbury—this is the basket—(looking at it)—it contained the things stated—I picked it up immediately.
JOHN BARKER . I am errand-boy to Mrs. Gray. About half-past nine o'clock this evening, I was driving the cart—I got as far as the Poultry, and saw the prisoner and another lifting the basket out of the cart—I am sure the prisoner was one of the men—he had breeches and gaiters on—I did not see his face—I followed him—he stopped at Grocers'-hall—I said, "If I see a policeman I will give you in charge"—he hit me on my nose, ran up against a post, and hit his head, and then when he came back he knocked me down again—I pursued him—he ran up the Mansion-house—I saw a policeman, and gave him in charge—I did not lose sight of him all the way.
Prisoner. Q. Did you see the man at the cart? A. Yes—I was struck twice—once you knocked me down, and once you hit me on the nose—you turned some corners after you went from the Poultry—you were about three yards from me—I never said that I lost sight of you.
THOMAS DEVERELL (City police-constable, No. 834.) I was coming up Sherborne-lane—I heard the cry of "Stop thief," and the spring of a rattle, and caught the prisoner in Ball-alley—I saw Barker pursuing him.
JOHN JAMEES REEVS (City police-constable, No. 245.) I was on duty at half-past nine o'clock, I received information, and went after the prisoner, and overtook him—when he was stopped by Deverell, he had knee breeches and gaiters on.
Prisoner. Q. When the lad came to you how far was the man from him? A. I should think about twenty-five yards—you were the man he pointed out—you had on a black apron—your back was towards me, but you turned round and saw me—I lost sight of you when you turned by the Mansion-house, but I can swear to you—if I had not sprung my rattle I should have lost you.
Prisoner's Defence. I went down this street, and heard the cry of "Stop thief," and saw a man run past me; I lost sight of him, and the policeman took me; Reeves came up and said I was the man the boy ran after.
GUILTY . Aged 29.— Transported for Fourteen Years.
JAMES HODGES . I am an inmate of the workhouse, in Cleaveland-street, Fitzroy-square. The prisoner slept in the next bed to me, on Saturday the 7th of March—I had a little bag, with one shilling, a half-crown, two sixpences, and a gold ring wrapped in a piece of white paper—I left them in my trowsers' pocket by the side of my bed, when I went to bed—on the Monday morning I missed it—the prisoner was dressing himself—I said to the man in the next bed, "My bag is gone," and the prisoner went down stairs—the half-crown was discoloured from some sulphur—this is it—(looking at one.)
JAMES DURHAM . I am an inmate of this workhouse. About six o'clock on Sunday morning the 8th of March, I saw the prisoner groping, and handling the prosecutor's clothes at the head of the bed—I took particular notice—there were some low characters in the house, and I was afraid to mention it till he mentioned it to me.
THOMAS ATTRELL . I am a constable. On the 13th of March, I took the prisoner and said he was my prisoner for robbing Hodges,—I asked him if he had any money—he said, "Yes, half-a-crown"—I found on him a half-crown and a gold ring wrapped up in a piece of paper—I asked how he got them—he said, he found the half-crown, bat said nothing about the ring.
Prisoner's Defence. On Thursday morning I picked up a bit of paper, it turned out to be this ring and half-crown.
GUILTY . Aged 33.— Confined Four Months.
1054. GEORGE ALEXANDER was indicted for stealing, on the 13th of March, 3 feet of iron chain, value 1s. 6d.; 2 staples, value 1s.; 5 hooks, value 1s.; 8 bolts and nuts, value 1s.; 2 iron copses, value 1s.; 2 harrow-tires, value 6d.; and 16 lbs. weight of iron, value 6d.; the goods of Joseph Nicholls and another.
JOSEPH NICHOLLS . I am in partnership with George Nicholls, a farmer, at Whitton, near Hounslow. This chain and other things were safe in the rick-yard near the house on the 12th of March, and the next morning they were gone—these are them—(looking at them).
HENRY REDDY , I am accountant to Mr. Boughton a veterinary surgeon. The prisoner and another boy came to our shop on the Friday or Saturday morning, with this iron in a bag or cloth—they asked me to buy it, which I did.
Prisoner. You bought it of the other boy, not me. Witness. You were with him.
GUILTY.** Aged 16.— Transported for Seven Years.
GUILTY . Aged 20.— Confined Six Months.
Cross-examined by MR. PAYNE. Q. Did you lose a pair of trowsers at the same time? A. Yes; which have not been found.
WILLIAM HILL . I am porter to Mr. Reay. About half-past seven o'clock that morning I had the coat and trowsers to brush—I saw the prisoner coming out of the warehouse door with the coat under his arm—I asked him his business, and he threw the coat down—I caught him—this is the coat, it was placed inside the office door.
Cross-examined. Q. Is the office inside the door of the warehouse? A. Yes. I was coming out of the cellar, which is close by the warehouse—I was not a yard from him—I had a candle in my hand—I knew the coat directly—he walked away—I took up the coat and followed, and overtook him in Fenchurch-street—I have no doubt that he is the man.
William Hurst, a weaver, of Manchester-street, Bethnal-green, gave the prisoner a good character.
GUILTY . Aged 19.— Transported for Seven Years.
JOHN PERRING . I am a glass-cutter, and live in Gray's Inn-lane. I lost some plane irons on the 21st of February—I did not give them to the prisoner—I have not found them—I have not looked after them—I did
not speak to the prisoner about these tools—I did not find it out till he was in prison—he is my grandson.
JOHN ARMSTRONG (City police-constable, No, 204.) I saw Sir John Cowan write this deposition, it was read to the prisoner, he signed it, and he confessed to me that he had taken these plane-irons, and sold them in the New-cut for 1d.
NOT GUILTY .
GUILTY.** Aged 18.— Transported for Seven Years.
GUILTY . Aged 18.— Confined Three Months.
ROBERT CARTER . I live in Red Lion-street, Holborn. About eleven o'clock in the evening of the 12th of March, I was in Holborn, near Field-lane; a person touched me and asked if I had lost any thing, I missed my handkerchief—I went back with this person and found it in a policeman's hand, and he had the prisoner—this is it—(examining one)—I know I had it a little while before.
Cross-examined by MR. PAYNE. Q. Have you any mark on it? A. Yes, in two places.
ALEXANDER BENGO . I live in Duke-street, Smithfield. About eleven o'clock that night I was coming down Holborn, and saw the prisoner with two others, one of the others attempted the prosecutor's pocket, but did not succeed—then the prisoner went forward, the other two shielded him, and he drew the handkerchief from the pocket—the other two drew off, and the prisoner pulled up his smock-frock and put the handkerchief into his own pocket—he was dressed as a coal-heaver—I told the policeman and he was taken.
Cross-examined. Q. How far were you from them? A. Three houses—I could not be mistaken about his being one of them—I am a hair-dresser.
Cross-examined. Q. What became of the other two? A. I never saw them—I was close to him when he dropped it.
The prisoner received a good character.
GUILTY . Aged 21.— Confined Three Months.
MARY MANSFORD . I am the wife of Thomas Alexander Mansford, a tobacconist, in St. John's-lane, Clerkenwell. About eleven o'clock in the morning of the 7th of March, the prisoner came to our shop for a box of Lucifer matches; I served him, and he went out—I returned to my back parlour and an alarm was given—I went into the shop and found about 1lb. of return tobacco was gone out of a jar which stood on the counter—the
prisoner was soon afterwards brought in by a policeman—I believe the tobacco produced is what we lost, it resembles it in every respect.
WILLIAM HANNAM . I live in St. John's-lane. About half-past eleven o'clock on this morning I saw the prisoner go into the shop to buy some lucifer matches; he went to the corner, turned back, and saw Mrs. Mansford go into the parlour; he then went into the shop and came out with something in his apron—I ran after him and he was taken by a policeman—he threw the tobacco down about a yard from him, and there were the remnants of it in his apron.
Prisoner. I have neither father nor mother, and I have no home: I have been getting my living in this way for two or three years.
GUILTY . Aged 15.— Transported for Seven Years.—Convict Ship.
1062. JAMES MARSDEN was indicted for stealing, on the 6th of February, 2 razors, value 1l. 1s.; 4 medallions, value 2l.; 2 pocketknives, value 2s.; 1 box of paste, value 2s.; 1 piece of India ink, value 1s.; and 1 brush, value 1s.: also, on the 5th of November, 19 razors, value 2l. 10s.; 21 pocket knives, value 3l.; 10 stilettos, value 1l. 4s. 5 pairs of scissors, value 125.; 1 razor-strop, value 2s.; 1 shaving-brush, value 2s.; 2 combs, value 1l. 10s.; 9 ivory balls, value 15s.; 4 boxes, value 2s.; and 4 sets of chess-men, value 51l.; also, on the 21st of March, 1 box, value 6d.; and 31 chess-men, value 10s.; the goods of Thomas Howard Rigge, his master; to all which he pleaded
GUILTY. Aged 47.—Recommended to mercy by the prosecutor. — Confined Six Months.
HENRY ILDEN TILBY . I bought a flat, containing 27 lbs. weight of butter, in Newgate-street, on the 6th of March, and put it into my cart—I went into the market, and when I came back the basket and butter were gone.
GEORGE BOLTER . I am in the employ of Mr. Waite, of Butcher Hall-lane. I was at the top of Butcher Hall-lane and saw the prisoner take a basket out of the prosecutor's cart and run across the road with it—I gave information—we ran and took him with the butter.
JAMES RAYNER . I live in Nelson-street, Shored itch. I was minding this cart, and went after the prisoner—I overtook him with this butterflat, which was the one put into the cart—he had got half a mile from the cart, and was looking over the butter, to see what he had got.
Prisoner's Defence. A man told me to stand by this, which I did, and I asked the officer to wait till the man came up, but he would not.
(The prisoner received a good character.)
GUILTY . Aged 15.— Confined Three Months.
GUILTY . Aged 15.— Confined Four Months.
The prisoner went to arrange a sale at Mr. Burton's, in Tottenham-street, in the beginning of March—I know nothing of these screws and vice.
Cross-examined by MR. CLARKSON. Q. Whose goods were to be sold? A. James Burton's—it was an execution under a judgment—the goods fetched some 100l. under the amount of the judgment—they were delivered into the possession of Mr. Price, on the 18th or 19th of March—they had been seized by the Sheriff—they were at Burton's house—the sale took place on his premises—the goods had been seized a week or a fortnight before—Burton was living in the house—I should not have allowed him to meddle with any of the articles.
COURT. Q. You did not authorize the owner of the house to have any care of these things? A. No. The prisoner has been in my employ three or four months, and bore an extraordinary good character—I cannot account for this act.
JOHN BURTON . I am apprentice to Mr. James Burton, in Tottenham-street. I attended the sale—the prisoner was attending there—these screws were there, and would come under his cognizance in his duty there—they were in a box—I found they had been taken away by some one—I know this hand-vice—it was broken, and I mended it myself.
Cross-examined. Q. Has your brother any other name but James? A. No—he is now on the Continent—he was there about a fortnight, before the prisoner was committed.
WILLIAM HENRY SIMMS . I am in the employ of Mr. Payne, a brassfounder, in Shoe-lane. I produce these screws and vice—the prisoner came and offered them for sale at my employer's on the 20th of March—I asked him whose they were—he said he had been employed at a sale in Tottenham-street, but could not tell me the number of the house, and these screws were on the premises, but not entered in the catalogue—I asked if he had purchased them—he said no—I asked if they had been given him—he said no—I gave him in charge.
Cross-examined. Q. What are you? A. Clerk to Mr. Payne—I had not seen the prisoner till the Thursday evening, when he brought some metal, which I purchased of him—I gave him 7d. a pound—he was a stranger to me—these are useless but to go into the melting-pots—this vice was not offered for sale, it was found on the prisoner.
GUILTY. Aged 38.—Recommended to mercy by the Prosecutor and Jury. — Confined One Month.
OLD COURT.—Wednesday, April 8th, 1840.
Third Jury, Before Mr. Sergeant Arabin.
1066. JOHN MILLARD was indicted for forging and uttering 3 requests for the delivery of 5 dozen pairs of stockings, and other goods, with intent to defraud John Benjamin Neville and others; to which he pleaded
GUILTY . Aged 25.— Transported for Seven Years.
MR. CLARKSON conducted the Prosecution.
I paid 9l. 19s., as fees, to the prisoner; but nine guineas of it only was due to Mr. Courtney.
Cross-examined by MR. PRENDERGAST. Q. I believe you have had the money back? A. It has been returned.
MR. CLARKSON. Q. When was it returned? A. The evening of the day before the prisoner was committed, the sum of 10l. was laid on my desk in the office.
THOMAS COURTNET , Esq. I am a conveyancer, and live in Lincoln's Inn. The prisoner was my clerk and had been so nine or ten years, he was a valuable clerk—I had a great opinion of his honesty and integrity—I prosecute him with the greatest regret—his duty on the receipt of fees was to pay them to me immediately—he had no authority to retain them without informing me of receiving them—I did not know that he had received from Mr. Chadwick nine guineas on my account—he never accounted for that sum.
Cross-examined. Q. Have you reason to believe it was his intention to return the money to you? A. I think it was—I think he had a reasonable expectation of being able to do so.
(The prisoner received an excellent character.)
NOT GUILTY .
Before Mr. Justice Littledale.
1068. EDWARD FELLOWES and JOHN HENRY were indicted for burglariously breaking and entering the dwelling-house of James Hughes, about two o'clock in the night of the 17th of February, at St. Pancras, with intent to steal, and stealing therein 2 coats, value 3l.; 6 spoons, value 1l. 10s.; 2 table-cloths, value 10s.; 1 toast-rack, value 10s.; 4 knife-rests, value 1d.; 1 castor-top, value 3s.; 1 pair of sugartongs, value 10s.; 1 pair of snuffers and tray, value 1l.; 1 card case, value 1l.; 2 candlesticks, value 1l. 18s.; and 1 thermometer, value 15s.; his property; also 1 tea-pot, value 5l.; 1 coat, value 3l.; 1 cloak, value 3l.; 1 cape, value 1l.; and 1 handkerchief, value 3s.; the property of William Edmund Slaughter.
MR. CLARKSON conducted the Prosecution.
JAMES HUGHES . I live in Heathcote-street, Mecklenburg-square. On the night of the 17th of February, I went to bed about one o'clock in the morning—there are two entrances to the house, one from the area and the other at the front-door—I saw that the front-door was locked and bolted—it was the business of the servant to look to the area door—there is a garden in front of the house—the kitchen-door which leads from the garden is partly glazed—my servant White called me up about seven o'clock in the morning and I missed the articles stated, which I had seen safe the night before—I found the corner of the kitchen window had been broken large enough to admit a hand, the fastenings undone, the window thrown up, and one of the panels of the shutter was cut out with a chisel—one of the hinges was forced off—there appeared to be marks of a chisel on the shutter—a chisel was produced to me when I came down stairs—I believe it was handed to the policeman.
ELIZA WHITE . I am in the service of Mr. Hughes. I have known Fellowes about twelve months, he was living in the service of Mr. Kelly opposite the prosecutor's—I became acquainted with him there—I have spoken to him several times at my master's garden-gate—he has been inside the garden, as the gate was always open—he used to come to speak
to me—I have not spoken to him since the 1st or 2nd of September last—I do not know what he has been doing since he left Mr. Kelly. On the night of the 17th of February I went to bed about a-quarter to one o'clock—the kitchen window was fastened and the door also—I took all the plate up stairs except the silver tea-pot, plated toast-rack, some silver tea-spoons, a mustard-spoon, a desert-spoon, two plated candlesticks, snuffers and tray, and a castor-top—I left the tea-pot, toast-rack, and kniferests on a shelf in the kitchen—as it was so late in the evening I did not think it worth while to take them up—the others were in the drawing-room—the coats and cloaks hung in the hall—the clock was in the kitchen against the wall—there was one table-cloth in the kitchen drawer, and a dresser-cloth and card-case—I took all the rest of the plate up stairs—I came down stairs at seven o'clock in the morning and found the coats and cloaks gone out of the upper hall—it was not very dark nor very light—I got a light and went down to the kitchen—I saw one pane of the kitchen window broken, and the shutter standing outside—the other shutter hung in its place—a person by putting a hand through the window could get the shutter off after throwing the window up—I missed the articles stated from different places—there were five coats and. cloaks in the hall altogether—(looking at a handkerchief)—I have seen Mr. Slaughter, the lodger, with a handkerchief like this—there were marks on the shutter where it had been forced open by some instrument like a chisel—I found a chisel like this on the kitchen dresser, and gave it to Cousins, the policeman, there is a notch in the edge of it—it was near a mahogany knife-box which had been broken open—I saw the marks on it—they might have been produced by a chisel—I have put the broken pieces of the box together and they make a complete box—the marks on these pieces of wood look exactly as if they were made by this chisel.
WILLIAM EDMUND SLAUGHTER . On the 17th of February I lodged at Mr. Hughes's—I lost a great-coat, a cloak, a cape, this handkerchief, and a silver tea-pot, that night—the value of the whole is at least ten guineas—when the handkerchief was in my possession it was marked "W E S"—here is the place where the mark was in—here are the remains of it now—there is a very little of the red cotton left in it—I bought it at Hawes and Otley's, in the Poultry, and they got it marked for me—I believe it to be mine—it is the same pattern—I had it several weeks before the robbery.
Henry. Q. If your handkerchief was marked how can you swear that is yours? A. It is exactly like the one I lost—there are all the remains of the three letters.
Fellowes. He said at the station-house he did not perceive the marks at all. Witness. I did not state any such thing—I said I did not know whether it was marked in the corner or side—I could not have told the day after the robbery in what particular part it was marked—I have every reason to believe it is mine, because there are the remains of the three letters in red cotton—I said I did not know with what colour it was marked, but, to the best of my recollection, Mr. Hawes advised roe to have it marked red.
LOUISA BREWER . I live in Lime Street-passage, City. I am in the habit of working for Hawes and Ottley—I remember some weeks ago receiving from their servant a handkerchief to mark—I marked "WE S" on it in red cotton at the side—it is more usual to mark at the corner—I
hemmed it also—this is like my hemming, but I could not swear positively to it—this has every appearance of my work—here is where the letters hare been picked out—I cannot distinctly tell what the letters have been—the first has every appearance of a W—there have been two other letters here, but I cannot trace the form of them distinctly—the threads of the handkerchief are broken, which destroys the shape of the letters—here is the remains of red cotton about it—it is exactly such a handkerchief as I did mark, and in the same place, and with the same coloured cotton—it was hemmed with black silk, and so is this—there is nothing extraordinary in that.
Henry. Q. Did you have no other handkerchief besides that to hem? A. Yes—the last I hemmed like this was two or three months ago—that was this one.
Fellowes. Q. Did you never hem any other handkerchief for this gentleman? A. Not that I know of—I said I had hemmed other handkerchiefs of the same kind from the same shop, but not for Mr. Slaughter—they were the same kind of material, but not the same colour or pattern—I have not hemmed one of the same colour nor pattern since—I have no recollection of hemming another of the same pattern about that time—I have not hemmed any of the same pattern for two or three months, and they were different colours—it depends on the colour what I hemmed them with—I cannot swear to this handkerchief.
MR. CLARKSON. Q. Have you ever on any occasion hemmed any handkerchief of this fabric, colour, and pattern, except the one sent to you by Hawes and Ottley? A. At different times I have, but not lately—I have hemmed some of the same material and pattern, but not the same colour—I have not hemmed a black and white one since—if it was a different colour the silk would be the colour of the handkerchief—I invariably mark handkerchiefs with red cotton.
JAMES HAWES . I am one of the firm of Hawes and Ottley, of the Poultry. I remember selling Mr. Slaughter a black and white handkerchief like this a few weeks ago—it is an old pattern—I have, no doubt, sold many such—MR. Slaughter wished it hemmed—I asked if he would have it marked, and advised him to have it marked at the side, which was done—this handkerchief has been marked, and here is where it has been picked out—MR. Slaughter wished it marked with white, but I advised him to have it marked with red—this handkerchief has been marked with red evidently—there have been three letters on it, but I cannot state what they were—nobody marked for us except Miss Brewer at that time, and Mr. Slaughter's handkerchief was sent to her—I saw it delivered to him afterwards—I have no doubt this is the handkerchief—I cannot swear to it, because there are so many like it.
Henry. Q. Is it six months since you began to sell that pattern? A. I have sold them for years—I have sold some within a fortnight, but not marked in the same way—it is not usual to mark them with red—we often hem them, but not mark them—I have no recollection of giving directions for any other to be marked red—I never recollect ordering one of that pattern to be marked with red cotton and three letters—I saw the handkerchief after it was marked—it was marked in the side.
MR. CLARKSON. Q. Have you any knowledge of the prisoners? A. Not the least—I have no idea of having sold them any handkerchief.
seven o'clock in the evening, on the 27th of February, I saw the two prisoners in Gray's Inn-lane, in company with a third person—it was about eight o'clock as near as possible—they were going towards Holborn—I saw them walking all three together eight or nine yards before they came opposite to me, on the opposite side of the way—Murphy, my brother officer, took hold of Fellowes, who immediately said to the other two, "Halloo, look here"—I at the same moment ran across the road—the other two stepped off the footpath into the road towards Fellowes—Murphy was in plain clothes, I was in uniform—I went to Murphy's assistance, and then they both stepped on the footpath back again, and walked away as fast as possible—I ran after them, and secured Henry—the other escaped.
Henry. Q. What distance was I when I stepped off the footpath, when you took me into custody? A. You were thirty or forty yards from Fellowes when I took you—you did not run, nor look back—on the road to the station-house you said, "What hare you got me in, custody for?"—I said, "Never mind, you shall know as soon as you get to the station-house"—that was in Holborn, when we had got three parts of the way to the station-house, which is in George-street, St. Giles's.
CORNELIUS MURPHY (police-constable E 21.) I took Fellowes—he was in company with Henry and another man—I found on him a box of Lucifer matches, with a candle inside it, and two more pieces of candle in his breast-pocket, and, in his left coat-pocket, this chisel, a gimlet, and three knives—he was groom to Mr. Kelly once, I believe—on my seizing him he said to the others, "Halloo, look here," calling their attention to me—I was in plain clothes—I was in search of Fellowes at the time—I called Martin to assist in apprehending the others.
Henry. Q. Where was I apprehended? A. At the top of Gray's Inn-lane—at the time you were taken, I believe you were on the path—I took Fellowes about thirty yards from Holborn—when I took him the three were together, but when you were taken you were twenty or thirty yards from Fellowes—I cannot say whether you were talking to him.
JOHN CRISPIN RAWLEY . I am an Inspector of the G division. When Henry was brought to the station-house, I saw him in the lock-up place, I took this handkerchief off his neck, and asked where he got it—he said he bought it in Petticoat-lane about three weeks ago—I received this notched chisel from the sergeant at the station-house—it was left in charge there by Cousins—these chisels can be bought with or without bandies—this corresponds with the one found on Fellowes in the handle, the maker's name, and in every respect except being a size smaller—there it nothing extraordinary in them—they appear to have been handled by a person who did not understand using them.
CATHERINE HEWITT . I live in Hampton-street, Gray's Inn-lane. On Monday night, the 17th of February, I passed through Mecklenburg-square, a little after eight o'clock, as I was coming home—before I came to Heathcote-street I observed a man on the left-hand side in Mecklenburg-street, loitering about, and when I came to Heathcote-street I saw two men on the left-hand side—No. 12 is on that side—they appeared in company together—the lesser one stood at the edge of the pavement, with his hands in his pocket—they did not appear to wish any body to see they were acquainted together, but they appeared from their manner to be acquainted—I had suspicion of them, and turned round and looked at them—there is
no thoroughfare through Heathcote-street—Fellowes is just the height and size of the one who stood on the edge of the pavement with his hands in his pocket—his face is very familiar to me, but I cannot tell where I have seen him—the other man was walking down towards me when I first saw him, as if coming out of Heathcote-street—he walked to the end of Heathcote-street, then turned round, and walked back again, past the one who stood at the edge of the pavement—that was Henry—I had seen him several times in the street before—he has every appearance of being the man—I believe it was him—I had seen him about before—I had suspicion, and stopped to look at him for about five minutes.
Henry. Q. Can you state why you believe it was me? A. You answer in size and height, and with respect to your coat it was a frockcoat, apparently black, or next kin to it.
JAMES NIGHTINGALE . I live on Saffron-hill. The prisoner Fellowes lodged with me four or five weeks before Monday, the 17th of February—he did not come home to sleep that night—he had slept at my house for three successive nights before that—on the Tuesday, the night after the robbery he slept at my house—he came home in liquor that night—he was in my debt before the Monday, and in distressed circumstances—he had deposited a shirt with me for 4d., which he owed me—my lodging is 4d. a night—when he came on the Tuesday night he paid 3d. of the debt, and I returned him his shirt—I had had it from the 11th to the 18th of February as security.
CHARLES COUSINS . I received this largest chisel from White at the prosecutor's house on the morning of the 18th—I saw the pieces of the knife-box—they were fastened to the lid by the lock—this chisel has the appearance of being the one which made the marks on the box—this one was found in the house—I examined the shutters—they had marks of force on them—the chisel found in the house corresponds with the marks on the shutter, and I have no doubt made them.
JOHN CRISPIN RAWLEY re-examined. I was in attendance before Mr. Greenwood the Magistrate, at the prisoner's examination on this charge—I believe the name of Mr. Greenwood to this to be his handwriting—I have seen him write, and feel confident of it—I could not speak quite positively—I believe it to be his writing—unless my attention was specialty called to it I should not say it was his, I think—I heard Henry make a statement which was taken down by the clerk, and signed by Mr. Greenwood—it was read over to him—he did not sign it himself—he said it was his statement. Fellowes also made a statement, which was read over to him before the Magistrate signed it.
GEORGE ROBINSON . I am clerk to Mr. Yardley, the attorney for the prosecution. I am acquainted with the character of Mr. Greenwood's handwriting—the signature to this examination is his writing—I have seen him write many times—the body of the writing is the clerk's.
(Read)—"The prisoner Henry says,—'I bought the handkerchief, as I said before, in Petticoat-lane. I am in the habit of buying and selling things there, and translating shoes. I was coming through Gray's Inn-lane when I was stopped. I was not with Fellowes; I am not acquainted with Fellowes. I have seen him before, but not to associate with him. I asked what I was taken for; they said I should soon know. I am a total stranger to what I was taken for.'"
"The prisoner Fellowes says,—'I am quite innocent of the crime; the things found on me I found in Leather-lane the same night.'"
Henrys Defence. I was not with Fellowes at the time stated, nor was I in Heathcote-street. I bought the handkerchief with another which I have on.
NOT GUILTY .
1069. SAMUEL HANSON was indicted for burglariously breaking and entering the dwelling-house of James Merry, about eleven o'clock in the night of the 2nd of March, at St. Leonard, Shoreditch, with intent to steal, and stealing therein, two coats, value 4l.; 2 pairs of trowsers, value 1l. 5s.; 2 waistcoats, value 1l.; 6 handkerchiefs, value 10s.; 3 aprons, value 3s.; 2 brushes, value 2s.; 1 shirt, value 2s.; 1 shirt-front, value 6d.; and one stocking, value 6d.; the goods of Benjamin Arthy.
BENJAMIN ARTHY . I am a baker, and lodge at a coffee-house at the corner of Christopher-street and Wilson-street, Finsbury-square, kept by James Merry. On the 2nd of March, I left my room between six and seven o'clock in the morning, leaving nobody there—I shut the room-door when I came out, but did not lock it—I latched it—it is on the third floor—the window looks into Christopher-street—an old lady and gentleman lodge on the second floor—there is only one servant—it is in the parish of St. Leonard, Shoreditch—I returned home about seven o'clock in the evening, and went up to my room about eleven o'clock to go to bed—I then found the door standing wide open, and a box of clothes which I had left locked in the morning, broken open, and the things stated gone—the window-blinds were shut down in the sash with the window, as if it had been put down in a hurry—there are two windows—only one was so—some clothes and a hat-brush were gone out of a drawer, and a coat, waistcoat and trowsers from a peg—the articles are worth about 7l. 13s. altogether—I came down to inform the landlord, and the officer was standing at the bar—I went with him to the station-house and saw the prisoner, and all my things there—I did not know him before—these things were all safe when I left in the morning—I found some old rags left in the room which did not belong to me.
ROBERT SPINK . I was a policeman at the time in question. On Monday night, the 2nd of March, I was on duty in Clifton-street, Finsbury-square, and about twenty minutes before eleven o'clock saw the prisoner come from the door of Merry's coffee-house, which is at the corner of the street; he looked round, looked up at the house, and then looked down and picked up a bundle which I had seen fall down on the ground from some part of the house, but I cannot say exactly which window; when he picked it up he looked up again and caught two other bundles, one after the other—he picked up the first one which he had, and put with the other two and ran away with them—I saw a handkerchief and stocking fall from the bundle—I took them up, followed him, and stopped him in King-street, Finsbury-market—I asked him what he had in his bundle, he said, "Dirty linen," that it was given to him by a young man at the Finsbury coffee-house—he said he knew the young man but did not know his name—I asked him if it was his dirty linen, he said "Yes"—I saw the sleeve of a coat and of a clean shirt hanging out—I thought it was not right, and took him to the station-house; in going along we passed the Finsbury coffee-house, and I asked if he had been in there he said "No"—on going further, he said two of the bundles he had brought from St. Paul's churchyard, and the other he had given to him by some young man his mother used to wash for—I examined
the bundles at the station-house and they contained the articles stated—I went to the Finsbury coffee-house, up to a room which the prosecutor and Merry showed me, and found a box broken open—the windows of that I room look into Christopher-street, where I saw him pick up the bundle—I examined the windows, one of them had been open—I returned to the station-house and found two brushes and a handkerchief on the prisoner, a piece of list, and a waistcoat—the prosecutor went there with me and claimed all the articles found on the prisoner—I have left the police a fortnight—I was dismissed—the things have been at the station-house, locked-up, under the care of Finlay, the inspector—he is not here—Cole delivered them to me here—I know they are what I found on the prisoner.
BENJAMIN ARTHY re-examined. These are all my property—I know the coats from their general appearance—I had put them away the day they were stolen—they have no mark on them—I have worn some of them six months and some twelve months—the aprons I also, know from their general appearance—this is my shirt, I know it from wearing it—I know the brushes, I have had them three years—I heard no noise in the house—a Loan Society meets there from seven till eleven o'clock on Monday nights, and we do not notice the people who go up stairs and down—I dare say seventy people went up to the club-room on the first-floor that night—the servant of the house is a female.
Prisoner's Defence. Last Monday five weeks I had been with a young gentleman my father worked for in former years, he lives in Bishopsgate-street, and is a wine-merchant; I went with him to take care of a cart and assist him with the goods he had in it; on returning home in the evening, coming down the City-road, I missed him; I went back to look for him and saw these things lying down by the public-house; I took them up, and as I crossed the road another policeman came up, and this one asked what I had there, I told him dirty linen; he asked where I was going to take it, I said home; he took me to the station-house, went to the coffee-house and brought this young man there.
(John Baker, of Butler's-buildings, Bermondsey; and Rosetta Cabby, of Dun Wiley, Bishopsgate-street, gave the prisoner a good character.)
GUILTY. Aged 21.—Of Stealing under the value of 5l .— Transported for Seven Years.
1070. THOMAS SAVAGE and GEORGE BODDY were indicted for a robbery on the 8th of March, on Michael Callaghan, putting him in fear, and taking from his person, and against his will, 1 handkerchief, value 4s. 6d., his goods.
MICHAEL CALLAGHAN . I am a labourer in the employ of Mr. State, and live at Bow-common. On Sunday, the 8th of March, I was going along Brick-lane, Whitechapel, between eleven and twelve o'clock at night, I was going home—I saw three persons standing at the corner of a public-house, they seemed to be talking together, and as I came up they separated to make room for me to go between them—one of them tripped me up, and when I was down another came and untied my neck-handkerchief and pulled it off—they knocked me down senseless—I fell on my face—when I was getting up they all ran away—I was on my knees getting up when the handkerchief was taken—he pulled it as hard as he
could—it did not come off very easily—when 1 got up I saw my handkerchief in the prisoner Savage's hand as he was running away, and I saw him twisting it up in his hand—I do not know the other two—Boddy looks very much like one of them—I cannot swear to him, but I think he was one of them—I called out, a policeman came up in two or three minutes and I gave him a description of the men as near as I could—I never saw Savage before, but I am certain he is the man that took the handkerchief off my neck—I went to the station-house directly—Savage was brought there—I knew him again directly I saw him—the handkerchief was brought to the station-house by the policeman with Savage, and I knew it again.
Savage. When I came to the station-house he was intoxicated. Witness. I was not—I am sure 1 had not drunk above a glass or two of ale that day—I had been in one or two public-houses—I had a pint of ale in each, and another man with me had a share of it—I might drink a pint and a half—I had no gin.
GEORGE METCALF (police-constable H 123.) On Sunday night, the 8th of March, I was on duty in Fleur-de-lis-street, Brick-lane, Spitalfields—I saw the prosecutor between twelve and one o'clock at the corner of Thrawl-street, knocking at a public-house door—he made a complaint to me—he appeared as if he had been stunned—he appeared in liquor at that time, but three minutes after he appeared perfectly collected—he gave me a description of three men, in consequence of which I went in pursuit, and in about half or three quarters of an hour I saw three men standing in Fleur-de-lis-street, at the corner of George-street—they perceived me, and separated—two of them went up George-street, and Savage walked down Fleur-de-lis-street—he said, "Good night, Bill" or "Tom" I am not positive which, "I shall see you in the morning"—I immediately walked after him, laid hold of him, and said I wanted him—he asked what for—I said he must come to the station-house with me, that he had a handkerchief about him that did not belong to him—he said, "I have not, and I shall not go"—I said, "You shall"—he would not go—I then searched him, but could not find the handkerchief then, nor any thing at all—I let him go, but followed him up—about five minutes afterwards another officer came up to me, and produced the handkerchief—in consequence of what he said I went after Savage again, and apprehended him again—I should know the other two men if I were to see them again—Boddy is one of them, I am positive—I had seen him before—I took Savage to the station-house—he was searched there, but nothing found on him.
ELIZABETH COUSINS . I am in custody for the purpose of giving evidence—I live at No. 7, Fleur-de-lis-street. On Sunday night, the 8th of March, between twelve and one o'clock, I was going home, and saw Savage scuffling with Metcalf—I saw Savage take a handkerchief out of his pocket, and throw it behind him—Metcalf took him away—I picked up the handkerchief, and gave it to Burnham, the officer—I have seen it since in the officer's hand, and before the Magistrate, and knew it again—I had seen Savage about ten minutes before I saw him scuffling with Metcalf—he was then in company with Boddy and another—Savage had a handkerchief in his hand at that time, showing it to Boddy and the other—(they were going down the street)—it was a red ground with yellow flowers.
Savage. Q. Do you swear you saw me take the handkerchief out of my pocket, and throw it down? A. Yes, and I picked it up.
JOHN BURNHAM (police-constable H 58.) On Sunday night, the 8th of March, I was going along Fleur-de-lis-street, between twelve and one o'clock, and saw Metcalf searching Savage—he found nothing on him, and let him go—Cousins came to me soon after, and delivered me this silk handkerchief—(producing it)—I delivered it to Metcalf, and he apprehended Savage directly after.
ALLEN PIPE (police-constable H 51.) On Sunday night, the 8th of March, about twelve o'clock, I was on duty and heard a bustle in Wentworth-street—I went down, and found the two prisoners and another—they had been trying to upset a woman—I ordered them away, and said, if I saw them in the street again, I would take them to the station-house—I followed them to the end of Brick-lane—about ten minutes after I received a description of three persons, in consequence of which I apprehended Boddy on Tuesday, the 10th of March, in Brown's-lane, Spitalflelds—I told him I wanted him, on suspicion of being concerned in knocking down and robbing a man on Sunday night—he said he knew nothing at all about it—I said, "You recollect my driving you out of Wentworth-street on Sunday night, about twelve o'clock?"—he said he was not there, for he was at home and in bed at ten o'clock—I said, "I suppose you know Savage is in custody for the same thing?"—he said he did not know any such person as Savage—I took him to the station-house.
GEORGE METCALF re-examined. I received this handkerchief from Burnham—it has been in my care ever since, at least I left it with the sergeant at the station-house on the 10th, and received it from him to bring here—I am positive it is the same.
MICHAEL CALLAGHAN re-examined. This is my handkerchief, and the one that was taken from my neck that night—I know it by being hemmed with yellow thread, and by its being a little soiled in the middle—I have had it six years—I cannot swear to it by the pattern, as there may be others like it—it is the pattern of the one I lost.
(The prisoner, Savage, in his defence, stated, that he had been to his aunt's, in Whitechapel-road, to a christening, and had a little to drink, and on his return was stopped by the policeman, and taken to the station-house for stealing this handkerchief, of which he was quite innocent.)
Boddy's Defence. On the Sunday night 1 was at home at ten o'clock—the door was usually fastened by that time, and if I was later I could not get in—my mother was out nursing—she came home about half-past eleven o'clock, and saw me in bed and asleep with my little brother—on the Tuesday following, as I was going on an errand in Brown's-lane, the policeman came and said he wanted me on suspicion of a robbery on Sunday night—I said I knew nothing about any robbery—he asked if I knew any body named Savage—I said I did not—I am innocent of it.
SAVAGE— GUILTY . Aged 18.— Transported for Ten Years.
BODDY— NOT GUILTY .
Fourth Jury, Before Mr. Recorder.
1071. ROBERT CHANDLER was indicted for that he, on the 5th of March, being armed with a certain pistol, in and upon Fanny Lisette Elizabeth Wortley Nainby, did make an assault, and pat her in fear and danger of her life, and feloniously stealing from her person, and against her will, 1 purse, value 1s.; 1 half-crown, and two shillings; her property.
FANNY LISETTE ELIZABETH WORTLEY NAINB . I am single, and keep a preparatory school for young gentlemen, in Canonbury-place, Islington. On the evening of the 5th of March, about seven o'clock, or a few minutes after, I was walking with two of my pupils, Wilkinson and Fortescue, who are both eleven years old, through Canonbury-field—it is a regular highway—I overtook a man, who stopped when I came near him, drew a little on one side, and said, "I will thank you for some money"—I said, "I have none to give away"—he then went behind me, and on coming to the other side he said, "I have been told you have, and I must have some"—I said, "I have a few shillings only in my pocket," and felt in my pocket—he came close to me, showed me a pistol in one hand, and held the other for my purse or whatever money I had—I gave him my purse, on seeing the pistol, from fear—he held the purse up on my giving it to him, went behind me, and went away—it contained half-asovereign and two or four shillings, I am not certain which—I had not the opportunity of noticing his face, but I noticed his figure—I did not notice his voice particularly, I was too much frightened—the prisoner was thinner when I saw him at Hatton-garden than when I saw him in the field, but from his general appearance I then thought it was him, and I am of that opinion still—I did not see his face, as I had rather a thick veil down, and he kept rather on one side.
Cross-examined by MR. PRENDERGAST. Q. What time was this? A. A few minutes after seven o'clock on Thursday, the 5th of March—I am quite sure of that—he held his hand for the money—I did not recollect at the moment whether I had my parse, or my money loose in my pocket, but I felt my purse, and I gave it him, which I should not have done but for the pistol—he did not threaten me, but he frightened me as much as if he had threatened me—he did not say he was distressed, nor any thing like it—he stood by my side, and held the pistol in his band—I only saw the barrel of it—I saw the whole of the barrel, not the stock—I did not see the lock nor the handle.
Q. How could you tell it was a pistol? A. From my observation of it—I saw the barrel and the mouth—there are other tubes like a pistolbarrel, but I think decidedly this was a pistol—he showed it to me to intimidate me—he did not tell me it was a pistol, nor tell me he would do any thing to me with it—the mouth was not turned towards me—I saw the wood that supports the barrel—I bad my veil on at the time—It was not a very indistinct view that I had—my veil is not a very thick one—I have the same on now—I wear it to exclude the air, being subject to a cough—it was dusk—I will not swear it was a pistol-barrel.
COURT. Q. Were you impressed with that notion by seeing a barrel supported by wood as a pistol is, and the month also? A. Yes—we had crossed from Paul's-terrace—it struck seven o'clock when we came to the end of Paul's-terrace, which makes me know it was very little after seven o'clock.
FREDERICK FORTESCUE . I am eleven years old—I am a pupil of Miss Nainby's, and live with her. I was with her on the 5th of March in Canonbury-field—we passed through Paul's-terrace in our way—I noticed a man in Paul's-terrace, it was the prisoner—I am certain of him—he turned
round and looked at us, which made me look at him—when we were walking across Canonbury-field he was walking before us, then he went behind, and said he would thank Miss Nainby for some money—she said she had none to give him—he then came before her, and showed her the pistol, and she gave him the money—I saw the pistol—I noticed the barrel and the lock—I noticed his features—I had seen him before on Paul's-terrace, and knew him to be the same man—I was noticing him when he produced the pistol, and had the purse from Miss Nainby—I was alarmed, which made me look at him more—it did not take long—I positively swear he is the same man—I have no doubt about it.
Cross'examined. Q. It was dark, was it not? A. Nearly dusk—he had his finger on the trigger when Miss Nainby was going to give him the money—I could see the flint distinctly—I could not see the handle, he had it in his hand—when I saw him in Paul's-terrace he was idling about, walking slowly—I had never seen him before that night—it was about five minutes between our being in Paul's-terrace and seeing him in the field—there is no light in Canon bury-field—he had a light flannel jacket on, and dark trowsers—I saw him in custody about a week after, or perhaps more.
JOHN WILKINSON . I am eleven years old—I live with Miss Nainby. On a Thursday evening I was in Canonbury-field, when a man spoke to her—he said, "I will thank you for some money"—Miss Nainby said she had none to give away—he came to her side, and said, "I have been told you have some, and I must have it"—he then presented the pistol, and she gave him her purse—I had seen the same man before on Paul's-terrace, and noticed him—he turned round and looked at us as we passed, and when he got behind us he stood and looked at us—he had a flannel jacket on—the prisoner is the man, I am quite clear about it—I had not hold of Miss Nainby's hand—I was walking on one side, and Miss Nainby in the middle—the prisoner came on the side I was on when she gave him the purse.
Cross-examined. Q. He presented the pistol, did he? A. He had it in his hand—he held it—he did not hold it before Miss Nainby—I did not see where he got it from—he did not have it in his hand on Paul's-terrace, and I do not think he had it in the field at first—he had it when he said, "I will thank you for some money"—it was dusk—I saw him afterwards at the police-office—I was told I was to go to see the man who bad robbed Miss Nainby—I went, and knew him to be the man—Miss Nainby told me I was to go to see the man that robbed her—they showed me nobody but the prisoner.
COURT. Q. When you saw him did you recognise him? A. Yes, directly—I expected to see the same man, and when I saw the prisoner I knew him to be the same.
MR. PRENDERGAST called
RICHARD CHANDLER . I am the prisoner's brother, and am a shoemaker, and live at No. 1, Windsor-street. The prisoner is a shoemaker—he follows the trade with me. On Thursday night, the 5th of March, he was at home, working with me—he was working with me at seven o'clock—we had more work than usual, having a fresh shop to work for, which made me very busy—we worked very late in the evening, till we went to bed—I am certain he was not out of my house at all on the Thursday—he went out for a few minutes on Wednesday into the adjoining street—he was not gone above a few minutes—I am quite certain he did not leave the house on Thursday—he never wore a flannel jacket—the officer came to my
house to search for one, but nothing of the sort was found—I am a married man.
COURT. Q. When did you take the house No. 1, Windsor-street? A. About six weeks ago—I have only two rooms—I took them on the last Monday in February, but I have lived in the same street five months—I moved on the Monday—I have been there about five weeks—I had two shops to work for, which made me take the two rooms—I know it was the Monday before March that I went into the rooms—I got work the beginning of the week after I got there—I begin work at seven o'clock in the morning, sometimes before—my brother was taken up three weeks ago last Monday—I think it was a fortnight after the fifth of March—I do not recollect the day of the month—I got more work on the day my brother was apprehended—it is very seldom I keep the day of the month—I speak to this day, because I recollect I got some more work—there was a strike with some shoemakers, and they left the shop on a Monday—I went to the man, and he gave me more work—that was in the week that it is said these ladies were stopped—I know it by the 4th of March being Ash Wednesday—he went out into the next street for a trifle that was owing—we began work at seven o'clock that Thursday, and finished at eleven o'clock—he never went out of the house from seven to eleven o'clock, only into the back-yard—he was not absent five minutes—Paul's-terrace is, I should think, a mile and a half from Windsor-street, or better, and Canonbury-field about a mile—I live not quite half a mile from the City-road—the prisoner dined at my house that Thursday, and drank tea, and breakfasted there also—Britannia-fields is close by where I live—my brother was at home with me on the 16th of March till he was taken in the evening.
Q. Then, from the Monday in February up to the 16th of March he had never been out an evening? A. Never, except on Wednesday evening, when he went out to get a trifle that was owing to me in the next street—that was the only time he left my house in an evening—he lodged with me, and slept in the back-room—I slept in the front-room—we first worked in the back-parlour, but the weather being cold we took to work in the front-room—my brother came to me from a Mr. Lickfold—I never walked out with my brother—I was always obliged to work very hard, not on Sundays and all, but I was always at home on Sundays, and my brother too—he never went out of an evening—if he went out he went out of a morning.
Q. Now recollect yourself about the 16th of March? A. I never keep the day of the month—he might have been taken then—I do not know whether he was taken that evening—I do not know the day of the month—I know the Monday evening he was taken—I know he was caught in our street by an officer.
ANN CHANDLER . I am the wife of the last witness. I remember Ash-Wednesday—the prisoner was at our house that week at work with my husband—he was at home on the Monday of that week—he was not out that day, nor Tuesday—on Wednesday he was out a little in the evening I think, between eight and nine o'clock—he was not out at all on Thursday I am quite sure—he could not have been out without my knowledge, because I am always in the room with them—I live in the same room as they work—he was not out at all that evening—he had lodged with us about four months on this occasion—we lived at No. 33, in the same street—he
had been with us in both houses—I never saw him wear a flannel jacket—I never saw such a thing on him—the officers searched our house to find one, but they could not find it—I am positive we never had such a thing in our house—he slept in our house, and got his meals with us—he had a box in which he kept his things—that box was searched by the officers—no part of his clothing had been put out of the way—we had no idea that he was taken.
COURT. Q. He was taken in your street, was not he? A. Yes, but we did not bear of it till the officers came, which was, I think, the same afternoon—I went to the police-court, and was examined by the Magistrate in the presence of the prosecutrix, and stated what I have now.
MISS NAINBY, (re-examined.) I saw this witness and her husband before the Magistrate. I saw the prisoner in the field a few seconds before he stopped—he was ahead of me—there are two roads, one that we went, and a road that goes straight by the side of the field, and I think he came suddenly on us, before us—we had got about two thirds across the field—I think he went in a different direction to us to the same spot—it is a large open space—there is a road by the side—it is not two minutes' walk from Paul's-terrace to Canonbury-field—it is merely across a bridge by the New-river—we did not appear to be following him any time before I saw him—he suddenly appeared before us.
(Charles Lick fold, cheesemonger, Windsor-street, Islington; and John Mallett, shoemaker, Liverpool-road, Islington, gave the prisoner a good character.)
GUILTY. Aged 20—Recommended to mercy on account of his previous good character. — Transported for Fifteen Years.
1072. ROBERT CHANDLER was again indicted for that he, on the 5th of March, being armed with a certain pistol, in and upon Sabrina Jane Archer did make an assault, with intent to rob her of her goods and monies, from her person.
MR. BALLANTINE conducted the Prosecution.
SABRINA JANE ARCHER . I live in Annett's Crescent, Lower-road, Islington. On the evening of the 5th of March, about a quarter to seven o'clock, I was returning down Canonbury-park alone—I overtook the prisoner in Canonbury-park—I passed him—he afterwards came by my side, and said, "Some of your money if you please "—I perceived nothing in his hand then—I said I had no money—he then placed himself before me and presented a pistol—he held it before me, presented it, and almost touched my bonnet with the muzzle—I begged of him not to hurt me when I saw the pistol—he said, "I will not hurt you, but I am sure you have some money in your pocket"—I told him I had none, and said, "I hear people coming, let me pass"—he said, "Do not say a word, and I will let you pass; I am forced to do it, I can't help it"—he then let me go, and I went home—the prisoner is the man that stopped me—he was dressed in a white jacket—I cannot swear to what kind of an article it was—it was particularly white and clean—I know it was the time I state—I was coming from Islington—I had gone out at five o'clock merely into the town—I left Islington about half-past six o'clock—it is not quite half a mile from there to Canonbury-park—I walked straight to the park.
COURT. Q. Is the park the same as the field? A. No—the field is at the top of the park—it leads into the field—I got home rather before
seven o'clock—I live about fifteen minutes' walk from Canonbury-park—Canonbury-park is a good distance from Paul's-terrace—I was about the middle of the park when I was stopped, which is some distance from the field—I got home about seven o'clock—I did not look at the clock—it was dusk—I was told that was the time—there are two or three different roads from Paul's-terrace to the park.
Cross-examined by MR. PRENDERGAST. Q. Is the park by Canonburytavern? A. No—it leads down to Annett's-crescent—it is almost at the top of the field—it is more like a lane than a park—it was dusk—it was about half-past six or twenty minutes to seven o'clock—it was quite dark about a quarter of an hour afterwards—it was nearly dark when I got home, which was more than ten minutes after—I was very much alarmed—I had a good opportunity of looking at the man—I looked first at the pistol and then at him—he had on a white jacket—it appeared like a woolen one of some description—not in the least like the one be has on now—I saw him at Hatton-garden, and at the station-house the same day—I had given a description of him at the station-house the night I was stopped—I went with Miss Nain by to Hatton-garden—I never knew her before—the two boys were not with us that day—the policeman called at our house and said they had taken a man answering the description I had given—I knew him directly I saw him—I bad never seen him before.
JAMES DEAR . I am a policeman. I received a description of a person charged with stopping the prosecutrix—the description was left at the station-house where I received it—I did not have it from her—I took the prisoner on another charge on Monday night, the 16th—I informed the prosecutrix I had taken a person answering the description she had given—I took him in Windsor-street, leading out of Britannia-fields—I searched the house he lodged at, but found no flannel jacket.
Cross-examined. Q. Was the description given as a man in a flannel jacket? A. The features of the man and the stoutness answered the description—he was described as five feet eight inches, rather stout and a fresh complexion—the description was a man in a white jacket—the prisoner had not on a white jacket when I apprehended him—I have no re-collection of ever seeing him before—he had on the jacket he has on now—he was also described as having on dark striped trowsers and a dark waistcoat—he had a dark waistcoat on—the description given to me was dark striped trowsers—I searched the house in Windsor-street for a white jacket, but found none—I have made inquiry about to find out any body who had seen the prisoner in a white jacket, but I have brought no evidence of the sort.
MR. BALLANTINE. Q. Could you meet with any body who had seen him on this particular night except the persons who gave you the information? A. No—they sated he had a white jacket.
MR. PRENDERGAST. Q. When you searched the house, were not his brother and sister-in-law there? A. Yes, on the 17th—I took him on the 16th.
COURT. Q. Had you any knowledge where he lived when you first took him? A. I did not know the number—I knew he lived in Windsor-street—I took him on the night of the 16th, and did not search the house till between two and three o'clock on the afternoon of the 17th—any body might have got rid of a jacket in the mean time.
MR. PRENDERGAST called
RICHARD CHANDLER . I remember the day in question—I will swear my brother was at home that day—he could not have been out without my knowledge-l know it, for a man was to call in the evening and leave us a card for some linen-drapery, and my wife said to me and my brother, "I wish you and your brother would do the work in the other room, as it makes the room in such a mess"—I am quite certain he did not leave the house that evening—he was at work with me all the evening—I work for Mr. Palliser, nearly opposite Cross-street, in Upper-street—there had been a strike there on the monday before the thursday, which made me busier than I had been for some time—my brother never had any white jacket—I never saw him in such a dress—I never saw him with a pistol, nor heard of it—he never wore any other coat but the one he has on now for months, neither on Sunday or work day—I heard ray brother was at the station-house on Tuesday morning.
COURT. Q. What time did he go out on the Monday? A. Past ten o'clock at night—he was merely gone out to have a pint of beer after he did his work—I never heard any thing of him till next morning.
ANN CHANDLER . The prisoner was at home with us on the Thursday evening after Ash Wednesday—he was at work with my husband all the evening I am confident—I never knew him have a white jacket—he has a blue coat and trowsers which he has pledged—the policeman took the ticket of that dress out of his box.
COURT. Q. How many brothers has your husband? A. Two living—the other lodges with his brother-in-law, in Prospect-place, Liverpool-road—he is older than the prisoner—he is a travelling cheesemonger—he travels about with a horse and cart—he lives with Mr. Mallett—there is a little resemblance between him and the prisoner—I do not think they might be mistaken for each other—the Liverpool-road is about ten minutes' walk from Windsor-street—I should not think it is more than five minutes' walk from Canonbury-field.
1073. ROBERT CHANDLER was again indicted for stealing, on the 16th of March, 1 shawl, value 14s.; and 1 handkerchief, value 6d.; the goods of Henry Robert Bradbear; from the person of Hannah Bradbear.
HANNAH BRADBEAR . I am the wife of Henry Robert Bradbear, and live in vine-place, Tabernacle-square, Old-street-road. On the night of the 10th of March I was intoxicated, and recollect myself last at the station-house—before that I was going up the New North-road—I was only in one gin-shop—I do not know the name of the house—I was alone—this shawl and handkerchief are mine—(looking at them)—I had them on that night.
Cross-examined by MR. PRENDERGAST. Q. You do not remember whose company you were in at all? A. No—the first house I was in was the public-house in the New North-road—it was eight o'clock when I left home
—it was a very fine night, and I took a walk—I had not seen my husband all day—I saw him the next day—I slept at home with him the night before—I was not looking for him that night—I went by myself to the gin-shop—very little made me drunk—I did not get into the company of one or two men—I was not in company with any man at all—I saw a man in the New North-road—he did not do any thing with me—he spoke to me—I am sure I cannot say what he said—I do not know where I went after that—that is the last thing I recollect—it was after I left the public-house—I left the public-house sober—I do not know what the man said to me—he might touch me—I fainted when the policeman saw me—I could walk when I left the public-house—I did not see the prisoner to know him—I saw him at the station-house—the man I saw in the New North-road was not the prisoner—that man did not stay long in my company—he only talked to me—he was with me about ten minutes—I walked with him—I do not know where to—I have no recollection afterwards—he was no friend of my husband's.
JAMES DEAR . I am a policeman. I saw the prosecutrix about twelve o'clock on the night of the 16th of March, with a shawl on, standing at the end of Windsor-street, which leads out of Britannia-fields—in about two minutes I saw the prisoner and another man accompanying her about one hundred and fifty yards across the field—they were walking by her side—one had hold of one side of her, and she appeared hanging on their arms for about one hundred and fifty yards in the field—the prisoner then left her suddenly and ran away—the prosecutrix called out that he had robbed her of her shawl—I pursued and took him in Windsor-street, with the shawl and handkerchief, which I have produced; closely buttoned under his coat—I took him to the station-house—the prosecutrix was intoxicated—I took her also to the station-house—I was in plain clothes—when I took the prisoner he said, "I suppose I have got your wife's shawl, but don't handle me"—he appeared perfectly sober.
Cross-examined. Q. Who was the other man? A. I do not know—I did not see the prosecutrix in the New North-road—she was about five minutes' walk from there.
GUILTY . Aged 25.— Confined Six Months.
NEW COURT.—Wednesday, April 8th, 1840.
Fifth Jury.—Before Mr. Common Sergeant.
1075. GEORGE ANDERSON was indicted for stealing, on the 8th of March, 1 dish, value 1s. 2d.; 4 1/2lbs. weight of beef, value 2s. 8d.; and 1 pudding, value 8d.; the goods of Matthew Targett: 2nd COUNT, stating them to be the goods of Richard Pryke; to which he pleaded
GUILTY . Aged 14.— Confined One Month, and Whipped.
GUILTY . Aged 77.— Transported for Seven Years.
1077. GEORGE AUSTIN PARKER was indicted for stealing, on the 9th of March, 1 box, value 6d.; 14 Jews' harps, value 4s.; 1 nail-brush, value 1s. 6d.; 1 coat, value 3l.; 1 waistcoat, value 16s.; and one pair of trowsers, value 6s., the goods of George Eastwood; to which he pleaded
GUILTY . Aged 13.— Transported for Seven Years.—Isle of Wight.
GUILTY . Aged 19.— Transported for Seven Years.—Isle of Wight.
1079. ELIZABETH MARTIN was indicted for stealing, on the 12th of March, 2 pairs of trowsers, value 14s.; and 1 coat, value 1s.; the goods of Francis Russet; and that she had been before convicted of felony; to which she pleaded
GUILTY.*** Aged 70.— Transported for Seven Years.
GUILTY.* Aged 14.— Transported for Seven Years.—Convict Ship.
1081. PAUL WESTON was indicted for stealing, on the 4th of March, 341bs. weight of hay, value 6s.; 2 bushels of beans, value 8s.; and 1 sack, value 2s.; the goods of Thomas Kenrick, his master: and ABRAHAM MILLER , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. PHILLIPS conducted the Prosecution.
GEORGE RIDGWAY . I am in the employ of Mr. Kenrick, of Brook Green farm, Hendon. On the 13th of March I was employed at the Oxgate farm, belonging to Mr. Kenrick—I loaded a load of hay on the cart at five o'clock in the evening—Weston was in the employ of Mr. Kenrick, and pitched me that load of hay—I backed the cart In the shed after binding it, and between eight and nine o'clock I went to the shed and saw the cart there, and found a truss of hay above the ropes that I had bound on the load—I had not put that truss on the cart—I also found a sack of beans about the middle of the load of hay, close under the truss—I went to London and informed my master—Giles, who was in Mr. Kenrick's employ, went back with me—I showed him the cart—I saw that cart about three o'clock the following day—Weston had it—he was starting to go to London—I walked behind and followed it—Weston stopped opposite the watering-trough at the Cock public-house at Kilburn, and I stopped—I heard the rattle of some beans, but was not close enough to see any thing—Giles walked on—Weston was with the cart then—it stopped there eight or ten minutes—I was not close enough to see if Weston went on with it or not—I suppose he did—I was behind the cart a little distance—he did not come back and meet me—I saw a truss of hay lying on the ground near the water-trough—I searched and found a sack containing some beans placed under the gateway leading to the yard of the Cock public-house—I staid by the property till a policeman and Giles came—the beans in the sack were of the same kind as my master's—it was the same sack that I had seen the evening before—the hay that I found at the watering-trough was the same quality as my master's.
Cross-examined by MR. BALLANTINE. Q. Are you in the prosecutor's
employ now? A. No, I left on the Saturday, because he did not want me—I was his carter—it was my duty to load the cart—Weston had not been with the cart more than once or twice—my master was not at the farm on that evening—Weston had orders to discharge me; he said he would not do it himself, but leave it to his master.
JAMES GILES . I am ostler to Mr. Kenrick. Ridgway came town, and I went to the Oxgate farm—I saw the cart, and found a turss of hay on the top, and a sack with about two bushels of beans—I made a mark on the sack—Weston came to the ears after I left it, and I saw him coming down the lane with it—Ridgway and I then followed him to the Cock public-house at Kilburn—when I heard the cart stop I walked on, and when I got opposite the cart, about seven yards from it, I turned round—I saw Weston get on the cart, and put down the hay and beats—he then got down, took the beans, and carried them under the gateway eight or nine yards off—he then went to his horses and went on towards London—waited about an hour and a quarter, and then I taw a policeman with Miller in custody, and the hay and beans—I went to the station-house, and then went on to my master's and gave information—this is the sack that I saw—here are three marks which I made on it with my knife.
Cross-examined by MR. PAYNE Where were the sack and beans left? A. In the covered gateway leading to the Cock public-house—I believe there are some cottages behind the Cock public-house.
WILLIAM TUCKER (police-constable S 129.) I was on duty at kilburn—the two witnesses pointed out to me the hay and beans—I watched and saw Miller come and take up the sack of beans an carry them into the Cock public-house yard; as soon as he saw me he dropped them—I walked up to him and asked what he had dropped there—he said "Nothing," I said I saw him drop a sack with beans in it, and then he said he had dropped it—I asked him what he was going to do with them, he said he did not know—I believe he is a labourer—I took him to the station-house, then went to the prosecutor's yard, in Oxford-street, where I saw Weston loading a cart with manure; his master gave him into custody and told him it was for leaving hay and beans at the Cook public-house—he said he left it there to bait his horses on returning back to the farm—he had three horses in his cart—I found five pecks and three-quarters of beans in the sack.
Cross-examined by MR. PAYNE Q. Did you see Miller come out of the Cock public-house garden? A. Yes, he came out from one of the cottages there.
THOMAS KENRICK . I keep a livery-stable in Oxford-street, and own the farms that hare been spoken of. Weston and his wife lived at Oxgate farm, he had the care of the premises, and all the things there were under his care—he came on the day stated to Oxford-street, from Oxgate farm, which is five miles from town—the horses are never baited on the road—they are baited and watered in town for two or three hours while the men unload the cart and load the manure—Weston had no right or authority from me to take beans or hay from my farm under pretence of baiting the horses on the road—he came to my yard that morning about five minutes past five o'clock—the policeman afterwards came and told me what he had been doing—I took him to Weston, and said "Weston, how could you for shame of yourself, after I have trusted you with all my property, rob me?" he said he had not robbed me—I said, "What did you do with the
beans and hay?" he said he had brought them to bait the horses—I said, "Did you ever know of any food being brought for the horses before?" he said, "No"—the value of this hay is about 4s. 6d., and these beans about 8s.—I do not know that I ever told Western not to bring food for the horses.
NOT GUILTY .
JAMES RAMSEY . I live in Fox's-lane, Shad well. The house, No. 5, Peel-alley, belongs to me—I saw the water pipe there fixed on the 3rd of March, about two o'clock in the day—it was taken away that evening, and has not been found since.
WLIZABETH MUGGERIDGE . I live next door to No. 5, Peel-alley. On the 4th of March, about a quarter before seven o'clock in the morning, I saw the prisoner come through my passage, out of the yard, with a bundle, but I was not dressed and could not follow him—about a quarter-past seven o'clock the same evening he came through my passage again, going into the street—I opened my room door, collared him, and asked what he did there—he made me no answer—I pulled his jacket aside and saw under it a roll of lead—he pulled me outside and dragged me for three doors, I was then fatigued and let him go—I had seen the pipe safe that day, and when he was gone I missed it.
Prisoner. I know nothing about it.
GUILTY . Aged 19.— Confined Six Months.
(There was another indictment against the prisoner.)
JOHN MERCER . I am assistant to Mr. Thomas Martin, a pawnbroker on Snow-hill. On the 23rd of March, about ten minutes past two o'clock, the prisoner and another girl came into the shop—the other offered an article to pledge, which I refused to take—as they were going out the prisoner pulled down this shawl, and ran off—I overtook her about twenty yards off, and took this shawl from her.
Prisoner. The other girl pulled it down, and gave it to me when I came out. Witness. No, the other girl came out before you.
GUILTY . Aged 15.— Confined Ten Days.
JOHN SCOTNEY (police-constable T 180.) On the 16th of March, about half-past eight o'clock, the prisoner passed me at Hillingdon with something in his hand—he went towards a stile—he stooped, put down something, and then got over the stile—I went and found this coal-scuttle, which I know bad not been there before—I looked over the stile, and saw him lying on the ground—I got him up, and said, "Is this your coalscuttle?"—he said, "Where is Jack?"—he afterwards said he had been drinking at Morris's beer-shop.
Cross-examined by MR. PAYNE. Q. Had you known him by sight? A. Yes—he had been employed by the Western Railway—this was close
to the railway—I believe there had been a stag turned out that day—I took him again in about half-an-hour on West Drayton-green, drunk, and when I first saw him he was rather the worse for liquor.
Cross-examined. Q. Did you not see him go away? A. Yes—I saw nothing with him.
NOT GUILTY .
WILLIAM BAKER . I live in North Audley-street. I left my master's cart in Newgate-street on the 21st of March, and left my coat on the horse's back—I returned in about ten minutes, and it was gone—this is it (looking at it.)
THOMAS BAKER . I live in Princes-street, Lisson-grove. On the 21st of March, about seven o'clock, I saw the prisoner and two more in New-gate-street—I saw the prisoner go and take the prosecutor's coat, and run away with it—I could not follow, as I am lame, but I gave information, and he was stopped in Giltspur-street.
RALPH GRIFFIN (City police-constable, No. 438.) I was in the station-house, Giltspur-street. I heard an alarm, and ran out—the prisoner had then been stopped, and I took him—this coat was brought to me—he said he did not have it.
Prisoner's Defence. I know nothing about it.
GUILTY.* Aged 16.— Confined Six Months.
1086. JOSEPH KELSEY was indicted for stealing, on the 28th of February, 2 coats, value 30s.; 1 handkerchief, value 1s.; 2 pieces of tape, value 6d.; 1 hat, value 5s.; and 1 pair of gloves, value 6d.; the goods of Thomas William Green: and 1 coat, value 8s., and 1 hat, value 4s., the goods of James George Routledge.
THOMAS WILLIAM GREEN . I live in Chandos-street. On the 28th of February I went to Messrs. Willis and Co., in St. James's-street—I left my coat and hat at the end of a board, where the porters brush the clothes, between six and seven o'clock in the evening—I returned between nine and ten o'clock, and they were gone—my handkerchief is here, with a letter which was written to me from Liverpool, and two pieces of tape which were in my coat pocket.
Prisoner. Q. Can you identify all the articles? A. I can identify the handkerchief and the letter—I have once or twice corresponded with the writer of this letter—I cannot swear to his hand-writing—I swear to the letter, by its being directed to me, and it is written in blue ink—here is a mark on the handkerchief—I was at work in the front-shop, where the men work—the men are in the habit of going backwards and forwards for their jobs to the place where these coats were—I cannot say how many men were there then—there were more than twenty—I cannot tell how many of them had access to where the coats were—there is a little hole in one of the corners of this handkerchief, by which I know it—when the policeman came to me he did not show me this handkerchief, but only the letter—he showed me a handkerchief which was not mine, and the next day, when before the Magistrate, he produced this handkerchief—the place where these coats were is in a line with the front-shop—there are always
persons on the premises—they can see from the back to the front, but not from the front to the back—there are looking-glasses which reflect—it is not usual to take things out of the pockets of coats at that place, if coats were sent to be altered—I should not take things oat of the pocket, but if any things were in the pockets they would be returned—I had not made use of the letter that day, but the lining of my coat was torn, and the letter went down between the seams—it could not have got out without being taken out—there is a narrow passage at the back of the premises which is no thoroughfare—there was a dog on the premises, but when he is not tied up he does not bark—he is not above two months old—he was in the back-room, but was not tied up—I think these article were not secreted on the premises, as we looked for them for half an hour, as I did not like to go home without my coat—I and three or four more persons looked in every place where they might have been mislaid—there was a gas-light on the middle counter, and these things were placed at the end—when the persons were at work in the front they could not see these coats, as there is a projection just before you turn into the ware-room—the policeman showed me all the articles which were in my coat-pocket, except the gloves—I cannot say that they were in the pocket when the coat was stolen, they might have, been taken by different persons.
COURT. Q. Do you believe this letter to be the same that was in your pocket that night? A. Yes, there were two pieces of tape in the pocket—I believe these are the pieces, but I cannot swear to them—I have no doubt about this being my handkerchief.
JAMES GEORGE ROUTLEDGE . I live in Newton-street, Holborn. On the 28Ch of February I was at work at Messrs. Willis's, in St. James's-street—I left my hat and coat in the porter's room, between two and three o'clock, and in the evening, between nine and ten o'clock they were gone—there was a bit of wool and some wadding in the pocket of the coat—the wool and wadding have been found—these are them.
Prisoner. Q. It is not an easy thing to swear to wool, is it? A. No; but I have a particular mark on this, this bit of green worsted—if the worsted was not on it I should not have known it—it is not tied to it, it is loose and mixed with it—here is no mark on this worsted—I do not know the wadding by the quantity nor colour—I bought it in Windmill-street, HayMarket, and had it about a fortnight—I use if in my business—I put it into my pocket at dinner-time—any thing might have been put in or taken out of the pocket, without my seeing it, when the coat was there—a great number of persons have access to where the coat was—I went in the back way—the door was open—there would be no difficulty in a person going and taking these things without being seen by the persons who were transacting business—these things were two or three yards from where the persons were—I was in the office, which is in front—I could not see the coats—I cannot say that this is all the wadding I had in my pocket—there was a very small dog there—I do not know whether they are in general more watchful than others—the dog was about a yard from where the coats were left—he did not bark at me when I went in—I did not search for my coat when I came away, but every part was searched—these articles might have been taken by a person without his taking the coats.
I saw the prisoner standing against the gate of No. 6—I asked what was his business—he said he was waiting for a boy who had gone in with turnips and greens—I waited some time, and no boy came—the prisoner was talking about the stars, what time I was relieved, and so on—he then wished roe a good night, and went off—I rang the bell and made inquiry—I then went after him, and said I would take him to the station-house—he asked what for, he had done no harm—I took him—he kept eating some pieces of bread, and at the comer of North-street he dropped a lantern—a boy picked it up—he said it did not belong to him, but to the boy—I took the prisoner to the station-house, and found on him 8d., a surgical instrument, two pieces of tape, this wadding, this letter, and some memorandums in his bat—I asked how he came by these things—he said a woman gave them to him—I took this handkerchief out of his hand, but by some means he got it again, and I took it again the next morning.
Prisoner. Q. Have you a good memory? A. Pretty fair—I had been on the beat seven or eight days before—I do not recollect seeing you before—I took you on suspicion of committing a felony—you were discharged for that, and, having these things on you, you were detained—I know No. 10, Elm-tree-row—I am not aware of any thing occurring to any of the members of that family that day—I saw a carriage come there between nine and ten o'clock—I cannot tell how long it remained—I am not aware of any ladies having come in it—I did not see it arrive at the door—you told me at the station-house that you had got some money from a lady who had come in a carriage—I went there the next morning, and ascertained you got 6d. for showing the, house ale wasted—I was told that night that some person was about there—they said they saw a big Irishman, who was gone into a stable—you" said you were waiting for a boy at No. 6—I asked there, and ascertained that you were not—I saw a woman come to the door and give you something, and you were eating.
Prisoner's Defence. I was in Piccadilly on the 29th of February, and found these things rolled up in the handkerchief, I threw them in my hat just as I found them, and the officer found them on me in that state; I was in extreme distress, and that was the reason I applied for bread to the woman at No. 6; she gave me some, and I was eating it; I am a native of Dublin, I had only been in London two months, and having no employ, I was obliged to ask relief.
NOT GUILTY .
RICHARD PAINTER . I was in the employ of Thomas and William Vesper, pawnbrokers. On the 10th of March this waistcoat was on the top of some beds outside the door—about four o'clock in the afternoon I received information, went out, and found the prisoner under an arch in Lucas-street, with this waistcoat.
Cross-examined by MR. PHILLIPS. Q. How long after you lost it did you find it? A. About five minutes—I pulled her cloak on one side, and saw it—she said she picked it up—she had not been in oar shop—I did not see any body take it—I was attending to somebody else at the door, who was buying articles.
take a black waistcoat off two beds which were on a table outside the window—I gave information.
(The prisoner received a good character.)
GUILTY . Aged 52.— Confined Two Months.
1088. JOHN WILLIAMS was indicted for stealing, on the 18th of March, 1 coat, value 1l., the goods of Edward Hoare: and 1 coat, value 2l., the goods of Bransby William Powys; and that he had been before convicted of felony.
MR. JONES conducted the Prosecution.
ELIZABETH SAWYER I am servant to Mr. Bransby William Powys, a solicitor, in Guildford-street. About seven o'clock, on the evening of the 18th of March, the prisoner knocked at the door—I answered it—he asked for a pair of trowsers to be repaired, and not knowing him, I asked where he came from—he said, "From Mr. Wilson's"—I asked him to come on the mat, while I went up to my master, leaving him there—I came down soon after—he was gone, and I missed two coats from the passage—I ran turned the comer of Everett-street, and saw him running with the coats, which he dropped after I called, "Stop thief"—he was stopped, and brought back—these are the two coats—(looking at them)—they were safe when the prisoner came—one of them belongs to Mr. Edward Hoare, who lives in the house, and the other to my master.
Prisoner. Q. What was I dressed in? A. The same clothes you have now—I can swear to your waistcoat and handkerchief—when you were brought back I was lying down, fainting—I can swear to you because I saw you running with the coats, and you dropped them, and you were brought back—the coats were in the house then, because I picked them up when you dropped them.
JOHN TERRY . I am a plasterer. I was in Everett-street, Russell-square, and saw the prisoner running with something, which I took to be cloaks or coats—I heard the cry of "Stop thief"—I followed him—he threw the coats in the kennel—I followed—he was taken at the corner of Coram-street, by a policeman—I did not lose sight of him till he was taken.
Prisoner. Q. Did you not take me, and let me go? A. Yes, I let you go, and ran after another person, but I suspected you were the man all the time; your crying "Stop thief" made me think it was the other, but I took you again in two minutes—there was no one running before you.
WILLIM CROMPTON SEVER (police-constable B 113.) I produce a certificate of the conviction of John Williams, which I got from Mr. Clark's office—(read)—the prisoner is the person who was tried by that name.
GUILTY . Aged 26.— Transported for Seven Years.
Shoreditch. On the 19th of March I lost a glazed windowsash—this is it—(looking at it.)
Prisoner. Q. Had you seen me on your premises? A. No. I lost twenty-five sashes in three weeks.
THOMAS ZINZAN (police-constable N 67.) In consequence of information, I watched the prosecutor's premises on Monday and the two following nights, at a quarter-past seven o'clock. On the 19th of March I saw the prisoner come down the yard, and look about some time very cautiously, he then drew this sash out, took it in his hand, and went away as fast as he could walk—I stopped him, he seemed confused—I asked what he was going to do with it—he said, at last, "To buy it"—I found 11 1/4 d. on him.
Prisoner's Defence. I came to a timber-yard where they sell old materials and marine stores; I stopped, looked down the yard, and saw some sashes lying there, I went down, and looked about, but did not see any one on the premises; I went to the shed, looked at four or five sashes, took out one old-fashioned one from the rest, took it about two yards, and laid it one side, thinking I had not sufficient money to pay for it, but if I and the prosecutor could have bargained, I would have left 6d. deposit. The policeman laid hold of me while I was going to the prosecutor's house to know the price.
GUILTY . Aged 33.— Confined Six Months.
ROSETTA KEESING . I am the wife of Henry Keesing, a dealer in clothes, on Saffron-hill; the prisoner was my charwoman. I missed two coats and a waistcoat—I spoke to her about them—she told me she had taken them, and where she had pawned them—I told her it would be better for her to tell me—these are them—(looking at then)—I found them in consequence of what she told me—she cried very much, and said she had given the money to her mother.
RICHARD REEVES . I am a pawnbroker, in Gray's Inn-lane. I took in pledge, of the prisoner, this waistcoat for 1s. 6d. one coat for 8s. 6d. the other coat 3s.—she said they were her own—we did not know but what her father sent her—the names on the duplicates are Ann Calley and Ann Jones.
GUILTY . Aged 26.— Confined Three Months.
Sixth Jury, Before Mr. Sergeant Arabia.
GUILTY . Aged 18.— Confined Six Months.
1092. LUCY GOOCH was indicted for stealing, on the 6th of March, 7 waiters, value 1l. 2s.; 3 pairs of snuffers, value 6s.; 1 pair of scissors, value 2s.; and 1 tea-pot, value 4s. 6d.; the goods of William Summers (since deceased); to which she pleaded
GUILTY . Aged 26.— Confined Three Weeks.
Queen-street. On the 3rd of March the prisoner delivered this order to me—I knew him before, in the service of Mr. James—I believed this order to be Mr. James's, and knowing him, I delivered to him half-a-dozen of wine, but that being an unusual order, I entered an order for a dozen—he called for the rest as he returned—he said he was going west—(order read)—"March 3, 1840. Sir, If you be so kind let the bearer have six bottles of sherry, the same sort as the last you sent us, you will oblige.
"W. & E. JAMES, 33, Fenchurch-street."
Prisoner. I was not in his house that day. Witness. He is the person who brought it, and I believe it was the 3rd of March.
EDWARD JAMES . I am a wine-merchant, in Fenchurch-street. I have sent once or twice to Mr. Good's, and had some sherry from him—the prisoner lived with me, but left about three weeks before the 3rd of March—I did not send him with this order—it is not my writing—he had no authority to go there.
Prisoner's Defence. This order was given me by another person to take to Mr. Good's for the wine.
GUILTY. Aged 22. Of uttering.— Transported for Seven Years.
WILLIAM HENRY MILLS . I am a pawnbroker, and live in the Edgeware-road. About eight o'clock in the evening, on the 14th of March, I observed the prisoner about my door—shortly after the policeman came and asked me something—I went to the door, and missed a pair of trowsers—he ran—I followed and overtook the prisoner about fifty yards off—he picked up one pair of trowsers near her, and the other were in a basket—these are mine—(examining them.)
GEORGE BISHOP (police-constable D 30.) I was going up the road, and saw the prisoner pulling the things about—I went past, turned, and she was gone off in a hurried manner—I went and asked if the prosecutor had lost any thing—he said, "Yes"—I pursued, overtook her, and put my hand on her shoulder—she turned, and said, "It is all right, they were given me"—she threw one pair away, and they fell into a basket of turnip tops—the other she dropped under her cloak—she then said she was in distress, and had taken them.
Prisoner. I never said they were given me.
GUILTY.* Aged 32.— Transported for Seven Years.
GUILTY. Aged 26.—Recommended to mercy. — Confined Three Months.
GUILTY. Aged 21.—Recommended to mercy. — Confined Six Months.
1097. THOMAS PECK, RICHARD WHITAKER , and RICHARD MARTIN were indicted for stealing on the 10th, of March, 5 planes, value 8s. 9d.; 1 gauge, value 4s.; and 1 gimlet, value 2s.; the goods of William St. John: 5 planes, value 16s.; 1 chisel, value 4s.; 1 spoke-shave, value 1s.; the goods of John William Bell: and 1 looking-glass and frame, value 1l. 5s.; 2 pieces of plate-glass, value 1l.; 1 drawer, value 18s.; 1 gas-burner, value 5s.; and 5 feet of lead pipe, value 1l., the goods of James Slatey.
JOSEPH STALEY . I am foreman to my brother, who is a builder. I and other workmen were employed at an empty house in Fann-street, in the City—we left our tools there, and locked them up on the 9th of March—we lost all that we left there—I know the men that were employed there—they left their tools in the original club-room—we all left together.
WILLIAM ST. JOHN . I was at work at this house on the 9th of March—about half-past six o'clock I left my tools locked up—when I went again on the 10th, at half-past seven o'clock, I found the house broken open, and that the person had got in by breaking the glass is the window behind—my tools were gone—these are what I lost—(looking at them.)
Cross-examined by MR. PAYNE. Q. What day was it that you left them locked up? A. Monday, and missed them the next morning—I know them by tome marks on them.
JOHN WILLIAM BELL . I am a carpenter. I was at work there, and left there on the 9th of March—I lost some planes and other things—they are all found—I know these are mine—I made them myself—(looking at them.)
J. STALEY re-examined. I had been informed that they were the parties, and for that reason I gave them in charge.
PHILIP NEALE . I am a sofa-maker. On Tuesday morning, the 10th of March, the prisoner Whitaker brought three planes, a pair of pincers, a spoke-shave, and gauge to me, and said he had got a great many more tools that he would bring down at night—I said, "Let me look at the lot"—he would not let me have them without money—I let him have half-a-crown, for I had no one at home—the other two prisoners came in directly after him, and they all shared 10d. a-piece—I then went to the station-house, and stated this to the policemen—two policemen came and stopped in my shop in the evening—Peck came to my shop in the afternoon, and was taken—he said the other two could not come, as they were taken up for tossing up on the ruins.
Cross-examined. Q. Are you in the habit of buying planes? A. Never—I do not know why they came to me—I never bought any tools—I told Whitaker if he would bring them at night I would look at them—I did not ask him if he had any more—I live in Bond's-place, Golden-lane—Whitaker brought these things in an apron, and wanted 4s. for them—I said I would give half-a-crown till they brought the others—I did not say I would purchase them altogether—they asked each other if they should take half-a-crown—this is my hand-writing—it was read over to me—(looking at his deposition)—I did not ask them if they had any more.
JURY. Q. What time took place between your buying the tools and giving information? A. A quarter of an hour.
COURT. Q. Did you give them the half-crown A. Yes, and Martin had some money in his pocket—he took it and divided it—they made it right, 10d. a-piece—I do not know in what money the 10d. was given.
ELIZABETH HALL . I am the wife of Charles Hall, of Great Arthur-street, St. Luke's—Whitaker's mother lodged in a room of mine—I went to show the room to a person, and found some tools in a Cupboard—I brought them away, and gave notice to the officer.
Cross-examined. Q. What were they? A. Six planes and a small tool, two plate glasses, and a looking-glass—Peck and Martin had nothing to do with this room.
JAMES BRANNAN (police-sergeant G 20.) On the 10th of March, between five and six o'clock, I went to Neale's house, and received six carpenter's tools, and left them at the station-house—I went back to Neale's, saw Peck coming, and took him—on his way to the station-house he said, "If I tell you all about it, will you let me go?"—I said, "No, if you say any more I shall use it as evidence against you"—I then went to Mrs. Hall's and found the other tools, and glasses.
ROBERT COLE . I saw the prisoners all together with another boy, about a hundred and fifty yards from where the robbery took place, about half-past seven or eight o'clock on the night that the tools were stolen, in deep conversation together.
Whitaker. It was an empty room in the house where I lived, that the things were found.
(Properly produced and sworn to.)
(Martin and Peck received a good character.)
PECK— GUILTY . Aged 15.— Confined Three Months.
WHITAKER†— GUILTY . Aged 17.— Transported for Seven Years.
MARTIN†— GUILTY . Aged 17.— Confined Six Months.
CHARLES PEARSON . I am a messenger and constable of the Provident Institution, in St. Martin's-lane. On the 7th of March, about one o'clock in the day, I met with a soldier, who was a stranger to me, but I treated him, and he took me to the Canteen in St. George's barracks—I there met with some more persons—Bennett was one of them—we went to a public-house, which I think was the White Lion, in Hemming's-row—we there met some other soldiers—they had two or three pots of ale—I did not drink—I am not certain where I met with Beard, but he was there—I then went with the two prisoners to Long-acre, to the Windsor Castle public-house—we had a pot of ale there—I cannot say who paid for it, as I was so much excited by their manner, and by their putting their hands into my pockets, when I told them not—they asked me to pay for beer—I said I had no money—I had had 9s. or 10s. when I went out, and all that I had spent in drink which I gave away, and had nothing but water myself—the prisoners felt me about—I wished them to desist, but I did not call out—there were some men and boys at another table—Beard at last robbed me of my watch by force, and at the same time Bennett took my handkerchief out—Beard told me he would go and pawn my watch, and he went out with it—I went home as soon as I could.
Cross-examined by MR. PAYNE. Q. This was in the middle of the day? A. Yes—it was a foolish fancy of mine to treat them.
NOT GUILTY .
Wapping—the prisoner and another lad tried to get in between me and a friend, and I felt something shove against my arm—I put my hand to my pocket, and missed my handkerchief—the other lad started off—I seized the prisoner, and he gave me my handkerchief.
Prisoner's Defence. I picked it up.
GUILTY.* Aged 19.— Confined Six Months.
THOMAS ELAM . I am a rope mat-maker. On the 14th of March I was in Bird-cage-walk, Bethnal-green, with a horse and cart—I had this mat rolled up, and a piece of bacon tied up in brown paper—I left my cart for a short time, and when I returned the bacon and mat were gone—this is the mat (looking at it.)
GEORGE TEAKLE (police-sergeant H 8.) On the 14th of March, about half-past twelve o'clock, I was in Bird-cage-walk, and fell in with the prisoner, who had a long cape on—I opened hit cape, and found this mat rolled up—he said he had bought it of a man a little higher up—I went with him to see who it was—he took me a long way, till he came to a person standing at a door, and said that was the man he bought it of, and gave 1s. 6d. for it—the man denied all knowledge of him, and said he had not seen him—the prisoner then said he should answer no more questions, and threw the mat down—I took him to the station-house.
Cross-examined by MR. PHILLIPS. Q. You took him to where he said he bought it? A. Yes, and I took the man he pointed out, to the station-house, but he was let go—the bacon has not been found, but there Was another man with the prisoner, who had a pareel under his arm.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Three Months.
EDWARD LLOYD . I am shopman to Thomas Butler, a linen-draper in Shoreditch. On the 16th of March the prisoner and another came in, and one of them asked the price of a dress in the window—they then wished to look at some other dresses—I gave them seats, and placed four dresses before them on the counter—they then wished to look at a shawl pattern which was in the window, and when I came back I missed one off the counter—they then looked at some others, selected one, and left 1s. deposit on it—I made them a bill, and gave them a receipt for the 1s.—they wished me good afternoon, and went to the door—I went after them—the prisoner heard me behind her, and she turned back, and said, "Oh dear, I have got a dress I have not paid for"—I insisted on her dropping it—she tried to throw it on the counter, but it fell by the side—this is the dress.
Cross-examined by MR. CLARKSON. Q. Do you keep what is called a tally-shop? A. No, but we take a deposit on any article which a person looks at—the prisoner turned round with this dress just as I was going to catch hold of her—she said afterwards she would pay for it.
EDWARD HURCHINGS (City police-constable, No. 85.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person who was then tried by the name of Newton.
GUILTY . Aged 25.— Transported for Seven Years.
OLD COURT.—Thursday, April 9th, 1840.
Second Jury, Before Mr. Sergeant Arabin.
1102. JOSEPH EDWARDS was indicted for stealing, on the 12th of March, 1 coat, value 60s.; 1 silver bird, value 5s.; 2 inches of chain, value 2s. 2d.; and 2 sovereigns, the property of John Joseph Janson: 4 spoons, value 32s. 6d.; 1 pair of ear-rings, value 40s.; 1 necklace, value 12s.; 1 buckle, value 10s.; 1 pair of bracelets, value 7s. 6d.; 1 ring, value 12s.; 2 knives, value 2s.; 1 sovereign, 8 shillings, and 7 groats, the property of Charles Allen Wilday, in his dwelling-house; to which he pleaded
GUILTY .† Aged 24.— Transported for Ten Years.
1103. THOMAS DANDY was indicted for stealing, 2 coats, value 3l.; 3 pairs of trowsers, value 1l.; 2 waistcoats, value 10s.; 1 pair of boots, value 5s.; 1 pair of shoes, value 2s. 6d.; 1 handkerchief, value 1s. 6d.; and 2 pairs of socks, value 1s.; the goods of John Lawrence: and 24 spoons, value 22l., the goods of Mary Hewlins, his mistress, in her dwelling-house; to which he pleaded
GUILTY.* Aged 26.— Transported for Fifteen Years.
1104. THOMAS RATTIGAN was indicted for burglariously breaking and entering the dwelling-house of Robert Bruce Chichester, on the 3rd of April, at St. Marylebone, about the hour of three in the night, with intent to steal, and stealing therein, 1 soup-ladle, value 3l. 10s.; 2 spoons, value 1l. 13s.; and 1 fork, value 1l. 6s.; his goods.
MR. PHILLIPS conducted the Prosecution.
JAMES NOBLE . I am a policeman. I was on duty on the morning of the 3rd of April, and, about three o'clock, discovered some dirt on the lock of Mr. Chichester's area-gate, at No. 11, Lower Seymour-street—I had seen the gate at half-past one o'clock—it was all safe then—in consequence of seeing the dirt on the lock I looked into the area, and saw some things there—I rang the bell—the maid-servant came and let me in—I went down with her and another constable, and behind the area door, in the passage leading to the kitchen, saw the prisoner, without his coat, hat, or shoes, which I found afterwards in the area—I asked him how he came there—he said, "I don't know"—I said, "How did you get in?"—he said, "I am fastened in"—I said, "How came your clothes outside?"—I was going to open the door to fetch them in—I found the window-shutter of the housekeeper's room pushed open, and the bottom sash pushed up at its full height—the bar was forced out of its place, by which a man could get into the house—the housemaid came down, we went up stairs into the back-parlour, and found the plate-drawer standing partly open—I saw a quantity of plate in the drawer, and as some things were missed from it, I looked, but could not find them myself—I told the prisoner he must go to the station-house—he said, "This is a b—bad job; I never was in custody before, but they cannot hurt me; have they lost any thing?"—I said, "Yes"—he said, "Can't they find it?"—I said, "Not at present"—he said, "I came all the way from Brentford; I could not get a loding, and thought I would come and sleep here the remainder of the night, and tell the maids about it in the morning"—I found a knife and three keys on him.
LUCY WILSON . I am cook to Mr. Chichester. I came to the door when the bell rang, and let the policeman in—I saw the prisoner when he was found—I said to him, "Is that you? what a shame!" he made no answer—the policeman said, "Do you know him?"—I said, "Yes; he lived here as butler'—when he lived there he had charge of the plate, which was always taken up and put is a drawer in the dining-room at night—he was three weeks in master's service, and had left some time.
MARY TARGRETTE . I am housemaid to Mr. Chichester. About nine o'clock at night I was in the housekeeper's room—the shutters were shut then, and all fastened up, and the bars secure—I put the plate all in one drawer that night, I am certain, the articles in question among others—I was present when these things were found in another drawer adjoining the plate-drawer, not in the drawer I put them in—the prisoner knew where the plate was kept at night.
ROBERT BRUCE CHICHESTER, ESQ . The prisoner has been in my service—I was gone to Gloucester, on the Circuit—this is spy plate—I should think it was worth about 4l.—I have not calculated the value—the house is in the parish of St. Marylebone—it is my dwelling-house—I received a most excellent character with the prisoner—he bad left my service last Saturday week.
Prisoner's Defence. I came from Brentford that night, and certainly entered the house, but not with intent to pilfer the articles; I never went up stain at all; I did not know where to go, and thought I might as well stop there till the morning.
GUILTY . Aged 31.— Transported for Fifteen Years.
Before Mr. Justice Littledale.
1105. GEORGE FITZGERALD was indicted for feloniously uttering, on the 12th of October, a forged 10l. note, with intent to defraud the Governor and Company of the Bank of England. Other Counts, varying the manner of laying the charge.
JOSEPH ARMSON . In October last I was in the employ of Henry Heath, a hatter, at No. 393, Oxford-street. On Saturday night, the 12th of October, I was in the shop—the prisoner came in, dressed as a butcher, in a blue frock, knee-breeches, and three-quarter boots—he looked like a butcher—he asked to look at some hats, which I shewed him—he chose two, which came to 17s. each—I never saw him before—he gave me a 10l. Bank of England note, as I thought—I gave it across the counter to Mr. Heath, and he gave him change, while I got the hats ready for him—I asked him if we should send them home for him—he said he had his horse and cart waiting outside, and he took them away in his hand—I looked out at the door—there was no horse or cart near, right nor left—I have not the least doubt of his being the person.
Cross-examined by MR. PHILLIPS. Q. Saturday is a busy night, is it not? A. It is sometimes—I can not say how many persons were in the shop on that occasion, but we were busy at the time—there was one other shopman attending and my master too—the prisoner had his hat on when he came into the shop—it was about five months afterwards when my attention was called to this transaction—I had never seen him before the night in question—it was from half-past eight o'clock to half-past nine
when the prisoner came—it was between eight and ten o'clock—I cannot say whether it had struck nine—it may have been before nine—I know it was past eight, because the mail-carts, which always go up the street at eight, had been gone some time—it must have been as near nine as possible.
MR. ADOLPHUS. Q. Is it usual for a man to come in and buy two hats and pay a 10l. note for them? A. It is not—he tried both hats on—I gave them to him—he put them on himself—I saw him put them on—at that time my attention was particularly fixed on him—I knew him again directly I saw him, at the end of the five months—I never had the least doubt of him.
HENRY HEATH . I am a hatter and live in Oxford-street. On Saturday night, the 12th of October, I was in my shop and saw the prisoner—I know him perfectly well—I knew him seven years ago, and after the examination I recollected him perfectly well—I believe him to be the man who I received the 10l. note from—it was a person I believe to be the prisoner—he was dressed in a blue butcher's frock, with black boots up to his knees—Armson served him with two hats—I received a note across the counter for change—Armson and the prisoner were on the other side of the counter—I do not know whether it was from Arm son or the prisoner—I marked it "Butcher 12. 10. 39. HH," this is the note—(looking at it)—I gave the prisoner the change, and requested to send the hats home, he said he had his cart waiting and would take them.
Cross-examined by MR. PHILLIPS. Q. Were you not very busy at the time? A. We were busy, I should say we had three or four customers—we had more customers than we could attend to—I cannot speak to the time within a quarter of an hour, it was about nine o'clock.
WILLIAM CORLEY LARKCOMBE . I keep the City of Quebec public-house, No. 237, Oxford-street. On the 12th of October last, about half-past six o'clock in the evening, the prisoner came in, I know him to be the man, he had another person with him—he went into the public parlour, called for brandy-and-water and two cigars—he remained there an hour I should think—he had three or four glasses of brandy-and-water—I think it was three—when he was leaving be came to the front of the bar and joined a third person—he was drinking brandy-and-water with the man who came in with him in the parlour—when he came to the front of the bar they had each three glasses of raw brandy—the prisoner gave me a 5l. Bank-note as I thought, and I gave him 4l. 14s. change—I asked him what name I should say—he told me his name was Jones, that he had been a butcher in King's-road, Chelsea, but was out of business at that time—I put the note in my cash box on the Sunday morning—I put it in a large glass behind me at first, where I put my notes and gold which I take—I had no other 5l. note at that time—I parted with the note on the Tuesday following—I am sure the note I paid away then was the same I received from him—my wife was present when the prisoner was at our house—I paid away the note to John Harris, collector to Mr. Gardener the brewer, and he wrote my name on it in my presence—this is the note—(looking at it)—on the Friday following, the 18th, it was returned to me as forged—the prisoner was dressed in a butcher's blue frock coat, knee breeches, and black boots—I have not a doubt of his being the person.
Cross-examined by MR. PHILLIPS. Q. You see no difference at all in him? A. Very trifling, I thought he had rather larger whiskers at that
time than when I saw him at Marlborough-street—I had never seen him before—we have plenty of customers—a great many strangers come—it was about five months after that I saw the prisoner tit Marlborough-street—I was told a person was taken upon a charge of passing forged notes, and I went and pointed him out among other prisoners—my wife was not before the Magistrate—she was not in the room—she was in the bar, and she might partly serve them—I had a boy attending to the room—he attended to them at well as others—he has left roe now—he told me he was going to see his mother at Yarmouth—the persons remained in my house rather more than an hour—they were gone before eight o'clock—they came at half-past six o'clock—it had gone six, I am certain—I believe it was about half-past six—I will not swear it was a quarter after six, but it was past six, I am certain.
SIR F. POLLOCK. Q. How many persons was be among when you identified him? A. I suppose there was twenty in the lock-up room—I had no intimation given me which was the person charged with uttering the forged notes—he was dressed then in a cut-off dress coat, not a blue frock—the boy left my service four months ago.
SUSANNAH LARKCOMBE . I am the wife of the last witness. On Saturday night the 12th of October the prisoner was at our house—I am certain of him—I saw him come in and go into the coffee-room—I cannot say the time—I know it was dusk when he came to the bar—I did not go into the coffee-room—the gas was alight—when he came to the bar—there was a tall person with him—the prisoner was dressed in a butcher's frock-coat—I served him with some brandy at the bar—they had four or five glasses—I sometimes served it, and sometimes my husband—it was served out of a bottle—I noticed that be took a good deal of snuff at the bar, and that his hand was very delicate for a butcher—he gave my husband a 5l. note, and my husband gave him change—the note was put on the chiffonier behind the bar—I cannot tell whether it was put into any thing.
BENJAMIN WARD . I am marker at the Billiard-room, 19, Earl's-court, Leicester-square. I have known the prisoner five or six months—I saw him in December last, about a fortnight before Christmas—he came up into our billiard-room with a man named Sowden, who I know—they got playing at dice, and the prisoner lost some money—he offered a 10l. note to Sowden to change—he said he could not change it, and said, "Give it to Ward and he will get it changed"—the prisoner gave it to me—I took it over to Mr. Ward, at the King's Arms public-house, Castle-street, to ask him to change it—I should know the note again—this is it—(looking at it)—I haying written on it Sowden and Phipps," which is the only name I knew, the prisoner by—I wrote that Before Mr. Ward gave me the change, the same evening, as Mr. Ward asked me to write a name on it—received the change from Ward, brought it back, and gave it to the prisoner.
Cross-examined by MR. PHILLIPS. Q. The prisoner's person was well known to you, and yours to him? A. Yes—I had seen him frequently during two or three months—I cannot tell how much he lost that night—I did not see him again for a month or two afterwards, when I was sent for to Mr. Ward's—I then saw him in the bar—he had been in the habit of frequenting the room and playing for two or three mouths before, winning and losing.
SIR F. POLLOCK. Q. You had known him some months before that night? A. Yes—I did not exactly know his name—I knew him by their calling him Phipps—I knew his person perfectly well—he used to come
about once a week to the billiard-room before this—he never came afterwards.
WILLIAM WARD . I keep the King's Arms public-house, in Castle-street, Leicester-square—(looking at a note)—I remember changing this note in December last—I have not the least doubt of its being the same—I gave change for it to Ward, the marker—it was in the middle of December—I cannot give the exact date.
Cross-examined by MR. CLARKSON. Q. Had you seen the prisoner before that? A. Yes, frequently, and afterwards too—he used to come to my house as a customer, two or three times a week.
JOHN WOOD DEAN . I am inspector of notes to the Bank of England, and have been so upwards of thirty years—I have carefully examined this note, uttered at Heaths—it is forged in all respects—it is not Bank of England paper—it is not printed from a Bank plate—it has not the water-mark issued by the Bank of England, end the name of the signing clerk is forged—I have also examined the 10l. note uttered to Ward—it is in all respects forged—I have compared the two 10l. notes together, and find they are struck from the same plate—they have the same name signed to them, and they are almost consecutive numbers, being 1096 and 1099—I have carefully examined this 5l. note, and it is in every respect forged—they are not only forged, but all three are very ill executed ones.
(Witnesses for the Defence.)
JAMES LEAT . I am secretary to the Southwark-bridge Company. In October last I was residing at No. 21, Alpha-road, St. John's-wood—the prisoner is the son of Mr. John Fitzgerald, of Romsey, Hampshire—his mother died on the 7th of October, and was buried on the 14th, at Highgate Cemetery—I am her executor. On the Saturday before the Monday of her interment the prisoner went from my house early in the morning—he had been stopping at my house during the whole time his mother lay dead, sleeping in my room, at his own request, in a make-shift sort of bed—on that Saturday afternoon he came to my office in the City, within a very short time of three o'clock, either before or after, and we went together up to the Cemetery at Highgate, to see in what state of preparation the vault was—we went by a Holloway coach from the Bank—we remained at Highgate probably an hour—it took us rather more than an hour to go, as we had to cross the fields, after leaving the coach, to get to the Cemetery—it was dusk before we left the Cemetery—we crossed some brickfields into the Holloway-road, and returned by an omnibus to the Angel at Islington—we got out of that into a Paddington omnibus, which took us to the Nightingale public-house, Lisson-grove, which is very near my residence—it must have been after six o'clock when we got to my house—I should say nearer half-past six o'clock than otherwise—from the time that be came to me in the City about three o'clock down to half-past six o'clock, when he arrived at my house with me, he was never out of my company a moment—the afternoon was very humid, and the ground at the Cemetery was very wet—our boots were very muddy and wet—having to cross the fields twice they got more so, and having been on the ground adjoining thevault—I changed my boots the moment I got home, and I think he did—I put on another coat and waistcoat—I did
not, to say, dress for dinner—I believe he changed hit clothes, but not in my room—I understood he changed his boots and his coat—we dined about seven o'clock, as dinner was not ready when we got home—he had no opportunity of going to Oxford-street between the time we arrived and seven o'clock—I should think we were about an hour at dinner before the cloth was taken away—we either took wine or a little grog afterwards—I suppose that occupied another hour, as we naturally conversed about having been at the Cemetery—it was understood at first that the funeral should be on Sunday—I saw from the state of the vault it was doubtful whether it would be ready, and we discoursed after the cloth was removed whether it should not be postponed until Monday—it was never actually fixed for Sunday, but contemplated—about nine o'clock the prisoner expressed a wish to go out for a abort time—I objected, thinking he was better at home—he said he wanted a crape to his hat, and I think he said gloves—I said the gloves would be supplied by the undertaker; but he said, "I have promised the man about the crape, and I shall not be above half-an-hour"—I think I gave him a sovereign and a half, or two sovereigns, when he went out—I made a bargain about his returning, as I had a great objection to his going out—I agreed with him that it should not exceed half-an-hour—he went oat—I will not pledge myself that he returned within half-an-hour, but I do not think it exceeded three-quarters of an hour—I consider that he kept faith with me in his promise—I rather think the tea things had been brought up when he returned—I do not think he could have gone to Oxford-street and back again in the time he was absent—it is quite impossible he could have got to the bottom of Oxford-street in that time.
Q. Was there time for him to have come from your house to Newman-street, or that part of Oxford-street, and back again? A. I do not think he could have gone in that time—he had no horse and cart, or any butcher's coat—he did not go out again that night—he went to bed goon after tea—I was very fatigued.
Cross-examined by SIR FREDERICK POLLOCK. Q. He never had a horse and cart, to your knowledge? A. I can only speak of my own knowledge—his father has been dead twenty-two years—he came to my house to sleep the same night that his mother died, in the morning—he came from a lady, a relative of the family, at whose house be lived, in the New-road—I never saw him at that lady's home—he came backwards and forwards to my house at all times—the lady's same is Fitzgerald—she is a lady who took great interest in him—I do not think she is any relative—she was a sort of foster-mother when he was a child—he slept at my house every night after his mother died till she was buried, and for some time afterwards—I think he dined with me every day during the entire period that he stop there—I did not always go out in the morning to business—I generally attend at the office in Queen-street-place, by the bridge, from ten to four o'clock, but I am not bound to be always there—my permanent attendance is not necessary—I go and see the money counted, and so on—I am not there every day from ten to four o'clock—he was very likely out on the mornings of Tuesday, Wednesday, Thursday, and Friday, but I do not know that—if I went into the City I left him at my house—whether he went out I do not know—I very likely made inquiry when I went home about his proceedings, but I did not remark it—my usual dinner hour is from five to half-past five o'clock—I am not married—I have a housekeeper, a man-servant, and another female servant—the housekeeper
is cook also principally—sometimes it is rather uncertain what time I dine, when I cannot say what time I shall be home to dinner—I go home at five o'clock, and it takes half-an-hour to get it ready then, but I invariably order dinner at five o'clock when I know I am coming home—if I had any thing particular to delay me I should say six o'clock, which is not unfrequently the case, from unexpected arrangements—on the morning of the 12th of October I left the prisoner at home—I think the next time I saw him was when he called at my office, about three o'clock, I think, at all events it was previous to the office hour—I am not sure it was so late as three o'clock—it might have been two o'clock, as I thought his time was of less consequence than mine, and I might have appointed two o'clock—it was more than one o'clock—I should say three o'clock was the more probable hour, but I could not swear it—I should not have thought of fixing one, because it would be uncertain whether I could go with him at that hour—about the 12th of October it gets dusk about five o'clock—we went from my office to the Bank, and got into a Holloway stags at the corner of Moorgate—we got out, I think, where the stage stops—I know we had a tolerable walk—we saw the superintendent and four or five workmen at the Cemetery, and the master—they were making the vault—I believe a person named Moore at the corner of Rathbone-place, was the undertaker—there was nobody there from the undertaker to meet us or receive directions—I did not expect to meet any body there—I thought the vault would be perfected—the place is quite open, so that any body can walk in—the superintendent was superintending the workmen at the time—he knew me perfectly—I bespoke the ground of him originally—he is not here—I understand he has left the Company—none of the workmen are here, to my knowledge—we returned to the Angel by the same description of stage, perhaps the very same—I have no doubt of the hour, but cannot say whether I looked at my watch, or heard some clock strike, but I am certain we did not get home till half-past six o'clock—the prisoner remained with me at dinner two hours—he never moved from the table—I do not think he was away more than three-quarters of an hour—the funeral was fixed for Monday—he wished it on Sunday—I thought it was hazardous, as the superintendent informed me if the men worked all night the vault should be ready, but I did not like to depend on that—I am not quite certain that the undertaker had previous directions for its being on Monday, unless he had earlier notice, for it was my wish all along to be on Monday, thinking it should be a week at least, but Mr. Fitzgerald wished it on Sunday—the prisoner's mother lived at my house—she died there, and was buried from there—the undertaker came on Sunday night for fresh instructions—he concluded, as he had not heard from us, that it was fixed for Monday—I was at home all Sunday, except going to church—I am not certain whether the prisoner went with me lo church—I have not the same man-servant now as I had then—he is gone to a farm in the neighbourhood—he is not here—he did not wait at table—the housekeeper did—I did not know the prisoner was in trouble till he was actually in custody—he wrote me a letter—I had no knowledge of the charge against him till he was in custody—I had written a letter to him at Romsey, on the faith that he was there—I was not before the Magistrate on his coming up for re-hearing—I was in the office, but not to give evidence—it was last Friday, when he was finally committed, I think.
Q. Did you not long before last Friday know he was under a charge of issuing forged notes? A. I heard them was such a charge, from a gentleman, a friend of mine, but not that he was in trouble, because he repudiated it—I wrote down to him about it—I understood you to import by the word trouble that he was in custody—a gentleman told me he had heard such a charge—I wrote down to him to know the truth of it, not believing it—he repudiated the idea that there was such a charge, and told me there was not an atom of truth in it—I did not know there was such a charge—it was a repudiated charge, and I did not believe it—I was only before the Magistrate on one occasion, the day he was finally committed to Newgate—I did not make any statement to the Magistrate.
MR. CLARKSON. Q. I believe the charges before the Magistrate, instead of being offered as proofs of guilty knowledge, were offered as substantive charges of uttering? A. I really am ignorant of the proceeding—I understood the only motive of his being remanded was to give parties an opportunity of coming forward to identify them.
FRANCES RITCHIE . In October-last I was Mr. Leat's housekeeper. I remember the death of Mrs. Fitzgerald, and the prisoner's coming to my master's house—he slept there all that week—the funeral was on Monday, the 14th of October—my master usually dined from five to half-past five o'clock, never before—he came home on the Saturday to dinner with the prisoner—they came home later than the usual dinner hour, it was past six o'clock—MR. Leat changed his clothes, and the prisoner asked me for slippers, as his feet were wet—he took off his boots, and I gave him slippen—it was seven o'clock, or after seven, when I took dinner in—I attended on them at dinner, and took away the cloth after dinner—they were an hour and a quarter at dinner—I took some coals in afterwards, and swept up the hearth about half-past eight o'clock—at that time the prisoner was still with Mr. Leat—I took tea in at half-past nine o'clock, the prisoner was not in the room then—the bell rang afterwards for some more hot water—I went into the room, and the prisoner was there then—that was about ten o'clock, I think—he did not go out any more that night to my knowledge—they went to bed about eleven o'clock—I took Mr. Leat's bed candle up.
Cross-examined by MR. ADOLPHUS. Q. How long have you been housekeeper to Mr. Leat? A. Nearly two years—there was a woman, and man servant besides me—the man attends to the garden, and cleans knives—I think my master went out that morning about eleven or twelve o'clock—I cannot exactly say—he came borne after six o'clock with the prisoner—I did not see in what direction they came—I had seen the prisoner about three-quarters of an hour before I carried in the tea—I was in the room at half-past eight o'clock, and he was there then—I saw him next before ten o'clock—I did not look to see whether he had his slippers on then—he had not asked me for his boots, but he could have got them without my knowledge—I put them in the green-house, which is not far from where they dined—it is under the same roof, with a sky-light over it—I do not know of their being taken away from there—whether he put them on, and went out, I cannot tell—you can get to the green-house without going into the open air—his boots were very dirty and wet when he came in—I do not remember whether it was a wit or fine day—understood that they had been to the Cemetery—the lady was buried on Monday, the 14th—I do not know the gentleman who performed the
funeral, he sent proper persons to attend—I went to the Cemetery the morning the lady was buried—she had lived in the house some years, before I went there—she occupied any of the rooms—she had a bed-room of her own, she dined with my master sometimes, when she was able to sit up—she was ill all the time I was there—she died on Monday, the 7th of October—the undertaker came that Monday—I saw the prisoner in the house all the time from the time he came in till he went to bed, except for three-quarters of an hour—MR. Leat told me I was to come here—he did not ask what I could tell—I told the attorney what I had to say, and he took it down—my master was not by then—the other female servant did not attend at the table—the 7th of October was the first day the prisoner slept at our house—I cannot recollect when he went away, I think it was in December—I cannot recollect whether it was before Christmas—the first I heard of his uttering forged notes was when I saw it in the newspaper, on Saturday morning—MR. Leat never told me he had heard of such a thing.
SAMUEL HILL . I am a hatter, and live in Homer-street, Crawford-street, near Bryanston-square—during the fall of the last year I have been in the habit of doing little jobs to hats for the prisoner. On a Saturday, about six months back, as near as I can guess, he came to my house, and had a new crape put on his hat—as near as I can guess it was nine o'clock at night—he brought the crape with him—my wife put it on—it would take me half-an-hour to walk from my house to the Oxford-street end of Newman-street, or nearly so—I walk fast—when the prisoner left my shop he went in the direction of St. John's-wood, not towards Oxford-street, but the reverse way.
Cross-examined by SIR F. POLLOCK. Q. You remember it was Saturday, but what date you do not know? A. No, nor the month—there was no crape on his hat when he came—my wife put it on—I charged 1s. for it—it was a hat which had been worn.
HANNAH HILL . I remember a person similar to the prisoner coming to my husband's house, on Saturday evening, in the fall of the last year—he was dressed different to what he is at present, in dark clothes, but not black—I put a crape on his hat for him—he brought it with him.
ELIZABETH MARGENSON . I am single, and live in John-street, Edgeware-road—my father formerly kept a hatter's-shop next door to Mr. Hill's—we left in August—the prisoner frequently came, to my father's shop, and had jobs done. On a Saturday evening, in October last, about nine o'clock, I was at Mr. Hill's shop, and saw the prisoner there—Mrs. Hill had a hat in her hand, and was putting a crape hat-band on it—I said, when he was gone, I thought he was rather an eccentric gentleman—the prisoner said the hat-baud was for his mother's funeral—I remember that.
ELIZABETH NORBURY . My husband keeps a draper's-shop in Crawford-street, Bryanston-square. I remember the prisoner coming there about four or five months ago, on a Saturday—I waited on him—he asked for some crape for his hat, and he looked at some gloves, and tried on one or two pair, but purchased none.
Cross-examined by MR. ADOLPHUS. Q. What time was this? A. In the evening—I do not remember the time—it was from about seven to nine o'clock, to the best of my recollection.
NOT GUILTY .
GUILTY. Aged 52.—Recommended to mercy. — Confined Six Months.
1107. EDWARD ANDREWS was indicted for stealing, on the 29th of January, at Paddington, 1 watch, value 10l.; 1 pair of scissors, value 1l. 10s.; 3 knives, value 13s.; 2 scent-boxes, value 5s.; 2 breast-pins, value 4s.; 1 locket, value 5s.; 1 pair of ear-rings, value 5s.; 2 brooches, value 10s.; 2 books, value 1s.; 1 necklace, value 8s.; 4 rings, value 1l.; 1 veil, value 5s.; 1 watch-key, value 3s.; and part of another necklace, value 1s., the goods of Ann Longfellow, in her dwelling-house.
REBECCA REID . I was in the service of Miss Ann Longfellow, No. 11, Berkeley-street west. On the 29th of January the prisoner came, between twelve and four o'clock, and gave his name as Henry—he said he had seen Miss Longfellow get into an omnibus, and she had sent him to clean two front bed-room windows, and that he was to get his dinner with me—I was servant of all work—I said I did not think Miss Longfellow had sent him to clean the windows, because she had a man who constantly cleaned them—he said she did, and I gave him some water and a cloth to go and clean them—I did not know him before—I am quite certain it was the prisoner—he went up and stopped till I got the dinner ready in the kitchen—I then called him—he came down, and went out for a pint of beer—when he had dined he helped me shake the stair carpets—he went up stairs again, and came down while I was cleaning the front parlour—he said he must go out a little while, and would come back and finish—he went out, and I looked after him, but could not see him—he never returned—he had not cleaned the windows—he left between two and three o'clock, as near as I can guess—I went up-stairs about five o'clock, and found a bundle of shoes on the bed which 1 had never seen before—Miss Longfellow came back between nine and ten o'clock—I told her what had occurred—she went up-stairs directly, with me, and discovered that her boxes were broken open—I saw that myself.
ANN LONGFELLOW . I live in Berkeley-street west—I rent the house—my sister lives with me—the house is kept at my expense, and is in the parish of Paddington. On the 29th of January I left home between nine and ten o'clock in the morning—I returned about half-past ten o'clock at night—I knew the prisoner about two years and a half ago, or more, he was then employed to drive my phaeton and look after the horses—he was my out-door servant, and was employed occasionally in-doors to clean knives—I did not desire him, on the 29th of January, to come and clean my windows—I did not see him—I did not, at any time, desire him to clean them—I met him in Dorset-square, about two months back—when I returned on the 29th I found three boxes broken open, and the property stated gone—the value, altogether, is fifteen guineas—the gold watch is worth ten guineas.
GEORGE HAWKINGS . I am shopman to Mr. Webb, a pawnbroker, in High-street, Kensington. The prisoner came to our shop at different times—on the 15th of March he pledged two fruit-knives for 4s., on the 9th of March a ring for 7s., and on the 17th of March a pin for 1s.,—I did not know him before—I am quite sure of him.
4s.; on the 6th, 2 scent-boxes, a pin, a locket, a knife, and ear-rings for 8s.; on the 11th, a pair of silver grape scissors for 13s.; and on the 26th, a gold watch for 2l.—he gave the name of Joseph Thompson.
THOMAS EASTLAND . I am a policeman. I apprehended the prisoner on the 19th of March at the White Hart public-house, in Earl's-court, Kensington—I found twenty-two duplicates in a parlour which the landlord showed me.
AMBROSE GEORGE WALLIS . I keep the White Hart public-house, in Earl's-court, Kensington. On Tuesday, the 17th of March, the prisoner came to my house, and slept in a back room up stairs—he was at my house the principal part of Tuesday evening—he did not bring any thing with him, to my knowledge—he did not pay for his bed when he left in the morning—he did not return—when I came home I went into his room, and found a box broken open—the prisoner was not in the parlour that morning—he was the evening before with several others, but not alone—I pointed out the room to Eastland.
Prisoner. It was not this man that first apprehended me—it was two of Mr. Wallis's men—he called me out of the parlour, and took me before Mr. Wallis returned. Witness. I had received information at the station-house before about the prisoner, and I had seen Mr. Wallis.
MISS. LONGFELLOW re-examined. These two watch-keys are mine—and this mourning ring has my name on it—the gold watch I gave sixteen guineas for—all these articles are mine, and were safe in this box when I left home on the 29th of January.
Prisoner's Defence. I was not at the house on the day named; on the following day, going up Edgeware-road, I met a young man who gave his name Thompson; he said, "Will you be kind enough to do a small job for me? I have had a few things left me by a friend, I don't like to pledge them myself, but if you will pledge them for me, I will make you a recompence," I pledged one thing one day for him, and so on by degrees; I met him several days afterwards; he told me where to meet him; I was not near the house, neither did I touch the things, he told me to pawn them in the name of Thompson.
GUILTY . Aged 21.— Transported for Ten Years.
ELIZABETH LAWRENCE . I live in King-street, Kensington—Charles Simms lodged with me. The prisoner came on the 18th of March, about eight o'clock in the evening or a little after, and slept there that night in the top room alone—he came down a little after eight o'clock in the morning, and went away—he did not bring any thing with him—I do not know whether he took any thing away—Simms kept his things in his own bed.-room—he missed them on the Thursday, and on Friday I saw the prisoner at the station-house.
CHARLES SIMMS . I lodged with Mrs. Lawrence for twelve months. I did not see the prisoner there on Wednesday the 18th—about eleven o'clock on Thursday I missed my things, which I had seen safe in my box the night previous—the box was not locked.
King's-road, chelsea. On the 19th of March the prisoner pledged these two coats and pair of trowsers for 1l. 4s.
(Property produced and sworn to.)
Prisoner's Defence. I had nothing to do with the things; I should have returned to my lodging the next night if I had not been taken.
(There were two other indictments against the prisoner.)
First Jury, Before Mr. Common Sergeant.
1109. GEORGE MASON was indicted for stealing, on the 13th of March, 491bs. weight of hay, value 2s.; 3 1/2 bushels of a certain mixture, consisting of oats, chaff, and beans, value 1l.; and 1 1/4 peck of oats and beans, value 1s. 4d.; the goods of Charles Eley, his master.
CHARLES ELEY . I am a farmer, and live at Heston—the prisoner was my carter. On the 18th of March he was sent to London with a load of vegetables—he had to go nearly twelve miles—I allow the carter, to take about 14 lbs. of hay for each horse, and the nose-bags, containing corn mixed with chaff, to feed them on the road—he had no business to take any sack—he had two horses that night—I received information from the officers, and found the prisoner in custody at Hounslow station with two nose-bags filled with corn and chaff for the hones, a bundle of about 25 bs. of hay tied to the side of the cart, a four-bushel sack nearly full of mixed corn and chaff, and another sack with nearly half a bushel of oats and beans—I have compared the two sacks with my other corn, and believe it to be mine—the prisoner had no authority to take more than was in the nose-bags for the horses—he had two bandies of hay, one about 25lbs., for his horses, and another about 49 lbs.
Cross-examined by MR. CLARKSON. Q. Had the prisoner a mate with him? A. He bad no business with any, and I know nothing of his having one—there is a vein of Italian grass all through the stack of hay, and that vein is in the trusses—I can swear to it—I did not see him leave in the morning—I heard the cart go a little before eleven o'clock—I have not missed any hay from my stack—the 49 lbs. bundle of hay was not disturbed—it appeared in the state in which it would leave the premises—I had seen that bundle previous to its leaving—it was tied up with straw bands—I might have a dozen or fourteen there that night—I do not know whether one is gone—there is nearly half a tack lull of mixed meat—the prisoner had received his weekly wages, but he was to have 7l. a year besides—3l. 10s. would be due to him at Lady-day.
WILLIAM GRIFFIN . I am a policeman. I saw the prisoner coming along Hounslow with his master's cart and horses, on the 13th, soon after eleven o'clock—I saw him leave his master's yard, and observed on his hay ladder a bundle of hay tied with one band, and another tied with two bands—I followed him on the road, and never lost tight of him till he came opposite the station-house—I then asked what he did with all that hay—he said it was for his horses, which his master allowed to them, and what they did not eat he should take back again—I took him to the station-house, searched his cart, and at the top of the sacks I found a four-bushel sack nearly full of oats, clover, chaff, and beans; and another sack between the sacks of trunips, containing half a bushel of oats and beans mixed—I found in the
nose-bag a peck of nearly all clover and oats—I sent for the prosecutor, who identified the hay particularly.
MR. CLARKSON. Q. Did he on the Friday previous bring back half a sack of chaff and corn, and deliver it to your son? A. I did not see him come back, but I never heard of such a thing.
NOT GUILTY .
1110. GEORGE SARGEANT and THOMAS HOLFORD were indicted for stealing, on the 12th of March, 140 lbs. weight of lead, value 18s. 6d.; and 4 sash weights, value 1s., the goods of William Martin Clitherow and others, being fixed to a certain dwelling.
MR. BULLOCK conducted the Prosecution.
WILLIAM MARTIN CLITHEROW . I am a butcher, and live in Church-street, Bethnal-green. On the 9th of March Sargeant applied to me for a room in Chequer's-place, Bunhill row—Drew, my collector, let him a room—he took possession of it without my leave—I went there on Friday the 13th of March—I found a hole in the ceiling with paper plastered over it, and about 140 lbs. weight of lead was gone from the gutter of the roof—it was the joint property of me and my brother, my nephew, and niece—I sent for a policeman, and took Sargeant to the station-house, but before that I asked him who gave him leave to take possession of the room—he said the deputy-landlord—I said we had no deputy landlord, and asked him how the hole came—he said it had fallen in, but it was evidently cut in the rafters, pushed up, and the tiles laid carefully on the roof—I know it was perfectly sound on the Monday when he spoke to me about the room—it was a square hole out in between the joists—the laths were broken off and pulled downwards towards the room, but the rafter laths were broken and pushed upwards—it was certainly made from the, inside—four sash weights were gone which were safe before, and two were gone from the lower room also.
Cross-examined by MR. HORRY. Q. Did he not tell you the hole had fallen in while he was in bed? A. No—his wife said so—I went there before nine o'clock in the evening—he came in at very near nine o'clock—he spoke to us when he came up—I did not speak to the first—it was his wife who said the ceiling fell in while they were in bed, not him—I never said it was he that said so—I asked him how the hole came there—the woman made the answer—I do not think he did—he and his wife were both present—I do not think I have said I asked him the question—I spoke to both, not to him particularly—I did not mention any name—he heard what his wife said—he was not to take possession of the room on the 10th—I understand he took possession on Wednesday—the ceiling would not have presented the appearance it did if any one had fallen through it and got up again—if it had been broken it would be quite different to being cut square—if the plaster had fallen, the laths would not have fallen with it.
SAMUEL DREW . The prosecutor it the owner of the house in Chequer's-place—I am his agent. On Monday, the 9th, Sergeant applied to me for a room, which he said he would take if I put shelves in—I said I could not answer till I saw the landlord—I saw the landlord afterwards, and when I returned Sargeant was at a neighbour's house, using a shoe-maker's file—I told him I could not get the repairs done that week, and on the Monday he might take possession, but I would see him before
that—I have since seen an instrument like the one I saw Sergeant using—it was taken from the tiles and given to me by Peacock—I know the premises perfectly well, and know the sashes there—I went to the place on Friday, the 13th—I found the window sashes disturbed, and three or four squares of glass broken; next morning I found the sash weights gone, which were safe on the Monday before—I cannot say when I had seen the lead, but the roof was good—the rain never came through it—it was in good order up to the 9th of March—I have since found a square hole cut big enough for a person to get through—it could not be made by falling in by, the laths were broken—I saw the ceiling on the 9th of March in a good state of repair.
Cross-examined. Q. Was this an upper room? A. Yes—the lower room is occupied by Styman—I know the sash-weights were there on the Monday, because I took the landlord up to see the window—I did not see the sash-weights, but the lines were at the windows—there was no lock on the door—I know nothing of his taking any furniture—I was in the room when he was taken into custody—I saw some rubbish there then—a bed, a chair or two, and tables—there was no carpet.
SARAH STYMAN . I am the wife of John Styman, and live in a room at No. 7. Chequer's-place, I saw the two prisoners moving some goods into the two-pair room on Wednesday evening in March, and next day I saw them between four and five o'clock with the window out, hammering it—I thought they were mending it—I said nothing to them, nor they to me.
RICHARD REYNOLDS . I live in Gloster-court, Chequer's-alley, near Chequer's-place—I can see from the roof of in house to No. 7, Chequer's-place, as my house is very high, and I keep pigeons on the roof. On Thursday, the 12th of March, about six o'clock, I went up to feed my pigeons, and observed that the top of No. 7, Chequer's-place, was safe, there were no tiles disturbed—next morning about half-past eight o'clock I went up again, and observed a large hole made in the roof, about the middle, big enough for a person to get out—the tiles were placed up on each side of the hole, and the tiles of the gutter Were piled up and put further on—I noticed this, because the same week my sister went to look at this house, and since that she has taken the rooms, I gave information.
Cross-examined. Q. How many houses do you live from this roof? A. Not above four or five, but there is a court between my house and this—I was about twenty-four yards from them—the chimneys do not intercept my sight of this roof—the tiles did not seem broken, but just as if they had been pulled off and placed on one side.
MR. BULLOCK. Q. Could you see quite plain? A. Yes, our house is the highest one round there.
GEORGE FOREY . On Friday evening, the 13th of March, I went to No. 7, Chequer's-place, with the prosecutor—I saw a large hole cut in the ceiling, and the laths pulled down—I went away for a short time, and when I returned Sergeant was up in the room—the prosecutor, or somebody in the room, asked him how the hole in the ceiling came and how he got possession, he said he got possession from the deputy landlord—next morning I went to the room and found pert of the blade of a knife, recently broken, on the roof, where the lead had been taken from—I could see that the lead had been taken from the roof—I afterwards, in consequence of information, went in search of Holford, who had absconded from his lodging—I afterwards apprehended him—in going to the police-court from
the station-house, he said, "I do not think I shall do the prisoner George Sergeant any good"—I told him when I took him that it was for taking lead and sash-weights—he asked me how I came to find him out—when I was taking him to the police-court, I asked him if be intended to turn Queen's evidence, he said, "I don't know yet," and previous to going into the office I asked if he intended to turn evidence, he said, "No, I shall take my chance."
COURT. Q. Was any body in the house when you were called in? A. No, both Sergeant and his wife came in after I was there.
Cross-examined by MR. PAYNE. Q. You never saw Holford in the house at all? A. No.
Cross-examined by MR. HORRY. Q. How long had you been there when Sergeant came in? A. About ten minutes—his sister came in, and went and told them, and they came—it is a very bad neighbourhood indeed.
ROBERT PEACOCK . I am a bricklayer. I went to repair this house on the 19th of March—the ceiling was cut through, the plaster cut away, and the laths pulled down—I found this rasp between the rafters and the ceiling.
Cross-examined by MR. HORRY. Q. At what time did you see him using it? A. On Monday, the 9th of March—I just cast my eye on it—I should say this is the one, I have no doubt of it—(looking at another one)—this is similar, but I have no doubt the first is the one.
SERGEANT— GUILTY . Aged 23.— Confined Nine Months.
HOLFORD— NOT GUILTY .
ELIZABETH HUMPHRIES . I am the wife of Thomas Humphries, and live in Cheese-court, Oxford-street. On the 21st of March I was standing at my door, and heard a cry—the prisoner was laid hold of by somebody—I ran up, and saw him throw the pail down from under his coat, and run away—I pursued, and he was taken—this is the pail—(looking at it)—I had seen it safe about five minutes before.
JOHN HARRISON . I am a policeman. I saw a mob collected, went up, and saw the prosecutor holding the prisoner by the collar, and this pail in his hand—he gave him in charge—as we were going along Oxford-street the prisoner said, "Can't we settle this job?"—I said, "I have nothing to do with that; I must take you to the station-house"—he said, "It is a very unfortunate job for me"—I found 8s. 20d. on him—he had been drinking, but was not to say drunk.
Prisoner. I was never in trouble before; I hope you will have mercy on me.
GUILTY. Aged 32.—Recommended to mercy. — Confined Three Months.
ROBERT SKINNER . I live in Curtain-road, Shoreditch. On the 5th of March I examined my till, about one o'clock—I went to dinner in the back-parlour, and saw a to-do in the shop—my lads took the prisoner, and I
missed about eighteen or twenty shillings—there was a half-crown among it, several shillings, and a sixpence.
JAMES STROUDE . I am in the service of Mr. Skinner. Between twelve and one o'clock, on the 5th of March, the prisoner came to our shop, and asked me for a quarter of a pound of cheese—I served him and took his money—I went round the counter to serve a customer with some bacon, and heard the money rattle—I looked round, and saw the prisoner's hand in the till—I asked what he was about—he said, "Nothing; only getting a bit of paper for the cheese"—I asked him to let me look in his hand—I took hold of it, and took 18d. from it—I told my master, and he sent for a policeman—while the young man was gone for one the prisoner ran off—I ran after him down several yards and streets—at last he went into a timber-yard, where there is a water-tank—I saw him behind a door, hiding something in the tank—he was standing there three or four moments—I was afraid of going too close, for fear of being struck—the policeman came up, and I told him he had been hiding something behind the door—the policeman told me to go and look—I did, and found 12s. 6d. in a handkerchief, at the bottom of the tank—I took it out and gave it to the policeman—there was a half-crown and several shillings among it—the inspector asked him at the station-house what made him put it there—he said, if he was taken, and the money was found on him, they would say he had taken it out of the till.
(The prisoner received a good character.)
GUILTY.* Aged 19.— Confined-Six Months.
RICHARD REEVES . I am a watchmaker, and live in High-street, Shoreditch. On the morning of the 17th of March the officer called at my house, and in consequence of what he said I went to No. 34, George-street, Shoreditch, which is a house I let out—I missed the copper, and found the lid placed over where the copper had been—I found it at Spitalfields station-house—the house is let out in apartments—the prisoner lodged there.
THOMAS MALING . About eleven o'clock on the 17th of March I was in Dorset-street, and met the prisoner with the copper wrapped in a bedtick—I stopped and asked where she brought it from—she said, from Silk-street in the City, and was going to take it to Bethnal-green-road—I took her into custody—Reeves identified the copper.
Prisoner. I did take it; I was going to pawn it. I was engaged to work at a place, and wanted a few things to go in.
GUILTY . Aged 39.— Confined Three Months.
CHARLES PENRY . I am in the employ of my brother, Henry Penry, in Hackney-road. On Monday afternoon, the 9th of March, the prisoner and another man came to our shop, and asked the price of my potatoes—
I said, 4s. a cwt.—they said they would give me 3s. 9d.—they then went away, and returned in about an hour and a half—I said, "You have come back for the potatoes?"—they said, "Yes"—they said, they were going to a cook-shop at Hoxton Old Town—I weighed the potatoes, put them in three separate sacks, 2 cwt. in one, and 1 cwt. in each of the others, and asked them for the money—they said they would pay the boy when he brought them—they would send it back by him—I sent the boy with 2 cwt.—the prisoner carried 1 cwt, and the other man the other—I had no suspicion—they were quite strangers—I was afterwards afraid all was not right, and sent a man after them—he came back a long time afterwards, and brought the prisoner with him, and I gave him in charge—we agreed for the potatoes at 3s. 9d. a cwt—it was a regular sale the first time, but I had not delivered them to him—I would not have allowed him to take them without the money, except the boy had gone to bring it back.
Prisoner. Q. Was I the man who bought them? A. You were both together—you both talked together—I cannot say which spoke chiefly about them.
RICHARD HAWKES . I am a policeman. I was called into the shop, and took the prisoner—MR. Penry said be and another man had taken 4 cwt of potatoes away, they were to have paid for them, and he had not received the money—on the way to the station-house, I asked the prisoner where the other man was—he said he knew nothing of him, that he asked him to help him with some potatoes—I found 6s. on him at the station-house—I asked how he accounted for having that money—he said 5s. of it he earned as a porter in Spitalfelds-market—I asked if he had been paid for taking any potatoes to a cook-shop, he said, "No."
WILLIAM HENRY TESTER . I am in the prosecutor's employ. I remember the prisoner end the other man coming to my master's shop—I do not know which spoke—I was getting the potatoes out of the tub—our boy wheeled them from the shop to the top of Union-street—my master then sent me after them to see about them—I caught the lad with 3 cwt. on the barrow—he said the prisoner and the other man had just gone round the corner with the 1 cwt.—I had no sooner spoken before the prisoner and the other man came bank to the lad—the other man took 1 cwt. on his back, and told me and the prisoner to wait there till he came back—he then turned round, and said, "Go on, never mind, I will overtake you"—he went with the potatoes—I and the prisoner went on—I had 2 cwt. of potatoes on the barrow—I wheeled them up Kingsland-road into Hoxton—I waited at the corner of Wilmore-gardens until the other man came—I helped them on his back, and he carried them away—the prisoner was waiting with me—some time after the prisoner said, "I will go and see after him"—I followed and saw them both come out of a shop, and come towards me—they came down Hoxton to the Unicom public-house, gave me a pot of beer, and said they had not got paid for the potatoes—when we got to Essex-street, the other one told the prisoner to wait with me while he went to see after some money—some time afterwards the prisoner said, "I will go and see after him"—I followed the prisoner down to Hoxton by the church, round Old-street-road, and back to my master's shop—he came back to my master's shop with me—he did not try to get away—at the corner of Essex-street he offered me 4s. to wait till he came back—I said, no, I would have it all—I would not take that.
Prisoner. I offered him 4s.—I bad no idea but the other was coming back again.
MARYANN FENNER . The prisoner came to me one afternoon, and asked if I wanted any potatoes—I said, "Yes," and he was to bring me a sack on the Tuesday—I do not know on what day this was—he came again to me on Monday afternoon, and asked if I wanted any—I said, "Yes" and about half-past seven o'clock in the evening he and another man came with a sack on his back—I asked why he brought them then, as I did not want them till Tuesday—he said, if I did not have them then they would be dry—I said I had not sufficient money then—he said half would do—the other man said he must have it all, because they wanted something to drink—I went and borrowed the money, and gave it to them.
(The prisoner, in a written defence, staled that he did not purchase the potatoes, and did not know their price; he was in the habit of serving bakers with potatoes; he met the other man, who asked if he wanted up purchase any; he said, "No;" that he took him to the prosecutor's shop, and engaged him to carry the potatoes for him.)
GUILTY . Aged 30.— Confined Six Months.
NEW COURT.—Thursday, April 9th, 1840.
Fifth Jury, Before Mr. Recorder.
GUILTY . Aged 55.— Confined Nine Months.
1116. WILLIAM JEFFORD was Indicted for stealing, on the 18th of February, 1 table-cover, value 1s. 4d.; and on the 23rd of February, 1 table-cover, value 1s. 9d.; the goods of Thomas Paddon, his master; to which he pleaded
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 55.— Confined Twelve Months.
GUILTY . Aged 49— Confined Twelve Months.
GUILTY. Aged 19.—Recommended to mercy by the prosecutor. — Confined Twelve Months.
—the prisoner had been in my service about three months. On the 29th of February I went to Leadenhall-market to purchase pork—I left my man behind me, and the prisoner was to assist him in loading the cart—I asked the prisoner, when I returned to the cart, how many turns he had brought down, or how many loads, I cannot say which—I counted the pork which was in the cart, and missed four sides, which was part of what he should have put into the cart—he said he had put it into the cart—I sent for an officer, and gave him into custody.
Cross-examined by MR. ROE. Q. What time did you arrive at Leadenhall? A. About six o'clock—I left the market directly I had purchased—I think it was not seven o'clock then, but I cannot speak to half-an-hour—the sides of pork are generally hung upon books—I missed four sides of pork, that was one turn for the prisoner to carry to the cart—he should have gone three turns—in two turns he would have taken but eight sides.
WILLIAM WILLARD . I am shopman to the prosecutor. On the 29th of February I was present when my master purchased three pigs and twenty-four sides of pork—the prisoner took four sides and I took four to the cart—he then went back with me for four more each—there ought to have been twenty-four put into the cart—I carried twelve myself—the prisoner cannot put them into the cart, he is not tall enough—I did it for him—I took eight of him, and he ought to have brought twelve—when he brought his second load, I took them, and placed them in the cart on each side, leaving the middle hollow for the other four—I then went to the salesman, and saw the prisoner had got three sides on his shoulder, and I placed the fourth side on his shoulder—he then started off to the cart with them—I stopped for some pieces of pork, and then went after him, because I knew he could not put the sides up himself—I got to the cart, and was surprised that he was not there, and had not put his sides in the cart—I then thought he might have had an accident—I went up the market, and saw him in the passage talking to a young man—I said, "What have you done with those four sides?"—he said, "I have put them into the cart"—I said, "Who took them of you, did Barker?"—he said, "No, I went round to the step of the cart, and put them in," but I could see they had not been put in.
Cross-examined. Q. How long were you loading? A. Not more than half-an-hour—I should think we finished by eight o'clock—we had to wait till master came down—I did not at first recollect how many turns the prisoner took, but I recollected when we got home, and when the pieces were counted I was certain of it—I never knew him put loads on the cart without my assistance—the tail board was up—we put the meat in at the side—I am sure he had three turns—it was three or four minutes before I went to the cart, and then I perceived the deficiency—I was a little agitated, but I did not like to say any thing till I was sure—I waited a few minutes, then went and found the prisoner in the passage, which is a thoroughfare—we had come along there to load the cart—I knew the man by sight to whom he was talking—his name is Cox, and he lives at a poulterer's shop there.
JOHN BUBBER . I am thirteen years old, and live with my parents in Willow-garden, Curtain-road. On Saturday the 29th of February, I was minding Mr. Taylor's carts, and other carts, in Gracechurch-street—they stand with their tail-boards to the pavement—I saw Willard bring three turns of pork to the cart, and the prisoner only brought two turns.
Cross-examined. Q. How many carts had you to mind? A. I and my father had about fifty—I was standing in a cart two or three carts from the prosecutor's—I did not walk up and down—I have known the prisoner some time.
WILLIAM STEVENSON . I am a drover, and live in Rodney-street. On the 29th of February, I was employed to mind some carts in Gracechurch-street—I saw a man carrying some pork towards Cornhill—it was then twenty minutes past seven o'clock, or from that to half-past—he had on a fustain coat and trowsers, and was rather bow-legged—I did not notice his face—he was about the prisoner's size.
Cross-examined. Q. Were you minding Mr. Taylor's cart? A. No.
Prisoner. It is impossible for a boy to notice every piece of meat that is brought down.
The prisoner received a good character.
GUILTY . Aged 22.— Confined Six Months.
JOHN SMITH . I am a tailor, and live in Crawford-street. The prisoner was my shopman for about eight months—in consequence of some suspicion I marked three half-crowns, some shillings, a sixpence, and some coppers, on the 11th of March—I placed them in the till, which was not locked—next morning it appeared to be all right, and the same evening I missed a shilling and two pence, which had been marked—a person named Sampson was staying at my house—I tossed up with him as to who should pay for a newspaper which we was to have for an hour, and the prisoner was to take the loser—I lost in tossing—the prisoner was then to toss with me—he took out a penny to toss with—he put it on the counter, and it fell on the ground—I noticed that it was one of the marked ones, which I had places in the till—I asked if he bad any more, and he produced another marked penny—I asked where he got them, he said from home, I said he did not—he said if I could swear to them he could not say any thing—I asked if he had any more money, and he produced a marked shilling—he said it was one I had given him on the Sunday to pay for his dinner, but I had not any marked then—I bad some silk handkerchiefs hanging in my shop—I told the prisoner I believed he had a handkerchief of that description, and I asked him how he became possessed of it—he said he took it from me—he fetched it down, and begged my pardon—I gave him in charge.
Cross-examined by MR. PAYNE. Q. How long have you been in business? A. About nine months—the prisoner had 4s. a week—he resided on my premises and slept with me—he had to go to the till to get change and to buy things—I forget whether he had bought any butter that morning—it must have been nearly four hours after I received this handkerchief and the money from him that I gave him into custody—I left him and Sampson together while I went to Crown-street, where he said his father was—I said on the following evening that I would do what I could to get him off—I did not say that I was sorry it had gone so far, and that I saw things in a different light.
NOT GUILTY .
SAMUEL HUTCHINGS . I am a butcher, and live in King-street, Portman-square. On the 7th of March I bought 661bs. weight of beef in Rose-street, Newgate market—I put it into my cart in Newgate-street—I afterwards saw the prisoner in custody with it—I paid 1l. 13s. for it.
JOHN ONION . I am a butcher, and live at Rotherhithe. I was in Newgate-street on the 7th of March—I saw the prisoner take the beef out of the cart and go up Newgate-street with it—I went up and asked what he was going to do, he said, "If it is yours you can have it," and he put it on the pavement—I detained him.
RALEIGH COLBURN (City police-constable, No. 254.) I took the prisoner—the beef was delivered to the prosecutor by order of the Lord Mayor—it was at the prisoner's feet when I took him. and his jacket was covered with grease.
GUILTY . Aged 18.— Confined Six Months.
JOHN PRESSNEY . I live in Hoxton. I am porter to Robert and George Webb, of St. John-street—they are contractors for the Blackwall railway—I have seen the prisoner frequently about the railway—Mrs. Whatten gave me information, and I went with her to the Old Fountain public-house—I found the two prisoners there and these two pieces of timber against the wall—I asked where they got them—Hughes said it did not belong to me, he had taken it from some old brick-work which he had been pulling down the day before, and Hearn said he had bought this short piece, but he thought it was only fire-wood—I had ordered some timber to shore up a house, and this is a part of it.
ELIZABETH WHATTEN . I am the wife of George Whatten, a bricklayer, we occupy a house in the line of the Black wall railway—there was a plank which had been used for wheeling some sand. On Monday I saw Hughes carry that plank into the Old Fountain public-house, and Hearn followed him—I saw them then return to the works, and in the mean time there had been a load of timber put down—they stood by it and were conversing over it—Hughes turned some of it over and then he took this long piece out, put it on his shoulder and carried it away, Hearn followed him with another piece—I sent a message to Mr. Pressney, and he and I went to the Old Fountain public-house—the prisoners were there with the wood.
Hearn. Q. You sent a boy to watch us did you not? A. Yes, but I saw Hughes enter the public-house.
GEORGE WHATTEN . On the Monday in question I saw the prisoners near my house, about eight o'clock—I heard Hughes tell Hearn he wanted some gin—Hearn said the plank would do for a drop of gin—there was a plank across some bricks—and Hughes said he would take that to Mr. Bradley's for a drop of gin—I said, "Leave the timber there; it will be better for you"—I then went to breakfast—my wife afterwards called me to look at them, and Hughes had got the plank on his shoulder.
Hearn's Defence. I bought a wall of an acting engineer; Hughes was employed to get the bricks out of the foundation, and there were several pieces of timber found; we borrowed several planks to cover over a tank; at to taking a plank, there was no plank found.
HEARN— GUILTY . Aged 31.
HUGHES— GUILTY . Aged 40.
Confined Six Weeks.
GUILTY . Aged 13.— Confined One Month.
Cross-examined by MR. PAYNE. Q. Have you seen it since? A. Yes, it is here—I never give the prisoner leave to use it.
Cross-examined. Q. Did you ask whose it was? A. Yes—she said it was her own—I am certain she is the person—she was in the shop two or three minutes.
GUILTY . Aged 17.— Conflned Three Months.
ROBERT HELE BEEDLE . I live in Belmont Cottage, Hackney-road, and am a linen-draper. I missed seven fowls and two pigeons from my shed, and a spade from the garden, on the 19th of March—I had purchased three of the fowls the evening before at Mr. Baker's, in Church-street, but had three of them for a year—I have since seen five fowls and a spade which are mine—I had oat the wings of my fowls, and know them again perfectly.
the evening of the 18th of March—he called the next morning, said they were gone, and the same afternoon Neale and Glover came to offer three fowls for sale, but they were not what I had sold to the prosecutor—I bought them of Neale for 1s. 3d. each, which was as much as old hens are worth to sell again—he said he had two more which laid, and he would not take less than 2s. a piece for them—I said I would give it—he fetched them—I knew they were two I had sold the prosecutor the night before—he said he had bought the two that morning of a tall young man at the top of Hans-place, Hackney-road, and the other he had had six months.
HENRY PRIDGEON (police-constable H 28.) I was called to Baker's shop on the Thursday evening—Neale and Glover were given into my custody—the inspector questioned them—Glover said that they had bought two of them the same morning at the top of Hans-place, and had had the others six months—on the 21st of March J went to No. 6, Hare-court, Cambridge-heath, where Neale lodged—I found Rich at work making shoes—I asked him if he had any fowls, or had ever kept any—he said, "No"—I went up stairs and found a great many feathers, some of which were in a basket—I then came down and found this spade in a cupboard—he said he had had it for a week, and he had dug his garden up with it on the Tuesday—I found a dead fowl there and three pigeons.
ROBERT HELE BEEDLE re-examined. This is my spade—there was a splinter on the handle, which hurt my hand, and I cut it off with my pen-knife—there were two letters in ink on the handle, which appear to have been rubbed out—the five fowls I can speak to most positively.
Neale's Defence. I bought the fowls at the corner of Hans-place, of a young man.
Glover's Defence. I saw him buy two fowls at the top of Hans-place.
(Glover received a good character.)
NEALE— GUILTY . Aged 16.— Confined Two Months.
GLOVER— GUILTY . Aged 17.— Confined One Month.
RICH— NOT GUILTY .
BENJAMIN HURRING . I keep the Hartshorn Inn, at Barnet On the 5th of March, Marlow, who is servant to Daniel Marsh, complained to me of the loss of a truss of hay out of my stable, and, in consequence of that, I directed it to be replaced with another truss of my own—if any hay is lost from my stable, I make it good.
HENRY PAYNE . I am ostler to Mr. Hurring. Wagons stop at his inn, and when hay or other things are left, which the horses will not have, I have it—my master shares those perquisites—I did not authorise the prisoner to sell any hay for me.
GEORGE FIELD . I am a labourer, and live at Barnet Common. The prisoner called at my mother's house about half-past seven o'clock, on the 5th of March, with a bundle of hay, and said he came from the Hartshorn public-house—I said I did not want hay, I wanted chaff—I am in the habit of buying chaff of Payne, and had told the prisoner on the day before that I wanted chaff—I took the bay, and paid 1s. 9d. for it.
had not been drunk and a fool, he should not have done it—I said, "Do you confess you stole it?"—he said, "Yes, and I may as well speak the truth at first as at last.
Prisoner. I said, "I will own I sold it, but I found it."
NOT GUILTY .
JOHN CHILDS . I am in the employ of Frederick Penton Gardener, of Newgate-street. In the afternoon of the 4th of April I saw the prisoner leaving the shop, with these two coffee-pots in his hand—I came up with him three or four doors off, and brought him back—they were in paper, as they are now.
Cross-examined by MR. PAYNE. Q. What part of the shop were they in? A. On the counter, about fifteen feet from the door, which was shut—I had left the shop for a minute—I heard the door open, and the noise brought me up—he was in the act of covering them with his apron when I took him.
GUILTY . Aged 19.— Confined Three Months.
1129. HELEN MACKIE was indicted for stealing, on the 9th of March, 2 wine-glasses, value 1s.; 1 cup, value 3d.; 1 saucer, value 3d.; 1 opera-glass, value 4s.; 3 printed hooks, value 6d.; 1 basin, value 1s.; and 9 yards of calico, value 1s. 3d.; the goods of James Panting, her master.
JAMES PANTING . I am a publican, living in Berwick-street, Westminster. The prisoner was my servant-of-all-work—the had permission on Monday afternoon the 9th of March, to go out, and she did not return—on the following Thursday she came for her box—(she had in the mean time sent for it, but I missed some things)—I sent for an officer, and her box was unlocked in her presence, and the wine-glass and other things found in it—the opera-glass was found under the bed.
WILLIAM KIDDLE . I am apprentice to William Gofton, a pawnbroker. I have some printed cotton, pledged by the prisoner, on Monday evening, the 9th of March, for 2s.; in the name of Smith—I had seen her often before.
Prisoner. I did not pawn it. Witness. I am positive of you.
WILLIAM THOMAS (police-constable C 86.) I went to the prosecutor's house—the prisoner unlocked her box in my presence—I found two glasses, the cup, saucer, and books, and the opera-glass between the bed and the sacking—she said she had put it there.
(Property produced and sworn to.)
Prisoner's Defence. The small cup I took with the child to play with; I have neither father nor mother.
GUILTY. Aged 18.—Re commended to mercy. — Confined One Month.
1130. GEORGE WARREN was indicted for stealing, on the 3rd of March, 1 pair of boots, value 5s., the goods of James Smith; and 2 sheets, value 6s., the goods of John Thornett; and that he had been before convicted of felony.
JAMES SMITH . I am barman to Mr. John Thornett, at the Bull's Head public-house, in Tottenhan-court-road. The prisoner came there on the night of the 2nd of March, and asked if he could have a lodging for one night—I called my mistress, and he gave her 1s. for his night's lodging—he went up stairs, and had a glass of gin-and-water—he went to bed in the room, No. 11, about twelve o'clock—the next morning I came down at seven, and afterwards saw my boots under a chair in the room, No. 9, which I slept in—a servant saw him go out of his room into mine, and he went out about ten minutes past ten o'clock—I went up about ten minutes after, and my boots were gone—I missed some sheets off the bed where he slept—on the 6th of March the prisoner was brought to our house again—I was called into the parlour, and the boots he had on were mine—I gave him a pair of old boots that he bad left behind—I asked if they were his, and he said they were—I have not seen the sheets since—he had no business in my room at all—I found his old boots under the bed he had slept in—they were very old, and worth about 6d.—mine were worth 5s.—they were on the same floor, but in a different room.
Prisoner. Q. Have you any thing remarkable about the boots? A. Yes, a small cut on them, which was done when they were made—on the Monday night you came and asked for a bed, you had slept there the night previous—I saw something pass between you and my mistress on the Monday night—I cannot swear you did not pay her on the Monday morning—no one slept that night on the same floor—I swear that you said the old boots were yours.
THOMAS CROSSMAN (police-constable E 27.) I was called to the Bull's Head public-house on the 6th of March, and the prisoner was given into custody—I saw him take these boots off and the old pair brought to him he said were his—the sheets have not been found—these are the boots he took off his feet.
Prisoner. Q. Can you swear that I said these old boots were mint? A. Yes.
Prisoner's Defines. The boots are my own; the prosecutor cannot say if they are bound or not.
HENRY MILTON (police-constable D 165.) I produce a certificate of the prisoner's former conviction, which I got iron Mr. Clark's office—(read)—the prisoner is the person—he was tried by another name—I was the officer in the case.
GUILTY . Aged 26.— Transported for Seven Years.
THOMAS JONES . I am shopman to Henry Adams Newman, a slop-seller, in High-street, Shadwell. On the 14th of March I missed a pair of corduroy trowsers from the door-post—I had seen them safe ten minutes before—I ran up the highway, and saw the prisoner running with them under his arm—I stopped him, and asked where he got them—he said he picked them up—here is the shop-ticket on them.
On Saturday night, the 14th of March, I was going past the prosecutor's shop, and saw the prisoner stoop and pick up a pair of trowsers at Mr. Newman's step—he rolled them up in hit arms, and ran away—I told Jones of it.
Prisoner's Defence. I taw them lying down, I picked them up, not off the step, but off the ground—I did not know whose they were.
GUILTY. Aged 15.—Recommended to mercy. — Confined Three Months.
1132. ANN SHEEN was indicted for feloniously receiving of a certain evil-disposed person, on the 5th of February, 1 waistcoat, value 10s.; and 1 tippet, value 4s.; the goods of John Prescott; well knowing the same to have been stolen; against the Statute, &c.
CHARLOTTE PRESCOTT . I am the wife of John Prescott. I have a son named John Matthew Carter, by a former husband—I was confined in bed in the month of February—I missed several articles, among them a squirrel tippet, which is worth about 4s., and a velvet waistcoat belonging to, my husband, which is worth 25s.—it was in a good state when it was lost—I charged my son with stealing the property—he denied it at the time; he afterwards proposed to go with his aunt somewhere—I got a policeman from the station-house, on the 2nd of March, and went to rose-lane, spitalfields, with the policeman and Carter—I saw Mrs. Sheen there—I can hardly say if the prisoner is the person—she was not in widow's-weeds when I saw her—it was a person who represented himself as Mrs. Sheen—the person I saw before the Magistrate was the same I saw in Rose-lane—the policeman said he had come for same things she had got belonging to me, and named a waistcoat that the boy had brought—she said she did not know, but if we would come to-morrow morning she would see—the officer said he must have it now—he accompanied her up stairs, and when he came down he produced this waistcoat—I told the prisoner that Carter said he had sold it to her—(Carter was in the shop at the time)—she then denied all knowledge of it—Carter told her he had sold it to her—she denied it all throughout—I remained with the boy in the, shop—from a quarter to half an hour elapsed before they came down stairs—the officer asked me if I knew the waistcoat—the officer told her the boy had brought it to her, and sold it for 6d.—she said he had left it there for food to the amount of 6d.—the boy said she had given him food—while the prisoner was up stairs a young woman in the shop gave me information—when the prisoner came down I told her she had a fur tippet, and she said I might come up with her and see—the officer said he thought he saw the tippet up there—I went up, and found it in a chest—the prisoner said, if that was mine, I could have it—I told her I knew it by a mark inside, for as it was coming from the country it got stained—I asked Carter, in her presence, whether he had sold it to her—he said he had for 6d.—she said he had not told it to her, she had supplied him with articles of food; but he was at the same time in a place of employment, where he was found food.
Cross-examined by MR. DOANE. Q. You missed these articles is February? A. Yes—it was my son took them from me, for my sister met him, and he told her so—I charged him with it on the 2nd of March, the night I went to the prisoner's—he denied it to me—my husband is not here—it is his waistcoat—he is a card-maker—my son was living with me prior to this, and I got him a ship—he had sold both his outfits to a son of
Mr. Sheen's—he went to sea, and returned about the middle of January in a destitute state—I clothed him and fed him, and during that time he robbed me—he was not living with me till the 2nd of March, but in a vessel—I have one other child, besides an infant—the prisoner afforded every facility for searching her premises—I said, "My son has sold you my tippet and waistcoat"—she denied all knowledge of them—when they were found, when I said they were mine, she said she had lent him food on them, and he admitted he had food.
MARIA WINGATE . I am the wife of Thomas Wingate, and live in George-street, Willow-street—the boy Carter is my nephew. On the 2nd of March I met him in Shoreditch, and in consequence of what he said I went to the prisoner's house, in Rose-lane—the boy waited outside—I went in, and asked the prisoner to give me the waistcoat that she had bought of the boy for 6d.—she said she had no waistcoat, and if I brought the boy he would not say she had it—I went away, and informed his mother of it.
Cross-examined by MR. PAYNE. Q. Had you the boy with you? A. Yes, at the door—I asked him to go in, and he would not.
JOHN MATTEW CARTER . I am the son of Charlotte Prescott. I ran away from my ship at Hartly Pool—on my arrival in London, some weeks after, I went to the prisoner's to lodge two nights—I took a velvet waist-coat and a fur tippet from the bed-room at my mother's house—I took them to Mrs. Sheen's, about six o'clock in the evening, and said, "Mrs. Sheen, can you lend me 6d. on this waistcoat?"—she said, "Yes," and asked what I had in my breast—I said, "A fur tippet"—she asked if I wanted 6d. on that—I said, "Yes"—I let her have them—she detained the whole money—6d. for bread and cheese, and 6d. for lodging—she gave me half a quartern loaf and 2d. worth of cheese—she has a lodging-house in Wentworth-street, where I lodged—there is a parcel of bad girls there—I told my aunt what I had done with the waistcoat—I remained outside while she went into the house—I waited about till my mother arrived, and then went to Spitalfields watch-house for a policeman—he accompanied me and my mother to the prisoner's—I heard what the officer said to the prisoner—the waistcoat and tippet were found there—the policeman took me to the station-house.
Cross-examined by MR. PAYNE. Q. How old are you? A. Sixteen—I staid on board the ship six weeks—I went to Sunderland, and entered on board a ship there—I came to London about three months ago—I did not go to Mrs. Sheen's to lodge five nights—I will swear I did not—when I came to King James's-stairs I went straight to my mother's—I was apprenticed on board the Victoria, which sailed from Hartlepool—I went on board at London, and worked to Hartlepool, and was on board there six weeks—I ran away because my master and the mate used to beat me—I was on board the other vessel three months—she came to Sunderland, and was sold to another owner—I came on board another ship to London—when I came to my mother's I had no clothes—I sold them in Sunderland to get bread—it was a fortnight from my leaving the second ship and going to the third, during which time I sold my things—I remained with my mother three weeks till I got another ship, the Mary and Ann, and went on board her at the New Crane-stairs—about six weeks ago I left her in London, and went to Mrs. Sheen's—I sold my outfit to William Sheen, who used to live in Wentworth-street—I left the last ship because I did not like it—they did not beat me there—I stopped with Sheen about four
nights—I paid her by money that I sold my clothes for—I sold my blanket for 1s. 6d., and the rug for 6d., and I sold my jacket and other things to William Sheen, and took the money to Mrs. Sheen—she accused me of stealing a pillow-cover—I was then walking about the street for about a week, and then I went to my mother's—she gave me a shirt and things—I took the waistcoat and tippet out of my sister's bed-room—I had two nights' lodging and food at Mrs. Sheen's for them—I met my aunt in Church-street on the Monday—I was working down at Billingsgate from the time I left the prisoner's till I met my aunt, and then I told her that I took these things—I stood at the corner of the street—my aunt asked me to go in, and I would not.
GEORGE TREW (police-constable H 125) I was at Spitalfields station-house on the 2nd of March—MRS. Prescott and her son came to me—I went with them to the prisoner's shop in Rose-lane—I saw the prisoner—she keeps a chandler's-shop and a lodging-house—I said I had come for a waistcoat that the sailor-boy had brought to her—she denied all knowledge of it—some girl there said she thought she had seen it—Mrs. Sheen said if I would call the next day she would let me know—I said that would not do for me, I must have it—I went up stairs and found the waistcoat in a chest, and saw the tippet there also—I took the waistcoat down, and the boy said he had sold it to Mrs. Sheen for 6d.—she denied it, and said he had left it there for 6d., Mrs. Sheen then went up stairs with Mrs. Prescott, and found the tippet—I took them and the boy away, and came back with Power in about five minutes, to take the prisoner—we wafted in the shop about half-an-her, as the girl in the shop said Mrs. Sheen was gone to the other house in Went worth-street, but I heard a noise up stairs, went up, and heard a door slam to—I called Power, we broke that open—the prisoner was not there—we went to another door, broke that open, and found her stuck in a little cupboard.
Cross-examined by MR. PAYNE. Q. Had you intimated an intention of coming back, when you were there first? A. Yes—I had seen a great deal of property there, and thought all was not right—she went up with us to search for it—she said she had no recollection of a boy having sold her any thing of the sort—she was standing upright In the closet—she seemed rather frightened.
DENNIAS POWER (police-sergeant H 18.) On the evening of the 2nd of March I went with Trew to the prisoner's house—we were informed that she was gone to her other house, in Wentworth-street—we waited about half-an-hour, and Trew and I went up to the first-floor—that room door was shut, 1 caused it to be broken open, and found no one there—we found another door out of that room, which was locked—we called, no answer was given—Trew broke it open, and in the second room I saw a door which led to a closet—Trew pulled it open, and I saw the prisoner—I said; "Why not come out like an honest woman"—I said I took her for receiving stolen goods—she said she never took any—I took her to the station-house—she produced a receipt on the London and Westminster Bank for 54l. 13s. 6d.
(Louis Lyon, a licensed appraiser, in Bell-lane, Houndsditch; Sarah Anne Lucas, wife of a clerk, of Laurence Pountney-hill; and Patrick Hurley, labourer, Fashion-street; gave the prisoner a good character.)
GUILTY ,† Aged 59.— Transported for Fourteen Years.
Fifth Jury, Before Mr. Sergeant Arabin.
1133. WILLIAM JOHNSON was indicted for forging, on the 30th of March, a request for the delivery of three locks, with intent to defraud Samuel Woolley.—2nd COUNT, for uttering the same; to which he pleaded
GUILTY . Aged 39.— Confined Two Years.
1134. ANN BARKER and CHARLOTTE JONES were indicted for stealing, on the 29th of February, 1 gown, value 1l. 10s., 1 cloak, value 1l. 10s.; 3 handkerchiefs, value 9s.; 1 scarf, value 3s., 2 veils, value 4s.; 2 blankets, value 6s., 1 pillow, value 3s., 1 pocket, value 6d.; 1 box, value 10s.; 2 scent bottles, value 1s., of Eliza Lockwood: and 1 gown, value 8s.; 2 shifts, value 4s.; and 2 handkerchiefs, value 2s.; the goods of James Merrett; to which they both pleaded
GUILTY .— Transported for Seven Years.
JAMES CHARLES JONES . I am a sawyer, and live in Turner's-place, near the City saw-mills. On the evening of the 23rd of March I went out with a friend to buy a hat, we then met with some loose characters and they got into conversation—I think there were three ladies—I treated them to some gin and cloves—we went to three public-houses—I do not know the sign of the last, but it was near the turnpike—I came out and accompanied the prisoner whom I had become acquainted with at the second public-house, and he had gone with us to the last public-house—I went with him to the end of Henrietta-street, where he asked me to lend him half-a-crown—I would not—he then asked me to lend him half-a-crown on his watch—I was hesitating about it and he snatched the half-crown from my hand as I was about to return it to my pocket—he then knocked me down—the officer came and found me bleeding.
Cross-examined by MR. PHILLIPS. Q. You remember all this very accurately? A. Yes—I was not quite sober—the first public-house I was at that night was in Old-street, I went in there with a friend, a female, whom I had seen at the play one evening before, and I met her again that night, by chance, about nine o'clock; we went and had a quarter of gin between us—I accompanied her home to Henrietta-street, we had nothing to drink there—she went back with me to the public-house and I parted with her outside—it was then about half-past eleven o'clock—about twelve o'clock I was going home and met with another female—I went with her to the Britannia public-house, we had a quartern of gin there—two other girls were there who knew the girl I was with, and we all went over to the other side of the way to another public-house—I stood another quartern of gin there—I then went outside and the prisoner came up, he was a stranger to me, but he appeared to know the girls—they spoke together—we then all went to the Three Crowns public-house, at the corner of East-road—we there had half-a-pint of gin and cloves, nothing more, and then the females left—I had not pulled them about—they did not call me a monster and say they would have nothing to do with me—I did not give the prisoner a thump—I did not touch him—I did not say to him, "Halloo, old fellow, have you not got any further?"—he did not advise me to go home to bed—he did not say if I would lend him half-a-crown till to-morrow he would be obliged to me—he mentioned that he was a shopmate
or I should not have kept company with him—he did lay if I would lend him half-a-crown he would pawn hit watch in the morning and pay me—I saw the watch in his hand, which induced me to pull out my half-crown—I did not snatch at his watch.
NATHANIEL CATER (police-constable N 964.) I was on duty and heard a violent cry of "Police"—I went to the spot, the prosecutor was sitting down on the ground bleeding at the mouth, and the prisoner was standing over him with his clenched fist—I asked what was the matter—the prosecutor said, "This man has knocked me down and robbed me of half-a-crown"—on the way to the station-house the prisoner said, "That man lent me half-a-crown on my watch," and at the same time he produced this half-crown from his pocket and gave it me.
Cross-examined. Q. Did not the prisoner say he gave him half-a-crown? A. Yes, to get a woman, and he said he was going to lend the prosecutor his watch for the loan of the half-crown—he gave up his watch to me at the station-house—the chain of it is broken.
WILLIAM SAUNDERS (Police-constable N 170.) I saw the prosecutor and the prisoner together in Old Street-road—the prisoner said, "This is our way home" the prosecutor said, "No, it is not"—the prisoner said, "Oh yes, it is, come along," having hold of his arm, I thought they were friends and I went away—in about tea minutes I heard a cry of "Police"—I saw the prosecutor on the ground, and the prisoner standing over him in a fighting attitude—the prisoner was disguised in liquor.
NOT GUILTY .
HENRY SYLVESTER . I am a clerk in Somerset-house. On Saturday night, the 4th of April, I was in Fleet-street, about ten o'clock—I had a handkerchief in my pocket—I felt a tug—I turned, and saw the prisoner putting my handkerchief Into his breast pocket—I gave him into custody—this is my handkerchief—(looking at it.)
Prisoner's Defence. It laid down; I picked it up, and gave it to him when he turned round, and he gave me in charge.
GUILTY .** Aged 13.— Transported for Ten Years.—Convict Ship.
MATILDA HANNAH LUCKIE . I am assistant to Rebecca Holmes, who keeps a linen-draper's shop at Hackney. On the 21st of March the prisoner, who, was a stranger, came and inquired for some mouseline-de-laine dresses—she chose one, which was to be put by till half-past seven o'clock—she then looked at some fringe and lace, and then wanted to look at some lining for her dress—she went to the opposite counter, where her dress was, to see the colour—I saw her put something into a small bag which she carried, and which I imagined to be a piece of ribbon—I went into the next room, and stated what I had seen—my brother came out, and missed a piece of ribbon—he charged her with taking it—she denied it at first, and then said she had taken it, and begged forgiveness—I sent for a policeman—this ribbon was found in her bag.
(The prisoner received a good character.)
GUILTY . Aged 27.— Confined Two Months.
1138. MARY FITZWATERS was indicted for stealing, on the 15th of February, 2 sheets, value 3s., 1 quilt, value 2s., 2 shifts, value 1s. 6d.; 1 shawl, value 1s.; 1 table-cloth, value 6d.; 1 handkerchief, value 6d.; 1 pinafore, value 8d.; 2 aprons, value 1s. 6d.; and 1 curtain, value 6d.; the goods of John Harrold; and that she had been before convicted of felony.
SARAH TRIMBY . I keep a mangle, and live in North-place, St. Luke's. On the 15th of February I had these articles stated to mangle—when they were done the prisoner came and said, "I have come for a dozen of clothes that my girl brought"—I said, "I have got no clothes of yours"—she said, "Yes, these are mine," pointing to my drawers, where these things laid—there had been a girl there with some things, and I said, "Did your girl tell you about a place of nursing?"—she said, "Yes, and I am much obliged to you for it"—she then paid me for these things, and, took them away—I am sure she is the person—I met her crossing the City-road about ten days afterwards, and watched her to where she lived—I had her secured.
SUSAN HARROLD . I am the wife of John Harrold. I took these articles to Trimby to be mangled—the prisoner is a stranger to me—I did not authorise her to go for them—a part of the property is here—(looking at it)—the rest is lost.
GUILTY.* Aged 28.— Transported for Fourteen Years.
(There was another indictment against the prisoner.)
1139. THOMAS COOPER was indicted for stealing, on the 28th of January, 10 handkerchiefs, value 1l. 14s., 1 coat, value 1l. 15s.; 1 jacket, value 1l. 7s.; 1 scarf, value 12s.; 3/4 of a yard of kersymere, value 5s.," and 1 1/4 yard of satin, value 15s., the goods of William Henry Ablett, his master; to which he pleaded
GUILTY . Aged 22.— Transported for Seven Years.
JOHN LITTLE . I am a milk-man, and live in Elizabeth-street, Pimlico. The prisoner bad been in my employ for four or five years, to look after my cows, and to go out with milk—I had this tin box (looking at one) in my parlour—it contained money, amongst which was four sovereigns, to my knowledge—he was in and out of the parlour and the shop, and could have access to this box—I lost it on the 1st of March, but I did not miss it till the policeman brought me some papers which had been in it—I had kept the box locked with a brass padlock—it was broken open, and all the money gone—the prisoner had 2s. a week, and his board, lodging, and washing—he left me without notice.
JAMES SILVER . I am a policeman. I was on duty in Hyde-park, about half-past eleven o'clock on the 1st of Match, and found this tin cash box concealed behind some fencing round a tree—I took it, and found some papers which enabled me to trace the prosecutor—there was no money in the box—I was in search of the prisoner, but did not find him till the 27th of March.
JMAES LIGHT . I am a policeman. I apprehended the prisoner on the 27th of March, in the Broad-way, Westminster—I took him to his master, he then said he took the box from his roaster's, that he took it into the park, and wrenched the lock off, and had spent part of the money in baying clothes in Westminster—I took him to the place he described, and they identified the coat and boots he had' on as having been bought there.
GUILTY. Aged 17.—Recommended to mercy by the Prosecutor. — Confined Three Months.
ROBERT NICHOLSON HALFHEAD . I am a cow-keeper, and live in New Inn-yard, Shoreditch. The prisoner came to my yard, on the 5th of March, and said he knew of a pig to be sold very cheap, if I would go and look at it—I knew him by sight, but had never entrusted him to do any thing for me—I hesitated some time, and at last I went to look at the pig—the person who had it asked 3l. 10s. for it—I offered 3l., and left—at seven o'clock in the evening the prisoner and the owner of the pig came, the owner said I should have the pig for three sovereigns, and I paid him—the prisoner then said, "I have got nothing to do, I will bring the pig in the morning, let he have 6d. now," which I did—he never brought it—I afterwards saw him at the station-house—he said, "Don't book the charge, I have sent for the money, you will have it directly"—I said I wanted the pig, not the money.
RICHARD PETERS . I live with my father at Bethnal-green. On the 6th of March, the prisoner came and said he had come for the sow for Mr. Halfhead—I delivered it to him—my father had been paid for it the night before—he asked me to help him drive the sow a little way, and before I could get round, he was out of sight with it.
DAVID ALLKINS . I am a butcher, and live in White cross-street. On the 5th of March, the prisoner told me he knew of a fat sow for sale—I went and bid money for it—the next morning he brought it and said I should have it at my price—I gave him 58s. for it.
NOT GUILTY .
MARY SWAINE . I am servant to Mr. Christopher Fryer, who lives at North-bank, Regent's-park. On the 20th of March, the prisoner came to the house, about six o'clock (he had called on the 18th, but I did not know him—he was dressed as a sweep, and said it was time for the chimneys to be swept)—he came on the 20th in the name of our sweeper, and swept the kitchen chimney—the spoons were then on the shelves, and the knives and forks on the table—I left the kitchen for two or three minutes, and when I came back the other boy who came was up the chimney, and
the prisoner in the kitchen—they swept the chimney, and went away, in half-an-hour afterwards I missed these spoons, and knives and forks—they are my master's—(looking at them.)
MATTHEW AUSTIN . I am a sweep. The prisoner was out of place, and he asked me to let him stay with my boys at my place—I knew they went to the prosecutor's on the 20th, but I did not send them—when I heard of this I went and saw the prisoner in the station-house—I then went home, and found the two spoons and one fork under the bed on which the prisoner had slept, and the other things were in my cellar.
EDWARD KELL . I am a policeman. I received information, and took a boy named Noakes—I found the prisoner in a public-house—I told him of this—he said he had not been there, and knew nothing about it—he afterwards said he was sorry for it, and he never did any thing of the kind before—when the things were produced at the station-house he said he took them while the other boy was up the chimney.
(The prisoner received a good character, and his former master engaged to employ him.)
GUILTY . Aged 18.— Confined Three Months.
JAMES BALL . I am an oilman, and live in Duke-street, Grosvenor-square. I employed the prisoner for six weeks—I suspected him, and on the 25th of March, as he was leaving the shop, I saw he had something—I followed him, told him to come back, and I found this soap in his pocket—I asked him what he was going to do with it—he said, to take it home—he did not deny that it was mine.
GUILTY. Aged 48.—Recommended to mercy. — Confined Six Weeks.
OLD COURT.—Friday, April 10th, 1840.
Third Jury, Before Mr. Sergeant Arabin.
1144. SARAH CUTLER was indicted for stealing, on the 10th of November, 1 cloak, value 30s.; 1 shawl, value 25s.; 1 veil, value 15s.; 2 gowns, value 3l. 8s.; 1 ring, value 2l.; 3 petticoats, value 10s.; 4 shifts, value 10s.; 4 pairs of stockings, value 6s.; 2 bed-gowns, value 5s.; 1 collar, value 7s.; 1 scarf, value 13s.; 2 handkerchiefs, value 3s.; 1 pair of stays, value 2s.; 1 pair of shoes, value 2s.; 1 cap, value 4s.; 1 bag, value 2s.; the goods of Joseph Massingham: 1 umbrella, value 5s., the goods of John Joyce: I collar, value 2s., the goods of Sarah Ackley, in the dwelling-house of Joseph Massingham and another: to which she pleaded
GUILTY . Aged 21.— Trapsported for Ten Years.
JOHN MAYHEW . I keep a livery-stable in Great Ormond-yard, Queen-square. On the 24th of March, about six o'clock in the morning, I missed two coach-glasses from a landau in the mews—I found the prisoners in custody with them—(looking at them)—these are them—the glasses are out, but the frames are here, and fit them—I have seen the prisoner John Ram before, loitering about the yard.
WILLIAM TARRAN . I live at the Crown public-house, in Great Ormond-yard. On Tuesday morning, between six and seven o'clock, I observed the prisoner James take two carriage-glasses off the dunghill—they were covered over with dung—he ran away with them tip the yard—I was in my bed-room—I raised the window to give an alarm, but could not see any body—I dressed myself, went down, and informed the ostler.
JOSEPH WATLING . I am a carpenter. On the Tuesday morning, shortly after seven o'clock, I saw the prisoners in Swinton's-fields—they crossed over into a hollow with these glasses in the frames under their arms at the back of my premises—I saw them knocking the frames from the glasses—I went in pursuit, and met a neighbour—we followed them to the top of the street—a policeman then came, and took James, who had the two glasses—they were then out of the frames—he gave them to my neighbour, and pursued John—they were each engaged knocking the frames out of the glasses.
STEPHEN RYE . I am a policeman. I was in Gray's Inn-lane on the 24th of March—I saw the prisoners cross the road—James had the glasses under his arm—I walked over, and told them to come to the station-house—the other ran away—a man came up, and said, "You should take the other also"—I gave James to him while I ran and brought John back.
JOHN RAM— GUILTY . Aged 19.— Confined Six Months.
JAMES RAM— GUILTY . Aged 21.— Confined Nine Months.
NATHAN PHILLIPS . I am a slop-seller, and live in High-street, Shadwell. On the 31st of March, about half-past two o'clock, I was returning home—a coal-wagon passed my door—I saw the prisoner go round it, drag a jacket from my door-post, and run away with it—I ran after him, secured him, brought him back with it under his arm, and gave him in charge.
GUILTY . Aged 18.— Confined Three Months.
CHARLES YATES . I am servant to Ann Cameron, a silversmith and clothier, in Farringdon-street. On the 7th of April, about half-past ten o'clock, somebody gave me information—I went out, and saw the prisoner about half the length of the Old Bailey from the house, with two pairs of trowsers—I secured him with them—he had taken them off a rail under the window.
GUILTY . Aged 17.— Confined Three Months.
Before Mr. Baron Alderson.
MR. RYLAND conducted the Prosecution.
JOHN GREGORY FORBES . I am a medical student at University College. I remember the prisoner lodging at No. 31, Grafton-street East—I attended her there on the 25th of August last—(she had previously called on me with a letter from the hospital to attend her)—I delivered her that day of a full grown male child—it was a fine child—one, if not two women were present at the time—Elizabeth Baby was one—I attended her until the 10th of September—she and her child were doing well, and my attendance
then ceased—I called at the house on the 4th of October, and saw the prisoner—I have no recollection of seeing the child, nor whether I asked after it—I saw her again about the middle of November at the Middlesex Hospital—she was under treatment there for an inflamed eye, as an outpatient—I then asked her after the child, and she said it was dead—I asked what caused its death—she said the same disease which she bad been labouring under, which was hemorrhage of the bowels—I saw her several times after, but have no recollection of any other conversation with her.
WILLIAM JAMES ERASMUS WILSON . I am a surgeon, and live in Upper Charlotte-street, Fitzroy-square. I saw some bones on the 25th of February at the house of a policeman named Parke—there were twenty-two bones altogether—ten of them were human bones, seven were of the head, two of ribs, and one of the arm, and all were of the left side of the body—they were the bones of an infant—several that I examined decidedly belonged to the same individual, and I should think they all did—from their size the child was certainly full-grown, and I should think had lived about three weeks—I cannot speak with accuracy on that subject, but there was sufficient indication to lead me to conclude so—there was nothing to indicate the sex.
SARAH CAROLINE DILLINGHAM . In August last I lodged at No. 31, Grafton-street East—the prisoner lodged in the same house—I remember her being brought to bed—I Attended her as nurse—I attended to the child—it was a boy—I nursed her for three weeks—both mother and child seemed quite well when I left her—I went from her to nurse Mrs. Gray, the landlady, in the same house, and was with her three weeks—I saw the prisoner coming in and out, but never saw the child after the first three weeks—I was not on good terms with her—I quarreled with her before I left—I went Into her room once after that to borrow something for a person in the next room, and I asked her how the child was—she said it was doing pretty well, and that it was at Was worth—while I was nursing her I fetched some laudanum for her from Mr. Williams, in Tottenham-court-road—I brought in a phial with a label "Laudanum—poison" written on it—I gave it to the prisoner, and she took some of it herself—I cannot say whether I bought a penny worth or two penny worth—she took it because the said she was not very well—shortly before I left Mrs. Gray I saw the prisoner with a black ribbon on her bonnet.
ELIZABETH BEABY . I am the wife of Thomas Beaby. In August last I lodged at No. 31, Grafton-street—I remember the prisoner being brought to bed—I washed the child, and saw it daily for about three weeks, and two or three days—the last time I saw it she was taking it down stairs—there was a person named Mary Christenson with her, who had the prisoner's elder child with her—I did not see the face of the infant at that time—it had been in very good health up to that time—I saw them on the staircase—I did not see them go out, but when the prisoner returned the came to my door, and said she had been very lucky, that she had got a purse for her child—I asked her where—she said she had taken it to Walworth—(she had told me before she must take it out to nurse, as having two children she could not do her work—she took in needle-work)—I saw her next morning—she said she was going to buy flannel and other things for the child, as the clothes it had were not good enough for the respectable place it was at—a day or two afterwards she went, as I thought, to visit the child—I inquired after it, she said it was doing very nicely, and she was much pleased that it had so good a nurse, and so respectable a place
—when the child would be about six weeks old a letter was brought to the door by a boy—the prisoner was not at home—the person who took the letter in lives in the front-room—she brought the letter up to me, and asked me to take charge of it—I would not, and saw her put it under the prisoner's room door—next morning the prisoner came to roe—she seemed in very great trouble, and, told me the letter which was brought on the Sunday was to announce the death of her child—she said it died of convulsion fits—after that she went into slight mooning for it—a few days afterwards she came to my room, and asked if she looked respectable enough to go to follow the baby—she had on mourning—she said she was going to see her child buried—I asked; her where it was going to be buried—eke said the person who had the child would see to that—when she returned she told me where it had been buried, but I cannot; recollect the name of the place—the prisoner said, some time after, that she was sorry she ever put the child out, if she had not put it out it might have been alive now, and she should never have put it out if it had not been for that Poll, meaning Mary Christenson—at the time the prisoner was taken up, Christenson had been lodging with her for a month or five weeks, in the same room.
Cross-examined by MR. CHAMBERS. Q. How long have you known Christenson? A. I only knew her by coming backwards and forwards to see the prisoner, and afterwards she came to live with her.
COURT. Q. Had they had any quarrel? A. I never heard of a quarrel between them.
SARAH GRAY . I am the wife of William Gray, and keep the house, No. 31, Grafton-street The prisoner lodged with me—I was present at the birth of her child, on the 25th of August—I frequently went into the room, and saw it for about three weeks and three days—I remember, about that time, seeing the prisoner and Christenson—I did not see them go out—I saw them come in without the baby—the other child was with them—they went out the next day, but I did not see them go—the prisoner told me they had taken the baby to Walworth, to nurse—that was some time after—the afterwards told me of the letter coming to her, that the baby was dead, and she was going to bury it at Walworth, and that it died of convulsions—the night she had buried it she came down to me, and told me she had buried it at Walworth—it appeared a very fine baby when I saw it.
SOPHIA HOLCOMBE . I am the wife of James Holcombe. I lodged at No. 31, Grafton-street—I never saw the prisoner's baby—I remember a letter coming for her—she was out at the time—I took it up and put it under her door—she afterwards thanked me for taking it in.
MARY CHALMERS . I am the wife of Charles Chalmers, and live at No. 55, Monmouth-street. I knew the prisoner—Christenson was in the habit of calling occasionally on me—the prisoner never came to the house with her—I heard of some bones being found—a person could get from the street to the place where they were found, by the street-door, without coming into the house.
MARY ELIZABETH CHRISTENSON . I lodged in the same house with the prisoner, at No. 31, Grafton-street East, for about a month—I have known her about two years, but not to be intimate with her above nine or ten months—I remember her being delivered of a child in August—I saw her and the baby—I continued to see the child there for about a month—I
went one morning, and found the prisoner in bed—I asked why she was in bed so late—she said she was tired with being at Walworth the night before, where she had taken the child to be nursed—I never saw the child after that—I did not see it then—if it had been with her in the room I should have seen it—she said she should go and see it next Sunday—I do not know whether she did go any where on Sunday—about a fortnight after it was gone to nurse she told me she had received a letter to say that the child was dead, and that it died of convulsions—she went into mourning for it—she had some clothes there—she said that in going along when she went to see the child, she had bought some new clothes for the child—those she had there were old clothes—she put the old clothes up together, and told me she was going to sell them—I asked her why she sold them—she said she had no further occasion for them—that was after she said the child was dead—she said on the day I gave the information, that she had given the child laudanum, and had put it down the water-closet in Monmouth-street—I have known Mrs. Chalmers some time—I occasionally went to see her when she lived in Monmouth-street—the prisoner has gone with me to the door, and waited outside, but never went in there—she knew Mrs. Chalmers by name, that is all—she said she had put the child where Mrs. Chalmers had lived—she told me before that that the child was buried at Walworth, but I do not remember the place—I have often seen laudanum in her room—I never saw her take any—she said she had it for the lumbago and other pains she was subject to—on the 5th of November she asked me to go down to Romford with her—I asked what for—she said, to see Robert Yell, the father of the child—I asked why she wanted to go to him, as the child was dead, and buried at Walworth—she said, if he paid the funeral bill, or part of it, it was all she wanted—we went down to Romford; we saw Yell, but I did not hear her say any thing to him about it—when she came back I asked her why she did not speak to him about it—she said she knew he was coming to London on Monday, and she could have a better opportunity of speaking to him about it then.
Cross-examined by MR. CHAMBERS. Q. Are you single? A. Yes—I am a stay-maker—that is the only way I get my living—I know a person named Stevens, an ivory-turner—he is no relation or connexion of mine—I lived servant in the same house with him—he was not robbed while I lived there—he did not complain of losing any thing while I lived there—I never lived servant to him, but in the house where he lodged—it was about a year or a year and a half after I left that house that he complained of being robbed—he did not say he had been robbed during the time I was there—he charged me with the robbery, because I was in the habit of going backwards and forwards to the house—he charged me with stealing money and jewellery—I used to go there to see him at all hours, night and day—I sometimes passed the night there—I did not visit any body but him—I was in the habit of visiting him in that way about twelve months—that was while I was acquainted with the prisoner—she knew of it—I have never had any quarrel with the prisoner—I never called her a name in my life—I do not know Margaret Heard—I lived at No. 31, Grafton-street for about a month—I believe Margaret Heard lodged there—I have seen her—the prisoner never called me a wh—, nor I her—I never went out in company with the prisoner and the child—I did not go out one Sunday with the child—I never went out with both the children—I never went out with the elder one, and she with the baby, and came back without
the baby, not at any time—I never went out with her and the baby—the prisoner and I were often out together—I do not recollect Mrs. Gray seeing me return with her and the other child, without the baby—I never was out with her with both children—I was very intimate with the prisoner—she never went out with me and left the baby at home while I was there—I will swear that the prisoner did not mention a word to Mr. Yell about the funeral expenses—I was near enough to hear what they said—I never left the room—I heard all the conversation which took place between them—she did not mention a word to him about the funeral—she asked him during the time we were at tea whether he had been up to London lately—he said he had, and according to the statement in her last letter had called at No. 81, Grafton-street, and a person said no such person lived there—she said it was very strange—she asked when he was coming again—he said, on Saturday, and he made an appointment to call on her.
JOHN PARK (police-constable E 5.) In consequence of information, I took the prisoner into custody on the 21st of February, at No. 31, Grafton-street, at her lodging—I told her I had been informed she had given birth to a child about the 25th of August, and several people in the house were dissatisfied, as the child left the house in a strange kind of manner—she said she would give me every satisfaction about it; the child was well and hearty—I asked where it was—she said she had received a letter from the father to meet him at the Horns tavern, Kennington, and she met him there and gave him the child—I desired her to show roe the letter—she said she had destroyed it—she made search about the room, and said she was sure she had destroyed it—she could not find it—I asked her who the father was—she said she did not know, she could not tell me—I asked if she knew where he was—she said she did not know—she said she knew he was a married man—I asked her if she had not reported the child dead—she said she had, as the people in the house were very inquisitive, and she was obliged to tell them that to satisfy them—I asked her when she had seen the child—she said, not since she took it to the father—I asked if she had not been in mourning for it—she said she had not—Mary Christenson was present when I took her—I received the information from a Mr. Kent, which led me to go to No. 31, Grafton-street, and I there saw Mary Christenson, who gave me information which made me take the prisoner—I have a phial which I found in the prisoner's room—Christenson, who took me to the house in Monmouth-street, told me the side-door was always left open, and I was to walk through the passage into the back-yard, and the water-cost was right before me; that the water-closet emptied itself into the common-sewer, and the mother had said she had no thought of it being found, as the water-closet emptied itself into the common-sewer—(I went to Mr. Field, the landlord, and asked him if the water-closet did empty itself into the common-sewer)—the bones were found in the cellar, not in the water-closet—it is supposed the water-closet had been emptied into the cellar—I found the bones there, which I gave to the surgeon—I stated to the Magistrate the conversation I heard between the prisoner and Christenson—that conversation was in the Magistrate's hearing, and I believe the Magistrate took it down.
COURT. The Magistrate has taken down what you said she had said, but the deposition states that the prisoner said nothing.
NOT GUILTY .
1149. GEORGE SQUINCE, MARTHA HODGSON , and SARAH BURCHELL , were indicted for feloniously making 3 pieces of counterfeit coin, resembling, and apparently intended to resemble and pass for three of the Queen's current shillings.
DENNIS POWER . I am a police-sergeant. I went, on the 3rd of April, with two other officers, Trew and Ifelan, to No. 61, Nelson-street, Bethnal-green—I went to the back-room door, on the ground floor—it was fastened—I broke it open, and found the three prisoners in the room, huddled up round the fire, in a sitting position—on going in the female prisoners both commenced screaming—one of them said, "We are done, we are done"—I cannot say which that was—Squince had a mould in his left hand, and a tobacco-pipe in his right—he was in the act of pouring something into the mould—I could not see what it contained—Burchell, who sat alongside of him, had a file in her right hand, and a shilling in her left, which she threw on the floor, towards the fire—Hodgson had her right hand extended toward the fire, but I could not see what she was doing—I immediately collared Squince—he threw the mould out of his left hand on the floor, and began kicking violently—I was assisted by Ifelan, who laid hold of him—we succeeded in pulling him away from the fire—he attempted to break the mould, but did not succeed—Ifelan kept him in one part of the room while I searched—at the time he dropped the mould a shilling fell oat of it—Burchell picked it up, and threw it on the fire—I commenced searching, and found half of a mould, which I produce—it was half of what Squince threw down—I then took four counterfeit shillings, in an unfinished state, off the mantel-piece over his head—I saw Trew take two counterfeit shillings from the same place—there was a pipkin red hot on the fire, with a quantity of metal in a fluid state—I found two files close to Burchell, and a tobacco-pipe, which Squince had been using—I found a quantity of broken moulds in the ashes, and mother pipkin, and two wet rags, which are used to bold the moulds—I found a piece of tin on the fire, which was red hot—that is used to dry the moulds—I had the prisoners handcuffed, and Hodgson had an infant in her arms—she said, "Oh, we shall be sent out of the country for life—never mind, George, I shall go with you"—Squince said, "No, we shall sot go to the same country"—I sent them to the station-house.
GEORGE TREW . I am a policeman. I found the whole of a sixpenny mould, and the whole of a shilling one—I found four counterfeit shillings, one was quite hot, I could hardly hold it—I saw this one drop from the mould—Burchell flung it on the fire, and I took it off.
MR. JOHN FIELD . I am inspector of coin to the Mint. Here is half a mould, produced by Power, and the other by Trew—the two form a mould for counterfeit shillings—the eight shillings produced are all alike, and, I believe, have all been cast in this mould—here is another mould for sixpences, and also a good sixpence in it, by which it is made—it does not appear to have been used for casting at all—the files are used to remove the surplus metal, after they have been cast—I have examined the metal in the pipkin—it is a similar kind to that the shillings are made of.
Squince's Defence (written.) "What the officers have stated is nearly the truth; at the same time, I beg to explain how I have been led to commit the crime. On Friday last I was sitting in my apartment, in Nelson-street, when a man, named Birch, came in, and asked my permission to make a mould or two at my place; and not being aware of the responsibility I was under, I gave him leave. He made two, and said, if I would give him 10s. he would learn me how to make them. He put some metal on the
fire, and immediately began to work at some. He wished to go out for a few minutes, and put a mould in my hand, which he desired me to hold safe in my hand till he brought some metal. He had not left two minutes before the officers burst the door open, and came in. The base metal and coin found in my room was what Birch had brought and worked. I never before was tried for a like offence: I hope your Lordship will perceive I have been ensnared by Birch, and will extend mercy to me."
Burchell's Defence (written.) "On the day in question I went to the house of the prisoner, to see another person, who was not at home. I was tempted by curiosity to stop, and see what they were doing; and while I was there the policemen forced in, and apprehended the whole of us. Had I had any knowledge I was doing wrong I would not have remained in the room; but being young, only nineteen, I did not contemplate I was doing wrong: it was mere curiosity induced me to stop."
SQUINCE*— GUILTY . Aged 19.
BURCHELL*— GUILTY . Aged 19.
HODGSON*— GUILTY . Aged 18.
Transported for Ten Years.
CALEB EDWARD POWELL . I am assistant solicit or to the Mint. I produce a copy of the record of the conviction of Ruth Miles with another at this Court in November, 1838, for uttering counterfeit coin—I have examined it with the record, it is a true copy—(read.)
THOMAS BLAKEMAN . I lire in Judd-street. On the 18th of March, a little after one o'clock, the prisoner came to my shop with a girl, she bought some muslin, which came to 10 1/2 d., and tendered half-a-crown, which I examined, and told her it was bad—they then went away, saying they would get other money, and fetch the goods—I put the half-crown in paper, and placed it in a private drawer—I afterwards gave it to Howard, the policeman—she did not return—she was tot more than fire minutes in the shop—I am certain of her—I saw her in custody three days after—I did not know her before.
ELIZABETH BEEDLE . I am a servant of Mr. Gilbertson, a baker in Judd-street. On the 18th of March, about two o'clock, the prisoner came to the shop with another girl about her own age—the prisoner asked for a half-quartern loaf, which I gave her—she tendered me half-a-crown—I went to the till, and took 2s. out—I then took the half-crown from the counter, and told her it was a bad one—I took back the St., put them in the till, and told her I must show the half-crown to Mr. Gilbertson—I do not recollect that she said any thing—I immediately gave it to Mr. Gilbertson, who sent for a policeman, who took her.
Prisoner. It was not me offered it to you—you put it in the till, then took it out, and said, "I have two bad half-crowns here, one of you must have given me one." Witness. It was the prisoner gave it to me out of her hand—I had no other.
gave Howard the policeman—I had another half-crown, which I showed the policeman, but did not mix it with this.
THOMAS HOWRD . I am a policeman. I was called in by Mr. Gilbertson—I received from him this half-crown—I took the prisoner and the other into custody—I called on Mr. Blakeman two days after, and received half-a-crown from him.
Prisoner. The two were given to him out of the till, and she showed him the two. Witness. She might show me two, but I was too much engaged with the prisoner—I only received one from Mr. Gilbertson, and do not recollect seeing any other.
Prisoner's Defence. The other girl is guilty of uttering the money, I did not do it at all; she was tried before, and acquitted.
GUILTY . Aged 17.— Transported for Fifteen Years.
(The prisoner had been convicted three times before.)
1151. ELIZA EMMS was indicted for unlawfully, maliciously, and feloniously assaulting Robert Emms, on the 28th of February, and cutting and wounding him upon the left side of his head, with intent to do him some grievous bodily harm.
ROBERT EMMS . I am the prisoner's husband—we have been married four years. On the 28th of February I came home about half-past six o'clock from work—I found her drunk, and said, "You have been drinking"—she said she had not, and got up to scratch my face—I said, "You have scratched my face many times, if you do it I will knock you down"—she sat down for half a minute, and seized the poker with her right hand—I saw it, and having had it twice before, I tried to get out at the door—she went round the table, and knocked me down on the sofa with the poker, which she held in both hands—she struck me over the head with it, and said, "Take that, you b——"—I was insensible for several minutes, and when I came to myself she said I had better go to the doctor's—I opened the door, and got down somehow or other, and when I got to the bottom the landlady said, "What is the matter?"—I said, "My wife has struck me with the poker"—she put me on a chair, and bathed my head with some water—it bled violently—I afterwards went to Mr. Healey, the surgeon, who dressed my wound—I had given her no provocation but what I have stated.
Cross-examined by MR. PHILLIPS. Q. How old was the prisoner when you married her? A. Seventeen—I was not about separating from her, he has left me for a week together and came home intoxicated, and she would throw herself down on the tap-room floor exposing herself to fifty people—we have had quarrels before.
LAURENCE HEALEY . I am a surgeon. The prosecutor was brought to my house on the night in question by his fellow-workmen—he had a wound on his head to the extent of about three inches, and quite to the bone, he was labouring under concussion of the brain—I judge had the blow come in a direct line it would have fractured the skull and caused death—it was such a wound as would be made by a poker—he was in a dangerous state for about a fortnight.
(The prisoner received a good character.)
GUILTY of an Assault only. Aged 21.— Confined Six Months.
1152. MARY LAWSON and MARGARET HALL were indicted for a robbery on Robert Newman Sanders, on the 18th of March, taking from his person and against his will, 1 knife, value 1s. 6d.; 1 box, value 1d.; 16 pens, value 2d.; 1 cork-screw, value 9d.; 1 half-crown, 2 shillings, and 1 sixpence, his property; and immediately before, at the time of, and after the said robbery, striking, beating, and using other personal violence to him.
ROBERT NETWMAN SANDERS . I am a foreman in the West India docks, and live in Sophia-street, Poplar. On the 18th of March, about two o'clock in the morning, I was in Vinegar-lane, going home; I had got opposite the Two Mariners public-house, and saw four or five women standing on the pavement by a door there—(I had been up in town on business and was going home)—I know the prisoners were two of them—Hall stepped towards me and wanted me to go in doors—I cannot exactly say what she said—I refused and was about passing on—I then got abreast of the door, and instead of letting me pass the women hussled me into the passage and threw me on a bed in the room—there were five women round me—I cannot say whether there were more—I was thrown on the bed, my legs were taken from under me by somebody, and I was thrown on my left side, and was kept down by one holding my head—Lawson held my right arm back, while Hall tore open my coat—I struggled all I could—Hall stood between my legs, tore open my coat, and took half-a-crown and 2s. 6d. from my waistcoat pocket, and a knife, a cork-screw, and a small box of steel pens from my trowsers pocket—they left the room—I followed them and called "Police"—nobody came, and I went to the station-house—a policeman went back with me to the house—I found Lawson and another woman there—I could not identify the other, but I gave Lawson in charge—in going to the station-house she said she had not got my property, but Woolwich Ann had, and she was gone to Walker's, in Albion-street—we went there and found Hall in bed with a man there—I saw the constable find my knife, cork-screw, and box of steel pens in that room by the side of the bed—I was perfectly sober.
Margaret Hall. He went into the house with me and gave me 1s. 6d.—he was with me there a considerable time—the woman came and said the room was wanted, and he went away; he came back in two hours and said I had robbed him—I said, here are some things he had left here and I should keep them, supposing he was gone—I had been drinking all night.
SAMUEL LEWIS . I am a policeman. The prosecutor came to me on the morning of the 18th of March, about a quarter to three o'clock—he was quite sober—he complained of being robbed—I went with him to the house, and took Lawson—she denied having been in the room with him at all—I searched for his property, but I could find nothing—I took her to the station-house, and she said it was Woolwich Ann had been with him—she was quite sober, and in her bed-dress.
SAMUEL HOOD . I am a policeman. I apprehended Hall between four and five o'clock in the morning, in Albion-street, in bed with a man—I found a cork-screw and box of steel pens near the bed, and a knife on the mantel-piece—while I was searching she ran down stairs into a neighbour's house four or five doors off—when I took her she denied the robbery, and said
would the prosecutor be satisfied with his property back—I said I should not allow that.
Lawson's Defence. It is false, I never was in the room.
LAWSON— GUILTY . Aged 35.
HALL— GUILTY . Aged 25.
Of the Robbery without violence.
Transported to Fifteen Years.
1153. CATHERINE M'GINN was indicted for stealing, on the 15th of March, 1 cash-box, value 3s.; 3 sovereigns, 4 half-crowns, 7 shillings 4 sixpences, 1 bill of exchange, value 40l. 9s. 3d.; 1 other bill of exchange, value 61l. 8s. 2d.; and 1 other bill of exchange, value 19l. 12s.; the property of Ebenezer Fox, her master, in his dwelling-house.
EBENEZER FOX . I am a colourman, and live at No. 50, Old Compton-street. At the time in question I lived in Frith-street, in the parish of St. Ann Westminster—the prisoner was my servant of all work for between two and three months—on Sunday the 15th of March I Vent out about half-past six o'clock, leaving my cash-box in a drawer in my bed-room—she had access to the room, and had seen me every evening take my cash-box up stairs—it contained 3 sovereigns, 19 shillings, in silver, a bill for 61l. 8s., one for 40l. 9s., one for 19l. 10s., a great number of papers, and a 1l. forged note—I saw them safe on Saturday night about twelve o'clock—the drawer was not looked, but the box was—I went out at half-past six o'clock—came back about half-past eight, and met Hawkins at my door—in consequence of what he said I went up stairs and called the prisoner down—she was up in her bed-room—I asked her what she bad been doing—she said, "Oh, Mr. Fox, I have broke open your tin box"—I asked what she bad done with the papers and contents—she said, "Come up stairs, I will show you; the devil tempted me at the moment, and you can do what you like with me"—I went up and found the cash-box replaced, but broken open, and all the contents, except 1 half-crown in it—the forged note was not there.
RICHARD HAWKINGS . I am a porter, and live in Phoenix-street, St. Giles's—I have known the prisoner about two months. On Sunday night she came to my lodging at a quarter before seven o'clock, and wished me to go to the London and Birmingham railway with her, as she expected to meet her cousin there—I went with her, as I was to carry her box, but we did not meet him there—while we were waiting for the train coming in she shook some silver from her bosom—I saw her pick up two or three shillings—when we were coming away she showed me a Bank-note, with "forged" printed on it in four, different places—We afterwards went into a coffee-shop—she had a good many papers there—one was respecting two houses near Bridport-street, Marylebone—we left the coffee-shop—she made a full stop, and said the devil a foot further would she go towards her master's house—I asked her for what reason, and she told me and my wife that she had broken open her master's tin-box—I walked on, and she walked with my wife—I went right up to Mr. Fox's house—he was coming in with his family from church, and I told him this.
MR. FOX re-examined. That paper was in my box—I have found all my property, except one half-crown—two shillings were found on her afterwards.
GUILTY. Aged 18.—Of Stealing under the value of 5l.—Recommended to mercy by the Jury and Prosecutor. — Confined Eight Months; the last Month Solitary.
1154. IGNATIUS BRATHWAITE was indicted for a robbery, on the 29th of February, on Mary Neate, taking from her person and against her will, 1 bag, value 1s.; 1 brooch, value 2l.; 1 key, value 4d.; 1 handkerchief, value 6d.; 1 sovereign, 1 half-sovereign, 5 half-crowns, and 1 halfpenny, her property; and immediately before, at the time of, and after the said robbery, striking, beating, and using other personal violence to her.
MARY NEATE . I live in Boston-street, Regent's-park. On a Saturday, early in March, I was returning from Portman-square, going up Baker-street, close to the wall—the chapel clock struck five when I was in Portman-square—I had a reticule in my hand, twisted round my arm, and the cord round my two fingers—a man threw his person upon me, almost felled me to the ground, and dragged at my reticule two of three times—he could not get it off, as he would have broken my arm if he did—it was a new reticule, with a yellow silk cord—his hat was over his face—I could not recognise his face—a woman was standing by the chapel—I called out, "Come and help me there," A thief—she stood like a statue, and never moved—he afterwards joined that woman—he did not leave me when I called out, but he squeezed my throat, and pressed me against the iron railing of the empty house which he attacked me at—I said, "Help, help!"—he said, "I will help you, if you will give me your bag"—I said, "Will I give you the bag? You shall try hard for it first"—he squeezed me almost to death, 1 have never had a day's health since—my arms have been black and blue for six weeks—I was full half-an-hour struggling with him, and not an omnibus or any thing passing all the time—nobody came to my assistance—it is most extraordinary—he took my reticule, with all the contents, from roe, and ran off with it—he snapped the cord, and all my fingers were cut, and my hand cut, as if it was with a knife—here is the mark now—he disabled me so, he got my reticule at last—there was a crimson silk purse in it, one sovereign of George the Fourth, quite a new half-sovereign of Queen Victoria, and, I think, five half-crowns—I had changed a sovereign in the morning, to buy some tea—there was also an emerald brooch in the bag, with a pearl, a large key of the house, and a pocket-handkerchief—I got up to Fin lay's public-house, and I saw him go up Adam-street with the woman—she opened the door of a house without knocking, and went in, and presently I saw the reticule thrown up in the air—he threw it into some house he was acquainted with—I do not know where it fell—I lost sight of it, but did not lose sight of him—I could not speak, I was so disabled—I saw Webster, the witness, and said, "Be so kind as to run after that man and woman, and say he has got my reticule"—I pointed the prisoner out to Webster—I continued on that side till a policeman came up to me, and said, "Make haste up, a young carpenter has secured the man"—I had not lost sight of him—I saw the carpenter take him—I saw him scuffle with him, and beating him, and trying to get away from him.
Prisoner. She said at the office, it was a man with a long brown coat, and that the man spoke to a tall woman, and that the man's hat was over his face. Witness. I never had my eyes off the man—you are the man that went to the house.
ELIZABETH CHRISTIAN WEBSTER . I am fifteen years old, and live in Bullard's-court—I was coming down Baker-street with my father, and saw the prosecutrix—I saw a man knock her down—she fell by the iron railing, and he took a bag from her—he then ran down Adam-street as fast as he could run—I do not know how long it was from the time of his going up to her to his taking her bag—it was a little while—I was on the opposite side—they appeared to struggle for a little time—I did not see him stopped—I did not see his face, and could not swear to him—I did not see any tall woman near.
JOHN JOSEPH WEBSTER . I am the father of the last witness. I was walking with her, and saw a man struggling with the prosecutrix—after he took the bag be ran down Adam-street—I did not see him stopped—I did not see a tall woman there—it was gas light—I did not see his face, and could not swear to the prisoner.
WALTER READ . I am a carpenter. I was coming down Adam-street from my work, and heard the cry of "Stop thief"—I saw a man running at full chase down the middle of the road—there was nobody in the street but him that I could see—I flew at his collar, and stopped him—the prisoner is the man I am quite sure—I held him till the policeman got him—he said, "What have I done? Let me go, I have done nothing," and began wrestling with me—the prosecutrix came up after I had him a little while; but some children ran up first, and said he had stolen a bag—the lady then came up, and said all she wanted was her bag, and the money would not do him any good, and soon after the policeman came—the prisoner said to me, "Search me, I have done nothing"—he was not searched in the street—I delivered him to Macdonell, the policeman—there was nobody running but him, that I could see, but it was a dark night.
EDWARD MACDONELL . I am a policeman. I took the prisoner into custody—he was in a crowd among several people—Read had not hold of him when I came up—he was standing in the crowd—Read pointed him put as the man—I asked the lady if she would charge him with the robbery—she said, no, she would sooner lose the property than give him in charge, and wished to let him go—he was willing to go to the station-house to be searched—she said she would not go to the station-house, but if he had the bag to give it up, that was all she wanted—I let him go, as there was nobody to charge him, and she would not give her name or address, or any thing—about twenty minutes afterwards, as I was going round my beat, I saw him going along Adam-street—he looked down the different areas, knocked at No. 25, and went down with the lady of the house to see if the bag was there which a lady had dropped—I saw him in the area, and when he came up to the door I asked what he wanted there—he said, "A little girl told me a lady had dropped a bag down the area, I have come to inquire for it"—I said, "You are the man I have seen tonight before"—he said, "No, you have not seen me before"—I took him—Tread well brought a bag with its contents to the station-house—the inspector delivered it to me in his presence.
street East, on Saturday, the 29th of February, as near wren o'clock as possible, between seven o'clock and half-past—I delivered it to the inspector, and saw him deliver it to Macdonell—the house No. 16 is on the same side as the chapel.
MARY NEATE re-examined. That is the bag I lost, and here is my purse in it—here are only five half-crowns in it—the sovereign and half-sovereign is not here—this is ray handkerchief, but it was quite a clean one—it was not even used—it is full of snuff or something now—it has my name on it—that key is mine—the strings of the bag are broken, and it is quite new and clean—every thing was new—this latch-key could not have been in it at the time it was thrown up in the air—I never was in that street before—I cannot tell the number of the house I saw the woman go into—they both ran on the left-hand side, the same side as the chapel, and they went into a house there—I begged, of the policeman not to give him out of custody that night, but it was impossible for me to go to the station-house that night.
Prisoner's Defence. The lady said it happened at five o'clock, and she was attacked in the street; there would be somebody certainly to render her assistance at that time.
GUILTY . Aged 65.— Transported for Life.
(There was another indictment against the prisoner.)
1155. DANIEL HARLEY was indicted for feloniously breaking and entering the dwelling-house of Thomas Godby, on the 29th of March, at St. Andrew, Holborn, and stealing therein, 13 coats, value 14l.; 9 pairs of trowsers, value 4l.; 6 waistcoats, value 1l. 10s.; 1 pair of boots, value 5s.; 1 pair of shoes, value 2s.; and 2 bags, Value 3s.; his goods.
THOMAS GODBY . I am a tailor and clothes-salesman, and live at Nos. 36 and 37, Brook-street, Holborn, in the parish of St. Andrew, Holborn. On Sunday, the 29th of March, about six o'clock in the, evening, I was in my back parlour, and saw a bag hanging there—it contained the articles stated, which are worth altogether about 20l.—it is a bag Which I use in my business—I buy clothes—I bad been out the day before—about nine o'clock there came a ring at the bell, my niece went to open the door, and discovered a light in the back parlour—in consequence of that I went into the back parlour, and missed the bag—the door was left open into the passage—if they had gone out of the back parlour by that door, they would have got out of the front door—the front door was shut, they could not have got in by any other means except by keys—there was, nobody in the back parlour when I went in—I found my bag in the course of the same night—the policeman came to ask me about It—there was a candle burning in the back parlour when I went In—there Were two candles left on the Saturday night, and they had lit one of them—It was not lighted when I left my bag there.
JOHN CALLOW (police-constable G 72.) I was on duty on Sunday night, the 29th of March, from eight to a quarter-past eight o'clock, I saw the prisoner in Fox-court, Gray's Inn-lane, not more than two hundred yards from the prosecutor's house—he was going towards Gray's Inn-lane, in a direction from the prosecutor's house—he had the bag with him—I stopped him, took him into a public-house there, left the bag in custody of the landlord, and took him to the station-house—I asked him what he had there when I stopped him—he said he did not know—I asked where he got it from—he said a man had given it to him, and promised him 6d.
for carrying it into Gray's Inn-lane—I stopped a minute or two, to see if the man would come past, but no man made his appearance—in going to the station-house I heard something thing in his pocket—I put my hand in, and said, "Have you keys here?"—he said, "Yes, I have," and I took ten skeleton-keys out of his pocket—(producing them)—I have tried them to Mr. Godby's door, and one of them will open it—I afterwards took the bag to the station-house, and produce it.
SOPHIA TRING . I am the prosecutor's niece, and live with him. I called my uncle, and went into the back-parlour—one of the candles was lighted—it appeared to have been lighted some time—it was almost burnt out, and had a very long snuff—it had been a large-sized candle—I do not think it was a mould—it was much shorter than the other—it was about nine o'clock, or a little after, when I discovered it.
Prisoner's Defence. I was passing down Brook-street on the Sunday evening, and saw a man carrying the bag; be asked me whether I wanted a job, to earn 6d. I said I did; he threw the bag over my shoulder, and said if I would carry it to Gray's Inn-lane for him he would give me 6d. I was going off with it, when he said, "Stop, you may as well carry these with you;" and he put something into my pocket, but I did not know what it was at the time. The policeman called me, and asked what I had there; I said, "I don't know." The person who gave me the things must have gone away, when he found the policeman stopped me.
GUILTY . Aged 22.— Transported for Fifteen Years.
1156. DANIEL M'FADDIN was indicted for unlawfully, maliciously, and feloniously assaulting James Doran, on the 30th of March, and stabbing and wounding him on his left hand, with intent to do him some grievous bodily harm.
JMAES DORAN . I work on the river Thames, to get ballast Last Monday night week I was at the Phoenix public-house, drinking—the prisoner came in between eight and nine o'clock—I had been there about two hours then—some words passed between the prisoner and a man named Franklin about sparring, and they did spar—I do not think they hurt each other—they seemed to be joking—I asked the prisoner to spar with me, and threw off my jacket on the table—he refused to do so, and I believe I gave him some abusive language—I was not drunk, and I cannot say I was quite sober—I could just recollect what passed—I called him some names, and said, "Why not call for some beer, instead of making a disturbance?"—I was leaning on the partition that divided the two boxes in the tap-room—a few moments afterwards, as he was leaving the tap-room he gave me a kick in the * * * * and went out—he did not hurt me much—I staid some few moments, and then went out to go home to my lodging, which is about thirty yards from the public-house—the prisoner met me, and came across the street towards me—he asked me to fight, or spar—I said I would not, and told him to go home to his wife, a scoundrel, or words to that effect—he then gave me another kick in the same place as before—I said, why should he kick me so, if he did it again I should give him in charge—he then made a plunge with his hand towards me—I put up my hand to prevent it, and something cut my finger or thumb, but I saw nothing in his hand—he then went away—it was a slight cut, such as a knife would make—a surgeon saw the cut at the Thames police-office—I never struck the prisoner at all.
Prisoner. Q. Was not your wife close by you? A. Yes; and your wife was close by you—I did not make a hit at you in the tap-room—my hand was not cut in the tap room, but in the street.
GEORGE BETSON . I am a surgeon. I saw the prosecutor's hand—it was a punctured wound—I consider such as a sharp-pointed instrument would inflict, such as a bayonet or the point of a knife—it was not a serious wound.
JOSEPH MEASURES . I saw a quarrel between two men in the Phoenix public-house—I saw one man kick at and strike at the other—I cannot say whether he hit him—I did not see the other strike at him—I saw a man's hand bleed, but whether it was one of the two men I do not know.
JAMES DOWLING . I saw Doran and the prisoner together in the tap-room—I did not see the prisoner kick him—when I went in, the prisoner was sitting on a table, and Doran stood about six feet from him in his shirt sleeves—as I opened the door the prisoner went out into the street, and Doran followed him in three or four minutes—I did not see him kick at his belly as he went out—I did not say so before the Magistrate—I said I was sitting in the bar-parlour, and heard a rush through the passage, and heard the prisoner say, "If you will come into the street I will fight you"—I afterwards saw Doran return with blood on his hand.
Prisoner. Q. Did you not hear me cry out murder? A. I did not—you said, "Open the door, let me in"—I shoved the door in that you should not break the glass.
JAMES ABBOTT . I was at the public-house that evening with three more men—I saw the prisoner go out, and make a kick at Doran as he went out, but I could not see whether he hit him—he came back, and asked Doran whether he would fight him—Doran told him to come inside, and he would fight him, but not outside—Doran went out after him in two or three minutes, and came back in two three minutes with his hand cut.
Prisoner. Q. Did you see any body sparring at me at first? A. Yes—you hit a man across the breast, then Doran got up and said he would try you—he took his jacket off, but never struck you—I did not see any knife in your hand—I did not hear any man ask for a knife—I saw a pint pot in your hand when Doran came in—I saw nobody strike you—he squared at you—I was quite sober.
JOHN FRANKLIN . I was sparring with the prisoner at first—another man bid me sit down, which I did—Doran got up and said, "You scoundrel, I will spar you"—the prisoner said he would not—Doran still aggravated him and asked him to spar him—he said he would not—Doran then called him a robber and a scoundrel—the prisoner then went over to him, caught him by the arm, and said, "Will you make it up?"——Doran said, "You scoundrel, I will not make it up"—the prisoner walked out, and made a kick at Doran as he went out—I had seen Doran hold his hand up to him before that, and the prisoner said he would stab him if he came near him—I did not see any thing in his hand at that time—Doran did not follow the prisoner out—the prisoner came in again, and made another kick at him, but did not reach him, and Doran said he would give him in charge—Doran then went out, and came in with his hand bleeding.
Prisoner. Q. Do you recollect the publican trying to force the door in? A. No—I closed the door, but said nothing to you—I did not call you a b——Orange b——, the name was not mentioned in the house
that night—you were not out of the house more than two minutes—there was a man named Bryan there—he was not there five minutes—Doran went out of the house, but not to hit you—he said, as he went out, that he would give you in charge.
CHARLES PILCHAR . I am a policeman. I went with Doran to take the prisoner at his house—he said the prisoner was the man that cut him—the prisoner said he knew nothing about it, but that Doran had broken some glass at the public-house, and must have cut himself then—Doran said, "No, you cut me with some sharp instrument"—I searched the prisoner's pockets, and the house, but found no knife.
(The prisoner, in a long address, stated that Doran had endeavoured to provoke him to fight, used very scurrilous language, and struck him; and he supposed, in avoiding the blows, he had cut him with a knife which he had in his hand.)
NOT GUILTY .
Fourth Jury, Before Mr. Recorder.
1157. MARY HARRINGTON was indicted for burglariously breaking and entering the dwelling-house of Margaret Whitehand, on the 29th of March, at St. Giles-in-the-Fields, about eleven in the night, and stealing therein 1 bed, value 5s.; 1 bolster, value 1s.; 1 sheet, value 1s.; 1 quilt, value 3s.; 1 bonnet, value 1s.; 2 caps, value 6d.; 1 saucepan, value 1s.; 1 apron, value 1s.; 1 tea-pot, value 6d.; and 5 plates, value 3d.; her property: and that the had been before convicted of felony
MARGARET WHITEHAND . I am a widow, and live in Church-lane, St. Giles-in-the-Fields. On the 29th of March I went out about seven o'clock—I returned between ten and eleven o'clock at night, and found the prisoner in my room—the staple of the door had been drawn—I had left it padlocked, and had the key—I do not know how the door was after seven o'clock—the padlock was forced off the door—it is a lodging-house—I have a separate room—the landlord does not live in the house.
ANN GUMMER . I am the wife of William Gummer, and live in Buckeridge-street, the next street to the prosecutrix. On the night of the 29th of March the prisoner brought a bundle to me about ten o'clock, or a little after—I believe it was an apron and two caps—she said she had quarreled with her husband—about a quarter of an hour after she brought a bolster, quilt, and saucepan, begging me to take care of them till the morning.
ROBERT LAY (police-constable E 44.) I was called to the prosecutrix about eleven o'clock, and found the prisoner lying on a bed a little way from the door—the padlock was forced off, and the staple drawn—some things produced by Gummer were returned to the prosecutrix—I produce the saucepan and quilt.
Prisoner's Defence. I was in liquor, and thought I was in my own room.
RICHARD COOPER . (police-constable E 46.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—the prisoner is the person named in that certificate—I was present at the trial—(read.)
GUILTY. Aged 18.—Of Breaking and Entering, but not of Burglary.
Transported for Ten Years.
about eleven o'clock in the night, and stealing therein 5 lbs. weight of cigars, value 5l., his goods.
ALFRED BROTHERTON . I keep a tobacco-shop in Bishopsgate-street. On Saturday, the 7th of March, about half-past eleven o'clock at night, I went into my shop, and noticed some cigars in disorder in the window, and a pane of glass broken—there was a hole large enough to admit a man's arm—I missed five bundles of cigars, worth about 5l.—while I was closing my shutters the policeman came up.
Cross-examined by MR. PAYNE. Q. How long was that after you discovered your loss? A. About five minutes—the hole was large enough to admit two arms—my house is in Bishopsgate-without—there is from 100 to 136 cigars in a bundle—they would fetch from 4l., to 5l.
JOHN WELCH . I am a copper-plate printer, and live in Skinner-street. On the 7th of March I was passing the prosecutor's shop on my way home, from half-past eleven to twelve o'clock, and saw the prisoner in company with another young man—in a moment or two after I passed I saw him taking some cigars out of a hole in the window—he gave them to the other young man, who went away to the Wellington public-house in Shoreditch—I followed, and when I got to Worship-street the young man dropped some—I picked up some of them—I afterwards showed the policeman the spot, and he found one there—as I went in at the door of the Wellington public-house the other man came out—I afterwards met him outside with the prisoner—he bad nothing in his hands when he came out—he had taken them fn there—he escaped—I went back to the public-house again afterwards, and found the prisoner there—he was secured.
Cross-examined. Q. Had you ever seen the prisoner before? A. Never—it was the second time I went into the public-house that I saw the prisoner when I went to search for him—I pointed him out—I lived at No. 69 at that time—I was not in constant employ—I am in a constant situation now—I followed the other man, to see where he was going to take them—I meant to give information to the police, and have nothing to do with it myself—I gave the prisoner in charge about ten minutes after I saw him at the window—I showed the policeman the hole—the policeman took up somebody else on my information—the Magistrate told the policeman to make inquiries about me—I do not know whether it was before or after that, that Re said he would admit the parties to bail—I have lived at No. 69, Skinner-street, two or three months, it is my aunt's—I do not live there without paying her rent—I owe her a trifle—I stopped there a fortnight—I told her I could not pay her any more, as I had been on the fly all that week—I meant, I had had a drop too much—I was under a promise to pay her next Wednesday—I meant to pay her out of my wages—I do not sing or fight at public-houses, nothing of the sort—I have not been about to public-houses at sixpence a night—it was only when I was out late that I went to public-houses—if I was out half-an-hour too late I should be locked out of my lodgings—I have worked for the last seven months for Mr. Bellamy—I left him last Saturday four weeks—I boarded at my aunt's, and slept at Long-alley.
HENRY KINDNEY (police-constable G 6.) I met Welch between eleven and twelve o'clock on Saturday night, the 7th of March, at the corner of Worship-street, and in consequence of what he said I went with him to the prosecutor's shop, which was partly shut—we then went to the Wellington
public-house, which is about two hundred and fifty yards from the prosecutor's, and found the prisoner there—Welch pointed him out, and I took him—I told him I wanted him—he asked what for—I said, "For stealing some cigars"—he said, "Any person like Welch might come and charge a person with a similar offence"—I found on him 3s. 9 1/2 d.—Welch pointed out the place where some cigars had been dropped, and I picked up one in the road.
Cross-examined. Q. How was Welch dressed? A. As he is now—he did not look very smart—the landlord of the public-house is dead.
WILLIAM ANTHONY . I am a private watchman in Spital-square. On Saturday, the 7th of March, a little before twelve o'clock, I was on duty in Spital-square, and picked up a bundle of cigars, which I delivered to the prosecutor three or four days afterwards.
GUILTY of Stealing only. Aged 20.— Confined Six Months.
1159. MARY REAGAN was indicted for stealing, on the 22nd of March 1 1/2 pint of brandy, value 2s.; 4 bottles, value 1s.; 1 wine-glass, value 10d.; 9 cheroots, value 1s. 6d.; and 1 eye-glass, value 3d.; the goods of Henry Flagg, her master.
HENRY FLAGG . I keep the Flying Horse public-house, in Oxford-street. The prisoner was in my service for a month—I missed a dram-glass while she was with me, and I suspected brandy was gone—I complained to the prisoner of missing the glass, and said I thought it was up stairs, if she would go and look she might find it—I noticed the brandy-cock in the bar dripping, so as to be convinced somebody had used it—that was on Sunday morning, and I had no customers that morning—I told the prisoner I thought she had been doing something wrong—she said she did not know that she had—I said, "I suspect you have been drawing the brandy"—she said she had not—I insisted on seeing her box opened, saying, "There is also a dram-glass missing; I suspect you have that"—she walked up stairs with me—she did not give me the key at first—she dared me to unlock it except in the presence of the police—I said, "Allow me to unlock it, and you shall open it," which she did, and the first thing I saw was the glass, a soda-water bottle with some brandy in it, a port-bottle, a sherry-bottle, and some cheroots—I can identify the glass, because I have half-a-dozen of this pattern, and this corresponds with them—the brandy I know to be mine by trying it by an instrument, and it is the same sort as that I have—I believe it is part of my brandy—I would not swear to the cheroots, but I believe them to be mine—I believe the empty bottles are mine, I had such.
Cross-examined by MR. PHILLIPS. Q. I suppose you missed the glass? A. Yes; my wife told me she missed it—we both missed it—I told the Magistrate so—I have no mark on the glass—I should not have known it if I had seen it any where else—the prisoner said I might see her box, for she had nothing in it belonging to me—she tried to open it, and I said, "Give me the key"—it was then that she said I dared not open it without a policeman—she said she had had the brandy some time; she had it when she had the fever—it is the same strength as the brandy I had down stairs—there is nothing very peculiar in it—it was rather strong—I will not swear to it, but I verily believe it is mine—I dare say there is a great deal of the same strength in London—there was a label on the bottle, and here
is a mark on it where it was—I would not swear to the empty bottles—I can swear to this eye-glass from its being broken right across—I have had it two years—it is starred, and a small bit is broken out of the centre—it is of no value—I had property of value in my house—the policeman searched her trunk all over in my presence, bat found nothing but these things—the prisoner had no opportunity of going to her trunk before I examined her—she complained that my wife had been at her box a few days before.
COURT. Q. Did this instrument you speak of enable you to ascertain the strength of the brandy exactly? A. Yes—there was not more difference than there would be in a small quantity separated from a larger—when put into an empty bottle it would of course lower the strength very trifling, but there was not half or quarter of a cent difference—she said she was taking care of the bottles for her sister—I believe she his a sister—these cheroots are exactly such as I deal in.
JAMES SHEEN . I am a policeman. I opened the box with a key which Mr. Flagg gave me, and found these articles—the prisoner said they were her own, that Mr. Flagg dared not do any thing to her, and he ought to have had me in before he looked into her box—this eye-glass was found on her at the station-house—she said she had picked it up.
NOT GUILTY .
JACOB NATHANIEL BARLIN . I am in partnership with David Barlin, in St. John-street, Smithfield—we are cigar and tobacco-manufacturers—the prisoner was our errand-boy. On Friday, the 13th of March, I gave instructions to inspector Shackell to watch the prisoner on his leaving the manufactory—on Saturday morning I heard he was in custody, and Shackell produced about seventeen cigars to me—it would be quite impossible for me to swear that they were made by us.
Cross-examined by MR. PHILLIPS. Q. Where had you the prisoner from? A. I really cannot say, but we had a very good character with him.
JOSEPH SHACKELL . I am an inspector of the G division. In consequence of information I received on the 13th of March, I went to the prosecutor's shop, and watched the prisoner—he left work at eight o'clock that night—I followed him to the corner of Charter-house-lane, where he met another person—I went up to him, and asked what he had about him—he said, "Nothing"—I then commenced searching him, and as soon as I commenced searching his jacket he put his two hands into his trowsers pocket, and commenced breaking up some cigars, as I supposed—he appeared to be moving his hands—I found as many cigars as I could hold in my hand in his side jacket pocket—the man he met ran away—the prisoner then showed great resistance, and tried to get away from me—I found the remainder of several cigars in his trowsers, pockets broken—I again asked him where he got those cigars which I found in his jacket pocket—he said he had found them—I then asked him again, "Now, where have you got these cigars?"—he then said he had purchased them—the prosecutor's brother came up to the prisoner, and said he was a pretty fellow for robbing him, and wanted to know how many times he had done so—he said it was
the first time, and he hoped he would forgive him—I took him to the station-house, and he said there it was the first time he had robbed Mr. Barlin, but he had taken them from the shop, and hoped he would be as Ienient as possible—I afterwards compared the cigars and fragments. I found on the prisoner with those on the premises, and they appeared the same—cigars are much alike.
Cross-examined. Q. The prisoner said he had robbed him, did he? A. He did—I told the Magistrate so—I believe he used the word robbed—I will not swear it—I am certain he said they were Mr. Berlin's cigars, and he had taken them, add to the beet of my belief he used the word robbed—I think he did—I will not swear ft positively—I found seventeen whole cigars on him besides the broken ones.
MR. PHILLIPS to MR. BARLIN. Q. Were you in the habit of allowing your young men to smoke cigars? A. All our workmen are generally allowed a trifle to smoke—we have about fifty—with lads we do not consider it necessary, but after the prisoner was taken up the shopman told me he had allowed him a couple on a Saturday night.
(The prisoner received a good character.)
GUILTY. Aged 18.—Recommended to mercy. — Confined Two Months.
EDWARD GRIFFITHS . I am shopman to George Albert Chapman, a linen-draper, in Great Russell-street. On the afternoon of the 23rd of March, towards six o'clock, the prisoner came to the shop, and was served by another man—while he was serving her I saw her take from a pile of goods this piece of linen, and put it under her shawl under her arm—I went to her, sent him away, and undertook to serve her—she did not buy any thing—she went out—I followed, brought her back, and found the linen under her arm—it is my master's property—it is worth 8s. 6d.—she said she would pay for it—I saw a yard and half of mouselin de laine produced by the policeman afterwards, which belonged to my master, and which I had seen safe an hour before the prisoner came in.
Cross-examined by MR. PAYNE. Q. What is the linen? A. Russia sheeting—it is linen cloth—she did not appear tipsy nor excited that I am aware of—I overtook her about a yard from the door—she took it off the pile in the middle of the shop.
JAMES M'CORMACK (police-constable E 59.) I received the prisoner in charge with the linen—she was searched at the station-house by a female, who gave me a piece of mouselin de laine—the prisoner said she had bought that.
(The prisoner received a good character.)
GUILTY. Aged 40.—Recommended to mercy. — Confined One Month.
NEW COURT.—Friday, April 10th, 1840.
Fifth Jury, Before Mr. Common Sergeant.
GUILTY . Aged 17.— Confined Ten Days.
JAMES VINE . I live in High-street, Islington, On the 26th of March, in the evening, I was called out, and saw the prisoner about 500 yards off running with this glass in his hand, which was taken from my shop—I pursued him, and a gentleman took him in the City-road—the glass was dropped on the road—I am certain it in the glass I saw in his hand.
Prisoners Defence. I never saw it, and never had it.
GUILTY.* Aged 18.—Recommended to mercy.
Confined Three Months.
The HON. MR. SCARLETT and MR. JERNINGHAM conducted the Prosecution,
MATILDA CHILD . I assist in the shop of Mr. Bingham, a pork butcher. On the 3rd of March the prisoner came fir a quarter of a pound of butter, between seven and eight o'clock in the evening—it came to 3d.—he gave me a half-crown—I examined it, and it was bad—I gave it to Mrs. Bingham.
Prisoner. Q. How was the person dressed? A. As you are now, with a light coat—I am sure you are the person.
MARY BINGHAM . I am the wife of George Bingham, who lives in Water-lane. On the 3rd of March I saw the prisoner there, and Miss Child gave me a half-crown—the prisoner wanted it back again—I would not give it him—I put it on a shelf, as I did not see a policeman for twenty minutes or half-an-hour—I then called him over—he marked it and I marked it—I put it back on the shelf, and kept it there till the prisoner was taken—the policeman then called, and I gave him the half-crown—I had an opportunity of seeing the prisoner so as to know him—he is the man—he was dressed as he is now.
Prisoner. Q. How was I dressed? A. You had a great-coat on, as you have now—I cannot tell whether you had a flannel jacket under it, I was so irritated about your wanting the half-crown.
MARIA HUNT . I am the daughter of Thomas Hunt, who keeps a public-house in Salisbury-square. On the 14th of March, about half-past seven o'clock, the prisoner came and called for a pint of beer—he gave me a bad half-crown—I told him it was bad—I took it to my father—he brought it out and gave it back to the prisoner, who put it in his mouth and tried to swallow it—my father had marked it and bent it a little—we sent for a policeman, who came and asked the prisoner where the half-crown was—he found it was in his mouth, and we had to give him a knife to get it out—the prisoner was trying to swallow it, and he made resistance.
Prisoner. Q. When you went out of the bar, could not I have walked out? A. I suppose so.
—he said, "Yes"—I said, "Did you know it was bad?"—he said, "No"—I sent for the policeman—he asked him if ho had not the half-crown—he said, "No"—I assisted in holding his hands, while the policeman got his mouth open, and got it out—he resisted, and would not open his mouth—I had bent the half-crown before.
JOHN SPRING (City police-constable, No. 128.) I was sent for—I took the prisoner—I asked him where the half-crown was—he said he had not got it—I threw him across the counter and squeezed his throat till he was quite black in the face—the landlady lent me a knife—I got his mouth open, and the half-crown dropped out on the counter—I found 2 1/2 d. on him—the price of a pint of beer is 2d.
Prisoner's Defence. As to the first case, I never was near the place; I went to get the pint of beer, and did not know I had halfpence enough; when the landlord brought the half-crown back, I said, "I will soon see if it is bad;" I put ft in my mouth; the officer rushed in and seized me; I said I would give it him; he said no, he would hare it by force, and got it out of my mouth.
GUILTY . Aged 24.— Confined Six Months.
WILLIAM JAMES . I keep the Bell public-house, in York-street, Westminster. On the 19th of March the prisoners came, about half-past four o'clock in the afternoon, for a quartern of gin, and the man put a shilling on the counter—I examined it—it was bad—I put it into my pocket; where there was no other silver—they went out, and about half-past nine o'clock in the evening they came again, and called for a quartern of gin—the woman put down a shilling—I saw it was bad—I took it into my hand, and came round and fastened the door—I sent for a policeman, and gave them both into custody—I kept the first shilling in my pocket, and the second in my hand, till I got to the station-house.
Kelly. Q. Did you not say you knew me by a black eye? A. No—I knew you beside that—there was another man there.
Connor's Defence. I went to the prosecutor's house with two men; one of them gave me a shilling to pay for a quartern of gin, and that man was not taken.
Kelly's Defence. I never was in company with this woman at all—I was there ten minutes before any person came.
KELLY— GUILTY . Aged 40.
CONNOR— GUILTY . Aged 43.
Confined One Year.
SUSANNAH COOK . I am the wife of Henry Cook, a tobacconist, in Great Marlborough-street. On the 21st of March, about six o'clock, the prisoner came to the shop—she bought half-an-ounce of Paris snuff, which came to 6d.—she offered me a half-crown, which was a very bad one—I rung it and rubbed it—she said she had taken it at an artificial-flower shop.
and I came into the shop—I examined the half-crown—it was bad—I followed the prisoner out of the shop—she turned up Mortimer-street—there is an artificial flower-maker's, but she turned the contrary way—she said she had taken it in change for a sovereign—she was secured and after wards discharged—this is the half-crown—I marked it at the station-house.
DOROTHY TURNER . I am the wife of Peter Turner, of Dorrington-street, Clerkenwell—we sell butter. On the 24th of March the prisoner came, about nine o'clock in the evening, and asked for a penny egg—she gave me a sixpence—I looked at it, and told her it was bad—she said she did not know it, she would give give another—the second was also a bad one—she said she took them at a baker's in Lamb's Conduit-street—I gave the two sixpences to my husband—he brought them into the shop. and marked them in her presence—I said he ought to go to the shop she mentioned, and see if she had taken them there—he said he would—she said she was willing to go with him.
PETER TURNER . I received the two sixpences from my wife—I went out with the prisoner—she went in a contrary direction to Lamb's Conduit-street, and I gave her into custody—I gave the sixpences to the officer.
Prisoner's Defence. I did mot know they were bad.
GUILTY . Aged 22.— Judgment Respected.
HENRY PAYNE . I am a grocer, and live in Drury-lane. On the 26th of February the prisoner came to my shop for half-a-pound of seven penny sugar—I put it on the counter, and he put down a shilling, which I perceived to be bad—I asked him where he got it—he said from his mistress in Long Acre—I said I would accompany him there—he then said he did not live in Long Acre, but in a court—I gave him in charge—he was discharged.
JOSEPH SMITH . I live in Halton-street, Clare-market, with my son-in-law. On the 7th of March the prisoner came, between nine and ten o'clock at night, and called for a pint of porter—he gave me a shilling, which I put into the till, gave change, and he went away—my daughter went to the till soon after, add found one bad shilling, but there were other shillings there, and I could not distinguish the one the prisoner gave—between nine and ten o'clock in the evening, on the 10th of March, he came again, called for a pint of porter, and gave me a shilling—I knew him again, and am certain he is the man—I gave that shilling to my daughter.
ANN MAY . I am the witness's daughter. On the 7th of March I sew the prisoner give my father a shilling, which I saw him put into the till—I went to the till directly after, and saw a bad shilling lying on the top, and
two or three more shillings—I took the had shilling out, wrapped it in paper, and put it into my pocket—on the 10th of March I received an other shilling from my father—I gave that and the other one to my husband—I did not mix them.
JOSEPH COMPTON MAY . On the 10th of March my wife called me to the bar, and asked if the shilling she showed me was good—I saw directly it was a bad one—she then told me that she suspected the prisoner of passsing a bad shilling on the previous Saturday—the prisoner said he had not been there on the Saturday—I sent for an officer—I marked the last shilling with my own initials, and gave it him—I then received the other shilling from my wife—I marked that with her initials, and gave him that.
GUILTY . Aged 26.— Confined Six Months.
NOT GUILTY .
JAMES HAYWARD . I am an ironmonger. I have two shops; one of them is in Lawrence-lane, and the prisoner, who is my apprentice, managed that—I employed Mr. Stevens to go to that shop and make some purchases—I gave him a list of articles and some money—it was the prisoner's duty to make an entry in the book of all sales, in separate articles, and to bring me the money of the day's receipts—on the 1st of April he brought me 1l. 1s. 7 1/2 d. as the receipts of the day—the book, which is in his hand-writing, states that he had received 1l. 2s. 7 1/2 d., omitting 1s. for a pair of hinges that Stevens bought—here is the list of articles I gave to Stevens.
Cross-examined by MR. HORRY. Q. Did you not show this list to the prisoner? A. Yes—I asked if it was his writing—he said yes—it is the bill he made out—I said, "You have not put the articles down"—he said, "They are all down except the hinges"—the hinges are not in the account in the book; if they had it would have been 1l. 3s. 7 1/2 d.
WILLIAM STEVENS . I live in Thomas-street, Clerkenwell. On the 1st of April, between two and three o'clock in the afternoon, I went to the, prosecutor's shop, and saw the prisoner—I purchased two locks and several other things, amongst which was a pair of hinges—this paper contains the account—the whole came to 8s. 1d.—I paid him 8s. 6d., he would not take the 1d.—he did not enter these things in any book in my presence.
NOT GUILTY .
STEPHEN HAYMAN SWEETLAND . I am a baker, and live in Carnaby-street. The prisoner was my apprentice, and authorized to receive money from my customers, which he was to enter in the book in the evening, and pay it to me—if he received 2l. 3s. 3d. on the 2nd of March, he has not entered it or paid it to me—he absconded with it.
GUILTY . Aged 17.— Transported for Seven Years.
(The prosecutor stated that the prisoner had absconded twice before with cash.)
ELIZA MILLER . I am single, and live in Richmond-street, Edgeware-road. I was at work at Compton-place—I went out for some beer, and left my handkerchief in the garden, on a gooseberry-bush—I saw the prisoner outside the garden gate when I went out—when I returned my handkerchief was gone—I got a policeman and went after the prisoner—he took the handkerchief out of his pocket, and whipped it into the hedge—this is it—(looking at it.)
Prisoner's Defence. I bought this handkerchief of a man for 8d.
Witness for the Defence.
MARY KELLY . I have known the prisoner for ten years, he has been a hard-working boy—I was out that day looking for a day's work, and saw him buying the handkerchief of a woman on the bridge, just at the end of Aberdeen-place—I should know the woman again if I saw her—I said, how much my boy would have been like this boy if he had been alive, and I asked him how his mother was.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Three Months.
1172. JOHN BURTON and DAVID BARRY were indicted for stealing, on the 25th of March, 1 handkerchief, value 2s., the goods of Frederick Terry, from his person; and that they had each been before convicted of felony.
FREDERICK TERRY . I live in Bridge-street, Southwark. On the 25th of March; about four o'clock, I was passing through Thames-street—Mr. Morgan, who was in a wagon, called out to me that my pocket was picked—I turned, and the two prisoners were dose behind me, and no one else was so near to me as they were—I seized Burton, and, with the assistance of another person, we kept them till the policeman came—we found nothing on them, but my handkerchief was found in a house close to where I seized Barton—this is it—(produced.)
THOMAS MORGAN . I live in White Hart-street, Kennington. I was near Brewers' quay, in Thames-street, at near four o'clock that day—I saw the two prisoners following the prosecutor—I kept my eye on them, and Burton took the handkerchief from the prosecutor's pocket, wiped his nose with it, then down went the handkerchief, and I saw no more of it—Barry was close to him at the time—I had seen them for two or three minutes—they appeared to be acquainted.
JOHN JOHNSON . I was at Mr. Everett's door, and heard Morgan sing out to the prosecutor that he was robbed—he turned round and took Burton, and I laid hold of Barry—he made a desperate resistance, bit and kicked me, and tried to get away—the handkerchief was found in a house next door to where they were taken.
Barry's Defence. I was going to my mother at Billingsgate, to carry some fish home; I was behind this prisoner; he said, "Walk away from me;" I said, "I shan't," and then he picked the gentleman's pocket; the carman called out, and the witness took me; I was not with this prisoner two minutes.
Burton. I did not take it at all; I should be glad if you would put me in a Refuge.
WILLIAM BARATTON (City police-constable, No. 90.) I produce a certificate of Burton's former conviction, which I got from Mr. Clark's office—(read)—he is the same person who was tried in the name of Bowles.
(Ann Goodman, a lodging-house-keeper in Butler's-buildings; Catherine Clarke, of Church-lane, St. George's-in-the-East, gave Barry a good character; Mary Collins, the wife of a tailor in Bowles-yard, Whitechapel, and——Powell, Burton's grandmother, gave him a good character.)
BURTON*— GUILTY . Aged 13.
BARRY**— GUILTY . Aged 14.
Transported for Ten Years.
1173. WILLIAM PEVERELL was indicted for stealing, on the 18th of March, 1 1/2 bushel of oats, value 5s.; and 1 1/2 bushel of a certain mixture, consisting of oats and chaff, value 2s.; the goods of Thomas White, his master.
THOMAS WHITE . I am a farmer, living at Ruislip—the prisoner was my servant. It was his duty to take hay and straw to London—I live about twenty miles from London, fifteen from the end of Oxford-street—I allow no corn or chaff for the horses on the road, but a truss and half of hay—he had three horses to go to London on the 18th of March, with a load of hay and straw—I have seen a bushel and half of Oats produced, and a bushel and half of chaff and oats, which I believe to be mine—we have oats and chaff at home—he could mix them himself.
Cross-examined by MR. PAYNE. Q. Were these the same things that the horses eat at home? A. Yes—if the prisoner had authority to take it for the horses on the road, about half a peck would be the quantity for a horse on each Journey—he has lived with me more than eight years—he bore a good character, and has a large family.
WILLIAM TAYLOR (police-constable T 30.) I was on duty on the morning of the 19th of March, in the parish of Ealing—I observed the prisoner had a quantity of hay—I asked what he was going to do with it—he said his master allowed it him for the journey—I got on the cart, and found a sack containing a bushel and half of oats, and in the hind part a sack containing a bushel and half of oats and chaff mixed—he said it was allowed by his master for the journey.
(The prisoner received a good character.)
GUILTY. Aged 45.—Recommended to mercy by the Prosecutor. — Confined Four Months.
in Crawford-street. On the evening of the 23rd of March the prisoner came into the shop, and asked for a yard of ribbon—I served him, and after he had paid for it he turned round, took this roll of flannel, and carried it off—I screamed "Murder," ran to the door, cried "Stop thief," and in a few moments a girl brought the flannel into the shop—he had dropped it in the street—he was brought in afterwards within half an hour—I am sure he is the person.
THOMAS TARRETT . I live next door to the prosecutor. I was standing at my own door—I heard the cry of "Murder," and "Stop thief"—I ran to stop the prisoner, who had got the roll of flannel under his arm—he chucked it down—I almost fell over it—a gentleman followed him, and caught him.
Prisoner. Q. Did you keep sight of me? A. No.
GUILTY . Aged 22.— Confined Six Months.
JANE PINSENT . I am single, and am housekeeper to Mr. Burn, a victualler, in the Kingsland-road. On Friday afternoon, the 13th of March, I left a pair of gold ear-rings on the sideboard in the parlour—a policeman called about eleven o'clock that evening—I examined, and the ear-rings were gone—the prisoner had been there repairing a lamp and putting in a square of glass.
RICHARD ANDREWS (police-constable N 56.) On the 13th of March I received information that the prisoner had a pair of ear-rings—I made inquiries, and found them in the room where he lodged on Saturday, the 14th—these are them.
Prisoner's Defence. I had only been there two days; the ear-rings were not there when I mended the window; I never was in the room; I have a child lying dead at this time.
GUILTY . Aged 30.— Confined Nine Months.
1176. CHRISTOPHER FITZSIMMONS was indicted for stealing, on the 13th of March, 11 oz. weight of silk-twist, value 1l. 5s., the goods of James Fowler: and JOHN WILLIAMS , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
JAMES FOWLER . I am a tailor, and live at Tottenham. About twelve o'clock, on the 13th of March, when I came into the shop my nephew told me something—I went about a hundred yards towards Edmonton, when I saw the prisoners in conversation—I took Fitzsimmons by the collar, and asked where the twist was that he took from my shop—he denied it—Williams then ran off—I pursued him towards Scotland-green—he was stopped by a gentleman—I handed him to an officer—he was searched, and this silk twist found on him—it is mine, and is worth 25s.—I missed exactly this quantity, and know it.
Cross-examined. Q. How near to your shop did you see them? A. Within fifty yards, and within sight of my house—the twist was kept in a drawer—there is nothing extraordinary in the colour or the doing up—only in the pinning of them—we make it a regular practice, when we cut twist, to make a knot, and stick a pin.
in, and asked for some silk twist—I got out the drawer and showed him a ball—he said that would do—he asked the price—I said, "1 1/4 d."—he said, "You might as well say 1d. or 1 1/2 d."—I said I would cut off 1 1/2 d. worth—he then chucked the balls of twist up, and said they would do for a catch-ball—he chose another, and I cut him off a pennyworth of that, and wrapped them up—he paid for them and went out—I missed the exact quantity that was found—I called my uncle, and ran out—I saw the prisoners both together, about one hundred yards off, in the high-road—I could not see them from the door—they got behind a nook, and could not see our door.
Cross-examined by MR. PAYNE. Q. You and Fitzsimmons were in the shop all the time? A. Yes—I did not see him take any thing—Williams did not come in—I was close to the door.
Q. Who left the shop first? A. My uncle—he would see Williams before me.
JOHN FOWLER . I am a constable of Tottenham—I heard the cry of "Stop thief," and saw George Fowler scuffling with Fitzsimmons—I took him, and found the twist he bad purchased in his hand—I found 4s. 8d. on him.
(Fitzsimmons received a good character.)
FITZSIMMONS— GUILTY. Aged 23.—Recommended to mercy. — Confined Three Months.
WILLIAMS— NOT GUILTY .
1177. ELIZABETH FOWLER was indicted for stealing, on the 9th of March, at St. Martin-in-the-Fields, 1 snuff-box, value 1l. 4s.; 3 pencil-cases, value 16s.; 3 brooches, value 3l. 15s.; 2 buckles, value 2l.; 1 pair of ear-rings, value 3l.; 2 pairs of bracelets, value 2l.; 2 scent-bottles, value 1l.; 3 lockets, value 10s.; 1 neck-chain, value 5s.; 1 pencil, value 6d.; 1 tinder-case and steel, value 6d.; 1 sovereign, 1 half-sovereign, 1 half-crown, 1 shilling, 1 sixpence, 8 groats; 120l. and 35l. Bank-notes; the property of Richard Chadwick, her master, in his dwelling-house: and ANN FOWLER , for feloniously receiving the-same, well knowing them to have been stolen; against the Statute, &c.—3rd COUNT, charging Ann Fowler with receiving, comforting, harbouring, and maintaining the said Elizabeth Fowler.
RICHARD CHADWICK . I live in St. Martin's-lane, in the parish of St. Martin-in-the-Fields—it is my dwelling-house—the prisoner Elizabeth was in my service—I returned home on the 1st of March, and she was out—I had some suspicion, and examined a drawer, which was left open, but which was generally locked, and missed to green purse, containing a 20l. note, and three 5l. notes, and a box containing the jewellery stated—they were all gone—the purse is here, and I have traced a note, as being changed at Liverpool, where the prisoners were taken—I did not see that note at Liverpool—I went to the Bank of England, and found it had been paid in the day before—I have seen the property the officer found—this is the purse, it is mine, and this chain is mine.
house in a cab—my mother was at home—I observed something in my sister's cloak—I desired to see it, she would not allow me—she put half-a-crown into my baby's hand—I asked her again what she had got—she said "Never mind now"—I accompanied her to the door, and asked her again what she had got under her cloak—she said some new calico she had bought, and she put 6d. into my baby's hand—my mother went out with her, and said she would go part of the way home with her—I did not see either of them afterwards.
JONATHAN ANDERS . I am Inspector of the Liverpool police. On the 19th of March I apprehended the prisoner Ann Fowler, in Scotland-road, Liverpool—I took her down to the Commissioners' office, and inquired where she lived—she, said, "In Salop-place, Steward-street"—I went there, and was conducted by another daughter of hers to a room, where I found the younger prisoner in bed—I searched the room, and found this purse, which contained 2l. 17s. 6d., in a tea-caddy on a table—I found this small locket and this chain in the pocket of another sister, who was in bed with Elizabeth—she said, "My sister," meaning Elizabeth, "gave them to me"—I asked Elizabeth if she did not live with the prosecutor—she said, "No"—on our way to the Bride well she said she had lived there—in a box in the room I found this new wearing apparel—I found that the prisoner Ann had taken the room of the woman that kept the house, and in the room they had completely new furniture—I can give no other evidence concerning the prisoner Ann—the notes were paid in Liverpool by a travelling clerk.
ELIZABETH FOWLER— GUILTY. Aged 16.—Recommended to mercy. — Transported for Ten Years.
ANN FOWLER— NOT GUILTY .
1178. JOHN MAYOW was indicted for stealing, on the 29th of March, 1 purse, value 2s. 6d.; 3 sovereigns, 1 half-crown, 3 shillings, 3 sixpences, and 1 groat; the property of Jeremiah Weldon, from the person of Elizabeth Weldon.
ELIZABETH WELDON . I am the wife of Jeremiah Weldon, and live in Bath-place, Dalston. On the 29th of March I went to Hackney church with my two daughters—I saw three men, one of whom was the prisoner, come down from the gallery—they pushed against me in the body of the church and by the vestry—they were not passing out with the congregation—they came down and met me—I felt a touch at my pocket—I looked about, and saw the prisoner and another—I did not say any thing at that time, but looked at him—I felt another pressure—the prisoner and two others were then near me—we went on to the church gate, and there I felt some one touching my pocket—I turned, and saw the prisoner—I said, "What are you doing?"—he said, "I beg your pardon,'—I turned to my husband, and said, "This man has got his hand in my pocket"—he said, "If you say that, I will stop him"—I felt, and my parse was gone—it contained three sovereigns, some half-crowns, some shillings, and some sixpences—my husband went up to the prisoner, and took him to the station-house—in going along he said, "Pardon me, and I will give you money, any thing I have"—he offered me both gold and silver—he said,
"I will give you all I have," and his manner was very pressing—this is my purse—(looking at it.)
Cross-examined by MR. PAYNE. Q. Is there any thing particular about the purse? A. I know the rings and the ornaments at the bottom, and my daughter netted it—she is not here—I have had it more than a year in daily use—I swear it is mine—the three men came down a door opposite me, and came out with me—I went out at the middle door as they did—I passed down the path, and missed my purse at the gate—as soon as I said to my husband, "That man had his hand in my pocket," the prisoner walked off ahead he appeared agitated—he said it was a mistake, it was not him—my husband then took him towards the station-house—I said to him, in going, "You have got my purse, why not give it up?"—he said he would if he had it—he said, "Take this money; if I had a 20l. note I would give it you sooner than be disgraced; I am innocent."
CATHERINE WELDON . I reside with my mother. I was at church on this occasion—I saw some men come from under the gallery, but I did not notice the prisoner as one of them—I heard my mother say to the prisoner, "What are you doing?"—he begged her pardon—her pocket was open, as if a hand bad been in it—she felt, and her purse was gone—the prisoner had a cloak on at first—after he had gone away I saw him take the cloak off—I heard him say, "I am charged with stealing a lady's watch."
Cross-examined. Q. There were a considerable number of persons coming out? A. Yes—I was close behind my mother—there was only the prisoner between me and her—I have often seen the purse—this is it—(looking at it.)
LIEUT. BARTHON GEORGE WALTERHOUSE . I was coming out of church, and saw the prisoner, or a person very much like him, before me, put his foot very determinately on the ground, as if to secure something—he did not stoop to pick it up—I let the parties pass on, and kept my eyes on the spot—I went and picked up this purse, which was covered with, dust—I turned back and gave it to the Rev. Mr. Birch, the minister.
JURY. Q. Did the prisoner drop it? A. I cannot say.
Cross-examined. Q. You at first said he had a blue cloak? A. Yes, but it turned out it was a dark-coloured cloak—my eyes were on the prisoner—I cannot say whether Mrs. Weldon was between me and him—I do not think she was—I think he must have been to the left of Mrs. Weldon—he appeared on the left of all the party coming out.
BENJAMIN PRITCHARD . I am a police-inspector. I took the prisoner, and found 1l. 4s. 6d. on him—he said he was totally innocent, that he came from Clapham in Surrey, and was going to Cambridge—I asked how he came to be going there on Sunday, and having no bundle—he said he should chance it—he made several observations, and seemed to be almost fainting—I asked if he wished to write to his friends—he said he did not—this purse was brought me by order of the churchwarden—the money stated exactly corresponds with that in the purse—he said he was innocent, and begged pardon several times.
Cross-examined. Q. I believe you first took him for the lady's son? A. Yes—in the same breath that he asked for pardon, he said he was innocent.
MRS. WELDON re-examined. I distinctly felt some person pressing upon me at the church doors—I turned round, and saw the prisoner close
pressing on me at the same side as my pocket—I then missed my purse—my two daughters were close behind me—the prisoner was close to me.
GUILTY . Aged 19.— Transported for Ten Years.
SARAH ALEXANDER . I live in Brook Green-lane, Hammersmith. I asked the prisoner, on Sunday afternoon, the 30th of March, to take care of my place till the morning—when I came back I missed a petticoat and iron—I went down Hammersmith, and there I met her—I asked where they were, and she led me to the pawnbroker's—she was very saucy, and said she would get one out.
Prisoner's Defence. The prosecutrix went out, leaving me with not more than a penny worth of bread, and enough tea to make one cup; she did not return until Tuesday morning, at half-past one o'clock; on the Monday morning I took these things to buy what I wanted.
SARAH ALEXANDER re-examined. I left her with plenty to eat—there was bread and butter and meat enough to last her till Tuesday—there was some left when I came home—she might have taken things of greater value.
Prisoner. That was part of what I bought with the money.
NOT GUILTY .
1180. JOHN COSTA was indicted for stealing, on the 13th of December, 1 pistol, value 12s.; 1 printed book, value 4s.; 2 yards of silk, value 4s.; and 1 cloak, value 10s.; the goods of Ronald Robert M'Jan.
RONALD ROBERT M'JAN . I am an artist, living in Newman-street, Mary-le-bone. I employed the prisoner as a modeler—he was in my house about the 13th of December—I have been in the habit of employing him at different times for about three years—I saw him there last some time about the latter end of February—I have missed a pistol and other things—(property produced)—these are them.
Prisoner. The cloak was lent to me. Witness. I think it was, probably, but he pawned it.
GUILTY. Aged 25.—Recommended to mercy. — Confined Five Days.
1181. RACHEL ROBERTS was indicted for feloniously receiving, on the 6th of March, of an evil-disposed person, 1 coat, value 10s., the goods of Charles Wentworth, well knowing the same to have been stolen; against the Statute, &c.
CHARLES CARTER . (police-constable S 140.) I went to No. 3, Gray's Inn-road, and found the prisoner at home—I said I wanted her concerning a coat that I had received information that her son had stolen—she said she knew nothing about it—I said, "You must go with me to the pawnbroker's, and then she cried, and handed twenty-one duplicates to her husband—I took them, and found one for this coat.
NOT GUILTY .
JOHN NEWMAN . I live at Iver, in Buckinghamshire. The prisoner was employed to drive my cart and horse to London on the 21st of March with seventeen sacks of turnip-tops—I allowed him half a truss of hay, and also a bait, on the road—I have seen the truss of clover hay which is now produced—I did not allow him that—I believe it to be mine—it is not very good, we had a very bad harvest—it is the same sort as we give our horses, but there was another half truss for the horse, which it had.
Prisoner. I was told to take some hay, and I took this. Witness. I told him to take half a truss—he had lived with me two years—he knew well that I allowed him half a truss for each horse.
CHARLES STEBBINGS (police-constable T 156.) I saw the prisoner on the 21st of March, between eleven and twelve o'clock at night, coming up a lane from South am—I saw the cart loaded with turnip-tops, and this hay on the top, and I stopped him.
GUILTY. Aged 21.—Recommended to mercy. — Confined Two Months.
ROBERT TAYLOR . I am warehouseman to Mr. Richard Lilwall, a wholesale cheesemonger—the prisoner was his carman. I was directed to examine a parcel of Dutch cheeses, and I ascertained a deficiency of seven—part of them had been sold, and gone out—15 lbs. would be about the weight of five cheeses.
Cross-examined by MR. PAYNE. Q. Were you present when these cheeses were received? A. No—there were 2,000, and there were 36l. left in the warehouse—from all that I could ascertain, there was a deficiency of seven—I was present at the sale of roost, but not ill—I can only tell by the books—they are not here.
COURT. Q. Had you a great number of chesses of this discription? A. Yes, and I believe we lost some.
HENRY MARTIN (City police-constable, No. 368.) On the 7th of April about eight o'clock in the evening, I was on duty in Leadenhall-street—a person pointed out the prisoner, who had a bundle under his arm, and told me to go and take him—I asked what he had got—he said, five cheeses that he had bought for a friend—I took him to the station-house, and then he said he supposed they were the property of his master—that the man, in counting the cheeses, gave him five, and he had taken them.
Cross-examined. Q. Was he sober? A. I cannot say—he was fuddled.
(The prisoner received a good character.)
GUILTY . Aged 30.— Confined Two Months.
Sixth jury, Before Mr. Sergeant Arabin.
MARTHA MEEK . I am the wife of Charles Meek, a tobacconist, in Long-acre. On the 21st of March, about eight o'clock in the morning, I was in the parlour behind the shop—I heard a noise—I came out, and saw the prisoner in the shop with the cigars in his handkerchief—he went out, and I followed—he had got about six yards when I took hold of him, and he dropped the cigars—he then got out of my sight, but I am sure he is the same person—the window was not broken—he opened the door, and came in, and took them out of the window—these are my husband's cigars, they are worth 16s.
DANIEL RICHARD COPE . On the 21st of March I was sweeping the front of our house, and saw the prisoner come out of the prosecutor's with a bundle—Mrs. Meek came and said, "You have stolen my cigars"—he dropped them, and ran off—I pursued—he was stopped down a court, and given in charge.
Prisoner. Q. Did you take me? A. No, a postman stopped you—I never lost sight of you at all—I live right opposite the prosecutor—you were taken back to the shop, and I followed you.
GUILTY .* Aged 18.— Transported for Seven Years.
WILLIAM LAMBERT . I am a printer, and five in East-street, Red Lion-square. On the 3rd of April, about one o'clock in the morning, I was in Holborn—the prisoner and another female joined me—they asked me to go with them to a house, which I refused—they then asked me to give them something to drink—I took them to a house, and gave them a glass of wine, and I had a glass of brandy—the other female left me—I was going towards my own house through a mews leading to Bedford-row, and felt a hand in my pocket, where I had three sovereigns and a half, and some silver—I found something was gone—I caught hold of the prisoner's hand, and accused her of robbing me—she denied it—I took her under a lamp, and found that I had but one sovereign and 1s. 6d. left—I said she had taken two sovereigns and a half and some silver from me—she said she bad not—I took her towards Theobald's-road, to see for a policeman, and saw her stoop and put something in the corner of a dung-heap—I accused her of it—she-said she had not—I left a mark on the place, took her to the corner, and gave charge of her—I then went back to the place, and under the dung the officer found two sovereigns and 1s. 6d.
WILLIAM PERRY (police-constable E 40.) I was called, and took her to the station-house—I then went with the prosecutor to the dung-heap, and found two sovereigns, a shilling, and sixpence—the prosecutor had been drinking, but knew what he was about.
Prisoner's Defence. I was returning home; I saw this gentleman taking liberties with two females; he left them and followed me down the mews, and began to take liberties with me by the dung-heap, and when he found he could not do what he wanted, he said I had robbed him; he took hold of my two hands, and crave me in charge, and they found nothing on me.
GUILTY —Aged 27.— Confined Six Months.
ANN LAWRENCE . I live in Blue-gate-fields. Mrs. Walter gave me this gown to wash on the 27th of March—I hung it at the end of the court to dry at half-past one o'clock—I saw it at past three, and missed it at half-past four—I know nothing of the prisoner.
JOHN WILLIAMS (police-constable H 67.) On the 27th of March, about seven o'clock in the evening, I saw the prisoner drying this gown by a tap-room fire—I went and questioned her about it—she said it was her own, and turned to a girl who was with her, and said, "Did not I wash it at your mother's?"—the girl said "No"—I took her away to the station-house—she said she had washed it in the Thames—when the inspector asked her how long she had bad it—she said two years, and that she had washed it in a tub—I made inquiries and found the prosecutor.
GUILTY . Aged 32.— Confined Three Months.
1187. GEORGE FARNSBY was indicted for stealing, on the 28th of March, 3 hats, value 1s.; 1 umbrella, value 1s.; 1 bird-cage, value 10d.; 26 quarts of beans, value 6s.; and 24 bottles, value 1s. 2d., the property of James Sampell.
JAMES SAMPELL . I am a fishmonger, and live in Dove-court, Cambridge-road. I have a garden about 100 yards from where I live—I had 3 hate and the other articles stated in a little out-house adjoining my summer-house—I am there every day—I left these things all safe on Friday the 27th of March, and on the Saturday they were all gone—I had seen the prisoner before—I received information, and went with an officer to his house on the 1st of April—I found him in bed, and one of my hats was in the house—this is it—(looking at it)—this is all I have found—I am sure this is my hat, though it is different now to what it was—it has a break in the crown—I put the band on it myself.
FRANCIS GEVAUX . I am a labourer. On Saturday week last I saw the prisoner come down a turning with two white bats in his hand, and a bag of seed under his arm—he took them in-doors, and next morning I saw him with a bag of seeds, containing scarlet beans and two sorts of French beans—that was about 300 yards from the prosecutor's—on the next day the prisoner's brother was thrown out of a cart—he was carried home, and the prisoner came to the door with the bag in his hand which the seeds had been in.
Prisoner. This witness has been here himself, and tried for steeling beef. Witness. I was here—I was innocent, though I was found guilty.
JAMES PYE (police-constable K 111.) I received information, and went with the prosecutor to the prisoner's house—I waited till six o'clock when the house was open—I then went in and found this hat in the room where the prisoner was sleeping.
Prisoner's Defence. I bought this hat of a boy.
GUILTY .** Aged 17.— Transported for Seven Years.
1188. MARY ANN MORRIS was indicted for stealing, on the 25th of August, 1 shawl, value 5s.; 1 veil, value 6d.; 1 pair of stays, value 1s. 6d.; 1 petticoat, value 2s.; 1 gown, value 3s.; the goods of Mary Chandler: 1 pair of boots, value 6s., the goods of John Thurstle: and 2 frocks, value 4s., the goods of John Bolton.
MARY CHANDLER . I am a widow. In August last the prisoner lodged in the same house with me in Boston-street, Dorset-street—there were two beds in the room—I and another person occupied one bed, the prisoner and another person the other—she lodged there six days, and one day she sent me to buy a cake for tea—I was absent about a quarter of an hour, and when I returned she was gone—I missed a pair of stays, a petticoat, and a gown—she did not return to the lodging—nobody could have taken the things but her—I left her in my room taking care of it—she hired the lodging of me by the week, and left me the day before her week was due—my things were all safe when I went out—I have never seen any of them since.
EMMA THRUSTLE . I lodged in the same room. When I went up stairs my aunt desired me to ask Mrs. Chandler if she knew a person who would purchase two frocks—before she could give any answer, the prisoner said she knew a person who had twins that they would just suit—I left them with her, and she left the lodging in the way that has been described, and never returned—these are the frocks—(looking at them)—they belong to my aunt, who is the wife of John Thrustle.
CAROLINE KEEBLE . I keep a wardrobe in Exeter-street—the prisoner came to me I think in August—I bought these, two frocks of her, and as she took them out of her basket, I saw she had a shawl, a veil, and a pair of boots in it—she said she wanted the shawl for her own use—she asked me to buy the veil, but I did not.
Prisoner's Defence. I took the lodgings only for a few days; I had not been there many days when Emma Thrustle gave me the frock to dispose of, and said she must have an answer very shortly—I took them out and sold them—I spent the money and did not return—when I left there was a girl in care of the place.
GUILTY . Aged 20.— Transported for Seven Years.
(There was another indictment against the prisoner.)
WILLIAM CROXTON . I am apprentice to Mr. Miller, a watchmaker, in the Commercial-road. I know the shops of Mr. Read—they are Nos. 9, 10, and 11, in Sydney-place—between seven and eight o'clock in the evening of the 24th of March I was going past there, and saw the prisoner take a piece of carpet from the shop door—he turned round the corner, and dropped it at Mr. Vesper's door—he then stopped, talking, said he had not taken it, and attempted to strike the boy who was minding the door.
JOHN MACPHERSON . I am errand-boy to Mr. Thomas Read. I saw the prisoner take the carpet from the door, and followed him—he got to the corner, said it was not him, and attempted to strike me—he then ran to the corner of Charles-street, and was stopped by a gentleman, till he was taken by an officer—this is the carpet—it is my master's.
Prisoner's Defence. These lads are mistaken in the person—I was walking up Exmouth-street when they came to me.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Three Months.
WILLIAM HENRY DAY . I am pot-man to Mr. Edward Wilkinson, at the King's Head public-house, Cumberland-street, Middlesex Hospital. On the 4th of April, about a quarter-past ten o'clock in the morning, I had been cleaning the pots, and left them on the pot-horse—in consequence of what I was told, I went into the skittle-ground, where the pot-horse was—I heard some pots rattle, and went to the door of the water-closet—I saw the prisoner standing inside, with one pot in his hand, two on the seat, and one pot was on a form in the skittle-ground, about two feet from where the prisoner was—I asked what he was going to do with the pots—he said he did not know—he handed me the one from his hand, and said there were two more on the seat—I said I saw there were—he said he knew nothing of them—I said I was sure he must, and collared him—he then went on his knees, begged pardon, and said if he came before a Jury they would take my word before his.
Cross-examined by MR. PAYNE. Q. Where were these pots? A. Every pot we had was hanging on the horse before—the water-closet is not near the pot-horse.
MARY WILTSHIRE . I am in the service of Mr. Wilkinson. I remember Day going out, and soon after the prisoner came in, and went at once to the skittle-ground—no other person went there—I saw the prisoner go to the pot-horse, take one pint-pot off, and go towards the water-closet with it—he had his hat on when he went to the ground, but it was off when he took the pot.
Cross-examined. Q. What do you mean by that? A. The lining, or facing, is undone—I have repeatedly seen pots taken out of such a place—I found 4s. 9d. on him, and a duplicate of a pair of boots.
Prisoner's Defence. When I went in there was a pot on the ground, and seeing the rest on the horse, I took and hung it there; if I had taken one off the horse I could not have taken four; they were there before I was; I had but just got into the place when the pot-man came.
GUILTY . Aged 18.— Transported for Fourteen Years.
1191. SARAH DORRINGTON was indicted for stealing, on the 20th of March, 3 petticoats, value 12s.; 1 yard of muslin, value 1s. 6s.; and 1 pair of stays, value 6d.; the goods of Charles Astle, her master.
SARAH ASTLE . I am the wife of Charles Astle, of Gloucester-place, Tottenham. The prisoner had been my house-maid five months. On the 20th of March I desired her to fetch a mutton-chop for my brother, who was very ill—she was very reluctant to go, and delayed nearly an hour—I went up to her bed-room to see why she did not come down, she was taking some things out of her box, and putting them into a basket—I asked her what she was going to do with that basket—she said, "To take it for the mutton-chop"—I said it was too large, and asked what was in it—she said, nothing but her pocket-handkerchief—I asked her to let me see—she said she would not, I had no right to see what was in her basket—I said she had no right to take any thing out without my seeing it—she knocked me down on the bed, and ran down—I ran after her—she got to the stable yard, and broke the widow to get out, but I just succeeded in turning the key of the gate, and my brother came down—I told him she had got something in the basket—he took it from her and in it were the articles stated in this indictment—I asked if she would tell me where some other things were which I had missed—she would not.
Cross-examined by MR. PAYNE. Q. What time did you tell her to go for the chop? A. About twelve o'clock—she was not taken till about six o'clock in the evening—we could not get an officer before—my husband is not at home—he is locked up for an assault on me.
Prisoner. She knocked me down, and called her brother, who struck me a violent blow.
NOT GUILTY .
WILLIAM COX . I live with my father, who is a bricklayer, in Brunswick-street, Battle-bridge. On the night of the 7th of September the prisoner came and asked my father to give him a lodging—ray father said he should sleep there—I had only known him by seeing him sell things about the street—he went to bed before me, and slept in my bed—when I went to bed I had 4s. and a twopenny-piece in my fob pocket—I put my trowsers under my head—next morning my father awoke me about a quarter-past five o'clock—the prisoner was then gone—I found my trowsers in the middle of the room, and my money was gone—I never saw him again till eight or nine weeks ago, when I saw him in Skinner-street with a box on his head—I said, "You are the boy who took my money away"—he said, "Go on you fool"—he then said, "I am the boy that took your money, did not I?"—I then said "No," because I was afraid he would hit me, but he is the boy that took it—he afterwards said he would pay 1s. 6d. a week.
THOMAS NEWMAN CHILDS . I am a policeman. I took the prisoner—he said if the money was paid by his mother, would that make all right?—the prosecutor's father said he would not have it settled in that sort of way.
Prisoner. When he met me I said I was sorry, and my mother would pay for my lodging; that was what I said.
GUILTY . Aged 18.— Confined Three Months.
RICHARD PAINTER . I was in the service of Thomas Vesper and another—their shop is in the Commercial-road. On the 13th of March I saw the prisoner lurking about the door—I then received information that she had stolen the shoes—I went after her, and asked what she had got under her cloak—she said, "Nothing"—I asked where the shoes were which she had taken—she said she had none, and I might search her—I brought her back—she then made a start towards the stall where the shoes stood, and dropped this pair.
Prisoner. I did not take them—he took them off the top of the shoes—I never had them at all. Witness. She dropped them, and said, "There they are"—she bad got thirty yards from the shop before I brought her back—I heard them drop just before she reached the stall—there was another person in her company.
GUILTY. Aged 60.—Recommended to mercy. — Confined Fourteen Days.
EDWARD HENRY GOULD . I am in the service of James Marshall, of Abbey-road, St. John's-wood. On Saturday, the 28th of March, I put the plate into a basket, and put the basket on the dresser in the pantry, about six o'clock in the evening—it contained, amongst other things, eighteen silver forks, and on Sunday, about eight o'clock in the evening, I missed four forks—the prisoner Daniel came there on the Wednesday morning before to solicit a breakfast, as he was out of place and destitute—Ann Rance had lived servant in the family, and they had liberty to come there—they were both there on the Sunday—the man came to breakfast, and the woman came in the evening, but that was after the forks were missing—these are the forks—(looking at them.)
MARY NEESHAM . I am cook at Mr. Marshall's. The female prisoner lived servant there three years ago, and since then she has been allowed to come, and occasionally had her meals there, and the man also—they are husband and wife—I let the man in on Sunday morning at a quarter-past eight o'clock—I left him once or twice in the kitchen alone, and he could go into the pantry.
JOHN TAYLOR . I am a policeman. I received information, and went to No. 4, Great Exeter-street—I knocked at the door, and saw the female prisoner—I asked if her name was Ann Rance—she said "Yes"—I asked if her husband was at home—she said "No"—I said I came from Mr. Marshall's—she then went up stairs—I went after her, and there was the male prisoner—I asked if he was her husband—she said "Yes"—I then asked why she denied it—she said they owed a little money, and she thought I came for that—I said I came about the plate that had been taken on the Sunday—the man said he was not out on the Sunday at all—I then found some duplicates—the woman snatched them out of my hand, and tore them—I took the pieces, and found they were for five damask napkins—I went to the pawnbroker's, and found these four forks, which the woman had pawned that morning—the man said he had not been out of the house the whole of Sunday, and he was liberated from the station-house—when I heard he had been at Mr. Marshall's that morning I took him again.
D. RANCE— GUILTY . Aged 24.— Transported for Seven Years.
A. RANCE— NOT GUILTY .
MARY NEESHAM . These five napkins are my master's—I am not certain whether they were taken from the kitchen drawer or from the scullery table-drawer—they were not missed till the officer found the duplicates of them—the female prisoner was at my master's as much as her husband.
RICHARD WILLIAM FAIRLAM . I am a pawnbroker. I have three napkins, pawned on the 17th of February, in the name of Ann Rance—I have no knowledge of the person, but the duplicate the officer found is the one we gave.
A. RANCE— GUILTY. Aged 27.—Recommended to mercy.
Confined Six Months.
D. RANCE— NOT GUILTY .
OLD COURT.—Saturday, April 11th, 1840.
Second Jury, Before Mr. Sergeant Arabin.
GUILTY .— Confined Nine Months.
GUILTY .— Transported for Seven Years.
GUILTY .— Transported for Life.
1199. MARGARET DONOGHUE was indicted for stealing, on the 6th of March, 6 towels, value 5s.; 11 handkerchiefs, value 11s.; 11 plates, value 1s. 10d.; 1 cup, value 1d.; 2 saucers, value 3d.; 1 pair of snuffers, value 4d.; 1 knife, value 2d.; 1 fork, value 2d.; 2 spoons, value 4d.; and 2 milk-jugs, value 4d.; the goods of James Watts, her master.
JAMES WATTS . I live in Lincoln's Inn-fields. The prisoner was my charwoman for seventeen or eighteen years—I missed a good many things several times, but never suspected her, having an excellent opinion
of her—at last several knives were missing, and I made a disturbance about it—a spoon was found, and, in consequence of suspicion, the property in the indictment was found in the prisoner's room—I was with the officer at the time—I can swear to part of the property, but not all—the rest resembles mine—I will not swear to it—I can only say the crockery corresponds with what I have—I believe it is mine.
Cross-examined by MR. PHILLIPS. Q. How many servants have you? A. Four—these things were found in the room on the ground-floor, where the prisoner sleeps—I understand her daughter slept there also—I keep a public-house, but these were taken from another house, at Lincon's Inn-fields, in part of which I live—I let the rest out in chambers—I employed her two days in the week—she lives in St. Giles's, and not in the house—the things were found on the drawers and shelf—I saw them on going in—here are some articles with my name on—I have no doubt of them.
(The prisoner received a good character.)
GUILTY. Aged 50.—Recommended to mercy. — Confined Fourteen Days.
Before Mr. Baron Alderson.
1200. JOHN TURNER FLINN was indicted for feloniously forging and uttering a certain document relating to the payment of, and the obtaining of, certain prize money, due on account of military service performed by one George Langly, with intent to defraud the Lords Commissioners of Chelsea Hospital:—Other COUNT, varying, the manner of stating the charge.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
RICHARD BELLAMY . I am senior clerk in the Prize Department at Chelsea Hospital, and have been so more than twenty-three years. I have the prize-list referring to the capture of Buenos Ayes—there are the sums of 110l. 9s. 2d., 43l. 5s. 11 1/2 d., and 20l. 1s. 1/2 d., returned as being due to George Langly—there were three distributions of shares—they are returned as due to Sergeant Langly, of the St. Helena Infantry, in respect to the capture of Buenos Ayres in 1806—these shares remained unpaid until August 1835, and unclaimed until a short period before that—up to August, 1835, the money was in the hands of the Commissioners of Chelsea Hospital—it had been paid into the hospital—the first payment was in 1809, the second in 1810, and the third in April, 1813—by the act of parliament regulating the hospital, prize-money is forfeited, if not claimed within six years of the time of its being paid into the hospital; it is the custom, however, of the Commissioners to pay the amount to the parties, or their representatives, if they give reasonable excuse for the delay—in April, 1835 this petition was received at the hospital.
(The petition was here read, dated Nantes, April 1, 1835, signed "George Langly," directed to the Honourable Governors of Chelsea Hospital, and stating, that George Langly, late sergeant of the St. Helena, Artillery, had, in 1817, while at Plymouth, given to Mr. Johnson an assignment to receive his prize-money for the capture of Buenos Ayres in July, 1806, under General Whitelock; that shortly after granting the assignment, he, the said George Langly, proceeded to America, had since become naturalized, and was unable to investigate the proceedings of Johnson; that he had frequently written to him, without receiving any reply; that in 1828 or 1829 he authorized hit brother to make inquiries about hit prize-money, who, upon his application at Chelsea Hospital, was informed that Johnson was dead; that application had been made at the East India House, when it was found that the prize-money had been paid into Chelsea Hospital; and the petitioner hoped he might be allowed to receive the amount before he returned to America, and requested commands to be forwarded to the petitioner to the care of Monsieur L'Feuvre, French Consul, at Southampton.)
RICHARD BELLAMY continued. This certificate accompanied the petition—an answer to this was sent on the 7th of April, 1835, stating that no prize-money had been paid into the Hospital for the capture of Buenos Ayres, under General Whitelocke—there bad been no prize-money due to any body, with respect to the expedition under General White lock—the answer was addressed to "Sergeant George Langly, United States Service, Nantes, care of Mr. L'Feuvre, French Consul, Southampton."—This petition, dated Nantes, 21st May, 1835, came to the Hospital afterwards.—(This petition was the same in substance as the former one, but describing the petitioner, George Langly, at a sergeant of the St. Helena Infantry instead of Artillery.)—An answer to the second petition, of which this is a copy, was sent on the 12th of June, 1835—(This being read, stated, that prize-money, amounting to 177l. 16s. 11d., had been forfeited to the Hospital, in 1819, in consequence of not being claimed within the period allotted by Act of Parliament; but in consequence of the circumstances stated in the petition, the forfeiture was remitted; and an order enclosed for the petitioner to execute in favour of any body he might appoint to receive it.)
Witness. The order enclosed was sent in blank—this second communication was also addressed to the care of Mr. L'Feuvre, Southampton—at that time the letters that went out from the Hospital were always franked—I was in attendance at the Hospital when this order, filled up as it is now, was presented for payment—it was paid on the 24th of August—I do not know of its being presented before—I do not recollect its being presented on the 20th—it was presented by Mr. Theleure on the 24th, and the amount was paid to him by a cheque of the deputy-treasurer on the Bank of England—I have seen Mr. Theleure since, and believe him to be the person—I have known the prisoner several years—he has come several times for prize-money, and was acquainted with the mode of proceeding in such cases.
Cross-examined by MR. JONES. Q. You had known him, I suppose, as a lieutenant in the navy? A. I knew him as coming to the office on official business, as Lieutenant Flinn—he was called Sir John Flinn, shortly after the trial of Queen Caroline—I do not know whether he was attached to her household—I do not know whether he has been a great many years in the navy—I only know it from the Navy List—I never knew an instance of officers acting as prize-agents, except in the army prize-money—I am not aware of officers, both in the army and navy, acting as prize agents—there is no restriction, that I am aware of—I do not know that he took out a licence as a prize-agent—we did not make any inquiry after we received the first petition, because no money could possibly be paid on it, as Langley was described to be in the Artillery—I only know, from the returns in our office, that there was such a regiment as the St. Helena Artillery—my suspicion was not excited when the second petition arrived, stating he was in the Infantry—there was nothing in the second petition alluding to the first, and the first did not pass through my hands—
I knew nothing of it—I have not inquired at the Admiralty, or any other public office, about George Langly—I do not know that inquiries have been made—when a person writes, claiming prize-money, we generally send a printed form for them to identify themselves.
COURT. Q. Do not you inquire whether there is such a person as the man who asks you for 170l. odd? A. At that time it was not usual.
MR. JONES. Q. When you receive a letter, do you pay the money? A. We send a printed form to be filled up, and when we receive that, the money is paid—that has been the practice of the office for some years—we had a clerk named Holgate in the office—he is not a clerk now—there has been a reduction in the number of clerks, which was the only reason of his leaving—he left in March, 1837—we often have application made by prize-agents and other parties, on the subject of prize-money.
MR. BODKIN. Q. Was Holgate discharged previous to any discovery of the present transaction? A. Yes—this is the receipt Mr. Theleure gave for the money when paid.
(Read)—"177l. 16s. 11d. At seven days' sight; pay to Monsieur E. A. Theleure, or order, the amount of share of prize or bounty-money due to me, in respect of my service as Sergeant of the St. Helena Infantry, at the capture of Buenos Ayres, in June, 1806.—GEORGE LANGLY."—At the foot of the above was a certificate, signed "Jacques, Minister, and Doria, elder, dated 16th July, 1835," stating that they had examined the said George Langly, and from documents produced, and answers given by him, they believed he was serving in the above regiment at the time of the capture, and was discharged, on or about the 30th of November, 1814, and that be now resided at Nantes.
HENRY SAMUEL DALLER . I am a clerk in the paymaster-general's office. All orders for prize-money from Chelsea-hospital are paid at the paymaster's office—in 1835 I was a clerk in the prize department at Chelsea Hospital—I remember this order being brought to the office for payment—it was first brought, I think, on the 24th of August, by Mr. Theleure—I do not recollect whether it was brought before the day it was paid.
GEORGE ROWLAND HOLGATE . I was a clerk in the prize-office at Chelsea Hospital in April, 1835—I continued there till the beginning of 1837, when there was a reduction of clerks, and I was put on a superannuation allowance—it was my duty to answer the applications of persons for prize-money, and for that purpose I had access to the prize lists, which would show the regiments, and the persons belonging to them entitled to receive prize-money which was not already received—the prisoner was in the habit of coming to the Hospital in 1835, and before that—he had the opportunity of acquiring a knowledge of the mode in which business was done—I know Beresford Eaton, he has been a navy agent—I had seen Mr. Flinn repeatedly as an applicant for prize-money, and I was introduced to him by Mr. Eaton more intimately—I entered into an arrangement with Mr. Eaton and Lieutenant Flinn about information to be given by me with respect to prize-money—the agreement in the first instance was to furnish the names of some soldiers entitled to Diamante prize-money—Diamante is on the coast of Calabria—I was to receive two and a half per cent. for the information I furnished in that case—it was merely for giving information, whether they got any thing or not—after that I saw the prisoner more frequently—there was afterwards an arrangement
made between Mr. Eaton and myself, on the subject of information as to the names of officers who were entitled to prize-money—that occasionally included non-commissioned officers—it was about persons entitled to prize-money of right, and also which had been forfeited by the lapse of time—I was to have five per cent. for that—I received a per-centage from Mr. Flinn himself on one occasion—I have frequently received a percentage from Mr. Eaton—among other names which I furnished to Mr. Eaton, I gave him the same of George Langly, a sergeant in the St. Helena infantry, and also the amount of prize-money he was-entitled to.
Q. Was there, at the time you furnished the information, any document in the office to which you belonged, by which you knew that Langley was dead? A. There was occasionally in the prize lists a mark, but I do not recollect distinctly whether there was a mark against Langly's name in the prize-list or not—I was to have a per-centage for the information I furnished respecting Langly, if the money was received—the five per-cent was only in case of the receipt of the money—I saw the prisoner at Mr. Eaton's shortly before the money was received—he asked me if application had been made for the St. Helena sergeant's money—I told him I did not think it had—he told me to look out, for if application had not been already made, it would shortly be made—I remember paying that money at the hospital—I took the receipt for the money, and gave a cheque for the amount—I saw Mr. Theleure—I cannot say whether he is the person to whom it was paid, it is so long since—I saw the prisoner again shortly after the payment of the money—I mentioned the circumstance of the money being paid, expecting a commission—I mentioned it first to Mr. Eaton, and afterwards to Mr. Flinn, at Mr. Eaton's house—he asked to whom the money was paid—in consequence of some inquiry made by Mr. Eaton or Mr. Flinn, I examined the book, to see who it was paid to—I found it out by means of a card, I believe—I told Mr. Flinn it was paid to a man named Theleure—he said he knew nothing about it—I have teen the prisoner write frequently, and think the receipt endorsed on this paper is his hand-writing.
Cross-examined. Q. How long were you in the office at the Hospital? A. I went in 1821, and left in 1837—it was Mr. Eaton who first applied to me for information respecting prize-money—the first proposal was made about the Diamante prize-money—the first offer made to me was 5l.—I declined that, and said I would do it at a per-centage—Mr. Eaton made that offer for the information respecting the Diamante prize-money—Mr. Eaton frequently paid me a per-centage—I should think I have received from Mr. Eaton 500l. or 600l. altogether—my salary as clerk was 110l. a year at first, and then 120l.—I had no undertaking with any prize agent but Mr. Eaton for giving information, I swear that—I have taken this per-centage for the last five or six years that I was in the office—I never received any money from any agent except Mr. Eaton.
Q. I presume it is quite in accordance with the rules of the office that clerks were allowed to give information, and receive a per-centage? A. No, it is contradictory to the rules of the office—none of the other clerks knew of that arrangement of mine, to my knowledge—I did not tell them of it—I did not receive any letter about Langly, nor did I see it—I was not aware the application had been made until the money was demanded—I had nothing to do with the corresponding department—I did not refer to any book to ascertain whether the man was dead before I paid the money
—I will swear it—it is possible, if there was a mark of "dead" against that name on the list, I might have put that mark, but I certainly never referred—I took the name from a book before the money was paid, and entered it in a private memorandum-book of my own—I do not know whether the mark of "dead"—was against it then—(looking at the original book)—there is no mark against that same—this is the book I copied the memorandum from—I do not think any body was present but Mr. Eaton, Mr. Flinn, and myself, when he asked me about the sergeant's prize-money—I have never received any per-centage on that money—I did not ask Mr. Eaton for it—I mentioned the circumstance to him when the money was paid, and he said he had not received it—I then mentioned it to Mr. Flinn, and he said he knew nothing about it—I should think it is eight or nine months back that I was first applied to for information as to this, it is since I have left the office—I think I then told all I knew, as I have to-day—I told it shortly afterwards—MR. Bicknell, the solicitor, applied to me—I wrote to him, and gave him the information—I first saw him personally, and told him I had abstracted some names, and into whose hands I placed them—I think I mentioned Lieut. Flinn's name in my letter to Mr. Bicknell, but not in my first interview, nor Mr. Eaton's—there was a suspicion against me—I do not think I have been threatened with a prosecution in respect to this transaction—there were several cases of this sort—whether this is one of which they entertained suspicion against me I do not know.
Q. Have you been generally threatened with a prosecution on account of the part you took in these transactions? A. Why, yes, perhaps—I believe I have, but I did not understand you distinctly—I know I have acted in breach of my duty, contrary to Act of Parliament, and believe it is in the power of the Hospital to punish me—I believe I have not been threatened that I should be prosecuted and punished—there has never been a distinct threat made to me—I do not think Mr. Bicknell has ever said any thing distinctly to me about prosecuting me for it—he has certainly told me what he could do, but never told me, "I will do it," that I recollect—he has told me I am liable to be punished—I told Mr. Bicknell that I had received 500l. or 600l. for per-centage—he is perfectly acquainted with that—he has seen it from my own memorandum, and I have admitted it—Mr. Bicknell has my private memorandums—I did not give them to him—they were taken from me—my house was searched, I think, last May or June, the same day that Mr. Bicknell saw me, I think—I was not at home at the time—it was after that that I wrote to Mr. Bicknell on the subject—I wrote to him shortly after giving him an account of the transaction, it was not so full an account as I afterwards gave him—I think in December I gave him the fullest account—that referred to a great number of other cases—he urged me to tell him all I knew.
MR. CLARKSON. Q. I believe you were in confinement for debt at the time the discovery was first made? A. Yes—I wrote a letter to my wife, desiring her to deliver up my papers—they contained a detailed account of the per-centage I had received—I believe it is the custom of the Navy agents to hunt up the relatives of deceased persons, and assist them to receive the money, that they may have the commission—I had not the least conception of any fraud or forgery contemplated by this, or I would not have done it.
COURT. Q. Did you furnish the names of persons dead as well as not dead? A. Yes—I furnished the names indiscriminately whether they
were alive or dead—I generally communicated the fact of their being marked as dead, because in discovering the representatives it would facilitate the investigation to find the relatives.
MR. CLARKSON. Q. At the time you made any communication to Mr. Bicknell, and when you were aware you had been guilty of a breach of duty in your office, were you at all aware that this case of Langley's had been discovered as a forgery? A. No, I was not.
MR. JONES. Q. Did you give any information to a Mr. Baker? A. The information was given to Mr. Eaton, and he gave it to Baker—it was by my acquiescence—I communicated the information to Eaton for him to communicate it to Baker.
BERESFORD EYTON . I was formerly a navy-agent in London. I have known the prisoner for upwards of twenty years—I knew him to be engaged in forwarding the applications of persons for prize-money to Chelsea Hospital—I recollect his doing so with reference to the Diamante prize-money—I know Mr. Holgate—he, Mr. Flinn, and myself, were in the habit of meeting together on the subject of prize-money—a verbal arrangement was come to with respect to information given—the prisoner was to allow us ten per cent. on any claims where he was the means of discovering the representative, or the parties themselves—the ten per cent. was to be equally divided between Holgate and myself—I was to give him the names—I had the name of George Langly, of the St. Helena regiment, from Mr. Holgate—I entered in a book the claims which were promoted between us, and the amounts due to the parties—I was told by Mr. Holgate that the money due to Langly had been paid by the hospital—I cannot tell the time—it was immediately after it was paid—he requested me to apply to the prisoner for the per-centage, which I did—he said he had nothing to do with it, or something to that effect, and the matter dropped—I did not speak to him about it further to my knowledge—he did not pay me the ten per cent.—in 1835, I believe, the prisoner was residing at St. Servan in France—I had letters from him there—he told me he had a house there—a young person named Jane Maria Faulkner was living there—she was not particularly under my care—I was executor to her grandmother—the prisoner applied to me to recommend him a nurse-maid, and I recommended her—I received letters from her while she lived in the prisoner's family—she is now married—her name is Gee—I believe she is alive—I have not seen her lately—I am acquainted with her handwriting—(looking at the two petitions)—I believe these to be her handwriting—I do not allude to the enclosures—I have no doubt of both of her them—I believe this part of the order written in the margin to be writing—I am not so positive as to "Monsieur Theleure," but I think there is a great similarity—I believe it to be hers—I do not personally know Messrs. Johnson, navy-agents of Plymouth—I know there is such a concern—I have no knowledge of their being concerned with the prisoner in business transactions—he is frequently in London—I do not know which way he came—I know he went by Jersey to St. Malo.
Cross-examined. Q. Are you still a navy-agent? A. No—I am sorry to say I have been unfortunate—I was a bankrupt two years ago—I have known Holgate about seven years—I had no transactions with him except in prize-money—I believe he left the hospital in 1837—I had had transactions with him in prize-money I should think for four years before that—I frequently paid him a per-centage.
Q. Did you know whether that was consistent with the rules of the office or against them? A. I do not know how to answer that question—I believe it was not publicly allowed to be done—it is against the regulations of the office to give the names, or any information—I knew he ought not to give the names—I have paid him, I should think, between four and five hundred pounds—sometimes I paid him two and a half percent., and sometimes five, never more—the per-centage depended on the recent capture—I have had communications with him since he left the hospital—I have kept up my acquaintance with him—I have not visited him since he left the hospital—we have not been private friends within the last six months—up to that time we have been acquainted—Mr. Bicknell first applied to me for information on this subject in November last, when I was summoned to Bow-street—I did not give all the information I possessed at once—Holgate was present at the time I was at Bow-street—I was examined as a witness—I have been with Mr. Bicknell several times—I have not been in communication with Holgate on the subject until to-day—we have talked on various subjects to-day, and not at all since November till to-day—I went to see him five or six times when he was in prison for debt—he mentioned at one time that there was a charge against him about the prize-money—he did not tell me he was afraid of being prosecuted—he told me he was suspected of being the party—that was shortly before he left prison—I went and saw him after he told me that—I saw him half-a-dozen times altogether—how often I went after that I cannot tell—he wrote to me saying he wanted to see me—it was not on this case at all—it was on the subject of the supposed frauds or forgeries, or whatever they are—I went to him—he told me he was suspected of being the party committing the fraud—I called to see him as a friend—the last time I saw Mrs. Gee was three or four years ago—the last letters from her are in 1836 or 1837—I do not know where she is living now—I have heard she is at Southampton, but I do not know it—I know the prisoner has been in the navy about thirty-seven years—I believe he entered in 1804—I know he has been in a good many engagements—he had the reputation of being a brave and gallant officer—I knew him in the service of Queen Caroline—I do not know of his being engaged by the government in confidential missions—I know he was agent to Count Ludolph for a considerable time in obtaining foreign prize-money—he had a license as prize-agent in this country.
MR. BODKIN. Q. Do you know whether he had a license in 1835? A. The license was granted in 1831 and expired in 1834—he had none in 1835—at the time I saw Holgate in prison I was not at all aware that any discovery had been made of this case of Langly—the letters I received from Mrs. Gee went with the rest of my papers into the hands of the official assignee under my estate—my attention was called to these letters yesterday, and I was afterwards shown these documents, which I believe to be her hand-writing—that was the first time I had seen them—(looking at a letter)—this is the last letter I received from Mrs. Gee—this is not from her, but her writing is on it—the body of the letter is the handwriting of the prisoner—it came by private hand—I received it in 1836.
Cross-examined. Q. How many years have you known Lieutenant Flinn? A. Fifteen or sixteen years, up to the present time—he lodged in my house in March twelvemonth from the beginning of 1838—he has always borne the character of a respectable honourable man to my knowledge and belief.
EDWARD ALLCOCK THELEURE . I am a dancing-matter. My father and mother's name it Taylor, but for the purposes of my profession I have taken the name of Theleure—I have known the prisoner since 1832—I became acquainted with him by giving him lessons in dancing—I continued acquainted with him up to 1835—I left, this country to go to St. Germain's some time after 1835—I resided there when I received a communication from Chelsea Hospital—I gave an answer to the inquiry, and have come over to this country to substantiate it—in 1835 I lived at No. 46, Great Marlborough-street—it was there the prisoner occasionally took lessons of me—I was in the habit of seeing him in June, July, and August that year—he was then living at No. 14, Great Charlotte-street, Blackfriars-road—at that time he told me he was in the habit of going to and from the continent—he told me he lived at St. Malo's—in 1835 I was in the habit of keeping a diary of my transactions day by day—I have it here—(looking at it)—I had no acquaintance of the name of Le Brun living at Nantes on the 20th of August that year, nor did I know any such person as George Langly—this letter—(looking at one)—came to me by the post on the 20th of August, I believe, about ten or twelve o'clock—it has the post-mark of that date—it contained this order—I saw the prisoner immediately after I had received the letter—I had the letter in my hand or an the table when he came—I put it into his hands, and he said, "Oh, that is perfectly correct"—he had not mentioned any thing about prize-money to me previously, but he had asked me to receive any monies for him, as he was in the habit of going out of town—I said, "Certainly"—he did not mention where I was to go to receive them—he offered me a commission, which I refused, as it was not my business—I agreed to do it as a friend—I had no acquaintance at Nantes named Le Brun—I told him so, and that I did not know Langly or Le Brun—I showed him the letter, and he immediately said, "Oh, that is perfectly correct, the money you are to receive, and I have an order to receive it of you"—he said I was to go and receive the money at Chelsea Hospital—I offered to take him with me—he said he was particularly engaged, and he could not go with me, and asked me to go alone and receive it—I offered to take him in my vehicle.
Q. Did you receive back from the prisoner the letter and order? A. Yes—I went alone to the Hospital that day—the answer I received was that it was quite correct, and I was to return on Monday—I made a memorandum on the paper in consequence of that—here is, "in about three days' time"—that is the memorandum I made on receiving that answer at the Hospital—I did not see the prisoner when I came back the first time—I have no note of it in my book—he came on the 21st—I have nothing entered here, merely that he called—I told him what had passed, and the answer I got—on the 24th I went to the Hospital again with the order, and received a cheque for the money—this is the receipt I gave for the 177l. 16s. 11d.,—(read—"Received of W. H. Spicer, Esq., Deputy Treasurer, 177l. 16s. 11d., being the amount of prize-money due to George Langly, &c. E.A. THELESURE.")—I saw the prisoner altar I received the cheque, the same day, at my house—I told him I was ready to pay him the money, if he would give me a receipt for it—he said he had not got a receipt with him, but he would bring it—this is the cheque I received—(looking at it)—he asked me, if I was going into the City, would I get the money—I said, "Yes"—I took the cheque, received the money at the Bank, and gave him the money on the 26th—he then gave me this paper—(looking at it)—there is
some writing of his on it—it purports to be a receipt of Langly—I would not pay him without his receipt, and I saw him write his name and address on the back—I was never at Nantes in my life—I heard nothing more of this till I received Mr. Bicknell's communication, when I was living in France—I believe this letter is the hand-writing of the prisoner—(looking at one)—I received it from him.
Cross-examined. Q. Do I understand you do not know any person of the name of Le Burn? A. Yes, not at Nantes—my gardener's name is Le Brun, at St. Germain's—I did not know a person of that name at that time—it is a very common name in France—I was brought up in France, and have lived there ten or fifteen years—I have no recollection of the name of Le Brun, except my gardener, and a dancing-master, who lived at St. Germain's—I have seen him, I suppose, once or twice—the prisoner said at once that he had an order to receive the money of me—I said so before the Magistrate—all I wanted was an acknowledgment of his having received the money—I was well aware it was like a bill of exchange, and I must receive some order to receive it—I had not seen the receipt till he brought it to me on the 26th—I had not seen the order before I paid him the money—I should have thought twice before I paid him on his own receipt, without having the receipt of George Langly—I will swear, at the time I showed him the letter, that I told him I did not know either George Langly or Le Brun—I do not know that he made any observation upon that.
Q. As it was by his authority you went to receive the money, why should not you be content with his acknowledgment? A. Because the letter was signed "George Langly"—if the prisoner had asked me to receive the money, I might have been content with his receipt, but as it was a letter from George Langly, I thought I ought to have his receipt.
COURT. Q. Are you sure that at the first interview he told you he had an order to receive the money? A. Perfectly—that induced me to expect him to show me the order before I paid it to him—I wished to see the order, as he said he had one.
MR. JONES. Q. Did he give you any other acknowledgment for the money than that order? A. No, I am certain—he did not give me a receipt written by himself on a separate piece of paper. (The cheque was here read, which was on the Bank of England, for 177l., 16s. 11d., signed "W. H. Spicer," and endorsed "E. A. Theleure, 46, Great Marlborough-street")
MR. CLAKSON. Q. You had a gardener named Le Brun, and knew a dancing-master of that name in St. Germain's; did you become acquainted with both of them after you received this money? A. Yes, very lately—I was not acquainted with any Le Brun or Langly who knew the initials of my Christian name.
JOHN LOCKEY . I am an out-pensioner of Chelsea Hospital, and live at Glasgow. I was in the St. Helena regiment at the taking of Buenos Ayres, in 1806, under the command of General Beresford—I knew George Langly, a sergeant, in the corps—he was the only person of that name in the regiment—we remained there from the 1st of June till the 27th of August—in November, 1807, Langly died on board his Majesty's ship Woolwich on the voyage back to St. Helena—I was present at his death, and assisted at his funeral.
Cross-examined. Q. Was he a married man? A. No.
WILLIAM JAMES L'FEUVRE . I was the French Consular agent at Southampton in 1835—I had a clerk in my service then, who is since dead—I know the prisoner—I remember a letter coming to my establishment, free of postage—it was directed to my care for an individual in France—I do not recollect the name—in consequence of a communication from my clerk, I gave directions about the delivery of that letter—after that, and on the same day, I saw the prisoner—I mentioned to him that I had given directions that he should have the letter if he called a second time at my office, and he gave me to understand that he had received it—I was superintendent of the Ariadne steam-vessel going to Jersey—I knew the prisoner occasionally went to and fro to Jersey at that time—Captain Basaam commanded that vessel—he is since dead—he was captain on that station—the prisoner occasionally travelled by that vessel, and knew Captain Bassam intimately.
Cross-examined. Q. Can you undertake to say he said he had received the letter? A. I understood him that he had received it—I cannot recollect his words—I should not know that letter again if I saw it—I think I received one letter for him afterwards, but I do not think I did before—I will not be positive that I had not—I know Mrs. Gee—she is living at Southampton now—I saw her last Sunday—there would be no difficulty in bringing her here—I put the question to her on Sunday whether she was likely to come up—I pat that question to her in consequence of what I heard from somebody connected with the prosecution, not Mr. Bicknell—it was in consequence of a letter I received—I did not communicate her answer to Mr. Bicknell—I am not aware that I ever told Mr. Bicknell the answer I received from her—I received a letter from Mr. Bicknell on Sunday morning—I have seen him since then—I saw him on Tuesday.
MR. CLARKSON. Q. Have you got the letter with you? A. I have not—my conversation with Mrs. Gee had no reference to the hand-writing of any papers here—I think the letter I received afterwards was addressed to Mr. Flinn—the one I spoke to my clerk about was not addressed to Mr. Flinn, but to an individual in France, but Mr. Flinn represented that it was for a friend of his, and asked to take it.
REV. FRANCES HAWKINS . I am a Catholic priest. I have lived in the city of Nantes some time—I resided there in 1835—I knew the Catholic clergy there at that time—I have heard a great deal about the Protestant clergy, but did not know them personally—I never heard of a Catholic or Protestant clergyman named Jacques—there is no elder in our religion—I never heard of a person of the name of Doria in any of the churches established at Nantes.
RICHARD BASSETT . I am a clerk in the Bank of England. I have an entry of the numbers of the notes given in exchange for this cheque, on the 25th of August, 1835—"No. 8999, 100l.," dated 1st August; "No. 16975, 28th July, 50l.;" "No. 19871, 30th July, 20l.;" "No. 4807, 1st August, 5l."
THOMAS PHILLIPS . I produce these notes, which have been paid into the Bank of England—on the back of the 5l. notes is written, "Thomas Dyson Ludolph," and on the back of the 20l. note, "E. Cole, 28th August."
Cross-examined. Q. Did you know before five o'clock yesterday that
Mrs. Gee was living at Southampton? A. I did not know there was such a person in existence as Mrs. Gee—I heard there was a servant of Mr. Flinn's at Southampton, but never heard the name of Faulkner, or Gee.
COURT. Q. Your correspondence with Mr. Lefevre had no reference to Mrs. Gee? A. None at all.
(The letter from Nantes enclosing the order received by Theleure was as follows:)
"Nantes, 16th July, 1835. Sir, I have the honour to request that you will do me the favour, in consequence of your friend's recommendation, Monsieur Le Bran, at Nantes, to call at the Deputy Treasurer's office at Chelsea Hospital, to receive my share of prize-money for captures, as authorised by the Lords' Commissioners, on the 12th ultimo. I have the honour to remain, &c. GEORGE LANGLY. Monsieur E. A. Theleure, 46, Great Marlborough-street, London."
(The receipt given by the prisoner to Theleure on the 26th was as follows:) "177l. 16s. 11d. Nantes, July, 1835. At one month after date please, to pay to my order 177l. 16s. 11d., being the amount of my share of prize-money received by Mr. Theleure, after deducting his expenses, and for which this shall serve as a receipt in full of all demands. GEORGE LANGLY." And on the back was written, "J. T. Flinn, 14, Great CharIotte-street, Blackfriars, London."
(Sir Matthew Wood, Bart, M.P.; William Vizard, Esq., solicitor; and Dr. Lushington, M.P.; all of whom had, known the prisoner when in the service of Queen Caroline; deposed to his good character at that period.)
GUILTY of Uttering only. Aged 49.—Strongly recommended to mercy by the Jury on account of his services. — Transported for Life.
(There was another indictment against the prisoner.)
First Jury, Before Mr. Recorder.
1201. SAMUEL CRAWCOUR was indicted for stealing, on the 27th of February, at St. James's, Westminster, 1 watch, value 12l., the goods of George Donaldson, in the dwelling-house of Myer Solomon; to which he pleaded
GUILTY . Aged.— Confined Six Months.
JOSEPH WADE . I am a cloth-dresser, and live at Leeds, but came to town, and lodged at No. 3, Duke-street, Aldgate. On Friday, the 13th of March, I saw the prisoner in Duke-street—he desired to see some cloth—I showed him a bundle—he requested me to let him take it out to show some parties, and he could sell it—I said, being a stranger, I could not allow it; if he sold it, be must pay for it, or bring the party he sold it to to pay for it, before he took it away—he said he was in the habit of selling cloth at Mr. Adcock's—I said I was going there—I took it there with him, and delivered it to Mrs. Adcock—I told her the prisoner was a stranger to me, and she must have the money before she parted with it—I came away, and saw the prisoner on the road, in Whitecross-street—I went back to Duke-street, and afterwards heard it was gone—I never gave the prisoner leave to fetch it from there—I told him I could not part with it without the money.
Cross-examined by MR. PREDERGAST. Q. Did you make out a bill of parcels? A. No, not an invoice—I made a memorandum, "27 1/4 yards cloth
to Mr. Adcock," and left that with the cloth—it was not a bill—it was in this form," Mr. Adcock to Joseph Wade," &c.—when I make a bill, I say, "Bought of" such a one—I did not put "Mr. Adcock Dr. to Joseph Wade"—it was not to—it was just a memorandum for Mrs. Adcock to receive the money for ft if the prisoner took it away—it was merely the particulars—I left the paper with Mrs. Adcock—I carry on business in the name of Joseph and John Wade—I did not put my brother's name in this bill—I believe the bill is in Yorkshire, where I left it—I never saw the prisoner before Friday, the 13th of March—he called on my brother a few days before, but not on me—we were both in town—my brother is always here—I found the cloth at Mr. Nathan's—Adcock bought two pieces of my brother—I cannot tell whether the prisoner disposed of one of them—we had nothing to do with them—what I said to Mrs. Adcock I said before the prisoner, and afterwards privately, as he left the door—he wished to take it away, which I thought unreasonable.
SARAH ADCOCK . I am the wife of Samuel Adcock, and live in Golden-lane, Barbican. Wade is an acquaintance of ours—I have known the prisoner about six months—he and Wade came to me on Friday, the 13th of March, with a piece of cloth—Wade said, "Mr. Coltman is going to bring a person to show this cloth to"—I said, "Very well; it is not to go from my place"—he said, "No"—I said, "Mr. Adcock is not at home; he cannot be accountable for the cloth"—the prisoner went to the door—Wade went after him, and they went away together—Wade returned again, and safe, "You must not let the cloth go"—I said, "Take it off the counter, and lay it on the shelf"—he did so—the prisoner returned in about five minutes, came up the shop, and said "Well, Mrs. Adcock, I must take this piece of cloth"—I said, "No, you must not; Mr. Wade, said you must bring the parties to look at it"—he said, "No, I can't bring them; Wade says I may take it; it is' all right, if it was twenty pieces'—I said, "I can't give you leave to take it"—he went out of the shop with it, saying, "I will return the cloth or money in an hour's time"—I did not give it to him, he took it off the shelf, and took it away—he did not come back that day—he came next day about half-past twelve, o'clock—I said, "You have got me into, a fine deal of trouble"—he said, "What is that?"—I said, "About the cloth; I hope you will go and fetch the cloth or the money immediately"—he said, "I will," but he never came back.
Cross-examined. Q. He did not come back the second time? A. No—that was on Saturday—I asked him where the cloth was—he said, "At Mr. W. Dufton's, No. 56, Basinghall-street"—I put the cloth on the shelf by the side of the counter—my husband keeps a woollen-shop, not a woolen-draper's—we sell flock and things—I told the prisoner he must not take it, but he did take it—he used no violence in taking it—I did not oppose his taking it when he told me Wade said it was all right—I could not tell what conversation had passed after they left my house together—he had no business to take it when I told him he should pot—it was half-past four o'clock in the afternoon—I have known him about six months—my husband was in Kent at the time—I have not got the bill—my son took it back to Mr. Wade that evening—my husband had bought a few pieces of cloth of Mr. Wade before—the prisoner did not dispose of a piece of cloth for my husband to Mr. Dufton shortly before—my husband took it to Mr. Dufton's in company with
the prisoner—my husband has been not paid for all of it yet—the prisoner had no business to ask Wade to bring the cloth to our house.
HENRY NATHAN . I am a warehouseman, in Cheapside. I have known the prisoner about five years—he came to me on Thursday, the 12th of March, and said me he thought he could sell something for me, and he would call on Friday—on Friday he brought this cloth, and said, "Will you allow me to take this tweed, and I will leave this cloth the while?"—I said, "Certainly"—he said, "I will bring you the money on Saturday"—he left the cloth, and took away the tweed—he came on Saturday, and said, "I have not sold the tweed, but no doubt I shall be able to sell it to-morrow, and I will then come and bring you the money, and take away the cloth.
Cross-examined. Q. Was there any understanding between you and him that the cloth was to become your property? A. No—he has left goods with me as security before for things of mine which be has taken away to sell—I never heard any thing against his character.
JAMES REGAN (City police-constable, No. 291.) I took the prisoner, on Saturday evening, at Adcock's—I found a bill of Nathan's on him—I went there and found the cloth—Adcock's house is in the parish of St. Giles Without, Cripplegate—when I told him was at Nathan's, he said it was there, not before.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY. Aged 38.—Recommended to mercy. — Confined Three Months.
1203. THOMAS BICKFORD was indicted for unlawfully, maliciously, and feloniously assaulting Edwin Augustus Smith, on the 23rd of February, and a certain gun loaded with gunpowder and leaden shot did shoot off and discharge at him, thereby grievously wounding him in and upon his right eye, right side of his face, right arm, and right hand, with intent to do him some grievous bodily harm.
MR. RYLAND conducted the Prosecution.
EDWIN AUGUSTUS SMITH . I am a camel-hair-pencil-maker, and live in King's-row, Cambridge-road, Mile-end. On Sunday afternoon the 25th of February, I was passing over the City-of-Paris-bridge in Bishop Bonner's fields, with my brother and several others—my brother and I were walking together—we met the prisoner with two other men—the prisoner had a gun in his hand, and was saying to some young men standing close by, "Stand out any of you and I will fire at you"—hearing him say that, I held up my hand, pointed to a hole in my glove, and said, "Here is a hole in my glove, fire at that"—I was about three yards from him—he had not said any thing to me—he put the gun up to fire at me—I said, "That is too near"—then be went further back, about twelve yards altogether—I did not retreat from him at all—I then turned round with my back towards him, stooped down, and told him to fire at that, meaning my——he did not fire then—I then turned round again, held up my hand, and pointing to the hole in my glove, told him to fire at it—he then put the gun up to his shoulder and fired at me—he raised it about half-a-minute, or a minute, before he fired—I stood all that time with my hand up—the shot entered my right eye, and I have lost the sight of it—I bled a great deal, and received a great many shots, in all about a hundred, in my hand and arms, and a few in my face—I cannot tell whether he saw that he had hit me—
when I received the wound I did not cry out—I stood—somebody held me up, or I should have fallen—I did not hear him say any thing—he seemed to say some words exultingly, and then turned round and went from me—I went after him when I recovered a little, and said, "Why did you shoot me?"—he said, "Oh, it is only dust-shot"—the two young men, the prisoner, I and my companions, then all went over the bridge together—he took off my handkerchief, and wiped the blood from under my eye, and said, "Oh, you are not hurt much, I see"—we then went on about three hundred yards—he then gave up the gun to one of the other young men who said something to him—he said, in answer, "Oh, I knew it was loaded, but it was only dust shot"—I afterwards said, "If you are any thing of a man you will come to a doctor's with me—when we got to the City-ofParis public-house, the man with the gun went away—I, the prisoner, and another young man went up to the end of the pathway and the other young man then left—I and the prisoner were together with my two companions—we went to see a doctor, but he was not at home—before that I sent my brother to look for a policeman—after standing outside the doctor's about ten minutes the prisoner said he wanted to go borne, and if we wanted him we were to come to his house for him, and he would tell us where he lived—I said I could not leave him—I believe he told me where he lived, but I do not recollect where it was—we then crossed the street, and stood on the other side—we went to the Rising Sun public-house, at the corner of Globe-lane—we waited outside either ten minutes or a quarter of an hour—he then wanted to go home—several people standing round said I must not let him go—we then went up to Bethnal-green church—there the policeman and my brother came up, and I gave him in charge—we then went up to several doctor's, who were not at home—we then went to the station-house, and Dr. Storey took about forty shots from my right arm, he examined my eye, and sent me to the hospital, where I have been ever since.
Cross-examined by MR. PRENDERGAST. Q. You had never seen the prisoner before? A. Never, to my knowledge—he said nothing to me—it was I first addressed him, and told him to shoot at my hand—I did not expect he would fire at me—I saw him point the gun towards me—my glove was on my hand when I held it up—I was quite sober—I had only drank half-a-pint of beer all day—I think the prisoner was sober—he gave me some name, but I do not recollect what it was.
ANGELO HENRY SMITH . I am the prosecutor's brother, and live with him. On the 23rd of February I was walking with him and some companions—by the City-of-Paris-bridge, I perceived three men standing together—the prisoner, who was one of them, had a gun—a few gentlemen were standing by him—I heard him say something, but I could not tell, what—I then heard my brother call out to him, but could not hear what it was—I saw my brother stoop, but could not tell exactly what it meant—the prisoner held his gun to his breast, but not in an attitude to shoot—my brother then held up his hand, and said, "If you can, shoot through the hole of this glove—I am sure you cannot, for it is not loaded"—the prisoner then held the gun to his breast, then to his shoulder, and then fired—I should think he was ten or fifteen yards from my brother—the blood ran from my brother's face and right eye—he would have fallen to the ground, only one of my friends held him up—he came to himself, ran to the prisoner, and asked him why he shot him—he said, "Oh, it was only loaded with dust-shot"—the prisoner had turned from him to go home—my brother then asked him to go to a doctor's with him, which he did, but he was
not at home—after walking about a good deal, we got a policeman, and went to the station-house, where the doctor took some shot out of my brother's arm.
Cross-examined. Q. Was not what the prisoner said, "I did not know that it was loaded?" A. I did not hear him say so—I saw him give up the gun to one of the young men who was with him, and he went away With it.
GEORGE PANELL BUDD (police-constable K 263.) On the 23rd of February Angelo Smith came to me—I went with him to Bethnal-green church, and there found the prosecutor walking with the prisoner—he was sober—I saw blood flowing from his eye—we went to two doctors, but did not find them at home—he then gave the prisoner in charge, for wilfully shooting at him—the prisoner heard it, and said nothing—he was asked at the station-house why he did it—he said he was provoked, but still had he been aware the gun was loaded, he should not have presented it as he did.
Cross-examined. Q. Did he not appear very sorry? A. He did not say any thing to me—he did not say in my presence that he was walking along, and there were some men with a gun, but I was only there a short time, as I had to go for the doctor—Dr. Storey saw him at the station-house—he is not here.
EDWARD CHARLES WILLS . On the 23rd of February I was on duty at the London Hospital, as house-surgeon—the prosecutor was brought there—I heard that he had previously seen some other medical man—I found his right eye lacerated, several shot-marks on the arm, two on the face, just below the eye, and a few on the thigh—I examined the eye, but could not ascertain whether there were any shot-marks in it—on the Wednesday following I removed one shot from the eye—I fancied some others remained in the eye, but have never been able to satisfy myself of that—he has quite lost the sight of his eye—I fear he will never recover it.
Cross-examined. Q. Then there is some hope? A. Possibly cataract might arise from it, and in that case he might be operated upon, and recover his sight, not else—the shot was lodged in the centre of the globe—it is the smallest shot that is made—here is the shot that I removed from the eye—(producing it)—it is called dust-shot—I removed one from the eye and two from the arm, and I saw a few had been removed—there were about thirty shot-marks.
(MR. PRENDERGAST, on the prisoner's behalf, stated, that he was walking in the fields, and saw three or four men shooting sparrows; he took up the gun, not knowing it was loaded, and on the prosecutor saying he could not hit the hole in his glove, he fired it off, and then gave it back to the person it belonged to.)
(The prisoner received a good character.)
GUILTY of an Assault. Aged 36.—" Confined Two Months.
1204. JOHN WILLIAMS was indicted for stealing, on the 5th of March, at St. Andrew, Holborn, 1 coat, value 2l. 10s., the goods of Henry Robert Watts; 2 coats, value 6l.; 7 pairs of trowsers, value 4l.; 7 waist-coats, value 1l. 6s.; 3 shirts, value 10s.; 1 scarf, value 4s.; 1 handkerchief, value 4s.; 3 pairs of gloves, value 2s.; 1 dressing-case, value 1l.; 1 watch, value 5l.; I watch-ribbon, value 6d.; 1 slide, value 1l. 10s. 1 seal, value 1l.; 1 watch-key, value 5s.; 1 eye-glass, value 15s.; 1 pincushion, value 6s.; 2 pieces of foreign silver coin, value 18d.; and 1 sixpence, the property or James William Watts, in the dwelling-house of James Watts .
JAMES WILLIAM WATTS . I live at the White Horse public-house, High Holborn. The house belongs to my father, James Watts, and is in the parish of St. Andrew, Holborn. On the 5th of March I missed the articles stated—I had seen them safe about a quarter of an hour before twelve o'clock that day on the floor—part of them were in drawers—the dressing-case and Macintosh were not—at two o'clock that day the prisoner came into the coffee-room, sat down, and called for some beer and the newspaper, while myself and two other persons were dining in the same room—he was taken into custody in the house, about half-past two o'clock, and a satin waistcoat and silver watch found on him in my presence—the other clothes were lying on the table—the waistcoat was in his hat—the dressing-case was lying on the table in the bar-parlour—on opening the bundle, it contained the other articles—it waft tied in a black silk handkerchief, which has since been given up to the prisoner.
Cross-examined by MR. DOANE. Q. Are you living with your father? A. Yes, as his clerk—the articles have been given to me by my father—I am nearly nineteen years old—my brother is twenty—he is not here—I know this is his coat.
GEORGE WAKELING . I am waiter at the White Horse public-house. The prisoner came there on the 5th of March, about a quarter to twelve o'clock, and asked for a glass of half-and-half-and a newspaper, which I served him with—there was nobody but him in the coffee-room then—I was afterwards in the kitchen, which is on the first floor, and heard somebody coming down stairs—I went and found the prisoner coming down stairs with two bundles—he was on the first-floor—he had a Macintosh on previously, and I saw he had thrown that over the bundle on his arm—it was not on his person then—I said, "Halloo, what have you there?"—he went down stairs, threw the bundle down, and ran away into the street—I followed him, and called to the cook to take care of the bundle—I gate an alarm in the street, stopped him, and a young man ran with me into Dean-street, and into a green-grocer's shop—I collared him, took him back, and gave him in charge—two or three pairs of gloves and a watch was taken out of his pocket, and a satin waistcoat out of his hat—he then wore mutaschios, which he had not on before the Magistrate—I never lost sight of him till he was stopped.
Cross-examined. Q. There was no body else in the coffee-room? A. Yes, when we first went in there were two or three—I fancied I heard a noise before—the prisoner was then in the room I showed him into—there is an ordinary there every day.
ELIZABETH SELF . I am cook at the White Horse. On the afternoon of the 5th of March I saw the prisoner on the stair-case going down with the bundle—when he got to the bottom of the stairs he dropped the bundle and a Macintosh, and ran away—I took them up and threw them into the bar-parlour—they were afterwards delivered to the constable—after he came back he put the Macintosh on.
JAMES GARNER (police-constable E 182.) I went to the White Horse public-house in consequence of information, and took the prisoner—I found on him a watch, a Macintosh coat, and a satin waistcoat in his hat—he
was wearing the Macintosh—I found about three pairs of gloves in the pocket, a gold guard round his neck, and a gold watch in his waistcoat pocket—he wore mustachios.
Cross-examined. Q. I believe the gold watch and chain are not claimed by the prosecutor? A. They are not.
JAMES WILLIAM WATTS re-examined. This is my silver watch and satin waistcoat—both the Macintoshes were thrown down when he left—the dressing-case was in the bundle—this eye-glass is mine—there are two coats and seven pairs of trowsers—the watch and seals together are worth 7l.—I am certain they are above the value of 5l.
GUILTY. Aged 24.—Recommended to mercy. — Transported for Ten Years.
NEW COURT.—Saturday, April 11th, 1840.
Sixth Jury, Before Mr. Common Sergeant.
1205. JAMES MILLARD was indicted for stealing, on the 21st of February, 2 watches, value 5l.; 3 watch-chains, value 1s.; 2 seals, value 6d.; and 5 watch-keys, value 6d.; the goods of Joseph Bymer; to which he pleaded
GUILTY . Aged 19.— Transported for Seven Years.
GUILTY . Aged 16.— Transported for Seven Years.
THOMAS BASFIELD . I am a tailor, and live in Aldgate. On Saturday last I was in my shop, and saw the prisoner snatch a coat from off the block inside the door—he ran off—I went after him and he threw the coat down, and while I was picking it up he got a few yards a-head—he was then brought back by the policeman.
Prisoner. Q. By what do you identify me? A. By seeing your face very plainly—I did not refuse to sign my deposition.
Jury. Q. Did you ever lose sight of the prisoner? A. Yes, while I was picking the coat up—a wagon was going past at the time—I saw him very plainly take the coat, and I was within arm's length of him for one hundred yards.
Prisoner. Q. Did not the prosecutor refuse to sign the deposition on Monday? A. No, he never refused at all—there was a very heavy case on—he wanted to go borne to his business, and signed it the next day.
Prisoner's Defence. I was in Fenchurch-street, and heard the cry of "Stop thief"—I saw the prosecutor take the coat up—I ran after the person, but lost sight of him at the corner of Duke-street—I was then taken—I told where the cry came from, and walked back to the shop—the prosecutor said he thought it was me by my having a hat band on—I only came from Birmingham on the Monday before.
GUILTY .** Aged 22. Transported for Seven Years.
HENRY BURBRIDGE . I keep the White Horse livery stables, Upper North-place, Gray's Inn-road. I had two carriage-glasses and two horsecloths safe on Friday, the 3rd of April, and the next rooming they were gone—my outer gate had marks both inside and outside, as if a person had climbed up and got in—these are my glasses—I know them by the strings.
THOMAS PERRY . I am in the prosecutor's service. On Friday night, the 3rd of April, I locked my master's gates at half-past twelve o'clock—there were marks on the gates the next morning, as if a person bad got over—I know these are my master's glasses—one is plate glass, and one is not—I have no doubt of their being my master's.
DAVID ELLIOTT . I am ostler to the prosecutor. On Saturday morning last I came to the yard about twenty minutes before five o'clock, and found the gates open—I went down the yard and saw two whip-sticks under a cab, with the thongs cut off, and the glasses were gone out of the cab—these are them.
GEORGE NORTH (police-constable G 99.) About three o'clock last Saturday morning I stopped the prisoners—Watson had these cloths wrapped round these two glasses—I asked him what he had got—he said they were cab glasses, and directly Bartlett stepped up, and said they were his, that he brought them from Mr. Langridge's, in Eagle-street, and that he drove, for him—the cloths have the prosecutor's name on them—I found the driver's license on Bartlett.
BARTLETT— GUILTY . Aged 21.
WATSON— GUILTY . Aged 20.
Confined Six Months.
HENY ELDRIDGE . I am shopman to James Davies—he is a linendraper, in White chapel-road. On the 13th of March, about four o'clock in the afternoon, the prisoners came to the shop—I showed them several things, and after a time Elizabeth left the shop—suspicion was excited, I followed her, and saw her outside the window—I attempted to look in her basket—she moved off, and I followed, and brought her back—I found in her basket these two new dresses, one of which belongs to my master—her mother, (the other prisoner,) who was all this time in the shot), asked what she had been doing, and the girl screamed out to her mother—they had been close together while they were in the shop.
Cross-examined by MR. PHILLIPS. Q. You found the mother in the shop when you came back? A. Yes.
M. WESTMORE— NOT GUILTY .
E. WESTMORE— GUILTY . Aged 10.— Confined One Month.
at Stratford. On the 4th of March the prisoner Maria came into our shop with a little girl, but I cannot swear that it was the prisoner Elizabeth—when they had left about a quarter of an hour I missed a piece of Irish linen—a part of it is here now, which has our private mark on it.
JOHN BATEMAN . I am foreman to Mr. Crawley, a pawnbroker, at Bow. I produce these remnants of cloth which I took in of the elder prisoner—they are new, but I know her husband is a respectable man—he is a sawyer, and can earn from 3l. to 4l. a week.
(Both the prisoners received good characters.)
M. WESTMORE— GUILTY. Aged 83.—Recommended to mercy.
Confined Three Months.
E. WESTMORE— NOT GUILTY .
Cross-examined by MR. DOANE. Q. At what time? A. About ten o'clock—I missed it between one and two o'clock, when the policeman brought it.
Cross-examined. Q. Were they in a basket outside the door? A. Yes—a young man took them away from the prisoner in my presence, about fifty yards from the shop—they were under her apron—she offered to pay for them.
JESSE M'PHERSON . I live in White Horse-street Stepney. On the 4th of April, about twelve o'clock, I was at the cornet of the street, near Mr. Vesper's shop—I saw the prisoner take a pair of shoes out of the basket, and put them under her apron.
(The prisoner received a good character.)
GUILTY. Aged 23.—Recommended to mercy. — Confined One Month.
1212. JAMES PERKINS was indicted for stealing, on the 20th of March, 1 counterpane, value 6s.; and 2 plates, value 1s. 6d.; the goods of Charles Astle, his master: and 2 plates, value 3d.; 1 towel, value 1s.; 1 egg-cup, value 2d.; I wine-glass, value 3d.; and 3 keys, value 1s. 6d.; the goods of John Austin, his master.
SARAH ASTLE . I am the wife of Charles Astle—I live at Tottenham—the prisoner was groom to my brother, John Austin. I lost a counterpane and two plates, the other articles were my brother's—this is my counterpane—(looking at it)—and these two plates—no one could get to them without picking the lock—there is a little roughness on one of these plates, and the other has a little yellow mark on the back—the key of the place where they were kept was found on the prisoner—he did not lodge with us—the only thing I would venture positively to swear to is this counterpane, and the other things resemble what are lost.
Cross-examined by MR. PAYNE. Q. When you were going with your other servant, Dorrington, to the station-house, did you not meet this prisoner, and give him into custody? A. My brother did—my husband is not here.
ROBERT BUTCHER (police-constable N 37.) I was sent for to the prosecutor's house—I found the prisoner's box down in the kitchen—I got the key from him, and found in it all the articles now produced—MR. Austin and Mrs. Astle were present when I searched it—I found in it this key, which fitted the wine-cellar—I found on the prisoner this other key, which he said was the key of nothing, but it fitted the store-room.
Cross-examined. Q. When you searched the box the prisoner was; not present? A. No.
GUILTY. Aged 22.—Recommended to mercy. — Confined Four Months.
1213. EDWARD ROBINSON was indicted for stealing, on the 31st of March, 1 coat, value 1l. 5s.; 1 pair of trowsers, value 1l.; 1 waistcoat, value 10s.; and 1 handkerchief, value 1s.; the goods of Samuel James Radden.
SAMUEL JAMES RADDEN . I lodge in Reform-place, White Cross-street, and am a smith. The prisoner lived in the same house with me—these articles are mine—(looking at them)—I lost them on the 31st of March.
GUILTY .* Aged 12— Transported for Seven Years.—Isle of Wight.
ELIZABETH DAVIS . I am the wife of Henry Robert Davis. On the 8th of April, about eleven o'clock in the morning, the prisoner came to take an apartment—I showed him one up stairs, and then we proceeded to the parlour—he asked for a pen and ink to write his address, and then asked for a glass of water—I took a glass, and went to the back parlour to wash the glass—I heard him at the mantel-piece—I looked, and saw him put something into his pocket—I then came into the parlour, and saw him put something into his hat—I heard a knock at the street-door, I went, and it was a gentleman applying for apartments—I said I had only one room—he wanted two, and went away—I returned to the parlour—the prisoner gave me his direction, and went away—I followed, and saw him running up Stanhope-street—I pursued him up another street, and then I kicked against this apron and pinafore—I stopped to pick them up, and then followed the prisoner—I lost sight of him at the bottom of Wild-street, and in a few minutes I saw him in custody—I missed a cloak, a child's pinafore, an apron, and two ornaments—these are them—(looking at them.)
Prisoner. Q. Can you swear I took them? A. Yes, because they were in my parlour when you went there—I did not see you throw them away.
child's cloak, and said to him, "You have just dropped this cloak"—which he did not deny.
GUILTY .* Aged 55.— Transported for Seven Years.
1215. RICHARD TYLER was indicted for stealing, on the 13th of March, 1 bed, value 3l.; 1 bolster, value 10s.; 1 pillow, value 8s.; 2 sheets, value 8s.; 1 counterpane, value 5s. 6d.; 1 blanket, value 6s.; and 10 yards of rope, value 6d.; the goods of George Ross.
GEORGE ROSS . I live in Charles-street, Middlesex-hospital, and am a tailor. The prisoner took a ready furnished lodging of me on the 13th of March—I went to bed that night, and about half-past ten o'clock I heard a noise, and about half-past twelve o'clock I heard the prisoner open the street-door—I went to him, and he asked me for the water-closet—I showed him the way, and went up stairs again—I then heard him run out—I pursued him, and took him with my sheets round his body—the bed was taken off his bedstead, and rolled up with the other things, ready to be removed.
Prisoner's Defence. I was reduced to great distress, and have two children to support—it was my intention to have sent the bedding back in a fortnight, when I should have got employ.
GUILTY . Aged 38.— Transported for Seven Years.
1216. CATHERINE FITZGERALD was indicted for stealing, on the 22nd of March, 3 handkerchiefs, value 8s.; 1 comb, value 1s.; 1 apron, value 6d.; and 1 pair of cuffs, value 1d.; the goods of Charles Millingen; to which she pleaded
GUILTY. Aged 19.—Recommended to mercy. — Confined One Month.
(The prisoner received a good character.)
1217. WILLIAM PINFOLD was 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 he had been before convicted of felony.
SARAH BRIGG . I am the wife of John Thomas Brigg, of Lamb's-passage, Chiswell-street. On the 7th of January I sent my daughter Martha Sarah, about four o'clock in the afternoon, for a quartern loaf—she is six years old—I gave her a crown-piece in a steel purse—in about ten minutes I heard her scream, and then she screamed again—I went out, and Palmer told me something—the child had the basket and loaf, and she ought to have had 4s. 4d., but she had nothing—she said they had taken it out of her hand.
ELIZA ROBERTS . I am the wife of George Roberts, a baker in Chiswell-street. The little girl came to me for the loaf—I gave her four shillings and four pence change—she left me with the purse, money and loaf in the basket.
THOMAS JOHN PALMER . I live in Cooper's-court, Wilson-street. On the 7th of January I was in Lamb's-passage, Chiswell-street, about half-past four o'clock—I saw the prisoner and two other persons taking away the money from the child, who had a basket, and a loaf of bread in it—I saw the prisoner put his hand on the child's face, and Wood, who has been convicted, took the money from her.
Cross-examined by MR. PAYNE. Q. What were you doing? A. I was going along, to go over the water—I can swear that I recollect the prisoner, I saw him for about three minutes—I saw him again at the station-house
one Saturday, I cannot recollect how long ago—I swear he is the person—I had never seen him before this.
ROBERT EDWARD DOCKING . I keep the Coach and Horses public-house. A little before five o'clock that evening, the prisoner and two other persons came to my house for some ale—MRS. Brigg came in soon after, and asked if such persons had been there, I said, "Yes," and they were gone out the back-way—while they were in my house a woman came to the door and beckoned them out—they went out and left the ale and money behind—they at first called for a pint, and the prisoner told me to make a pot of it.
Cross-examined. Q. How do you know it was the 7th of January? A. Because the time was taken notice of—I had a friend in the bar, and when they were called out I took notice of it—I gave evidence in the case of Wood and the other about a week after—they were taken on the Monday following.
JAMES BRANNAN (police-constable G 20.) I apprehended the other two prisoners on the 13th of January, in Cherry-tree-alley—this prisoner stood opposite, and when I took the female he ran away—I have been looking for him ever since.
Cross-examined. Q. Did you not know where he lived? A. Yes—I have been there repeatedly, and to other places—I know where his father lives, and have inquired there for him.
GUILTY . Aged 19.— Transported for Ten Years.
MARGARET DAVIES . I live in Peter-street, Westminster, and am the wife of David Davies. I knew the prisoner, and allowed her out of charity take her meals at my house—about a month ago I missed a shawl out of my room—this is it, and the one I missed—(looking at it.)
Prisoner. You lent it me. Witness. I lent it her once, and she retuned it—I did not lend it her again—she had no right to pawn it.
ELIZABETH SMITH . I live in Ann-street, Westminster. I know the prisoner by seeing her in Charing-cross Hospital—she came to me one Saturday afternoon and bought a pennyworth of chesnuts, and on the Sunday she gave me the duplicate of this shawl and two others—I gave them to the officer—the prisoner borrowed sixpence of me and told me she lived at the prosecutor's and had not left there.
Prisoner's Defence. I called at the prosecutrix's house; she said she would employ me; I was there five weeks and three days for 1s.; she lent me the shawl twice. I was in great want, and pawned it.
GUILTY . Aged 30.— Confined Two Months, without hard labour.
Fifth Jury, Before Mr. Sergeant Arabin.
1219. WILLIAM WALKER and FRANCIS GRIFFITHS were indicted for stealing, on the 27th of March, 128 lbs. weight of lead, value 18s., the goods of the Earl de Grey and others, and fixed to a certain building; against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
collector of the rates of St. James's-square—the square and the ornaments on the east, north, and west sides of it, are vested in certain trustees, by an act of parliament—Earl de Grey is one of the trustees, and there are more than one other. On Saturday afternoon, the 28th of March, I went into the square, and observed that the lead had been stripped off the roof of the summer-house there—I had seen it safe the day before—it bad been placed on the summer-house by Messrs. Knight, by my direction, and I paid for it out of the funds furnished by the trustees—I have since seen the lead fitted to the place—this is it—(produced)—these two pieces I particularly know as having some paint attached to them, as there is to the other parts of the building—it had been nailed down.
JOSEPH JUDGE . I am in the employ of Messrs. Knight, of York-street. In 1837 I laid the lead on the summer-house, in St. James's-square—on the 30th of March I went to that summer-house, and this lead was produced to me—I compared it with the place from whence lead had been taken, and in my judgment it had been taken from there—it tallied in all respects.
WILLIAM MILLERMAN (police-constable B 95.) In consequence of information, on Friday night, the 27th of March, I apprehended Griffiths in Brewer's-green, Westminster—I asked if he had seen Walker that evening—he said he had not—I asked him if he knew any thing about any lead—he said, "Yes, I have, you know all about it"—I compared the lead with the place, in company with the plumber, and it corresponded exactly.
WILLIAM BUTLER (police-constable B 139.) About a quarter-past nine o'clock, on Friday evening, the 27th of March, I met the prisoners in Tothill-street—they were together, but Griffiths was rather before Walker, and was carrying a bundle—I stopped him—he said he had got some lead, which he brought across the park—I called to Walker to stop—he had got some lead—I said I would take him to the station-house—he struck me with this piece, and kept brandishing it at me, and said I should not take him—another officer came up, and we took him to the station-house—Griffiths got away—as Walker was going to the station-house he threw down some lead, and at the station-house I took some more from his jacket pocket, rolled up—I found a knife on Walker, which appeared to have been cutting lead.
Walker's Defence. I was coming from work, and saw this lead alongside the south rails in the park.
Griffith's Defence. Coming across the park, I picked it up.
WALKER— GUILTY . Aged 21.
GRIFFITHS— GUILTY . Aged 23.
Transported for Seven Years.
1220. WILLIAM PARKER was indicted for stealing, on the 4th of March, 1 coat, value 80s.; 1 handkerchief, value 5s.; 1 pair of gloves, value 1s.; 1 pair of curling-irons, value 6d.; 1 pair of scissors, value 1s.; 1 comb, value 6d.; and 1 brush, value 6d.; the goods of John Taylor, his master.
JOHN TAYLOR . I am a hair-dresser. The prisoner had the care of one of my shops in Old-street—he worked for me two years—he had 6s. a week, board and lodging—on the 4th of March, when I came home to dinner, he said a gentleman wanted his hair cut—I left, and went to my other shop, and supposed that he was gone to cut the gentleman's hair—my wife sent word to me that he had absconded—she was at the shop when he went out.
Prisoner. Q. Are you aware that Mr. Taylor lent me the coat? A. I was not there—I did not lend it—I had seen my handkerchief safe on the 2nd of March—it is not customary for hair-dressers to carry tools of this description in their apron-pockets—I have seen the prisoner with these tools.
EVERILDA TAYLOR . I am the wife of John Taylor. The prisoner was in my husband's employ; and, on the 4th of March, he said at dinnertime that he was going to cut a gentleman's hair at the corner of Bath-street—he put on my husband's coat, then turned to me, and said, "Don't I look nice?"—he said it was cold, and I told him to make haste—he went out, and was gone a long time—I then went to the gentleman at the corner of Bath-street, and he had not been there.
Prisoner. Q. Did you not ask me to put that coat on? A. No, I did not—the handkerchief was in the coat-pocket—it is customary to carry tools in the apron-pocket when you go to cut hair.
DANIEL SEXTON . I am an officer. On the 6th of March the prisoner came to my house in Maidenhead, and said he wanted to deliver himself up, as he had robbed his master in London of a coat, curling-tongs, and other things—he had a pair of gloves, which he said were his master's—I took him to a Magistrate, who ordered me to write to London.
Prisoner's Defence. Mrs. Taylor lent me the coat; I went to cut a gentleman's hair, and he was not at home; I took a walk, and met some friends, I got tipsy, and disposed of the coat; I wandered to Maidenhead, and when I came to myself I delivered myself up.
NOT GUILTY .
AMOS EPHGRAVE . I am the son of Mary Ephgrave; she keeps a little farm at St. Stephen's, in Hertfordshire—she sent me to town on the 10th of October, with half a load of hay to sell—the prisoner met me at Paddington—I had a slight knowledge of him before, but I had never sold him any hay—he asked how much I wanted for that hay—I said 2l.—he said he would give me 36s. for it, and it was for his master, it was not for himself—I said, very well, he should have it—as we were going along I asked if his name was not Catlins—he said, "No"—we went on to a yard in West-minster—he went in, and said his master was not at home there—we then went on to Tothill-street, and I saw him speak to Mr. Wall, who I thought was his master—he then came, and told me to go into the yard and unload, which I did—I then asked him for the money—he said, "If you will wait ten minutes I will bring you the money—I waited for an hour and a half, and he did not come—I then spoke to Mr. Wall, and told the police-man—I went to my mother without the money—I saw no more of the prisoner till I went before the Magistrate at Edgware—I then knew him.
Prisoner. Do you recollect telling me any thing when I was coming along the road handcuffed? Witness. Nothing that I am ashamed of—I did not say that Mr. Butler told me I was to swear to you as being the man—he did not tell me to say you was the man; nor that your name was Catlins—I swear you are the same man—you told me to say it was a man very much like you, but I did not think you was the man.
this boy was with him—the prisoner came up the yard and asked me to buy the hay—I said it was not good enough—he said he would sell it accordingly—I went down and saw the boy with the load—I said to the prisoner "I will give you 1l. 15s. for it, but I don't want it"—I walked away—he came and said I should have it—he unloaded it, and I paid him 1l. 15s. for it.
JOHN HILDITCH . I am the master of Watford Union Workhouse. I produce a certificate of the prisoner's former conviction at St. Albans, which I got from the policeman who had it from Mr. Storey, the Clerk of the Peace—I know this is Mr. Storey's writing—(read)—I was a constable at the time—the prisoner is the person.
Prisoner's Defence. I was at work in the country; when I was taken, Mr. Wall and his servant both came and said I was not the man; and in about an hour they took me to Mr. Wall's house, where I saw a woman who I suppose was his wife, and she said I was not the man he had paid the money to; I was at work at Stanmore at the same time.
GUILTY . Aged 23.— Transported for Fourteen Years.
ROBERT GRIMES HURST . I am in the service of Her Majesty's customs. Late on Friday night the 4th of April, or early on Saturday morning, I was in Bishopsgate-street, walking home—I was sober—I was accosted by two women who importuned me to go with them—they took hold of my arm, and after some difficulty I shook them off and got rid of them—I said I would have nothing to do with them—my purse was in my trowsers pocket—it contained a 5l. note, about five sovereigns, and four or five shillings—I lost it, but before I discovered it, the girls had gone away—I told a policeman—I then went home, and about five o'clock was called up, and saw the prisoner in custody—I cannot swear that she was one of the persons with me.
Cross-examined by MR. PAYNE. Q. Did one person put her arm round your waist? A. I believe she did, I cannot say—she took hold of my arm—I endeavoured to shake them off, and after a minute or two I got rid of them.
JOHN HASSELL (City police-constable, No. 392.) I was on duty in Bishopsgate-street at a quarter-past one o'clock at night—I saw the prisoner and another female standing in conversation about ten yards from the Vine inn—I came on and saw the prosecutor—they went to him and the prisoner took hold of him, the other walked on, and after they got some distance, the other took his arm, and they walked on out of sight.
Cross-examined. Q. This was past one o'clock? A. Yes—they were not together more than a minute—they crossed the street and took hold of him while he was passing by—I saw him again in about three quarters of an hour, and be told me he had been robbed.
they crossed the road, and the prosecutor turned into Clark's-place, and as he came out the prisoner took his arm.
MARTIN BOOTS (police-constable H 172.) About half-past one o'clock on the morning of the 4th of April, the prisoner came and asked me where she could get something to drink—I said I could not tell—I saw her go on, and under several lamp-posts she appeared to be counting money out of one hand into the other—I saw her again at the corner of Spital-square—she wanted to give me sixpence, which I would not take—I then met another officer, went with him, and we took the prisoner in a house with some money—she said, "You are all men alike, take and divide it"—she then said, "I robbed a gentleman in Bishopsgate-street," and in going to the station-house she said, "I robbed a swell in Bishopsgate-street, and you do not blame me"—she had three sovereigns and a half in one hand, and some silver in the other—we cannot trace the note.
Cross-examined. Q. She was the worse for liquor? A. Yes.
FERDINAND M'KEE (police-constable H 4.) Boots came to my station and said a gentleman had been robbed—I accompanied him to the prisoner's house—he took her—we had to use force in taking the money from her—from one hand I took three sovereigns and one half-sovereign, and from the other three half-crowns and some silver—I found this purse next morning in a cupboard in the room where she lodged.
Cross-examined. Q. Did she say going along that she had the money from a Quaker and a Methodist? A. She said at first she had it from Scotland, and afterwards she said from a Quaker and a Methodist—she was in liquor—I made search, but the purse was not there when we took her away.
ELIZABETH PLANT . My husband is a licensed victualler. The prisoner called about one o'clock, or a little after, on the night in question, and left a sovereign for me to take a small debt that she owed—I did not know exactly what it was—she said she would call in the morning and take the change.
GUILTY .* Aged 32.— Transported for Ten Years.
1223. EVAN DAVIS was indicted for stealing, on the 8th of April, 1 pair of trowsers, value 1s. 6d.; and 1 comforter, value 6d.; the goods of Joseph Griffin; in a vessel in a port of entry and discharge.
THOMAS PARSONS . I am acting gate-keeper in the London Docks, which is a port of entry and discharge. I was at the gate on the 8th of April, and saw the prisoner going out—I had some suspicion—I stopped him, seeing him rather bulky about the body, and on searching him, he had this pair of trowsers and comforter—he was not at work at the Docks.
Prisoner's Defence. I was going through the Docks to try to get a ship; I spoke to a man close to a vessel; I was very hungry, and had no friends; he told me to stay a little while, and he would bring me something to eat; he brought me these things, and told me to sell them.
GUILTY . Aged 30.— Confined Three Months.
1224. CHARLES ATTWOOD was indicted for stealing, on the 22nd of March, 1000 percussion-caps, value 10s.; 36 cartridges, value 5s.; and 1 bullet-mould, value 1s.; the goods of William Alexander Tinkler: and 7 bottles, value 1s. 6d.; and 7 quarts of wine, value 1l.; the goods of William Tinkler, his master.
EDWARD SYMES . I am a policeman. I was on duty on the 22nd of March at Knightsbridge—I met two young men, one had a box on his shoulder—I questioned them, and then opened the box, which contained these articles—in consequence of what they told me, I went to the house of Mr. Tinkler, the prisoner's master, in High-street, Putney, the same morning, between ten and eleven o'clock—the sergeant went in, and brought the prisoner out to me—we took him to the station-house—he said he was sorry for what he had done, he knew it was wrong; he had found a bunch of keys in an out-house, and one of them unlocked the place where the key of the wine-cellar was kept, and he took the wine; that the percussion-caps and cartridges belonged to his young master; he kept a quantity in one of the rooms, and he had taken these and the bullet-mould from him—he at that time knew we had found the property on the other two men—he also said he went to Mr. Wise, in High-street, Putney, to purchase a lock to put on this box, and seeing a number, of locks there, he took the locks which were found, and theft he did not know what to do with them, and had sent them off to London—I produce the property.
Cross-examined by MR. PAYNE. Q. Where did this take place? A. Partly on the road—I asked him what the meaning of this was, shortly after he came from his master's house—the sergeant was behind me—when the prisoner told me this, I told him he need not confess—I have seen him before passing through Knightsbridge.
HENRY CURLING . I am a gentleman's; servant, and live at Putney. I know the prisoner by seeing him out with fetch—I have been out of place four months, and the prisoner offered me a trifle to come and carry the box to town—I could not get a buss—fetch and I went to Mr. Barton's, a shoemaker, where the prisoner pointed out the box—Petch and I were taking it to town, and the officer met us.
MAURICE MULCAHY . I am a police-sergeant. I went to the prosecutor's house, and saw Mr. Tinkler, senior—I stated to him what brought me there—he rang the bell, and had the prisoner called into the parlour—when he came I cautioned him against saying any thing but what he thought proper, as what he said would be given in evidence—MR. Tinkler asked if he had taken these things—he made no answer—MR. Tinkler said he was not well, and I should wait till his son came from church, to go up stairs with the prisoner to search his box—when his son came we went up and found the locks and keys, and three keys fell from the prisoner on the floor—I took them up, and told the prisoner he dropped them—he said, "No, they dropped from the bed"—I said, "No, they are warm," then he said he had dropped them, and he had found them in an out-house—I found they unlocked the store-cupboard, the wardrobe, and the cellaret; and then the mystery was how the wine could be got out of the cellar, as we had no key that unlocked that—while we were in the passage, Mr. Tinkler's son came out and said the mystery was solved, that the key of the wine-cellar was in the store-room—the prisoner then acknowledged that he took the wine, and we did not go down to see.
part is my father's—his name is William—I have heard what the officer has stated—that part of it which occurred in my presence is correct.
(The prisoner received a good character.)
GUILTY. Aged 18.—Recommended to mercy. — Confined Six Months.
1225. LOUISA THOMPSON was indicted for stealing, on the 24th of March, 2 saddles, value 8l.; 8 girths, value 10s.; 1 cushion, value 15s.; 2 bridles, value 2l.; 4 stirrups, value 10s.; and 4 stirrup-irons, value 10s.; the goods of Edward Mitchell.
THOMAS JENNINGS . I am in the service of Edward Mitchell, who keeps his horses in Chester-mews, Pimlico. On the 24th of March, about half-past eight o'clock, Chaplin came and asked if I had locked my stabledoor—I said yes—he said it was open then—I went and found the door of the stable half open—the saddle and other articles stated had been taken from the pegs where they had been, and were put into two bags at the stable-door—I had left them all safe about a quarter-past seven o'clock—these are my master's property—(looking at them.)
RICHARD CHAPLIN . I am postman at the Talbot inn. About half-past eight o'clock I saw the door of the stable open—I pushed against it, and said, "Who is there?"—the prisoner said, "I am glad you have come back; I have been waiting for you"—I asked if she had been waiting for me—she said, "Yes; you belong to this stable"—I said no, I did not, but I would take her to the person who did, and I took her to Jennings.
Cross-examined by MR. PAYNE. Q. Had you observed any person going away from there? A. Yes, I saw two men near the stable-door—one of them came towards me, and the other crossed the mews.
NOT GUILTY .
1226. ELIZABETH REES was indicted for stealing, on the 14th of March, 2 half-crowns, 1 shilling, and 3 halfpence; the monies of John Perkins, from his person: and JOHN PEAT , for feloniously harbouring the said Elizabeth Rees, well knowing her to have committed the same felony; and that Peat had been before convicted of felony.
JOHN PERKINS . I live at Cock Foster, near East Barnet. I met the prisoner Rees at the Green Man tavern, at Barnet, and Peat was with her—it was on a Saturday night, about half-past eleven o'clock—I was sober—Rees asked me to give her some drink, which I did, and then she asked if I would go with heir—I said I did not mind—we went to the footpath that leads over to Barnet—we left Peat in the house—I had then two half-crowns, two shillings, and three halfpence in my left-hand waistcoat-pocket—I gave Rees 1s., and while I was with her I felt her hand feeling about my pocket, and immediately I missed my money—I took hold of her, and intended to give her to a policeman, but I could not see one—Peat then came up, rescued her from me, and knocked me down with his fist—he said, "You accuse her of the money"—he gave me a blow in the eye—he took her away, and went away—a policeman came up and took them.
in the public-house—Rees and the prosecutor then went out, and after that I met the prosecutor, who said he had been robbed.
Peat. Q. Did you not drink with me? A. Yes—I did not come out with you—I was not drunk, nor was the prosecutor.
ALFRED DRAGE . I am a policeman. On the night of the 14th of March, the prosecutor came and said he had been robbed of 6s. 1 1/2 d. in the lane—I went to a house kept by one Townsend, and demanded admission—they refused to let me in—I went again and entered the house—I found the two prisoners in bed together in a room that Peat rents—the prosecutor gave them in charge for robbing him—he was quite sober when he came to me.
Rees's Defence. The prosecutor had been to the Mitre and raffled for a fish—he lost his money and then said he had been robbed; a policeman took me, and could not find the money on me; the prosecutor would not give me in charge; I then went home, and at three o'clock in the morning the officer took me.
Peat's Defence. Another man took us first, and the prosecutor said, "I will have nothing to do with it, she has not got my money"—I came out of the house with Allen, and the prosecutor struck me—he was drunk, and so was Allen.
REES— GUILTY . Aged 22. Transported for Ten Years.
PEAT— GUILTY . Aged 27. Transported for Fourteen Years.
OLD COURT.—Monday, April 12th, 1840.
Third Jury, Before Mr. Sergeant Arabin.
GUILTY . Aged 18.— Transported for Seven Years.—Convict Ship.
GUILTY . Aged 14.— Transported for Seven Years.—Isle of Wight.
1229. CHARLES GEORGE BRIDGEMAN and MARY COLEMAN were indicted for stealing, on the 28th of March, 2 pain of boots, value 9s.; and 1 pair of shoes, value 2s. 6d.; the goods of David Williams, the master of Bridgeman.
DAVID WILLIAMS . I keep a shoe shop in Albion-place, King's-cross. Bridgeman was my shopman twenty-four days—he did not live in the house—he gave his address, at No. 2, Staples Inn, but I found he did not live there—in consequence of suspicion I set Bell, with a policeman, to watch my shop, as I had lost property to the amount of 50l. or 60l.—on the 28th at a quarter to five o'clock I went to tea—the boots were then safe—one pair hanging at the door, another pair in the shoe-room at the back, and another pair in the window—I was called up stairs in about two minutes, and the female prisoner was taken to the station-house with the
boots in her possession—her face is familiar to me, but I could not be certain that I ever saw her in my shop—the articles produced are mine I am certain.
WILLIAM BELL . I am apprentice to Mr. Crick, of King's-cross. The prosecutor requested me to watch—I stood in front of his shop, and saw Bridgeman come out and rub the window, which I supposed to be a signal for somebody to come—immediately afterwards Coleman came up with a basket and went in—in about five minutes she came out with a basket apparently larger than when she went in—I gave a signal to the policeman to follow me—I followed her to No. 3, Chad's-place, Gray's Inn-lane—I pointed the house out to the policeman—he broke the door open, went in and found the property in her basket, and she was taken to the station.
Coleman. I was not in the shop—I bought the shoes of a man in the street. Witness. When we went into the station-house with the male prisoner, the female was there, and he said, "This is the woman I gave the shoes to, to try on."
JAMES DAVIS . I am a policeman. I was watching the prosecutor's house—Bell pointed out the house in Chad's-place, where I took the female prisoner—I found the new shoes in her basket, and a pair that have been worn in her room—I followed her myself to the house.
Bridgeman's Defence. The prosecutor discharged another shopman for dishonesty; he might have taken the 50l. worth of things.
BRIDGEMAN— GUILTY .* Aged 24.— Transported for Fourteen Years.
COLEMAN— GUILTY . Aged 20.— Confined Six Months.
(There was another indictment against Bridgeman.)
Before Mr. Baron Alderson.
1230. JOSEPH PROCTOR was indicted for feloniously offering, uttering, disposing of, and putting off, on the 25th of January, a false and forged receipt and acquittance, for the sum of 4l. 10s., with intent to defraud Sir William Boothby, Bart., knowing the same to be forged.—Other COUNTS, varying the manner of stating the charge.
MESSRS. ADOLPHUS and CHAMBERS conducted the Prosecution.
JOHN FRANCIS BRICKNELL CABBURN . I am a wine and spirit-merchant, at King's-cross. On the 14th of October I paid duty at the Custom-house, on a cask of brandy, as upon fifty-four gallons, at 1l. 1s. 6d. a gallon—when I received the cask I found it contained fifty gallons only—I made application to the Custom-house to get back the overpaid duty, which was 4l. 10s.—the prisoner, who I knew was a sort of wine and spirit-agent, offered to assist me in getting it back—I saw him about a week after the cask came home—he came to my warehouse, and said, "In consequence of the mistake, you must get this duty back again"—he volunteered to get it, back—he called several times afterwards, and I often asked him why I had not got the duty—he said it was a great trouble, and he could not get it—
in consequence of his not calling upon me for some time, I went, in March this year, to a public-house he frequented, and saw him—I inquired if he had got the duty, or if he had forwarded the papers—he observed that he had been, but that it was refused, on account that if persons would not avail themselves of the opportunity of having their goods re-gauged, they must put up with the loss of it, for the Customs would not allow it—I afterwards went to the Custom-house, and saw Mr. Cole on the subject—I was taken into the inner-office, and was shown this paper by Watson, one of the clerks—I have no minute of what day it was—it was in March—this paper purports to be signed by me, but it is not my signature—I never saw this paper before it was shown me at the Custom-house—I have never received the over-paid money back, nor any part of it.
Cross-examined by MR. THOMAS. Q. Tell me, as near as you can, when you went to Mr. Cole? A. I really cannot speak positively—it was the latter end of March—the prisoner had not told me before that, that he had received the 4l. 10s.—I had not the least idea of his having received any money whatever—I had employed him before this—I cannot tell when I first employed him—I never employed him to get money for me—I did not employ him to get this money, but to pass the papers which I gave him—I did not say that I asked him if he had got the money—I asked if he had passed the papers—I was given to understand by him that nobody could receive the money but myself, but it would require my papers to be passed before I could receive it—I will swear that I never asked him if he had obtained the duty for me—I never authorized him to receive the money, only to pass the papers—(looking at a paper)—this signature is my hand-writing—since proceedings have been taken against him I have received a letter to acknowledge that be held the 4l. 10s. of mine—that was after he denied having received it—this is the letter—(producing it)—it is dated the 9th of March—this letter (looking at another) is my writing, but it is not an answer to that letter—this is dated March 11th—it is an anonymous letter which I wrote to him—he then sent me this letter, dated March 16th, in answer to which I wrote this, dated the 18th—I then received this letter, dated the 19th, from him—in answer to that I sent this one, dated the 20th—I received this on the 21st—I went to Mr. Cole before any part of the correspondence—the correspondence has all taken place since.
COURT. Q. Why say you went to Mr. Cole at the end of March, if the correspondence begins on the 9th of March? A. I am not prepared with dates—it is about a month ago—I think this letter was after I had been to Mr. Cole, after I had seen the paper—this it the anonymous letter I sent to him on the 11th of March.
MR. THOMAS. Q. Will you swear it was before the 11th of March that you went to Mr. Cole? A. Oh yes—I cannot speak to the day—I went to Mr. Cole before I had any correspondence with the prisoner—the last time time I went to Mr. Cole must have been before the 9th of March.
Q. Had you employed any body else to try to get the money for you? A. A Mr. Howard, a person who cleared the brandy, promised me to pass the papers, to get back the duty—I do not think he did it at all, he only said he would do it—he is the person who took me to Mr. Cole—I never bought any thing of the prisoner—I paid 28l. 10s. to Dillon and M'Donald within a month from this time—that was after this correspondence—the fact is, the prisoner charged me with three-quarter casks of
wine, to make out a bill against me, and thinking my name was mixed up with two most respectable merchants, rather than my name should appear shuffling, I went to the gentlemen, and told them, as my name was mentioned as buying the wine of them, I would take the casks, though I never ordered them, and I paid the money to Dillon and M'Donald—it was for wine purchased in my name by the prisoner—I paid it in consequence of seeing a letter from the prisoner, in which their names were mentioned—I have had the article.
COURT. Q. You permit them to deliver it to you in consequence of a contract made by the prisoner? A. Yes—I had not received the wine before I went and paid them the money—I had never bought any wine of him.
MR. THOMAS. Q. I suppose you were very angry that he should fix a bargain on you which you had never made? A. It was not pleasant—he offered in this letter to set off the 4l. 10s. which he had received against the wine.
MR. CHAMBERS. Q. Why did you pay for the three-quarter casks of wine? A. Because I had had transactions with Dillon and M'Donald before, and rather than have my name mixed up and forfeited, I took them of those gentlemen—the prisoner said he had them bought on my account, but I knew nothing of it—he is a wine-agent, not a wine-merchant—I have employed him before to pass papers, in order that the duty might be got back—I never received back any overpaid duty before—I never authorised him to sign my name to any papers.
FRANCIS WATSON . I am clerk of the certificates in the Long Room of the Custom House—I have the custody and delivery of the over-entry certificates. On the 25th of January a person applied to me in the name of Cabburn for an over-entry certificate—it was not the prosecutor—I told him I would give it on his producing the particulars, which are, the name of the ship, the voyage, when the duty was paid, and the amount required to be returned—without that I could not give the necessary paper—the party who got the papers from me did produce those particulars, and represented himself as Cabburn, the proprietor of the lot—I delivered the certificate to him—I made it out myself, and entered it in my book—this is the certificate I entered on that occasion—(looking at it.)
COURT. Q. How is it ascertained that these things are true? A. They have been ascertained by the proper officers where the transaction originates—this is merely a check, to see if they are the right people who apply.
MR. ADOLPHUS. Q. Who makes out this paper? A. That paper originates with Mr. Cole and the parties at the Dock—MR. Cole has signed it—at the time it was made out the names of Cabburn and Proctor were not to it—it is to be made out by the parties interested—I certainly should not have delivered the certificate even on a written authority from Cabburn.
Cross-examined. Q. I suppose this is left with you when the party comes and gets the money? A. Yes—having delivered it, I have nothing further to do with it—the party would sign his name on the receipt of the money, but he would not receive it unless he was the party, or some person with him knew him—the prisoner was not known to me—I have heard that he does business as an agent in the Long-room, I do not know it of my own knowledge—I do not know Mr. Howard—I do not see any one here who I can swear to be the person who came on that day—I believe it was not the prisoner.
TIMOTHY LEE . I am a clerk in the Receiver-general's office in the Custom-house. I know the prisoner perfectly well—I recollect seeing him on the 25th of January in the Receiver-general's office—there was a person with him, who I do not know—it was not the prosecutor, I am quite sure—the prisoner presented this certificate to me—it was signed, "J. B. Cabburn"—all the parties named in the document, except Cabburn, are public officers—I asked the prisoner whether the person with him was the party named in this document—he said, "This is Mr. Cabburn," turning round—I then required the prisoner to put his name to it—MR. Cabburn's name was already to it, and the prisoner put his name under it, in my presence—in consequence of that, I kept the certificate, and delivered a ticket for the 4l. 10s. to the prisoner—that ticket would authorize the prisoner to receive the money—the office requires the party himself to attend, unless he gives authority to any agent or party known at the office, but previous to doing that, his name must be registered at the office, and also the party authorised, and the document itself must be signed by the party—it does not authorise any agent to give a receipt.
Cross-examined. Q. I presume it is your duty to ask questions of persons who come to the office on these sort of transactions? A. Certainly—I have a perfect recollection of this particular case—sometimes the document is perfect when it comes, at other times it is signed in my presence—I generally give the ticket to the party nearest to me—the prisoner was nearest to me—the other person was rather at the extremity—I have known the prisoner as paying money into the treasury, not as an agent, but as a principal—I have known him pay money on his own account.
CORNELIUS LEE . I am employed in the office of the Receiver-general of Customs. In June last I paid 4l. 10s. on a ticket produced to me—the ticket was drawn by the last witness, in the name of J. B. Cabburn—it was presented to me by two persons—I have no recollection who they were—the prosecutor is not one of them, I am certain.
(The certificate, with the order for the payment of the 4l. 10s., was here read.)
M. THOMAS called
JOHN BOSHELL . I live in Waterloo-place, Newington, Surrey. I went to the Custom-house with the prisoner—I do not remember seeing him get a ticket—I do not recollect the day—he had a paper in his hand, I remember—I did not see Mr. Lee there, that I know of—there was a gentleman whom the prisoner spoke to.
JOHN BOSHELL continued. I never saw this paper before (the certificate and receipt)—the prisoner bad a paper, but not similar to this—it was much smaller—it was certainly not this—I think I saw him go into the office of the Customs, and speak to somebody there, but I would not swear it.
Q. What do you know of the circumstance? A. I went into the Long-room there was the prisoner—he asked me to walk up with him, and I went immediately over to the shipping-list, which is quite across the room—I did not hear a word asked about Cabburn.
COURT. Q. You did not know that you were represented to be Cabburn? A. Certainly not.
MR. THOMAS. Q. Should you have heard if such a question had been asked? A. No, 1 should not, I was at such a distance—I did not hear any remark whatever.
JOHN COLLIER . I was at the Angel tavern, John-street, Minories, with the prisoner, when Mr. Cabburn came in—it was between twelve and one o'clock—I cannot recollect the day of the month—I should say it must be about a month or five weeks ago—I knew Mr. Cabburn perfectly well, and he knew me—he asked the prisoner if he had received some money from the Customs—the prisoner said, "Yes, I have placed it to your account; I will make out your account in a day or two, and be with you"—I do not recollect whether Mr. Cabburn shook hands with the prisoner when he left—he seemed quite friendly, from what I saw.
MR. ADOLPHUS. Q. What are you? A. A licensed victualler—I am out of business at present, and have been so about three months—I was out of business when this interview took place—I went to the ale-house to meet the prisoner by appointment—I was going to the Docks with him—Cabburn was there—no paper was produced to me—this was about five weeks ago, it might be six—it was in the early part of March, I should say—I do not recollect the day—MR. Cabburn was in the parlour when I entered—he asked me where Mr. Proctor was—I said, "I expect him here every moment"—nothing was said about papers at all—no sum was mentioned.
JOHN MONKTON . I am the prisoner's solicitor. Last Saturday week I had an arrangement with Mr. Cabburn on behalf of the prisoner—he paid me 30s., and returned me the five shares I now hold in my hand, which he held as security on behalf of the prisoner.
MR. CHAMBERS. Q. At the time the arrangement was made had this charge been brought forward against the prisoner? A. Certainly it had—I did not consider there was any impropriety in my making this settlement, as he said there was money due to him, and Mr. Cabburn did not deny it—there was an account between them—I have not got it with me, as I had no idea that I should be put into the box—I knew it was part of his defence that there was an account between them—the shares are in the North American and West Indian Asphaltum Company.
MR. CABBURN re-examined. The signature to this document is my hand-writing, but no other part of it.
(The following documents, alluded to in the prosecutor's evidence, were read:) "4th January, Wine and spirit department. To the principal officer of Customs, London Docks. Sir,—Please to allow (he over entry certificate; duty overpaid, 4l. 10s. Elizabeth Bally," &c; signed "J. F. B. Cabburn." Directed to Proctor; and underneath was written, "Pay the balance to bearer."—A letter, dated the 9th of March, 1840, from Proctor to Cabburn, expressing his surprise that he should be charged with forgery, and adding, "The over-entry of 4l. 10s., I received a short time back by your authority, which I hold of yours: after such an accusation as this I shall insist on your coming to a settlement with me for the wines you bought of me on the 18th of September, 1839;" and setting out the account between them.—The anonymous letter, dated the 11th of March, 1840, informing Proctor that a warrant was issued for his apprehension at the instance of the Customs.—A note from Proctor, dated the 16th of March, requesting Cabburn to call for the warrants for the three-quarter casks of wine at Dillon and M'Donald's; and a reply from Cabburn, dated the 18th of March, stating, that though he had never purchased the
wine, he was willing to take it.—An account, dated the 19th of March, addressed to Cabburn, charging for the wine, commission, and other things, giving credit for the 4l. 10s., and making a balance of 25l. 15s. due to Proctor.—A note from Proctor to Cabburn, stating that he had authorized Dillon and M'Donald to deliver the wine, upon his paying them 28l. 10s.
MR. CABBURN re-examined. (Looking at the document, dated the 14th of January.)—There appears more writing on this than when I signed it, and there is writing at the back—having confidence in Mr. Proctor, from previous dealings, I did not read it—he brought one which I thought was an authority to pass papers; I signed it, and said to him, "That is to sign papers only"—he said, "Yes; no man can get the money but yourself;" and I then did not read it.
(The prisoner received a good character.)
GUILTY. Aged 48.—Recommended to mercy by the Jury on account
of his good character.— Confined Two Years.
1231. HENRY MILLER was indicted for burglariously breaking and entering the dwelling-house of James Liddon, about the hour of twelve in the night of the 30th of March, at St. Mary Magdalen, with intent to steal, and stealing therein, 4 gowns, value 4l.; 1 shawl, value 15s.; 2 frocks, value 10s.; 1 apron, value 1s.; 3 decanters, value 5s.; 1 decanter-stand, value 5s.; 2 candlesticks, value 12s.; 3 tumblers, value 3s.; 2 salt-cellars, value 2s. 6d.; 1 printed book, value 8s.; 6 knives, value 3s. 6d.; and 6 forks, value 1s. 6d.; the goods of Charles James Berry; and HENRY ASHER , for feloniously receiving 3 decanters, 1 decanter-stand, 2 candlesticks, 3 tumblers, and 3 salt-cellars, part of the said goods, well knowing them to have been stolen; against the Statute, &c.
ANN BERRY . I am the wife of Charles James Berry, a tailor, in Sermon-lane, Doctors' Commons, in the parish of St. Mary Magdalen. Miller was formerly in our employ for eight or nine months, and left about a twelvemonth ago—on Monday night, the 30th of March, I went to bed about half-past eleven o'clock—I was the last person up—the windows and doors were all safe—I got up at half-past seven o'clock in the morning, and found the parlour-window open—the shutters had not been shut—we never shut them—it is in a back yard—the window had been shut down quite tight at night, but any body could lift it up—there is no fastening to it—there are gates to the back yard, which are shut at night, and bolted inside—the porter is the first person to open them—I found them open in the morning—they were bolted the night before—I missed the articles stated in the indictment from the parlour—they were all safe the night before—they were worth more than 10l. to me—I should not think they would sell for that—they would fetch more than 5l.—one of the silk dresses was worth 4l.—I can safely say they were worth more than 5l.—on the Thursday following I saw the lustre, cruet-stand, and glasses at the prisoner Asher's house, in Petticoat-lane—I found the Bible in Kingsland-road, the knives and forks at and there place, and the tumblers and salts were found next day in Asher's house—he is a Jew, and deals in glass.
MARTIN COPPARD . I am the porter. I found the gate open at twenty minutes to five o'clock, when I went to it—I did not notice Berry's window till about half an hour afterwards—I then found it open—I had been about my work during that time in the upper part of the house.
2nd of April, I was on duty in Doctors' Commons—the prisoner Miller came up to me in Great Knight Ryder-street, and asked if I had heard any thing of the robbery in Sermon-lane on Monday evening—I told him I had heard of it on Tuesday morning—he told me he was the man who did it—I looked hard at him, and asked why he should say that he did it, and what his name was—he said his name was Henry Miller—I said that was the name the people of the house said they suspected—I asked how he got in, because the back of the premises come into Sermon-lane—he said he went through the back-door, which was never shut till ten o'clock at night, went through the passage, through a small kitchen into the back-yard, and concealed himself in a dust-hole till past twelve o'clock at night: then got out of the dust-hole, lifted up the parlour-window, went in, and took the property, and that he left the place about five o'clock in the morning.
GEORGE EDIS EVANS . I am a City police-sergeant. I saw Miller at the station-house—I searched him, and asked if he had any duplicates—he said it was useless to look for duplicates, for he had sold the property in Petticoat-lane; that he had sold the dresses to two different people, opposite the dead wall in Petticoat-lane, for 23s., and the glass to a different person—I found by his direction some glasses at No. 1, Raven-row, Spitalfields—these are them—the lustres, decanter, and frame, were found on the Thursday afternoon by his direction at Asher's—there was a woman in the shop when I first went to Asher's—Asher stated that he bought them in a tot of a man on Tuesday morning, for 8s.—the three tumblers and salt-cellars he said he bad sold, but would get them back on Friday, and I went to him, and he had them ready for me—they were included in what he said he had bought of the man in a lot.
Cross-examined by MR. CLARSON. Q. You did not find out that he had made one misrepresentation from first to last? A. Not the least—the liquor-stand was cleaned when I saw it—the copper is all through it—the tumblers are heavy, I believe part of them are cut—I believe the decanters are cut—I saw Asher's wife when I first went—she at once said such things had been bought, and sent for her husband—he gave me an account of them without hesitation—he was taken to the station-house, and bound over in 20l. to appear on Monday—he did appear—I have known him living there for three or four years.
ANN BERRY re-examined. I know all this property found at Asher's is mine—I do not know how much it is worth—we rent the house—James Liddon is the landlord, and occupies part of it with his business, but he does not live in it—he is there every day—his part is separated from the rest—he has the upper part, and we the lower part, but all his men go through our premises—there is no separation between the two—we pay him rent, and he pays the rates.
MILLER*— GUILTY . Aged 29.— Transported for Ten Years.
ASHER— NOT GUILTY .
1232. WILLIAM PENNY and ALFRED PENNY were indicted for breaking and entering the dwelling-house of Timothy Adams Jordan, on the 1st of April, and stealing therein, 1 work-box, value 5s.; 2 rings, value 2l.; 3 brooches, value 1l.; 1 eye-glass, value 5s.; 1 neck-chain, value 5s.; 1 scent-bottle, value 8s.; 1 thimble, value 1s. 6d.; and 1 pen-knife, value 1s.; the goods of Susannah Jordan.
SARAH JORDAN . I am the wife of Timothy Adams Jordan, a smith, in Cumming-street, in the parish of St. Leonard, Shoreditch. On the 1st of April, about half-past six o'clock, my husband's mother went out, leaving her work-box on a large table under the window—it contained the articles stated—I went to fasten the shutter between a quarter and half-past seven o'clock, and missed the work-box—the window was down at half-past six o'clock, and the shutters shut, but about half-past seven, I found the window and shutter a little way open.
SARAH HICKS . I live in Bunhill-row. On Thursday, the 2nd of April, the prisoner Alfred came to my house, about two o'clock in the afternoon—he opened a little hand-basket, showed me a work-box, and said his father had sent him to ask if I wanted to buy such a thing—I said "No"—it was a rose-wood box—I should know it again—he also showed me two mourning rings, two brooches, an eye-glass, chain, and smelling bottle—I gave them back to him, and told him I did not want them—next day Mr. Jordan made his loss known to me, and I mentioned this.
ELEANO JONES . I am the wife of John Jones. On the 2nd of April the prisoner William came to our house with a small rosewood work-box, lined with blue satin, and asked if I wished to purchase one—it contained two mourning-rings, two brooches, a silver eye-glass, and a smellingbottle—one brooch was a cornelian, and the other had a white figure on it—I did not buy it, and he took it away.
SUSANNAH JORDAN . Mine was a little rosewood box, with turned handles, lined with blue satin; it contained two mourning-rings, and three brooches, but one was broken; the other two were cornelian—the other had a white figure in it, there was also silver eye-glass, a silver chain, a scentbottle, a thimble, and other small articles.
NOT GUILTY .
fourth Jury, Before Mr. Recorder.
MARY ANN PEARSON . I am single, and live at No. 116, Gravel-lane. On the night of the 8th of April I was in the King William public-house, New Gravel-lane, a little after ten o'clock—the prisoner came in—I was seated alongside a young man whom the prisoner had been with for a few nights—I was in liquor—I do not know the young man's name further than Henry—he called for a quartern of rum—the prisoner came up to the table where I was sitting, and called me a b——rotten cow—she went down the room, I followed her, and pulled her nose for it—she immediately went out, went home, took off a silk gown, which she had on, put on a cotton one, and returned in ten minutes—she came to me as I stood in the middle of the room, knocked me down, pulled my cap off, and pulled my hair—one of the waiters seeing that, turned her out—she
went and stood at the street-door—in about ten minutes after, ft young woman named Perkins came in to tell us supper was ready—I was going home to supper, and the witness Thomas was holding her arm round my waist, taking me to the street-door, as I was a little intoxicated—the prisoner was at the door—I did not hear her say any thing to me, but as I was getting off the first step, she had the key of the street-door in her hand, and struck me a violent blow across the nose, which broke my nose—before I had time to speak to her, she struck me another blow in the mouth—I fell down on my back, Thomas picked me up, and seeing me bleed so fast, she said, "Liverpool Poll, you have a key in your hand; you shall not strike her with a key"—two of my teeth are splintered, and some loose, I bled, and my lip was cut.
Cross-examined by MR. HORRY. Q. You and Thomas have been talking of this since? A. No further than we have been here together—we live opposite one another—I have seen her every day—she has not told me what she said before the Magistrate—she has told me, but I had no occasion to notice what she said, because I have only to speak the truth—she told me the had said that the prisoner came back in ten minutes—I knew she led me to the door—she told me no more than I knew—I have seen the man I was drinking with several times with the prisoner, but did not knew his surname—I was sitting in the long room—there were a great many people there, but not so many as there are sometimes—the room will hold sixty or seventy—I had been there from eight till ten o'clock—the prisoner came in afterwards, and went into the third box down the room, after speaking to me—she came across the room when she first came in—I was sitting opposite the door—she did not stop in the room many minutes—I have always said that she knocked me down first—I do not exactly remember whether she said any thing when I pulled her nose, but she went out, and shifted her clothes—I said nothing to her when she came back—she said to me, "Now come out, you b——w——, I will have it out of you now"—I do not recollect whether any body said to her, "Go and change your gown"—this is the deposition which I made my mark to—(looking at it)—it was read over to me—(The witness's deposition being ready represented the prisoner to have pulled her down before the left the room, and that it was half an hour before the returned, and upon getting to the door the said something which the witness did not hear)—I do not remember her saying any thing at the door—he struck me three blows, the first on the nose, one on the side of my nice, and one on my lip—she went out first the second time she came in—she did not come in a third time—she was turned out directly by the waiter—I went out ten minutes or a quarter of afterwards—it was not more, I think it was not less than five minutes—I did an hour not go out at the same moment with her—I know Toomey—she was not present when the blow was struck with the key, nor yet till the key was taken out of the prisoner's hand—my bonnet was off—the was standing on the first step of the door, and struck me as I was coming out—she had the key in her hand—Thomas was with me all this time—she knocked me down, struck me twice with her fist, and then a third time; and was going to strike me again, when the key was taken out of her hand—she then made the best of her way home—I went next day to get a warrant, but the Magistrate told me to go to the station-house, and get a policeman—I went to the station-house by the Magistrate's order, got the inspector to let an officer go with me, and he found the prisoner getting over the wall.
SUSAN THOMAS . I live in New Gravel-lane. On the 8th of April I was in company with the prosecutrix at the King William public-house—she sat by the side of a sailor who had been stopping with the prisoner some nights—I had seen him frequently with her—he treated the prosecutrix to some rum—the prisoner seeing that called her names not fit to mention—the prosecutrix got up in a few minutes, and went and wrung her nose as hard as she could—I tried to prevent her doing it, and fetched her up the room, away from the prisoner—the prisoner went out in about ten minutes, and returned in about ten minutes with a cotton gown on, having had a black silk one on before—the prosecutrix and I were coming up the room, and the prisoner struck her, knocked her down, and told her to come out and fight—I said she should not, for she was too drunk to fight—one of the waiters then came, and put the prisoner out—in about ten minutes Perkins came and told me supper was ready—I said, "Very well, help me lead the prosecutrix out," which she did, and before we could get her off the second step of the door, the prisoner struck her with the key of the door, and never spoke to her—she was outside—she struck her on the nose the first blow—altogether she struck her two or three times—she never spoke at all—she struck her on the lip the second time, and I said, "Why, Mary, you have a key in your hand"—I either called her Mary or Poll—I wrenched the key out of her hand—this is the key—(looking at it)—she struck her with the ward part—I have every reason to believe she was waiting outside the door for her—she had been out of the house about ten minutes—the prosecutrix's face bled very fast indeed.
Cross-examined. Q. You have had some conversation with the prosecutrix since? A. Yes—I have not told her what I said before the Magistrate, not to my recollection—I was in the room all the time—the prosecutrix went in with me about eight o'clock—the prisoner came in between ten and eleven o'clock—I believe the first words began a little before eleven o'clock—the prisoner called her a b——cow, not a rotten cow, in my bearing—I sat close alongside of her—the prisoner was not going out of the room, and the prosecutrix following her—the did not say, when she returned in her cotton frock, that she was ready to fight her then—she stood with her back against a fruit-basket, struck her, and knocked her down—I took her up—I said nothing to the prisoner—I did not hear Pearson say, "There is no law for pulling noses or kicking * * * I was in company with Pearson from first to last—I might have left her a minute—she and the prisoner were not going out to fight—Pearson did not try to hit her after they got out of the house—the first of the scuffle was the prisoner's trying to hit her with the key—Pearson laid hold of the sleeves of her gown, that is all—the prisoner did not say in my hearing, "I don't wish to fight with keys"—when Pearson got up she was bleeding from the face—she was struck down by Mr. Talbot's window—she fell in the kennel, about the middle of that window—there is no step where she fell—she was knocked down by a